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Patrick King
From: Zach Coughlin <zachcoughlin@hotmail.com>
Sent: Monday, April 16, 2012 5:41 PM
To: Patrick King; David Clark; Glenn Machado
Subject: Mr. King's assertion in his 3/16/12 letter
Dear Bar Counsel,
One thing that I am not sure I have ever pointed out, is that my then live in girlfriend of over 4 years stole about 2
months worth of my portion of our rent from me (our arrangement was I would give her the money, she would forward it
on to the landlord) in the period between May-July 2011. I sacrificed a great deal and paid lots of her tuition, and she
broke up with me and moved out on or around May 18th, 2011, about 3 days after we hosted her entire family for her
graduation from UNR. I did not know about her stealing my portion of the rent or failing to pay her own portion until
August 2011, as the landlord was on an extended vacation and failed to communicate any deficiency in the rent until mid-
August, 2011, and the eviction in RJC REV2011-001708 from my former home law office ensued within less than a week
of his communicating this deficiency. He and his counsel, Richard G. Hill, Esq. and Casey Baker pursued a No Cause
Notice of Eviction because there was a wealth of support for me contention that habitability issues, fix and deduct, and
the landlord's failure to cure, in addition to personal property damage done by the landlord's landscaping crew and a
provision in the lease holding the landlord liable for such, indicated it would "be the path of least resistance" to simply
seek a No Cause Eviction. The only problem in their attempt to circumvent the law (even though they still threatened to
seek back rent in another forum after getting their No Cause, summary eviction) was the fact that the Lease Agreement
specifically allowed for me to have a commercial law office there, and NRS 40.253 makes impermissible a summary
eviction against a commercial tenant unless the non-payment of rent is Notice, which, of course Baker and Hill chose not
to do....and it was about the time that Hill started to understand that his "wrong site surgery" for his neurosurgeon
landlord client might subject Hill and his firm to some malpractice liability, that Hill started writing letters to bar counsel
attempting to start some grievance on behalf of Gessin (whom Hill did not find so objectionable when Gessin was Hill's
client and Hill was milking over $20K from Gessin) for "ghostwriting" even though I was listed as Attorney of Record on
several different Gessin cases, etc., etc.
Anyway, I deny guilt on each an every allegation made against me by Hill, Judge Nash Holmes, and whoever else has
.filed a grievance or complaint and also with respect to any criminal charge against me, including that which resulted in a
conviction in 11 CR 22176, which, I think will ultimately reveal was replete with prosecutorial misconduct, lying by the
Wal-Mart foss prevention associate, and lying by the two RSIC police officers, in additional to abuse of discretion and
other errors by Judge Howard.
I am writing to report that I did not receive Mr. King's 3/16/12 letter until a substantial time after it was sent. The
postmark on that 3/16/12 letter from Assistant Bar Counsel King (please see attached picture of the letter and envelope)
indicates it was mailed 3/16/12, and the letter indicates it was not faxed to me (despite my numerous written requests
that such a practice be done in consideration of the problems I have encountered in the USPS violations of the Federal
Torts Claims Act and incident to the domestic violence I have been subjected to, in FV12-00188 and FV12-00187, which
included interference with my mail).
I timely filed an Official Change of Address with the USPS. Additionally, I made numerous appearances at both the
Golden Valley USPS Station and the Downtown Reno Post Office in and attempt to make every diligent effort to receive
my mail. I have been threatened by and lied to by the supervisors of the Golden Valley Station USPS Station. I had a
hearing related to a landlord tenant dispute on 3/15/12 (which makes Judge Nash Holmes assertion, in her 3/14/12 letter
that I was living in my car at that time rather suspect, given my home law office was located at the property which was
the subject of that hearing and which I was still located at on 3/14/12...of course, Judge Nash Holmes provides no
attribution for such hearsay in her extremely reckless assertion) in RJC REV2012-00374 (the matter for which Gayle Kern
sent a property manager who lacked even a law license to litigate on her behalf, or on that of the HOA which Kern has
now decided to appear for, despite her being listed a the PTTHOA Resident Agent for sometime and despite Kern being a
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named party in the lawsuit in RJC Rev2012-000374.
My point is, I did not receive Mr. King's mailing of 3/16/12, in a timely manner, and as such, I am requesting more time
to respond to it. Additionally, I note that Mr. King, in that 3/16/12 letter, writes "I am enclosing with this letter copies of
a grievance letter, from the Municipal Court and a copy of an Order from District court....I will make available for your
review and inspection the supporting documents and audio recordings."
However, as I have previously written, Mr. King has not made "available for (my) review and inspection the supporting
documents and audio recordings". I wish to have a copy of all such "supporting documents and audio recordings", and
failing a copy being provided, I wish to be allowed the access to conduct a "review and inspection" of "the supporting
documents and audio recordings" that Mr. King promised to afford me. At no time has Mr. King ever allowed me such
access. In addition, Mr. King now informs me that he has opened a grievance on behalf of Judge Linda M. Gardner,
Incident to a Order for Sanctions she entered in April 2009. Mr. King has refused to indicate to me who submitted this
Order for Sanctions or otherwise provided it to Bar Counsel as a Complaint or Grievance or otherwise. I believe someone
necessarily must file the complaint or grievance. Further, I believe I am entitled to know whom that is, and when such
was flied. Additionally, Mr. King has, so failed to provide a copy or any access to any purported complaint by the City of
Reno Marshal's division incident to my accessing justice, or attempting to, on March 22nd, 2012. I am again requesting
that I be so provided as much.
I filed an Official USPS Change of Address on March 12, 2012, in anticipation of a change of address incident to a landlord
tenant hearing set for March 15th, 2012, and further, in response to hostility, retaliation, lies, and threats made by the
LISPS Golden Valley Station supervisors Buck Hyde, Terri James, and a ''Ms." Passot. Some mail, like Mr. King's 3/16/12
letter to me, was eventually forwarded to me (Mr. King's letter has 3 different yellow stickers affixed, one atop the other,
on it by the USPS), however, some mail, like several Orders of the Reno Municipal Court, were not forwarded on to me,
but rather, apparently, returned to the Reno Municipal Court. Nonesuch Orders were returned to the RMC in time for
Judge Nash Holmes 3/14/12 letter to Mr. King, as such, I have no idea what Judge Nash Holmes is referring to when she
.describes difficulty contacting me (the attempts by Judge Nash Holmes and the RMC apparently did not included either
email or fax or a phone call, however...,),
There has been little rhyme or reason as to what mailings the USPS simply returned to the sender (such as a mailing from
the RMC dated 3/14/12) and which mailings it ultimately forwarded on to me (at my then PO BOX 60952, please note, I
have a new PO BOX, that I intened to keep for a substantial period of time, it is PO BOX 3961, Reno 89505...), such as a
3/13/12 mailing from the Reno Justice Court, which was forwarded on to my then PO BOX 60952 (albeit that envelope
has 3 yellow stickers stacked atop each other as well, the farthest one down indicating a forwarding date of 3/21/12, then
next sticker indicating a hold, and the final sticker atop the stack indicating a forwarding date of 3/28/12....).
I stayed in a weekly motel for an extended period of time following my November 2011 No Cause eviction from my
former home law office, and there was difficulties in filing a Change of Address incident to that given that the Address
being changed from was permanently assigned to a business, a motor lodge. Further, some problem cause Bank of
America to temporarily deny my attempts to change my address on file online, and rather require that I mail Bank of
America a signed letter requesting as much, all the way to Florida. That resulted in delays in filing an online Change of
Address with the USPS, given the USPS demands the online changes be made with one's own debit card, and that they
debit card bare the same billing address as the location one is filing a change of address from, or else, the USPS, will
prOcess such a request, but it will add 7-10 days to tohe processing time. I chose that option given mailign a letter to
Sank of America in Florida would have taken just as long. IN the interim I went to the Golden Valley USPS Station and
explained these circumstances and the supervisor, beyond calling me a "squatter" in advance of the hearing in RJC
REv2011-000374 (and refusing to divulge whom had been providing information to them resulting in such a prejudicial
View of my tenancy at 1422 E. 9th St. #
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2, Reno 89512), informed me that while my Change of Address to my then PO
Box 60952 was being processed, my mail would be held at the Golden Valley Station and that I could retrieve it there for
the next 7-10 days. When I returned in the following days, a supervisor named Buck Hyde literally assaulted me, and he
and two other supervisors there, Terri James and "Ms. Passot" informed me they were "Feds" and didn't have to put up
with any crap from an attorney related to state laws like NRS 118A.190, though they couldn't cite specifically to any
section of Title 39 of U.S. Code justifying their refusal to allow me a mailbox key to my former home law office at 1422 E.
9th St. #2.
Sincerely,
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Zach Coughlin, Esq., PO BOX 3961, RENO, NV, 89505, tel: 775 338 8118, fax: 949 667 7402;
ZachCoughlin@hotmail.com Nevada Bar No: 9473
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Message View http://enhanced.charter.net/15585/messageview.html

Here is what Leslie did and what to ask, also we have your tile that you will need I will ask Heather to put it
together... MC
MANIC V.A.
MARIA CAMPOS
1575 DE11:Cri It LANF. S1 E 201
RENO, NV 80502
0. 775-825-0380
F. 775-825-5763
AAFI IS NOT 4 LAW FIRM. AAFI DOES NOT DISPENSE LEGAL ADVICE OR OPINIONS,
AAFI PERSONNEL HAVE MORE EXPERIENCE IN HOME RETENTION AND PRESERVATION THEN ANY LAW
FIRM IN NEVADA. AAFI PERSONNEL CAN GIVE THEIR OWN EXPERT NON LEGAL OPINIONS AND ADVICE
BASED UPON THEIR YEARS OF EXPERIENCE WITHIN ENE HOME PRESERVATION, AS WELL AS THE LENDING
AND TITLE INDUSTRIES.
This c-nail nicAsage is a Cilnfidentialcorrinsicathn from Aftbrdahle Access Foundation Inc. r AAF1) and is intended only for die turned recipktitist above
and may contain inlormation that is a trade semi propritary. lfyou have received this message ileum; or are not the named or intended recipiendst pkiez
inmcdiatcly nanny die sender ar 775.825.0380 and delete this e-mail message and any attachment
El, AA FT NO FS UN BUFETE DE ABOGADOS. El AAFI NO DISPENSA CONSEJO LEGAL U OPINIONS,
El PERSONAL DE Ann TIEN E MAS L'iPERIEN CIA EN RETENCION Y PRESERNACION DE CASAS (NE CEALQUIER BlIFETE DE
ABOGADOS EN NEVADA. EL PERSONAL DE AAFI PUEDE DAR SUS PROPIAS EXPERTAS OPINION ES V CONSFJOS
"NOLE(:A LEN" BASAIX) POS SI'S ASOS DE ENKA IENCIA FN LA PRESERVACION DE CASAS, A,Sl COMO INDESTRIAS DE
if
-
wt.() YR(STAMO.
tste mens.ajede correocktorOnicoes trta conaincaconconfidencialdclAtihrdableAccess Foundation, Inc. (AAF0yes ilerscionado seloparaelrecipiente
ts) non
-
brain witeriornicrac yptede contener infomascinnio: cs on secretn de fitliricaciOn. initentado. Si sated ha recisido este =male por error, o no mei
recipiric llamado n intencimado. nor favor rrattique iirmiliatarnente alrerniente at 775 825.0380 y bone este nrnsajede curreo electrOnienycuakmicr
acctiorio.
From: lestie moon [mailtolesliemoon@sbcglobaLnet]
Sent: Monday, April 16, 2012 8:43 AM
To: MARIAACCESSNV.ORG
Subject: Rio
Lel needs to ask the mediator if the other side brought everything required by
the laws that govern the mediation process. if anything is missing, he needs to
make sure the mediator lists it :)n the form. Additionally, he should bring up
tne fact that he owes .about 23510 and it is worth about 113K. He needs toaskif
he would be eligible for any relief from NEVADA'S HARTDEST HIT FUND. Unlikely
trey will, do anything, but his request should he on the record
This is about all he can do.
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Message View

hifp://enhanced.charter.net/15585/messageview.hunl

reviewed nis loan post into ana witn nis income, ne is only saving about tou
per month. It is only his income, so there is not much we can do about that.
He is very upside down. I would have a conversation with Lalo and find out what
he wants to do if in fact they will not offer a principal reduction (which they
wont at mediation).
If he does not want to keep the home at the present loan balance, mediation can
be a forum to aggree to short sell and have the defiency waived. If this is a
possibility, he should ask if they will agree to waive it if he aggrees to
sell. This does not mean he has to sell right now. We can still try for
additional relief, but if it turns into something we need to short sell, we can
have that on the mediator statement that they are willing to waive the balance.
Some options!
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From: zachcoughlin 10-03-12 9:26am p. 2 of 63 To: 4ab6O24c-91337-4774-1370-77c1908
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IN T11 E SUPREME (:()LIZ T OF 'HIE OE NEN ADA
In It Mstler
1... A.C.R.11Y BARE ER COUGHLIN, T
.,
:SO.
Bar No: 9473
Supreme Court No: 60838
MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR
COUNSEL AND, POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY
COURTS JUNE 7TH, 2012 ORDER IN CASE 60838 AND COUGHLIN'S SCR 102(4)(d)
PETITION IN CASE 61426
COMES NOW, ZACHARY BARKER COUGHLIN, ESQ., and filesthe above named
document and movesthisCourt, or the Board, Panel, Bar for the reliefrequested herein. Thisfiling
isfurther based upon the papersand pleadingson file herein and in the companion case before the
NevadaSupreme Court in 60838 and 61426.
23 FACTS
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1. PatrickKing, Esq., Bar Counsel ofthe North. and NNDB Chairman I ThomasSusich
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continue todisplay an alarming lackofappreciation for due process, basic fairness, and other notions
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offair play and substantial justice...and now seekstosubvert the expressruling ofthe Nevada
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NND13 TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
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Supreme Court in itsJune 7th, 2012 Order by turning the Hearing that hasalready been set (as
confirmed by the SRN'sLauraPeters, in writing) for September 25th, 2012 intoa"due processcomb
packexpresspackage" wherein all the variousmattersset forth in King'sComplain shall alsobe
addressed, despite the Order by the NevadaSupreme Court and the text ofSCR 11 l very clearly
indicating the "sole purpose" ofthe hearing will be todetermine the punishment for the one criminal
conviction contained in Bar Counsel'sSCR 111 petition ofMay 10, 2012 in 60838 and where an
"immediate hearing" isfurther required in light ofCoughlin'sSCR 102(4Xd) Petition filed, and
unopposed by the SBN in 61426.
2. SBN ClerkofCourt ofthe LauraPetershasassured Coughlin that noservice ofany SBN v
Coughlin Complaint hasbeen effected asofthisdate and that Coughlin isin nodanger ofdefaulting
for failure toanswer any such Complaint. However, ClerkofCourt Petersindicated toCoughlin that
she did not file Coughlin'sSeptember 17th, 2012 Motion toDismissin light ofdirectionsfrom Bar
Counsel Patrick0. King, Esq., and further. NNDB Chairman, J. ThomasSusich hasmade similar
indicationsofthe extent towhich King isattempting tocircumvent procedural rulesattendant tothese
mattersand cause Coughlin further damagesand delay, particularly with regard tothe dictatesofSC
116. The scheduling ofthe hearing isthe domain ofthe NNDB and isnot tobe handed oftothe
prosecutor here, Bar Counsel Pat King. Peters, King. and Clarkhave all admitted that King and
Clarkare seeking tocircumvent the procedural rulesand Order related tothe scheduling and holding
ofthe hearing in response tothe Court'sJune 7th. 2012 Order in 60838 and with regard tothe
"inunediate hearing" required upon Coughlin'sAugust 13th. 2012 Petition in SCR 61426, which Bar
Counsel hasfailed toOppose, and for which, therefore, Coughlin isentitled tothe reliefhe therein
sought, ie, the dissolution ofthe temporary suspension ofhislicense topractice law.
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY ANT) OBSTRUCT HE. ARTNG REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHL1NS SCR 102(4Xd) PETITION IN CASE 61426
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To: 4ab5c124c-9b37-4774-8370-77c1906 From: zachcoughl in 10-03-12 9:26am p. 4 of63
3. By and Order ofthe NevadaSupreme Court on June 7th, 2012 Coughlin'sconstitutionally
protected property right, hislaw license, wastemporarily suspended: "Pursuant toSCR 111,
temporary suspension and referral tothe appropriate disciplinary board are mandatory when an
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attorney hasbeen convicted ofa"serious" crime, which includestheft. SCR 111(6)-(8). Accordingly,
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pursuant toSCR 111(8). we refer thismatter tothe appropriate discipli d Ins i ion o
aformal hearing before ahearing panel in which the sole issue to be determined shall be the extent
ofthe discipline tobe imposed. Furthermore, pursuant toSCR 111(7), we hereby temporarily suspend
attorney Zachary B. Coughlin from the practice oflaw in Nevada, pending final disposition ofthe
disciplinary proceedings."
4. In awritten communication from SBN ClerkofCourt LauraPeterson July 26th, which
wascc'd toBar Counsel PatrickKing, ClerkPeterswrote: " Mr. Coughlin: I have been contacted by
Toni Susich ofthe Northern NevadaDisciplinary Board. I understand that you would like toschedule
aformal hearing in your matter. I have gathered some available datesin September and October let
me know what will workfor you: September 25, 26 or 27 October 15, 16, 17, 18, 30 or 31 Thankyou
LauraPeters". In an written correspondence from Coughlin toClerkofCourt for the SRN Peters:
"Subject: Hearing... Dear Ms. Peters, Please set the hearing date assoon aspossible for any matter
involving me that hasbeen referred tothe bar or the disciplinary panel. thanksZach Coughlin". The
SBN'sPetersresponded, in writing, on August 17th, 2012,10 Coughlin: "RE: Ifearing...Zach: How
about September 25th, workfor you?". Coughlin responded toPeters, in writing, on August 17th,
2012: "That worksthanks" with acopy ofPeter'scorrespondence ofAugust 17th, 2012 setting forth
the September 25th, 2012 Hearing date. Coughlin wrote toNNDB Chairman J. ThomsasSusich, Esq.
on September 11th, 2012 indicating, in writing: " The hearing isset for... Hearing date... I look
forward toour Hearing on September 25th, 2012. Zach Coughlin".
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND.
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61426
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4.1 Upon information and belief, in early May 2011, prior toany SCR 111 Petition or SCR
105 Complaint being filed, Bar Counsel violated SCR Rule 121(5) Confidentiality: "5. Temporary
suspension under Rule 102(4). In the event that the state bar filesapetition with the supreme court for
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the temporary suspension ofan attorney before aformal complaint isfiled in the underlying
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disciplinary proceeding, then the matter shall be treated as confidential. Ifthe court grantsthe
petition, then the matter shall become public upon entry ofthe order granting the petition. If the
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court denies the petition, then the matter shall remain confidential until a formal complaint is
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fled or the matter is otherwise concluded."
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5. On September 11th, 2012, in atelephone conversation with Coughlin, SBN ClerkofCourt
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confirmed that the hearing previously noticed, set, and schedule for September 25th, 2012 was"still
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scheduled" and "on the calendar". During that conversation, ClerkofCourt Petersadmitted that
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"there isahearing set for the 25th (ofSeptember), we set that just on the SCR 111 Petition. Now
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there isaComplaint and I thinkthat Pat and David want tocombine it, I didn't know that at the time
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that I set your hearing date." Coughlin then asked Peters"So, the hearing isstill set on the
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calendar?". Petersresponded "on the calendar it is". Then Petersindicated that "as soon asthe
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Hearing wasset, they (Pat King and David Clark) said 'oh, wait, wait, we want tocombine it with the
Complaint'sHearing aswell, sothey filed aComplaint and I served it on you." when I set your
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hearing (for September 25th, 2012), I did not know that David (Bar Counsel David Clark) and Pat
(Pat King) wanted tocombine that (hearing on the SCR 111 and SCR 102(4Xd) Petitionsin 60838
and 61426) with aSBN v. Coughlin Complaint the SBN hasbeen threatening tofile against
Coughlin)

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6. Bar Counsel King hascontinually referred toCoughlin, asa"former attorney", often when
speaking directly toCoughlin, and hasfurther mentioned toCoughlin that Coughlin hasbeen
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61426
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From: zachcoughlin 10-03-12 9:26am p. 6 of63 To: 4ab6d24c-9b37-1714-8370-77c1908
"disbarred", while speaking in amockdevastated tone when mentioning the sadnessKing would
himselffeel ifCoughlin lost hislaw license, which echoed the venomouschill in the air when David
Clarkrecalled toCoughlin, regretfully about that one time an attorney committed suicide before Clar
got achance toprosecute him, and that regret, tobe clear, wasdue tomissing the chance toprosecute
that attorney prior tothe suicide. King isapparently unaware that disbarmentswere made irrevocable
in Nevadain 2008 or the fact that one isstill "an attorney" during atemporary suspension ofone'slaw
license.
7. Coughlin appeared at the northern officer the State Bar for the calendared, agreed upon,
noticed, and set September 25, 2012 Hearing notice tohim and the NNDB'sChairman Susich and
required by thisCourt'sJune 7th, 2012 Order and SCR 111(8). While Coughlin sat waiting in the
lobby out walked ClerkofCourt Petersand Bar Counsel PatrickKing, King holding astackofpapers
then handing them toClerkPeters, and King whom greeted Coughlin and entere aconversation that
when approximately like this:
King: Zach.
ClerkPeters: I am supposed tohand you thisComplaint.
King: Your're served (motioning toClerkPeterstohand Coughlin the stackofpapers). You are
officially served. She'sthe Court Clerk_ You're served.
Coughlin: Aw.. I thinkone hastohe served by anon-party under SCR 109.
King: No, you're served ,she'sthe ClerkofCourt, sotake it. She'sserving you, your are officially
served and soI will issue adefault judgment against you ifyou don't accept it.
Peters: I mailed it out.
Coughlin: Ismy hearing going tobe held right now?
King: First, take this.
Coughlin: What about my Hearing that'swhat I'm here for right now.
King: First, take this.
Coughlin I thinkyou actually can't serve people when they are showing up for aHearing.
King yesI can absolutely can,
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MOTION FOR ORDER TO SHOW CAUSE REGAIWING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB '1"0 DELAY AND OBSTRUCT HEARING RF.QUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61426
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Coughlin; I have casesthat say you can't.
King: I absolutely can thingsdon't goyour way because you don't accept responsibility (King grabs
the stackofpapersfrom Petersand attempt toinsert them intoCoughlin'ssuit jacket after pulling the
middle button on Coughlin'sblazer away from Coughlin'storso, whereupon King givesup on that
approach). I'll drop it at your feet here your served (King bendsdown and placesthe stackofpapers
on top ofCoughlin dressshoes).
Coughlin you are a
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party though it hastobe anon-party that'sthe law
King: Zach. don't play games!
Coughlin: It'snot agame, Pat, it'sthe law.
Peters: Zack, please?
Coughlin: Where ismy hearing?
King: Hi Paulawhere you witnessthat tin serving or that rather Lauraisserving Zach Coughlin with
the Complaint.
Paula: Sure? (looking bewildered beyond all measure).
King Here isthis, take it, take it, Zach_
Coughlin: We gotohave my hearing today?
King: First order ofbusinessisfor you toaccept the Complaint
Coughlin: For you may be Pat, but you're not the one whohasn't had alaw license last four months
over acandy bar so...
King are going totake the complaint it'saformal complaint I'm been adefault you him him. You can
pretend you didn't get it else istake adefault
Coughlin: Pat I filed amotion todismiss. Seemslike you are trying toput ClerkofCourt Petersin
kind ofabad spot.
King No, you haven't filed it itsbeen rejected,
Coughlin: By who, the prosecutor? The prosecutor rejected it, Pat?
King: Listen the ClerkofCourt Petersrejected it because it doesn't say what itsdismissing. You arc
not even acknowledging that you have been served sotake the Complaint and then you can answer it.
You're been served right now
Coughlin: well I guessyou're free toargue that, that you aparty that isserving me.
King: No. the Court clerkisserving you. Your at the State Bar office being served with aComplaint
Coughlin I I've got casesthisthe you can serve acriminal defendant when they show up toacivil
proceeding
King: ThisisState Bar.
Coughlin: Oh, I get it. We're playiti prison rules, huh? Like in that movie The Cable Guy when Jim
Carrey isplaying pickup ball and says"Oh, we're playing prison rules" tothe guyswhojust fouled
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61426
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him sohard? I guess, we are "playin"prison rules"' down here at the State Bar, huh? Are we going t
have my hearing today? Because the Hearing islimited in scope and purpose, right?
King: Zach listen tothe Court Clerk.
Coughlin: Okay.
Peters: when you and I talked about the date for September 25 that wasatentative thing I have not
formally notice that I never did
King: Because you did not answer the complaint because you did not answer the complaint by me
explain Mr. Coughlin the suspension that you receive from the Supreme Court which istheir order
safety ofaproblem with the Supreme Court.
Coughlin I did with the SCR 102(4)(d) Petition? Why didn't you answer that, Pat? Now, I win on
that on default, too?
King: That'sthe Supreme Court they suspended you pending...pending adisciplinary Complaint
which iswhat that is(motioning toastackofpapersKing had earlier laid at Coughlin'sfeet).
Coughlin: Sothisisanew Complaint filing?
King know the suspension ispending the disciplinary action that I bring. I have not filed any
disciplinary action they suspended you pending disciplinary action him thisisdisciplinary and him
(motioning tothe stackofpaperson the ground).
Coughlin: SCR 111(8) and the Supreme Court'sorder said that the hearing islimited tothe sole
purpose ofdetermining Mr. Coughlin'spunishment for that upon which the SCR 111 Petition was
brought.
King: it doesnot say that, it says'pending adisciplinary action by the State Bar'
Coughlin: I am talking about the "hearing before the Disciplinary Panel" under SCR 111(8) and the
Court'sJune 7th, 2012 Order, that isdifferent than some hearing tinder an SCR 105 Complaint. That
the whole import ofthe language in SCR 111(8), which the Court quotesexactly in itsJune 7th, 2012
Order for Temporary Suspension ofLaw License where it reads, "the supreme court shall"..."refer the
matter tothe appropriate disciplinary board for the institution ofafonnal hearing before ahearing
panel in which the sole issue tobe determined shall be the extent ofthe discipline tobe imposed".
King: Listen tome, I am trying tohelp you. That Complaint (pointing at the slackofpaperson the
ground) isthe Complaint that we will have the Hearing on...
Coughlin: We are having aHearing today, and ifwe don't, you default, and I get my license back.
King: Ifyou answer that Complaint, then.. you will have the right toappear at aHearing and argue
your case tothe Disciplinary Panel. Ifyou donot file aVerified Answer tothe Complaint, then we
will move forward, and proceed on adefault basis, and the Panel may accept every allegation in the
Complaint astrue.
Coughlin: Soyou refused tofile the Motion toDismissI submitted for filing?
King: What Motion toDismiss?
Coughlin: The one ClerkPeterssaid you told her not tofile.
King: I didn't tell...I don't tell the Court Clerkwhat todo...
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
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Coughlin: I sent it toyou Pat. What Motion toDismiss?
King: What are you asking tobe dismissed? It doesn't say what you are asking tobe dismissed. You
can't have it both ways, Zack
Coughlin: Pat, doyou have acase number,? Doyou have acase number on that, on that, Pat?
King: Pickit up and read it. Pickit up and read it.
Coughlin: I can wait around her alittle while longer for you toget my Hearing going, but at some
point I thinkI would be justified in assuming you are refusing toproceed with or hold the Hearing
you set and noticed, so...you might want toget Chairman Susich or somebody down here and get this
Hearing, here, happenin', Pat.
LAW AND LEGAL ARGUMENT
A state cannot exclude aperson from the practice oflaw in amanner or for reasonsthat
contravene the due processor equal protection clausesofthe Fourteenth Amendment. 105. Due
processrequirements; notice and opportunity tobe heard
An attorney isentitled todue processin disciplinary proceedingsconcerning hisor her
conduct.[FN1] Due processin disciplinary proceedingsrequiresthat the attorney be given notice of
the proceeding and an opportunity todefend at ahearing, and that the proceeding be essentially fair.
[FN2] Due processrequiresthat, in an attorney disciplinary proceeding, the attorney must be notified
ofclear and specific chargesand must be afforded an opportunity toanticipate, prepare, and present a
defense.[FN3] The precise procedural protectionsofdue processvary, depending upon the
circumstances, because due processisaflexible concept unrestricted by any bright-line rules.[FN4]
An attorney isnot denied due processwhere he or she voluntarily leavesthe hearing with full
knowledge that the proceedingswill continue in hisor her absence.[FN5] There isnodenial ofdue
processwhere an attorney isserved with acomplaint and requestsfor admissionsbefore the bar files
the complaint in the supreme court where the rulesdonot require that the complaint be filed before it
isserved.[FN6] hi addition, an attorney'sdue processrightsare not violated, even though the attorney
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TIL 2012 ORDER
IN CASE 60$38 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
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isnot allowed toattend agrievance committee meeting, ifthe attorney isserved with notice ofthe
bar'schargesand isafforded an opportunity in the disciplinary hearing tobe heard. IFN71
A statute providing for automatic disbarment ofan attorney for conviction ofan offense involving
moral turpitude doesnot violate due processifthe attorney hasnotice ofthe disbarment proceedings,
and isable topresent hisor her position tothe board on professional responsibility and argue that his
or her crimesdid not involve moral turpitude. [FM]
What isimportant isthat the disciplinary board'srecommendationsput the attorney on notice ofthe
chargeshe or she must answer tothe satisfaction ofthe cotut.[FN9] Astothe discipline imposed, due
processrequiresthat an attorney facing discipline be permitted toexplain the circumstancesofthe
alleged offense and tooffer testimony in mitigation ofany penally
tobe imposed.[FN 10]
Where the evidence at the hearing disclosesmisconduct not charged in the original notice, the bar
may move toamend the notice toconform tothe proof, but ifnosuch motion ismade, the attorney
may be disciplined only for the misconduct alleged in the original notice.[FN11]
An attorney may be temporarily suspended without apre-suspension hearing where the riskof
erroneousdeprivation isminimized by provisionsallowing the attorney tocontinue hisor her existing
practice for aspecified time and allow for immediate hearing and prompt resolution ofthe matter.
[FN12]
Due processrequiresacourt toprovide notice and opportunity tobe heard toan attorney prior
toimposing alifetime ban on the attorney'sprohac vice statusin the court'slocal division. [FN13]
Attorney suspended from practice oflaw wasnot deprived ofdue processby state court
disciplinary procedure, aswould warrant imposition ofdifferent discipline in reciprocal discipline
9/62
MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND C7OUGHLIN'S SCR 102(1)(d) PETITION IN CASE 61426
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proceeding, for attorney'sethicsviolation in misleading lower court in underlying inheritance action
by filing motion towithdraw fundsconsigned in lower court for client, but failing todisclose that
client had died and misstating that there were nominorsinvolved, since attorney had full notice and
opportunity tobe heard in state court disciplinary proceeding. In re OliverasLopez De Victoria, 561
F.3d 1 (1st Cir. 2009).
Attorney wasnot denied due processat presentment before trial court in disciplinary
proceeding by admission ofcomplainant'stestimony at earlier hearing before reviewing committee;
complainant wasunavailable, and attorney had afull and fair opportunity toand in fact did cross
examine complainant at hearing before review committee. Statewide Grievance Committee v.
Johnson, 108 Conn. App. 74, 946 A.2d 1256 (2008), certification denied, 288 Conn. 915, 954 A.2d
187 (2008).
Attorney wasproperly notified ofdisciplinary proceeding, and the Supreme Court had jurisdiction to
proceed, where hearing notification wassent by both regular and certified mail toattorney'slast
addresson file with the ClerkofAppellate Courtsand both mailingswere returned, marked "not
deliverable asaddressed," and same notice wasmailed toColoradoaddressthat attorney had listed in
aresponsive pleading in aprior disciplinary action, and that notice wasalsoreturned, marked "return
tosender." Sup.Ct.Rules, Rule 215. In re I Allier, 241 P.3d 81 (Kan. 2010).
Attorney had nodue processright tojury trial in discipline proceeding, even though license to
practice law wasaproperty right. U.S.C.A. Const.Amend. 14. In re Gargano, 460 Mass. 1022, 957
N.F.2d 235 (2011).
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61426
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Supreme Court observesdue processin exercising disciplinary jurisdiction over an attorney, but
disciplinary proceedingsare not encumbered by technical rulesand formal requirements. U.S.C.A.
Const.Amend. 14. In re Disciplinary Action against Garcia, 792 N.W.2d 434 (Minn. 2010).
Attorney'sconviction for twomisdemeanor countsoftheft warranted immediate suspension of
attorney'slicense under disciplinary rule authorizing immediate suspension pending fmal disposition
ofdisciplinary proceeding predicated upon conviction for seriouscrime. In re Disciplinary Action
Against Fisher, 2008 ND 151, 754 N.W.2d 802 (N.D. 2008).
The standardsofdue processin an attorney disciplinary proceeding are not equal tothose in a
criminal matter. Disciplinary Counsel v. Heiland, 116 OhioSt. 3d 521, 2008-Ohio-91, 880 N.E.2d
467 (2008). [FNI] The FloridaBar v. Carricarte, 733 So. 2d 975 (Fla. 1999). [FN2] Bradley v.
Fisher, 80 U.S. 335, 20 L. Ed. 646. 1871 WL 14737 (1871); Jaen v. Coca-ColaCo., 157 F.R.D. 146,
31 Fed. R. Scrv. 3d 178 (D.P.R. 1994). [EN3] In re Disciplinary Proceeding Against Marshall, 160
Wash. 2d 317, 157 P.3d 859 (2007). [FM] Steinert v. Winn Group, Inc., 440 F.3d 1214 (10th Cir.
2006). IFN51 Colangelov. State Bar, 53 Cal. 3d 1255, 283 Cal. Rptr. 181, 812 P.2d 200 (1991).
[FN6] The FloridaBar v. Daniel, 626 So. 2d 178 (Ha. 1993). [FN7] The FloridaBar v. Committe,
916 So_ 2d 741 (Fla. 2005), cert. denied, 547 U.S. 1098, 126 S. CL 1890, 164 L. Ed. 2d 569 (2006).
[FN8] In re Krouner. 920 A.2d 1039 (D.C. 2007). [F149] Zauderer v. Office ofDisciplinary Counsel
ofSupreme Court ofOhio, 471 U.S. 626, 105 S. Ct. 2265, 85 L. Ed. 2d 652 (1985). [FNIO] The
FloridaBar v. Carricarte, 733 So. 2d 975 (Fla. 1999). [FN11] Edwardsv. State Bar, 52 Cal. 3d 28,
276 Cal. Rptr. 153, 801 P.2d 396 (1990). 1
.
FN12) In re Lamm, 116 N.C. App. 382, 448 S.E.2d 125
(1994), decision affd, 341 N.C. 196, 458 S.E.2d 921 (1995). [FN13] Lasar v. Ford Motor Co., 399
F.3d 1101 (9th Cir. 2005). cert. denied, 546 U.S. 873, 126 S. Ct. 381, 163 L. Ed. 2d 167 (2005).
fl/62-
MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
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2.
SCR Rule 119. Additional rulesofprocedure.
I. Record. The record ofahearing shall be made available tothe attorney at the attorney'sexpense
on request made tobar counsel. Willner v. Committee on Character and Fitness, 373 U.S. 96, 83
3 S. Ct. 1175, 10 L. Ed. 2d 224, 2 A.L.R.3d 1254 (1963).
4
2. Time limitsnot jurisdictional. Except asisotherwise provided in these rules, time is
directoryand not jurisdictional. Time limitationsare administrative, not jurisdictional. Failure to
observe directory time intervals may result in contempt of the appropriate disciplinary
board or hearing panel having jurisdiction, but will not justify abatement of any disciplinary
investigation or proceeding.
3. Other rulesofprocedure. Except asotherwise provided in these rules, the NevadaRulesofCivil
Procedure and the NevadaRulesofAppellate Procedure apply in disciplinary cases.
The undersigned (Coughlin) submitted tothe Supreme Court ofNevada'selectronic filing
system an Opposition toBar Counsel'spetition on or about May 2e. 2012, asan original matter
given the online system would not allow filingsin the case itself(60838). The Clerk'sOffice
refused tofile, markasreceived, or, apparently, in any way make the JusticesofthisCourt away of
the Opposition. Only after the undersigned reputation hasbeen sullied by newsoutletsfar and wide
(an article appeared in papersin at least three different cities, separated by the vast expanse ofour
state) did the Clerk'sOffice allow Coughlin tofile something in an attempt totell hisside ofthe
story here and avoid the prejudice that would be done hischild custody, foreclosure defense,
bankruptcy, and other other clientsshould Coughlin'slaw license be suspended, even temporarily..
SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS....NRCP 5(e), Filing With the
Court Defined: "ilie filing ofpleadingsand other paperswith the court asrequired by these rules
shall be made by filing them with the clerkofthe court...The clerk shall not refuse to accept for
filing any paper presented for that purpose solely because it is not presented in proper form
as required by these rules or any local rules or practices." NRCP 5(e). Coughlin isnot
accused ofstealing $755,000 candy barsfrom aclient yet he wastemporarily suspended and his
suspension hasnow lasted over four months. Only after the undersigned reputation hasbeen sullied
by newsoutletsfar and wide (an article appeared in papersin at least three different cities, separated
12/62 -
MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER A i1 EMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY ANT) OBSTRUCT BEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61426
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by the vast expanse ofour state) did the Clerk'sOffice allow Coughlin tofile something in an
attempt totell hisside ofthe story here and avoid the prejudice that would be done hischild
custody, foreclosure defense, bankruptcy, and other other clientsshould Coughlin'slaw license be
suspended, even temporarily...
It isthe official duty ofthe clerkofacourt torecord (Nash v. Campbell County Fiscal
Court, 2011 WL 1620587 (Ky. 2011). [FN2] ) or file all the papersin acause presented by the
parties, and toindorse the correct date ofthe filing on them. Estate ofJohnson v. Ciarpelli, 71
A.D.3d 1482, 896 N.Y.S.2d 752 (4th Dept 2010); In re Simmonds, 271 S.W.3d 874 (Tex. App.
Waco2008)The duty ispurely ministerial (Benson v. District Clerk, 331 S.W.3d 431 (Tex. Crim.
App. 2011) (writ ofhabeascorpus) and the clerk may not refuse to perform except on the order
of the court. Cave v. Elliott, 190 Md. App. 65, 988 A.2d 1 (2010); In re Smith, 270 S.W.3d 783
(Tex. App. Waco2008).
It isimportant tonote that Coughlin hasalready had avery important attempted filing
rejected by the Clerkofthe Supreme Court ofNevada, and now Bar Counsel PatrickKing, Esq. is,
according toClerkofCourt ofthe State Bar ofNevada, LauraPeters, telling her not tofile somethign
Coughlin hassubmitted for filing.
Further. Coughlin served hisSCR 102(4Xd) Petition in SCR 61426 and hisSCR11I(10)
Motion toDissolve Temporary Suspension upon both Bar Counsel for the North, PatrickKing and
Bar Counsel for all ofNevadaand the main Southern Office ofthe SBN, David Clarkon August
13th. 2012, with both consenting towaive any personal service by anon party rule under SCR 109,
and further, where ClerkofCourt LauraPeterssigned a"Notice ofReceipt" ofthose documentsthat
alsobore aheading that it wasa'ProofofService". See attached in Exhibit 1. So, the SBN wantst
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61426
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1 deem Peters"not aparty" sufficient toserve Coughlin with something requiring personal service, but
doesnot want Peterstobe deemed "aparty" sufficient that her signature attesting toa"Notice of
Receipt" effectuatesany SCR 102(4Xd) requirement that a"Petition shall be served on Bar
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Counsel"? Or, the SBN hasjust failed totimely respond toCoughlin'sAugust 13th, 2012 SCR
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102(4Xd) Petition in 61426 and hisSCR 111(10) Motion toDissolve Temporary Suspension in
60838, both served on the SBN and NNDB Chairman J. ThomasSusich that very day, August 14th,
2012.
Rule 104(3). State bar counsel....
"3. A grievance against bar counsel or bar counsel'sstaffshall be investigated at the direction
ofthe president ofthe state bar and heard by the board ofgovernors. A decision ofthe board of
governorsagainst bar counsel may be appealed tothe supreme court under the NevadaRulesof
Appellate Procedure."
SCR 105(2):. "Commencement offormal proceedings. Formal disciplinary proceedingsare
commenced by bar counsel filing awritten complaint in the name ofthe state bar. The complaint
shall be sufficiently clear and specific to inform the attorney of the charges against him or
her and the underlying conduct supporting the charges. A copy ofthe complaint shall be
served on the attorney and it shall direct that averified response or answer be served on bar
counsel within 20 daysofservice; the original shall be filed with bar counsel'soffice. The time to
respond may be extended once by the chair for not more than 20 daysfor good cause or upon
stipulation ofthe parties. In the event the attorney failstoplead, the chargesshall be deemed
admitted; provided, however, that an attorney whofailstorespond within the time provided may
thereafter obtain permission ofthe appropriate disciplinary hoard chair todoso, iffailure tofile is
attributable tomistake, inadvertence, surprise, or excusable neglect.
The SBN hasadmitted, viaClerkofCourt LauraPeters, that not only hasthe SBN
agreed toand already set for hearing the referral tothe Board called for in the NevadaSupreme
Court'sJune 7
a
, 2012 Order Temporarily Suspending Coughlin'sLicense toPractice Law, but also
that any SBN v. Coughlin Complaint Bar Counsel Pat King wishestothrow together at the last
minute in an attempt toskirt the limitsofthe jurisdiction granted the Board in the Court'sJune 7
th
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2012 Order, given King'sstated intention toattempt tomake a"combo-hearing" out ofthe Hearing
called for in that Order, despite its"sole purpose" language and the same found in SCR 111(8), in
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
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addition tothe fact that given Coughlin'sPetition in 61426, under SCR 102(4Xd), requiresan
immediate hearing, and that Petition wasduly served on August 13', 2012, both on the Board via
Chairman Susich and both officesofthe SBN, viaClarkand King, and Peterspersonal receipt
thereof, which the SBN hasstill failed torespond to(much lesschallenge the reconsideration motion
in 60383, etc. (whoistalking about who'scompetence, again?)...
Further, it isavirtual certainty, given Pat King'sestablished modes., that any such
Complaint he files, upon it being properly served and not insufficient due toillegibility ofthe
photocopiesofany exhibits(take it from me given 60302 and 60317, 1 know...) will be wholly
insufficient in that it will in noway comply with SCR 105(2), and so, asapreemptive measure,
please be advised that any such Complaint ought take particular care tostate whobrought what
grievance, and avoid conclusory assertionsabout something "lacking legal merit" or otherwise
broadly "demonstrating incompetence".
Further, any assertionsby the SRN that sending such aComplaint viacertified mail,
especially where aphone call toSBN ClerkofCourt Peterson September 14
th
, 2012 yield her giving
Coughlin the SBN'sword that given the SBN'sapparent attempt toserve Coughlin viaCertified
mail some Complaint Pat King apparently followed through on in hispromise tothrown together
haphazardly in hopesofdefeating any due processaccorded the hearing on September 25
th
, 2012,
would not require aresponse a! !east until the SBN receivesbackasunclaimed some second
attempted certified mailing under SCR 109.
Proceedingsinstituted along time after the commission ofthe act complained ofare
regarded with disfavor. In re Bridwell, 25 Utah 2d 1, 474 P.2d 116 (1970). Bar Counsel is
purportedly, and ever soconveniently seeking delay Coughlin'sprocedural rightstoahearing on the
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGIELIN'S SCR 102(4Xd) PETITION IN CASE 61426
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temporary suspension ofhislaw license (which hasalready lasted longer than the NNDB's
punishment for an attorney whoadmitted tomisappropriating about 755,000 candy bars, from his
clients, during the course ofhisdutiesasan attorney rather than, allegedly, on aSaturday night at a
Wal-Mart an in noway connected tothe practice oflaw, and under circumstancesthat indicate the
conviction stemmed from aproceedign wholly devoid ofdue process, and where the appeal thereto
wasimproperly dismissed based upon afailure ofthe RMC toorder the transcriptsproduced within
10 days(the District Court cited toacivil statute in blaming Coughlin for failing ofpoint toa
transcript in hisAppeal Briefwhere the RMC'spractice ofdemanding indigent defendantsuse one
and only one court approved transcriptionist and pay her up front isviolative ofNevadalaw.
Since it isessential that the bar and the public perceive the processofthe discipline ofan
attorney asfair, orderly, and rational, and implicit in thisperception isthe timely and efficient
resolution ofcomplaints. In re Grossman, 448 Mass. 151, 859 N.E.2d 423 (2007). A delay in
bringing disciplinary proceedings against an attorney it is to be placed into context as a
mitigating factor to be balanced against a number of aggravating factors. In re Disciplinary
Proceeding Against Boelter, 139 Wash. 2D 81, 985 P.2d 328 (1999).
The purpose ofthe attorney disciplinary processisnot topunish the offender[FN4) but to
protect the public. Attorney Grievance Comin ofMaryland v. Goff, 399 Md. 1, 922 A.2d 554 (2007),
reinstatement granted, 2007 WL 2128391 (Md. 2007). The principal reason for attorney discipline is
topreserve the confidence ofthe public in the integrity and trustworthinessoflawyersin general. In
re Scanio, 919 A.2d 1137 (D.C. 2007) Attorney discipline isdesigned toprotect the public, the legal
profession, and the legal system and todeter other attorneysfrom engaging in unprofessional
conduct. In re Non-Member ofState Bar ofArizona, Van Dox, 214 Ariz. 300, 152 P.3d 1183
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POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE TM, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR IO2(4)(4) PETITION IN CASE 61426
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(2007). Thus, the judgment ofadisciplinary proceeding must be fair tothe attorney. The
FloridaBar v. Cox, 718 So. 2d 788 (Fla. 1998).
The purpose ofthe temporary suspension ofalawyer ismore than disciplinary; it isalso
intended toprompt aresponse tothe boardsinquiressothe disciplinary action may proceed in a
timely and informed fashion. IowaSupreme Court Attorney Disciplinary 13d. v. Fields, 790 N.W.2d
791 (Iowa2010).
Upon information and belief, in early May 2011, prior toany SCR 111 Petition or SCR 105
Complaint being filed, Bar Counsel violated SCR Rule 121(5) Confidentiality: "5. Temporary
suspension under Rule 102(4). In the event that the state bar filesapetition with the supreme court
for the temporary suspension ofan attorney before aformal complaint isfiled in the underlying
disciplinary proceeding, then the matter shall be treated asconfidential. Ifthe court grantsthe
petition, then the matter shall become public upon entry ofthe order granting the petition. Ifthe court
deniesthe petition, then the matter shall remain confidential until aformal complaint isfiled or the
matter isotherwise concluded." In early May 2012 Coughlin received adisturbing phone call from a
client wherein the exact same information regarding some purported "taking away your right to
practice in (REDACTED) Court" wasmentioned by the client, despite not such deprivation of
Coughlin'sright topractice in said (REDACTED) Court ever being mentioned by anyone other than
Bar Counsel Pat King (whom referenced such anon-existent Order toCoughlin and ChiefBar
Counsel David Clarkduring an informal three hour meeting Coughlin had with those Bar Counsel in
Renoon August 13th, 2012, while serving the SCR 102(4Xd) and SCR 111(10) filingsby Coughlin).
King issimply wrong, recklessly and negligently so, and in violation ofSCR 111. King needsto
stop behaving like afall semester freshman high school girl with noselfesteem taken by every
letterman walking past her wearing afootball jersey toschool on aFriday game day, eager tobe
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POSS1I3LY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLTN'S SCR 102(4Xd) PETITION IN CASE 61426
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accepted by the "in crowd" with the "juice" in Nevadalegal circles(and overly willing tobe used for
even the most loathsome ofchores, like, say aSCR 117 Petition for aJudge whom had Coughlin
arrested for "criminal summary contempt), and, rather, faithfully uphold the dutiesofhisOffice, as
the integrity ofthe legal profession in thisState requiresit. Nosuch "Order" wasever entered by the
(REDACTED) Court, and it isobviousthat King had improper communicationswith Coughlin'sthen
client.
Such an anticipated SBN v Coughlin SCR 105 Complaint, according toKing, will be based
largely upon Coughlin allegedly wearing "pajamabottoms" tothe RenoMunicipal Court filing
counter one day while inquiring about aparking ticket or some other non-sensensical high school
jibbefish, will contain more ofthe same recklessand lacking in foundation mentionsof"breaking
into" the former law office and "broken locks" despite the fact that nofactual support existsfor such
an allegation, there were no"broken locks" ever mentioned by anyone (and ifhill iswilling tomake
up finding a"bag ofweed and crackpipe" along with describing what Hill'sown videosshow tobe
vitaminsasa"large quantity ofpills", then you know Richard G. Hill, Esq. would have been all over
any "broken locks" at the former home law office, yet, there simply were none, not that that would
stop Pat King or J. ThomasSusich from cobbling together such an allegation in the SCR 117 Petition
in 60975) along with something about Coughlin being subject toacustodial arrest for "jaywalking"
by the RenoPolice Department while Coughlin wasfilming Richard G. Hill, Esq.'scontractor'screw
loading up adump truckwith itemsofpersonal property then located in Coughlin'sformer home law
office (the arrest occurred shortly after Coughlin discovered that Hill'scontractor, Phil Stewart, had
used Coughlin'sown distinctive plywood to"secure" or "board up the property" in December 2011,
for which the landlord wasultimately awarded costs, $1,060 ofwhich were based upon Stewart's
invoice for "securing the property", which included the cost ofplywood, and "fixing aleakin the
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POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61426
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basement" despite NRS 118A.460 only allowing costsfor "moving, storing, and inventorying" a
tenant'spersonal property), which Coughlin wasunable toremove during the scant 13 hourshe was
afforded todosoby the RenoJustice Court'sOrder following aHearing on Coughlin'sNovember
16th, 2011 Motion toContest Personal Property Lien (the Hearing wasnot set or conducted with the
"10 days" required by NRS 40.253(7)-(8) because Richard G. Hill, Esq. needed togoon asix-week
vacation shortly after Coughlin'sNovember 16th, 2011 filing (in amatter now on appeal in SCR
60331 and 6 l 838, wherein, somehow, acommercial tenant, Coughlin (whom wasboth running alaw
practice and Coughlin Memory Foam, afoam mattressbusinessfrom hishome, which was
previously utilized for commercial purposesby adrug and alcohol rehabilitation counseling business
and iszone for mixed use purposes) wassummarily evicted based upon aNoCause Eviction Notice
only (ie, the non-payment ofrent wasneither noticed, pled, nor argued by the landlord) despite the
clear dictate against the use ofsummary eviction proceedingsagainst commercial tenantsnot based
upon the non-payment ofrent (Bench Bookstuff) set forth in NRS 40.253. The December 21st,
2011 Order "Resolving" Coughlin'sMotion toContest Personal Property Lien actually required
Coughlin topay the exact same amount ofrent for 17 days(November 1 toNovember 17th, 2011),
$480 (ie., pro-rated from the $900 per month rental agreement) asCoughlin would have under a"fair
rental value", for the "full use and occupancy ofthe premises" despite the fact that Hill somehow
signed aCriminal Complaint for TrespassAgainst Coughlin, on November 13th, 2011 despite any
Summary Eviction Order not being served in accordance with NRS 40.400 (and therefore NRCP 5
and 6(e) visavisthe "within 24 hours" of"receipt" ofthe lockout order, and, therefore, any such
lockout that had occured being rendered anullity or pursuant toavoid Order) and where the Washoe
County SheriffsOffice Civil ProcessService Supervisor Liz Stuchell hasadmitted in writing that the
Affidavit ofService filed November 7th, 2011 by Deputy Machen, attesting tohaving "personally
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
I-USSWLY, NNDE TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
N CASE 60838 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61426
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served" the Summary Eviction Order on November 1st, 2011, was, in fact, purportedly merely posted
tothe door ofCoughlin'sformer law office while Coughlin wasnot home, at which point aSoldal v.
CookCounty violating illegal lockout occurred. In aFebruary 7th, 2012 written correspondence to
Coughlin, Stuchell wrote: "Mr. Coughlin, Our recordsindicate that the eviction conducted on that
day waspersonally served by Deputy Machen by posting acopy ofthe Order tothe residence. The
residence wasunoccupied at the time. Liz Stuchell, Supervisor WCSO Civil Section". The text of
NRS 40.253 speakstoservice ofLockout Orders: "The court may thereupon issue an order directing
the sheriffor constable ofthe county toremove the tenant within 24 hoursafter receipt ofthe
order..." isinapplicable tothissituation, where an Order Granting Summary Eviction wassigned by
October 27th, 2011 (though not mailed toCoughlin until after the November 1, 2011 lockout had
allegedly already occured). That language isonly found in situationsinapplicable tothe one incident
that in the summary eviction from Coughlin'sformer home law office. NRS 40.253(3)(bX2), and
NRS 40.253(5)(a) are the only sectionsofNRS 40 where this"within 24 hours" language occurs, and
those situationsonly apply where, in: 40.253(3XbX2): " 3. A notice served pursuant tosubsection 1
or 2 must: ...(b) Advise the tenant .... (2) That ifthe court determinesthat the tenant isguilty ofan
unlawful detainer, the court may issue asummary order for removal ofthe tenant or an order
providing for the nonadmittance ofthe tenant, directing the sheriffor constable ofthe county to
remove the tenant within 24 hoursafter receipt ofthe order" and, 40.253(5Xa): "5. Upon
noncompliance with the notice: (a) The landlord or the landlord'sagent may apply by affidavit of
complaint for eviction tothe justice court ofthe township in which the dwelling, apartment, mobile
home or commercial premisesare located or tothe district court ofthe county in which the dwelling,
apartment, mobile home or commercial premisesare located, whichever hasjurisdiction over the
matter. The court may thereupon issue an order directing the sheriffor constable ofthe county to
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61426
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remove the tenant within 24 hoursafter receipt ofthe order." The way these summary eviction
proceedingsare being carried out in RenoJustice Court presently shocksthe conscience and violates
Nevadalaw. There isnot basisfor effectuating alockout the way WCSO'sDeputy Mach= did in
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are found in NRS 40.253 in twosectionscontaining the "within 24 hoursofreceipt" language are
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inapplicable, asthose situationsdonot invoke the present circumstances, where the Tenant did file
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an Affidavit and did contest thismatter toadegree not often seen. Torequire Nevada'stenantstoget
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up and get out "within 24 hours" of"receipt ofthe order" (what doesthat even mean? The use of
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termslike "rendition", "rendered", "notice ofentry", "pronounced", isabsent here, and this"receipt
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ofthe order" language issomething rarely found elsewhere in Nevadalaw-see attached DMV
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statutory citations, and in employment law litigationswhere one must file aComplaint within 90
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daysof"receipt
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' ofaRight ToSue Letter. asituation which followsNRCP 5(b), and NRCP 6(e) in
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imputing receipt ofsuch aletter, when actual receipt isnot shown, by applying a"constructive
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notice" standard that reliesupon the daysfor mailing extension oftime for itemsserved in the
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mailing, etc.). In Abraham v. WoodsHole Oceanographic Institute, 553 F.3d 114 (1st Cir. 2009), the
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record did not reflect when the plaintiffreceived hisright-to-sue letter. The letter wasissued on
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November 24, 2006. The court calculated that the 90-day period commenced on November 30, 2006,
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based on three daysfor mailing after excluding Saturdaysand Sundays. In order tobring aclaim
under either Title VII or the ADA, aplaintiffmust exhaust administrative remediesand sue within 90
daysofreceipt ofaright tosue letter. See 42 U.S.C. 2000e-5(f)(1). See Baldwin County Welcome
Center v. Brown, 466 U.S. 147, 148 n.1, 104 S.Ct. 1723, 80 L.Ed.2d 196 (1984) (granting plaintiffan
additional three daysfor mailing pursuant toRule 6)...." Further, asseen in the Anvui case, there is
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POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61426
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some argument respecting not effecting alockout for at least 5 dayswhere alease hasnot expired by
itsterms, asCoughlin'sarguably had not.
However, in hisJanuary 20th, 2012 Second Motion for Order toShow Cause, Richard G.
Hill, Esq. did not get all bogged down in legal research and stuff, instead he just pointed out:
"FACTS SHOWING CONTEMPT OF COURT 6. EXHIBIT I (the Summary Eviction Lockout
Order) wasserved on Coughlin on November 1, 2011 by the 'Washoe County Sheriffs Department

same

the

d Iroft e ro in t nner o a - II, _I I


customary for evictions in Washoe County. The lockstothe premiseswere changed at that time,
thereby ejecting and dispossessing Coughlin ofpossession ofthe Property." Hill went on tolie again
in that January 20th, 2012 Motion when he equated hisoffer tolet Coughlin get some ofthe
personalty Coughlin wasunable toremove, due largely toHill failing toremove the chain link
padlockfrom the backyard gate that Hill had only just installed in time for the 13 hoursCoughlin had
toremove hisproperty in exchange for Coughlin waiving hisrightstothe $700 damage deposit
Coughlin provided upon moving in, where Hill spinsit: "12. On Friday, December 23, 2011,
Coughlin had acrew ofhelpers, and made progress. Nonetheless, Coughlin failed toremove all of
hisbelongingsfrom the Property. Coughlin failed toremove histhingsdespite having been given
additional time todosoafter the time set by the RenoJustice Court in itsorder ofDecember 21,
2011 (EXIIIBIT 2) had expired." Apparently, toHill, at least one has" failed toremove all ofhis
belongingsfrom the Property. Coughlin failed toremove histhingsdespite having been given
additional time todoso" where Hill threatenstohave one arrested for criminal trespassor larceny (of
their own stuff, arguably) ifone ison the property one minute past 5 p.m., unlessone waivesany
right totheir damage deposit (which neither Hill nor the Landlord eve did return, nor did they
comply with the requirement that they provide an itemized statement indicating an application
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61425
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thereofjustifying such afailure toreturn such deposit within 30 days....and Hill doesnot want toget
intowhether hisconduct isviolative ofthe FDCPA or whether he islicensed aasdebt collector). In
that Motion, Hill continued on: "13. On December 30, 2011, Coughlin moved thisCourt for a
temporary restraining order toprevent Merlissfrom disposing ofthe itemshe (Coughlin) had
abandoned on the Property. Coughlin'smotion wasfully briefed, and the Court entered itsorder
denying the motion on January 11, 2012. A true and correct copy ofthisCourt'sJanuary 11,2012
order isattached heretoasEXHIBIT 3. 14. On Thursday, January 12, 2012, in accordance with
EXHIBIT 2 and EXHIBIT 3, alicensed contractor hired by Merlissbegan cleaning up the Property
and disposing ofthe abandoned itemsstill remaining there. 15. Early that afternoon, while the
contractor washauling the first ofseveral loadsofabandoned property tothe transfer station (dump)
for disposal, Coughlin stopped the contractor in traffic and attempted toprevent him from carrying
out histask. 16. Specifically, Coughlin stood in front ofthe contractor'svehicle in an effort to
prevent him from proceeding tothe transfer station. Coughlin threatened tosue the contractor.
Coughlin climbed up on the contractor'svehicle. Coughlin then called the police and falsely told
them that the contractor had stolen hispossessions, and that the contractor had tried torun him over.
Coughlin'sactswere specifically calculated toprevent the contractor from disposing ofthe
abandoned property, and tofrustrate and interfere with Merliss' compliance with thisCourt'sJanuary
11, 2012 order. 17. When Mr. Hill ofthe undersigned'soffice wasnotified ofthe foregoing, he went
tothe transfer station and presented EXHIBIT 2 and EXHIBIT 3 tothe police. The contractor was
then allowed toproceed. 18. However, before the contractor could return tothe River RockProperty,
Coughlin wasthere. He had hisvideocameraand waswalking up and down the street screaming and
yelling at the police, the contractor, and Mr. Hill, once Mr. Hill arrived. At the instruction ofthe
police, Mr. Hill then obtained atemporary protective order ("TPO") againt Coughlin from the Reno
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
IOSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
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Justice Court. Coughlin ended up being arrested and taken tojail that day asaresult ofhisanticsat
the transfer station and the Property."
The thing is, and Coughlin would sure like toget the 911 tapes(or, more likely, with Hill, any
recordingsthat may exist ofHill calling somebody in particular he may have had in mind with the
RPD) ofcallsby Coughlin (and ifWal-Mart can call 911 over acandy bar, or askater board over an
iPhone he seemstohave set down on the concrete ground in downtown Reno, then skaterboarded off
some 100 yardsaway for sufficiently long period oftime toseem tohave been pretty much the only
person not tohave heard somebody whopicked it up threaten tothrow it isin the river ifit went
unclaimed can call 911 (and make up abunch oflieson the spot for the purpose ofmanipulating the
police intoassuagesthe skateboardersown negligence visavisthe iPhone) isit unreasonable for
Coughlin tocall 911 upon happening, totally by chance, tocrosspathswith Hiltscontractor while
driving, catching site ofahuge dump truckfull ofCoughlin'spersonal property headed towardsthe
town dump? Hill admitsthe Order denying Coughlin'sMotion for aTPO (and hey, family heirlooms
are pretty fungible, right? WhoneedsaTPO for that? And itsnot like the landlord could just accept
rent in the meantime, or that the property still remainsunrented tothisday, some 11 monthsafter the
lockout, and apparently, some $60,000 worth ofattorney'sfeespaid toHill for atwobedroom home
that appraisesat around $90,000 currently, ifthat. And Hill'sfantastic legal work("wrong site
surgery" and all) wassurely worth the riskofawrongful eviction lawsuit (and checkout those
potential damagesunder Winchell v. Schiff, 124 Nev. 938, 193 P.3d 946 (2008), not that the lossofa
patent attorney'scareer could amount toall that much). Regardless, itsnot all that colorable for Hill
toallege Coughlin wasviolating some Order entered on January 11th, 2012 by Coughlin'sconduct of
January 12th, 2012 when NRCP 6(e) providesthat 3 daysfor mailing istobe accorded toaccount for
the service offilings, even filingselectronically served on registered efilerslike Coughlin. Its

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POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
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similar toHill wanting acriminal trespassarrest where NRCP 6(e)'sthree daysfor mailing where no
personal service wasaccomplished (by way ofNRS 40.400) and Hill'set al did not even comply with
the constructive service requirementsofmailing the summary eviction lockout order prior toHill's
breaking intoCoughlin'sformer home law office on November 1st, 2011, with the help ofthe
WCSO, in violation ofSoldal v. CookCounty where Coughlin wasnot accorded the "24 hours"
cushion after Coughlin's"receipt" ofthe lockout order mentioned in thisCourt'sown packetson the
service ofLockout Orders, which Hill himselfattached asasubsequent exhibit recently...It gets
funnier. The civil division ofthe Justice Court and the SheriffsOffice thinkthat whole "within 24
hours" language in NRS 40.253 means"within 24 hours" ofthe Sheriffs"receipt" ofthe Order from
the Justice Court... While other'sthinkit is"within 24 hours" ofthe tenant'sreceipt ofthe Order from
the Sheriff...and thisCourt'sofficial formsand instructionsseem toimply that "at least 24 hours"
from "receipt" ofthe lockout Order must be accorded toatenant. Whoknows? But, it isnot clear,
asHill suggests, that the "usual custom and practice ofthe Washoe County Sheriff'sOffice" isblack
letter law upon which Bar grievances, custodial criminal trespassarrests, multiple Motion for Order
ToShow Cause, tensofthousandsofdollarsin attorney'sfeessanctionsagainst aprose appellant,
etc. are warranted. Somehow the District Court found away tosanction Coughlin with $40,050
worth ofattorney'sfee in that appeal ofthe summary eviction without holding asingle hearing, well,
other than the Hearing on HillsOrder toShow Cause, which wasdenied when Coughlin destroyed
Hill'scontractor Phil Stewart on cross-examination. (Really, Phil? Really? You could fell "a
depression" in your 2 ton loaded tocapacity dump truckupon Coughlin allegedly "climbing up on
it", though you indicated you had already "alighted from the vehicle", but, wait, you could see
Coughlin'shead above the tailgate wallsin your rear view mirror (which doesn't seem tobe there on
any the many videosofthe eventsofthat day. And even ifsuch amirror where present on Stewart's
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60835 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
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truck, that doesn't really explain how all the personalty stacked up sohigh in the truckbed (replete
with specialized add-on high stackretaining walls) wouldn't obscure any purported view of
Coughlin'shead high above the areaabove the specialize hydraulic dump truck'stailgate, confirming
Stewart'smere suspicion that Coughlin climbed on histruck. Coughlin swearsunder oath he did not
climb on Stewart'struck. Hill needed alittle "fact" tospice up hisMotion toShow Cause just
enough, and "Coughlin climbed up on the truck" was"just the ticket", and Stewart did not mind
going along for the ride, solong as... And none ofthe many videosfrom that day actually show any
ofthe Yosemite Sam cartoon villian type behavior Hill attributestoCoughlin in hiswonderfully
imaginative Motion for Order toShow Cause and or Application for Order ofProtection concerning
the eventsinvolved in the jaywalking custodial arrest Hill had Coughlin subjected toon January
12th, 2012.
Much like Hill'scontractor, Phil Stewart, flat out lying in an affidavit when he swore
Coughlin "climbed up on" histruck, Hill similarly lied in an affidavit about Coughlin, apparently
while "engaged" making "physical contact" with Hill. On Page 2 ofHill'sAffidavit attach tohis
Motion for Order toShow Cause, January 20th, 2012, Hillsattests: "5. On Friday, December 23,
2011, we unlocked the house at 9:00 a.m. asordered. We overlooked the chain on the backgate.
There wasnobody at the house when we were there. At approximately noon, my staffinformed me
that an enraged Mr. Coughlin had called the office screaming that he could not get in the backyard.
When 1 finished the meeting I wasin, 1 immediately went over and unlocked the backgate. Coughlin
had asmall crew. He charged at incand made physical contact. He wasenraged. We left. When we
returned at 5:00 p.m., Mr. Coughlin wasscreaming and yelling obscenities. He drove offin asmall U
-Haul. Hiscrew remained. We walked the property with them. The inside .ground floor wasmostly
cleared ofall but abig TV. The basement had been cleared somewhat, but there wasstill alot of
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POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
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'junk. " We could not accessthe attic. We went outside. I told Coughlin'screw they could remove
anything and everything outside, ifthey would only try torehang the gate that Mr. Coughlin had
taken offthe hingesbefore we could get over tounlockit. I told them I would lockthe gatesin the
morning.
That isreally interesting. Compare the above tothe following excerpt from page 3 ofHills
January 3rd, 2012 Opposition in CV11-03628, the appeal ofthe summary eviction Order: "12. While
at the property toremove the padlock, Coughlin, on more than one occasion, screamed profanitiesat
Merliss' counsel, and, at one point, charged Mr. Hill and attempted to physically intimidate him.
At least the audioofthisincident wascaptured on tape. 13. Nevertheless, at 5:00 p.m. on Friday,
December 23,2011, counsel granted Coughlin and his agents additional, unfettered, and
unlimited access to the outside of the property to remove any remaining items." Whereasin his
January 20th, 2012 Sworn Declaration Hill goessofar astoindicate Coughlin "made physical
contact" (which isadamn lie anyways), in Hill'sthen associate Casey Baker, Esq.'sNRCP 11 signed
January 3rd, 2012 Opposition, Hill'sassociate Baker will only gosofar astosay that Coughlin, "at
one point, charged Mr. Hill and attempted tophysically intimidate him." Baker wasstanding directly
next toHill during the interacation wherin Hill swore, under penalty ofperjury, that Couglhin "made
physical contact" with Hill). Soundslike Casey Baker, Esq. was not quite wilting to"spice up" the
story line asHill himselfwas. Casey probably did not have enough reason tosign on tothe lies
about Coughlin "climbing on" the contractor'struck. In Hill'sApplication for aProtection Order
against Coughlin Hill slipsup and claimsthat Coughlin was"climbing on the contractor'struck,
picking through the contents" backat Couglin'sformer home taw after the interaction at the "transfer
station" (town dump), whereasHill'scontractor indicated in hisAffidavit that the alleged "climbing"
on histruckoccurred at the "transfer station". However, both Hill and hiscontractor, Phil Stewart
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS TUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
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indicate that the RenoPolice Department "requested" that Hill filed aProtection Order Application
against Coughlin. Ifthat istrue, itsimproper. The RPD can provide individualsinformation about
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seeking one, but when the RPD goesastep further and startsurging individualstofile protection
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order applications, or, ashasrecently been the case with RPD Officer Alan Weaver and Sargent
Oliver Miller, whom, upon information and belief, urged Northwind'sapartment maintenance man
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Milan Krebstosign afraudulent criminal complaint against Coughlin for "disturbing the peace" on
July 3rd, 2011, and again urged Superior Mini Storage'sMatt Grant tosign asimilar baseless
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"disturbing the peace" criminal Complaint against Coughlin on approximately September 21st, 2012
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then there ismore than alittle indication that the RPD isout ofcontrol and attempting toincite
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membersofthe public tosign fraudulent criminal complaintsbased upon aretaliatory animusby the
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RPD towardsCoughlin. Officer Weaver and Sargent Dye showed up toan unnoticed July 5th, 2012
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bail hearing for Coughlin, presided over by Judge LindaGardner'sbrother RMC Judge William
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Gardner (whom received Coughlin'stimely Notice ofAppeal ofthe criminal trespassconviction,
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dismissed Coughlin'sappeal in that matter, wherein Sargent Dye and Officer Weaver testified under
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oath, with City Attorney Jill Drake singing backup, the the effectd that, despite bail only being valid
based upon one reason in Nevada(tosecure the defendant'sattendance at trial) the "public health and
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safety" dictated increasing the cash required tobail out Couglin TENFOLD, from abondable $1,415
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toaCASH ONLY $3,000, Consequently, upon Judge Gardner soimpemtissibly raising Coughlin's
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bail, alleging a"public health and safety" rationale for sodoing, Couglin wasforced tospend 18 days
in jail, wherein the opportunity totimely contest the 540,050 attorney feesaward toRichard Hill
incident tothe summary eviction appeal ran, all while Coughlin wasdenied any opportunity toaccess
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justice or file documentsfrom jail., and where Coughlin sustained signficant damages, financial and
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61426
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otherwise, and where the jail refused totransport Coughlin toahearing on alandlord tenant matter
wherein he wasanamed party. The extent towhich local law enforcement iswilling toplay "kick
the can" with an attorney, particularly where Bar Counsel Pat King issowilling tojoin the chorus, is
troubling, and indicatesthe judiciary need issue aclarion call out toannounce the extent towhich
such misconduct can not, and will not, be tolerated. Such aretaliatory animustowardsCoughlin by
the RPD islikely due tohisSeptember 7th, 2011 Complaint with respect toawrongful, retaliatory,
and fraudulent arrest by RPD Officer NicholasDuralde, which wasaccompanied by extortionate
threatsby RPD Officer Ron Rosathat ifCoughlin didn't cooperate they would "call the NevadaBar
and let them know how you cooperated with our investigation. How's that runnin' for ya?" While
Duralde testified that he did not hear or recall Rosa'scoercive threatstoCoughlin just prior tothe
arrest, the fact that Duralde echoed those threatsby saying "Now, I can arrest you for larceny. Now,
I can doasearch incident toarrest. How's that?" tendstoundermine Duralde'scontention that "he
doesn't recall" hearing anything like what Officer Rosawascapture on tape saying toCoughlin just
prior tothe arrest. Upon making aFourth Amendment violating arrest completely lacking in
probable cause, and smugly "joking" toCoughlin about the "benefits" associated with charging
Coughlin with a"felony", (at the time ofthe August 20th, 2011 arrest, the felony larceny amount
limit was$250 and above) compared toamisdemeanor (under some halfbaked "grand larceny" ofan
allegedly lost or mislaid or abandoned three year old iPhone 36 that the alleged victim testified was
only then worth "about $80-100" on eBay or Craigslist), ie, search incident tocustodial arrest
possible where probable cause lacking toarrest, or even reasonable suspicion missing todoapat
down, where alleged crime occured outside officer'spresence, after 7 p.m., and nocitizensarrest
immediately effectuated, particularly where Coughlin himselfmade a911 call prior toOfficer's
arriving and where videofrom minutesprior toofficer arriving reveal Coughlin suggesting the 8-12
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL, AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
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hostile late teenstoearly twentiesskater boardersrelax, stay peaceful, refrain from assaulting and
battering Couglin, and wait for the police arrive soalawful, peaceful resolution could be attained
(with Coughlin even cautioning the youthsabout athen recent tragic death occurring not far from
that location).
Further Hill just flat out liesin hisJanuary 3rd, 2012 Opposition toAmended Motion for
Emergency Restraining Order. Well, he did (di the truth when he wrote, on page 3: "11. On Friday,
December 23,2011, counsel for Merlissneglected toremove the padlocktothe backgate ofthe
property." That istrue, he did dothat, and it did prevent Coughlin from removing all hisproperty
during the scant 13 hoursCoughlin had tomove it. But, when Hill swears, on page 3, that:
"Coughlin'saccesstothe house itselfwasnever hindered.:" he isjust "sippin' drank" or something,
as, obviously failing toremove alockon agate gonnatend tohave that effect, now...and when Hill
swears: " 13. Nevertheless, at 5:00 p.m. on Friday, December 23,2011, counsel granted Coughlin and
hisagentsadditional, unfettered, and unlimited accesstothe outside ofthe property toremove any
remaining items. The only condition placed on that accesswasthat Coughlin'shelpersagreed to
replace the gate on itshingesasbest they could. Coughlin and hisagentsfailed toremove the
remainder ofCoughin'sproperty from the yard that night, and failed toput the gate backon the
hinges." Coughlin wasnever made aware ofany such "offer" by Hill, and, even ifhe had been, hey,
it'sthe "outside ofthe property", Rich, people generally put their valuablesinside, you know?
Then the Hill prevarication and obfuscation expresskicksintooverdrive, when, in his
January 3rd, 2012 Opposition he continueson: "C. Coughlin isNot Entitled toA Stay Coughlin
claimstohave deposited $250 with the justice'scourt pursuant toNRS 40.385, although he hasnot
provided any proofin support ofhisclaim. Attached heretoasEXHIBIT 10 isatrue and correct
copy ofthe justice'scourt'sdocket asofDecember 192011. That docket showsthat Coughlin paid a
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
114 CASE 60838 AND COT TGHLINS SCR 102(4k1) PETITION IN CASE 61426
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00654
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Fran: zacheoughlin W-03-12 9126an p. 32 of 63 To 4ab6(124c-9b37-4174-0370-77c19011
filing fee for hisappeal on December 12, 2011, m the amount of$216.00." Well, actually, Judge
Sferrazzawaived the Justice Court's$24.00 filing fee, and the $216.00 representsthe District Court's
filing fee, and itsnot really clear whether that date iswhen the checkwascashed by the District
Court, or whether the Justice Court held on tothe checkfor quit4e awhile before shipping it along
with the ROA tothe District Court, etc., etc. Hill continues: "It isentirely unclear from the following
entriesofthat docket whether or when Coughlin ever paid an additional $250.00 under NRS 40.385."
That might, technically be true, Rich, tothe extent that you wrote it on January 3rd, 2012, and arc
sneakily indicating that you are looking at an old docket from the Justice Court from December 19th,
2012, even though Coughlin made abig deal toyou and the Justice Court, in writing, that he was
depositing the $250.00 supersedeasbond mentioned in NRS 40.385, on December 22nd, 2011, afact
which Hill himselfmentionsin hisown filings...So, kind ofalackofcandor tothe tribunal there to
make all thisargument based upon some old docket and the extent towhich it failstoreveal or
"make clear" matterstowhich Hill had ready written notice ofviahisown e-Flex account and
service offilingsupon him connected thereto, in addition toCoughlin'sfaxes, emails, and there
might have even been aservice ofaNotice ofPosting SupersedeasBond (need tocheckon that
more), etc. in connection with the depositing on December 22nd 2012, the $250 required for astay
during appeal ofasummary eviction in NRS 40.385. And, actually, Hill slipped up abit there, in
light ofthe following: And, actually, Hill, in hisJanuary 20th, 2012 filing, admitted that Coughlin
sent him that December 22nd, 2011 email notifying him ofthe posting ofthe $250 supersedeasbond
seeking astay, when he admits, on page 3: "11. Pursuant toEXHIBIT 2, Coughlin wasprovided
accesstothe Property on Thursday, December 22, 2011. That day. Coughlin sent an email to the
undersigned and Judge Sferrazza in which he essentially announced_that he was entitled to a
stay, and to return to and continue in possession of the Property. Ju Sferrazza quickly
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
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responded by email, and reminded Mr. Coughlin that the stay had beenilenied." Found in
Exhibit 1 isthe December 22nd email toHill'sOffice that alertsthem tothe posting of$250 ,
specified asa"supersedeasbond", with acitation toNRS 40.385:
Hill'sJanuary 3rd, 2012 Opposition continues, on page 8: "Even ifCoughlin eventually paid
some amount toward an appeal bond, it wasnot in time tostay the eviction during thisappeal. Todo
that, a proper motion must be made and granted, and the bond posted, prior tothe lockout. The
lockout here occurred on November 1, 2011. By the time Coughlin managed tofind that statute and
pay any money tothe court, he had been locked out ofthe property for six weeks. Assuch, any
request for astay was, and is, moot. At thispoint, Coughlin doesnot have any rightsin either the real
or personal". Oddly, Anvui saw astay granted after alockout wasconducted, and Hill (RPC 3.1
"meritoriouscontention" issues) citestonolegal authority for hiscontention that "tostay the eviction
during thisappeal...aproper motion must be made and granted, and the bond posed, prior tothe
lockout." Citation? None.
Despite Hill'sstrange approach of not actually indicating that hisoffice did not get an
December 22nd, 2011 email notifying them ofthe posting of$250 for asupersedeasbond seeking a
stay under NRS 118A.385 (but rather, Hill focuseson what one cannot glean from looking at adated
docket...), Hill'sOffice wasmade aware ofsuch matters, in writing, in the following December 22nd
email toHill'sOfflee: "...Further, thisisall moot at thispoint as I have filed aSupersedeas Bond of
$250, and according to NRS 40.385, I automatically get a stay of eviction and am entitled to
return to the pro.perty and continue in possession. The statute sets the Supersedeas Bond
(which yields a stay) at $250 i1 rent is under $1000. unless the Court wishes to rule that I am
commercial tenant. However. if the court does rule that I am a commercial tenant, the No
Cause Eviction Notice in this case. under NRS 40.253 makes a Summary Eviction Proceeding
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 6083S AND COUGHLIN'S SCR. 102(4Xd) PETITION IN CASE 61426
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To: 4A6d24c-91337-4774-8370-77c1908 From zachcoughlin 10-03-12 9:26am p. 34 of 63
impermissible, as Summary Eviction Proceedings are not allowed against commercial tenants
where only a No Cause Eviction Notice is filed Its one or the other. but Mr. 11111 and Baker
cannot have It both ways. Further, the Courts Order of December 21. 2011 is just that, and
Order, its not an agreement, its not a settlement, etc, etc. and the audio record clearly reflects
that. NRS 40.385 Stay of execution upon anneal: duty of tenant who retains possession of
premises to nay rent during stay. Upon an appeal from an order entered pursuant to NRS
40.253: I. Except as otherwise provided in this subsection, a stay of execution may be obtained
by filing with the trial court a bond in the amount of $250 to cover the expected costs on
appeal. In an action concerning a lease of commercial property or any other property for which
the monthly rent exceeds$1,000, the court may, upon itsown motion or that ofaparty, and upon a
showing ofgood cause, order an additional bond tobe posted tocover the expected costson appeal.
A surety upon the bond submitstothe jurisdiction ofthe appellate court and irrevocably appointsthe
clerkofthat court asthe surety'sagent upon whom papersaffecting the surety'sliability upon the
bond may be served. Liability ofasurety may be enforced, or the bond may be released, on motion
in the appellate court without independent action. 2. A tenant whoretainspossession ofthe premises
that are the subject ofthe appeal during the pendency ofthe appeal shall pay tothe landlord rent in
the amount provided in the underlying contract between the tenant and the landlord asit becomes
due. Ifthe tenant failstopay such rent, the landlord may initiate new proceedingsfor asummary
eviction by serving the tenant with anew notice pursuant toNRS 40.253. Sincerely, Zach Coughlin,
Esq.".
Oh, and Hill and Stewart admit tothisin avideo. Richard Hill'scontractor, for some strange
reason, removed aladder Coughlin ownsfrom the property, preventing Coughlin'saccesstothe attic
upon hisbeing allowed that scant 13 hourstoremove hisproperty (and the attic had been renovated
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7111, 2012 ORDER
IN CASE 60830 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61426
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toallow for storage ofaconsiderable amount ofproperty. IfCoughlin wasHill he would have called
the RPD toreport the "larceny" ofhisladder by Hill, in aRICO thing with hiscontractor. But Hill
escaped prosecution that time, over they whole ladder deal. It never wasmade clear why the
contractor removed the ladder from the property, other than, perhaps, like the applying ofalockto
the backyard gate, make it even more unlikely that Coughlin would be able toremove all he needed
to, especially given the limited fundsfor moving vehiclesand hired help, in the scant 13 hours
allowed under the December 21st, 2012 Order.
Thingshave just gotten tooridiculouswhere an attorney'slicense getsplaced in jeopardy for
saying "Wow" in court (or King threatenstobuttressan SCR 105 Complaint upon such scandalous
behavior while the RPD can violate the Fourth Amendment while making threatening, coercive
statementsand smugly, menacingly joking toan arrestee (whom dared askifthe officer actually had
reasonable suspicion toconduct such an evasive Terry Stop style weaponscheckpat down on one
whom himselfcalled 911 toreport an attackby skater youths, while holding hisPekingnessand
bicycle, which the skaterswere trying torob the attorney ofwhen they weren't "jokingly" making
sudden attemptstoreach intothe attorney'spockets) about overcharging an arrest toget around the
dictatesagainst conducting acustodial arrest and search incident theretofor some ill supported petty
larceny ofan iPhone, allegedly occuring after 7 pm, outside the officer'spresence, based upon some
"lost, mislaid, or abandoned" property fact pattern worthy ofalaw school final exam where someone
findsan iPhone on the ground in downtown Reno, offersit up tothe denizensofadowntown skate
plazc shortly before midnight on aSaturday, then threatensto"throw it in the river" ifsomeone does
not claim it immediately, which eventually leadstoan attorney being attacked by agroup ofyouthful
skateboardsmaking up every lie they can thinkoftoprevent any inference that said iPhone was
abandoned and or rescued from waste or destruction or that assaulting and battering one whodoes
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MOTION FOR ORDER TO SI1OW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE '7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61426
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From: uchcough114 10-03-12 9:26aap. 36 of63 To 4ab6d24c-9b37-4774-8370-77c1908
not immediately turn over an iPhone toahostile, violent group of8 to12 late teensearly twenties
skaterboardsyelling thingslike "give usthe phone faggot". Further, in Nevada, alarcenousintent
must exist at the lime one takespossession oflost or mislaid property. "A taking with the intention
ofreturning the property, or ataking without the intent topermanently deprive the owner ofhis
property, will not amount tolarceny, even though the perpetrator, after gaining possession ofthe
property, formed that intent. State v. Clifford, 14 Nev. 72, 33 Am. Rep. 526; State v. Ward, 19 Nev.
297, 10 P. 133; Robinson v. Goldfield Merger MinesCo." Harvey v. State, 78 Nev. 417, 422-23, 375
P.2d 225, 227-28 (1962) [78 Nev. 417, Page 4201 , 46 Nev. 291, 213 P. 103. The requirement that the
original taking and the feloniousintent coexist in point oftime wasproperly mentioned in the written
instructionsgiven in the instant case. Moreover, we recognize that the question ofwhether the
property wasoriginally taken with such intent isone offact, the determination ofwhich istobe
made from aconsideration ofall the circumstancespreceding, attending and following the taking of
the property. State v. Cudney, 47 Nev. 224, 218 P. 736.
There hasalready been testimony in such apending criminal matter against an attorney the
the attorney did not attempt tofurtively or immediately flee the scene where he wasallegedly free
handed such an iPhone, and where the WitnessStatementsconveniently left out the whole bit about
the man holding the phone up and threatening to"throw it in the river" (an an admission by several
hostile witnessesthat that did occur wascaught on videotape) and, not only that, but actually lied an
indicated these witnesses"personally eye witnessed" the attorney just walkup and "grab" the iPhone
offthe ground, etc. Oh, also, the whole arrest wascaught on tape too, aswere the momentsprior
thereto, and the alleged victimsare clearly shown lying to911 operatorsabout someone "socking a
minor" toengender amore rapid and urgent police response. Never mind that the alleged "socking"
wasactually flinching went an 18 year old, along 8-12 ofhishostile and aggressive friends
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB ToDELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 1111, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61426
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attempting torob the attorney ofhisbicycle and or dog, made a"joking" and sudden movement
intended tomake the attorney thinkthe 18 year old was"r it in" the attorney'spockets... Add to
that the fact that they Officer announced tothe attorney within secondsofarriving on seen that he
wasgoing toconduct asearch incident toarrest, and only later made up abunch ofpretextual
rationale tosupport conducting aTerry Stop pat down, then asearch incident toarrest, while alleging
the attorney'squestion asto, whether the officer had asufficient basistoconduct such apat down or
search incident toarrest, without anything more tosupport alarceny probable cause analysisthan an
allegation that one possessed an iPhone that waspurportedly left on the ground, whereupon that
person called 911 upon being attacked by agroup of8-12 immediately after failing toinstantly
adhere totheir threatening demandstoconsent toasearch on one'spockets, accompanied by atouch
ofassault and battery toboot, and some hate speech. Such isnot supportable, particularly where
merely pending for denying one due processrequired under the law, and particularly SCR 102(4Xd)
and SCR 111(8) and SCR 111(10).
The fact that the criminal trespasscustodial arrest occurred at atime when Coughlin still had
not received backthe $2,275 "rent escrow" the RenoJustice Court forced Coughlin todeposit with
the RJC in that very summary eviction proceeding/"Trial" (all while Coughlin was, at least according
toHill, supposed tohire moversand rent aU-Haul and otherwise have sufficient fundstoconduct a
large scale move ofahome law office after having just gone from zerotoexpert on landlord tenant
law litigating a"Trial" for alaw office tenant in amattersofdays...). Coughlin made such adeposit
or $2,275 "rent escrow" with the RJC on October 17th, 2011 (after the October 13th, 2011 summary
eviction hearing in Rev2011-001708 wherein the RJC Judge ruled that Coughlin "had established a
material issue offact" astoretaliation and habitability (and perhapsdiscrimination, that isnot clear)
and set a"Trial" (but only ifCoughlin deposited $2,275 in a"rent escrow" account with the RJC by
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 711L 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
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To4ab5d24c-9b37-4774-8371-77c1908 From: zachcoughl in 10-03-12 9:26am p. 38 of53
October 17th, 2011) for October 25th, 2011 (despite a"Trial" under JCRCP 109 requiring 20 daysto
respond toaComplaint, under NRS 40.251, ie, aplenary unlawful detainer action with all the
attendant due processtrimmings). Further, the Summary Eviction Order stemming from the October
25th, 2011 "Trial" (it wasnoticed asa"Trial" in writing by the Court, referred toasaTrial by the
Court) and the accompanying criminal trespassconviction stemming therefrom are likely void doto
the fact that Coughlin filed, on October 18th., 2011 aNotice ofAppeal (on aform that, by the way,
indicated McLaughlin'sexposure for any attorneysfee award would be limited to$15.00, much less
the S40,050 ultimately entered against Coughlin in an attorney'sfee sanction in CV11-03628 by
Judge PatrickFlanagan. That Notice ofAppeal form wasprovided toCoughlin by aClerkofthe
RJC in response toaspecific request by Coughlin for the form toappeal the Order stemming from
hisOctober 13th, 2011 summary eviction proceeding, and the formson the RJC web site at the time,
under aheading of"Notice ofAppeal" linked tothat same form, and did not in any way specify such
fonn toonly apply toappealsofsmall claimsactions). Coughlin'sfiling ofaNotice ofAppeal of
that October 13th, 2011 Order following the summary eviction proceeding, under Mackv. Mack-
Manley, divested any jurisdiction ofthe RJC tohold such a"Trial" on October 25th, 2011, and any
such "Trial" wasvoid for lackofjurisdiction anyway, MRCP 60(bX4) in light ofthe dictatesofNRS
40.253(6) ("shall make nofurther Order" upon the Justice Court finding tenant had established a
genuine issue ofmaterial fact, which Judge Sferrazzaindicated Coughlin had in hisOrder following
the October 13th, 2011 summary eviction proceeding, and again, on the record, during the October
25th, 2011 Trial, Judge Sferrazzaagain stated that he set the matter for "Trial" upon hismaking a
"finding that Coughlin established agenuine issue ofmaterial fact", which, under Anvui, and NRS
40.253(6), prevented Judge Sferrazzafrom making any further order, and the lackofacorollary to
LasVegasJustice Court Rule 44 in the RJC, along with the dictatesagainst unwritten/not approved
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH. 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61426
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by the NevadaSupreme Court and counter toexpressstatutory mandatesin NRS 118A and NRS 40
"house rules" set forth in JCRCP 83 should have prevented forcing Coughlin tomake any "rent
escrow" deposit of$2,275 right in the middle (actually after it should have ended) ofasummary
eviction proceeding.
JCRCP RULE 83. RULES BY JUSTICE COURTS
Each justice or justice court in atownship with more than one justice, by
action ofamajority ofthe justicesthereof, may from time totime make and
amend the rulesgoverning itspracticesnot inconsistent with these rules.
Copiesofrulesand amendmentssomade by any justice court shall upon
their promulgation be furnished to the Supreme Court, but shall not
become effective until after approval by the Supreme Court and
publication. In all cases not provided for by these rules the justice
courts may regulate their practice in any manner not inconsistent with
these rules.
Further, any "Trial" in that summary eviction matter, and therefore any
criminal trespassarrest based upon any failure toproperly adhere tosome
improperly served Lockout Order stemming therefrom, isalsovoid in light
ofthe noncompliance with JCRCP 109: SETTING OF TRIAL IN
ACTIONS
"(a) In nocase shall atrial on the meritsbe set lessthan 20 calendar
daysafter service ofsummonsand complaint."
Tocontinue the temporary suspension ofCoughlin'sconstitutionally protected
(under the Fourteenth Amendment, alaw license isa"property right") law license
based upon conjecture, hearsay, Pat King's"innocent" mistakesabout "facts" and
variousorderssoterribly subject tobeing found void under NRCP 60(b)(4), etc. and a
criminal trespassconviction similarly suspect, particularly where Coughlin'sfilings
Further, Judge Sferrazzaadmitted that the RJC did not have arule for forcing
Coughlin tomake such a"rent escrow" deposit at the time such wasordered on
October 13th, 2011 in the summary eviction proceeding. And even ifthe RJC did
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE TIE, 2012 ORDER
TN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION N CASE 6] 426
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have such arule speaking to"deposits" with the RJC, JCRRT Rule 2 makesclear that
such arule doesnot apply to"landlord tenant matters":
JCRRT Rule 2. Application ofRules. Except asotherwise provided by
statue, these rulesapply toall civil proceedingsfiled in RenoTownship
except small claimsand landlord tenant matters.
Oh, and Hill still managed toget Coughlin subject tothe November 13th, 2011 custodial
arrest (ie custodial have someone with color oflaw make you strip naked and spread your buttocks
search incident toarrest, and even apparently allow acomplete copying and, some times"erasing" of
one'ssmart phone, separate microsd datacard, or laptop pursuant tosuch a"search incident to
arrest"...like what occurred on February 27th, 2012 incident tothe traffic citation trial before RMC
Judge Nash Holmes(whom told Coughlin she would have him arrested ifhe said Richard G. Hill's
name one more time) in 11. TR 26800 21 stemming from the three traffic citationsRPD Sargent John
Tarter called in adifferent RPD Officer toissue Coughlin incident toCoughlin being told toleave
Richard G. Hill, Esq.'slaw office where Coughlin had gone (upon being released from jail on
November 15th, 2011) toretrieve hiskeys, wallet, state issued identification and client'sfilesfrom
Hill, whom refused toprovide such itemstoCoughlin, upon Coughlin being bailed ofjail after
spending three daysthere in connection with the criminal trespassarrest connected tothe criminal
Complaint signed by Richard G. Hill, Esq. At that February 27th, 2012 traffic citation Trial in RMC
11 TR 26800 (and not even some juicy recklessdriving thing, just aplain old "failure tocome toa
complete stop at astop sign/CaliforniaRoll/Boulevard Stop traffic ticket"), Coughlin wassentenced
tofive daysjail, denied astay (despite being apracticing attorney with actual clientsdepending upon
him) by RMC Judge Dorothy Nash Holmessecondsafter Coughlin testified that RPD Sargent Tarter
"lied" during histestimony concerning what Coughlin'spurported tobe aretaliatory issuance of
multiple traffic citationsincident toCoughlin repeating toTarter what may have been asarcastic
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61426
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repose toCoughlin by RPD Officer ChrisCarter during the criminal trespassarrest from Coughlin's
former home law office just daysprior, when Coughlin queried Carter ifhe, too, wason Hill's
payroll. In Judge Nash Holmeswritten February 28th, 2012 Order Finding Defendant in Contempt
ofCourt and Imposing Sanctions(afive day immediate trip tojail, and afailure torelease Coughlin
after the fourth day despite the RMC accepting and failing toreturn $100 Coughlin'smother
deposited with the RMC upon an agreement being made tosorelease Coughlin at the end ofthe
fourth day...which wasnot adhered to), Judge Nash Ilolmessomehow found it fair toimpose the
following upon aprose indigent criminal defendant (much in line with the RMC'sprerecorded
arraignment videoswhich basically attempt toscare any and all out ofeven darign torepresent
themselvesbefore the RMC, especially where Keith Loomis, Esq. and the boysdown there provide
such aready lubricant tothe, uh, justice the RMC dispenses: "'Ihe court had the defendant sworn at
the beginning ofthe trial, stating that the court hasfound that most self-represented defendantstend
totestify agreat deal asthey cross- examine opposing witnesses, sothe defendant would be under
oath from the start, too. exhibitswere marked or admitted." That practice apparently isread to
provide support for some contention that Coughlin violated some RPC while appearing as aprose
criminal defendant in atraffic citation Trial, where Coughlin'ssmart phone and microsd card were
searched incident tohisarrest for "summary contempt committed in the Court'spresence" and
"booked intoevidence" where they stayed for sonic 37 days, and where returned toCoughlin with all
the dataerased, but not before lotsofcontradictory statementswere made by the SheriffsOffice, the
City ofRenoMarshal's, the RMC, the Washoe County District Attorney'sOffice, and the Washoe
County Detention Facility regarding the chain ofcustody ofthat smart phone and datacard, whether
it wasremoved from the evidence room at the jail and transported backtothe RMC on February
28th, 2012, whether amicrosd card waseven included in the property soinventoried then booked
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLINS SCR 102(4Xd) PETITION IN CASE 61426
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intoevidence, and whether that microsd card wasreleased toan associate ofCoughlin or kept with
the smart phone for those 37 days. Curiously, in Judge Nash HolmesMarch 30th, 2012 Order
Releasing Property, that Order indicates: "IT IS ORDERED that the Washoe County SheriffsOffice
shall release tothe Defendant, ZACHARY BARKER COUGHLIN, three itemstaken from him on
February 27, 2012 at Washoe County Regional Detention Facility during hisbooking for
incarceration pursuant tothe imposition ofa5-day jail sentence for Contempt ofCourt in the above-
entitled case, towit: one Samsung Cell Phone; one T-Mobile Cell Phone; and one Braun Electric
Razor, asidentified in Case Number WC 12-1805 and referred tounder Control # C-47951."
That'sthe thing, though. There were four items, not three. Marshal Harley, whom made sure
he wasthe one doing the lookin' through ofthe pocketsand pattin' down ofthe body and all that, he
made abig deal about how the microsd card wasnot in the smart phone. Actually, Marshal Harley
pretty much rendered an Order convicting Coughlin ofthisand that in conjunction with his
conducting the search incident toarrest ofCoughlin. The fourth wasamicrosd card, capable of
holding an entire librariesworth ofbookson it in digital format. While the smart phone was
returned, with the microsd datacard inserted intoit, it wasnot found that way during the "search
incident toarrest". The microsd card wasnot inserted intothe phone. Such amicrosd card can be
inserted intoaflash drive adapter, intoadigital camera, intoalot ofthings, not necessarily one's
smart phone. And the Washoe County Regional Detntion Facility did not return the phone
immediately in compliaince with the Order, but rather indicated that the Washoe County District
Attorney Office had togive permission and or get topossessthe materialsfirst, with "Maddy" ofthe
WCSO indicating Coughlin need contact Mary Kandarasofthe WCDA'sOffice.
Eventually, after 37 days, the smart phone and microsd card were returned toCoughlin with
all the date therein erased, but not before Judge Nash Holmesentered an Order accusing Coughlin,
41162 -
MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
DI CASE 60838 AND COUGHLIN'S SCR 102(4X(1) PETITION IN CASE 61426
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vaguely, oflying (not getting all that specific though with respect tojust what it wasCoughlin was
apparently "lying" about, but some reference wasmade torulesrelated tothe mediaand court
proceedings...and then alaundry list copy and pasted from teh RPC ofall the purported violationsof
variousRPC'sthat Coughlin wasfound tohave conunitted "by clear and convincing
evidence"...including such vague and entirely devoid ofany explication or factual rulingsthat
Coughlin wasguilty ofdemonstrating a"lackoffairnesstoopposing counsel" or "prolonging
proceedings", etc...Coughlin did report toCity Attorney Allison Ormaasduring abriefplea
bargaining session immediately before the Trial that RPD Officer Carter made astatement (perhaps
said sarcastically while arresting an attorney for criminal trespasswhere the RPD refused toissue a
citation or identify themselvesaslaw enforcement prior storming in Coughlin'sformer law office's
"basement", where astay ismandated under NRS 118A.380, where onesrent islessthan SI,000 and
damagesawarded are nil, for nomore than a$250 deposit, at atime when Coughlin had yet tobe
returned the $2,275 impermissible "rent escrow" deposit forced upon him in asummary eviction) that
"Richard Hill paysme alot ofmoney soI arrest whohe saystoarrest and dowhat he saystodo"
upon Coughlin asking Carter ifhe, too, wason Richard O. Hill'spayroll. It appearsthat at some
point, perhapswhile they were whispering in each other'sears(asCoughlin noted on the record
during the Trial in 11 TR 26800) during the Trial that Marshal and City Attorney Ormaaswere
afraid Coughlin may have some evidence ofOrmaas'sadmitting toCoughlin that she wasin noway
going tofollowing up on an statementsby an RPD Officer that may tend topresent and admission of
accepting some improper benefit in exchange for committing official misconduct under color oflaw,
or otherwise document such information. The RMC'sMarshal Harley seemed tobe upset about the
possibility that Coughlin may have some evidence ofHarley purporting topersonally serve Coughlin
the Order toShow Cause in CV11-03628 (and Machen'sAffidavit ofService filed March 8th, 2012
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDI3 r0 DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
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indicatesMachen "personally served" Coughlin, which not the case, asapparently Machen did not
want towait around for afew minutesfor Coughlin'sbargaining session with City Attorney Ormaas
toend, which meansMachen wascutting acorner, which issomething courtsand local law
enforcement punish ordinary citizensfor every day in Washoc County. When Marshal Harley began
torealize Coughlin'squestionstohim were revealing some questionable issue (so, you don't know
whoat WCSO Deputy handed you thisOrder toShow Cause? You have noidea? You didn't
recognize him at all? Did he "personally serve" me it, or did you, Marshal Harley? Why isthiseven
being personally served? And why while I am attending court on atotally unrelated matter? Isthat
proper? Isthat somewhat hostile and done in an attempt toembarassCoughlin at the courthouse? Is
that appropriate? Isthere even arule requiring such an "Order toShow Cause" be personally
served"? Have not found one yet...Especially where Coughlin wasaregisterd efiler at the time, and
therefore, likely had already been deemed served. Where the subsequent Affidavit ofService thefore
indicated it wasactually the same WCSO Deputy Machen having "personally served" such Notice on
Coughlin, along with some impromptu questioning ofHarley astowhether such service wasbeing
done basTothe extent City ofRenoMarshal Harley barged in tothat bargaining session purporting
topersonally serve Coughlin Notice ofaHearing and or Order toShow Cause in connection with
Hill'sMotion for Order toShow Cause in the appeal ofthe summary eviction matter (which resulted
in aquadruple jeopardy cocktail courtesy ofHill, based largely upon the same actswhich resulted in
Coughlin being arrested for "jaywalking", and Hill getting aTPO, and Bar Counsel Pat King making
afederal case ofHill'sJanuary 13th, 2012 grievance against Coughlin submitted tothe SBN, wherein
Hill leadsoffwith an allegation that Coughlin was"ghostwriting for" someone for whom Coughlin
waslisted asattorney of record. Huh? Then Hill went to"comply with hisRPC 8.3 obligation" by
reporting the conviction underpinning the current temporary suspension (something Coughlin
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POSSIBLY, NNDII TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
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1 himselfreported in compliance with SCR 111 prior toany knowledge ofHill'shaving done so, not
that Bar Counsel bothered tomention that in itsSCR 111 Petition, something thisCourt made note of
alackthereofin itsJune 7th, 2012 Order).
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Incidentally, RPD Sargent MonicaLopez admitted during avideotaped interview that neither
she nor her fellow office, Carter, identified themselvesaslaw enforcement while calling toCoughlin
at the basement door prior tothe landlord opening it, nor requested or warned Coughlin toleave the
property prior toarresting him from criminal trespassfrom Coughlin'sformer home law office on
November 13th, 2011...despite trill testifying under oath that they did soidentify themselvesprior to
the landlord opening the "basement" door and that the RPD Officer did issue awarning toleave to
Coughlin or otherwise provide Coughlin achance toheed such awarning prior toeffecting a
custodial arrest. What makesthat even more troubling isthe fact that Hill provided the City ofReno
prosecutorsvideoofpretty much all eventsother than the "knockand identify themselves" aslaw
enforcement Hill purportsthe RPD did (even where RPD Sargent Lopez indicatesneither she nor
Officer Carter did soidentify themselvesprior tothe basement door being opened by the landlord).
Amongst the videosthat Hill filmed on November 13th, 2011 that Hill did manage toprovide toCity
ofRenoprosecutorswasavideoofCoughlin asking Officer Carter and Sargent Tarter, prior tothe
point ofarrest, why, ifthey felt he wastrespassing, they wouldn't simply issue acitation in lieu of
making acustodial arrest. Hill'sown videoestablishesthat Hill'stestimony during the criminal
trespassmatter isextremely problematic respecting whether the RPD identified themselvesprior to
the landlord opening the door and whether the RPD issued Coughlinawarning toleave and
opportunity toheed it prior toeffecting acustodial criminal trespassarrest. Hill had Coughlin
arrested for criminal trespass, even where Coughlin had topay for "storage" the same amount, $480
asthe Lease Agreement required for "full rental value for full use and occupancy ofthe premises"
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POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE Mt 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
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To 4ab6d24r-9h31-4774-8370-77c1908 From: iachcoughlin 10-03-12 9:26am p. 46 of 53
for 17 daysof"storage" ofCoughlin'spersonal property, and even where NRS 108.475 and NRS
40.760 indicate asummary eviction isrequired where one is"using astorage facility asaresidence"
(ifthat wasthe case, which hasnot been established), not acriminal trespassarrest, particularly
where RPD Officer ChrisCarter, in violating Soldal v. CookCounty, expounded toCoughlin upon
hislearned viewson ''service" ofeviction orderslike some modern day Friedenthal. Then there is
the fact that Coughlin'sformer home law office wasrobbed ofapproximately $8,000 worth of
personalty on December 12th, 2011 (during the six weekwait for aHearing on Coughlin'sMotion to
Contest Personal Property Lien, again, because, according toHill, the RJC wasgoing topostpone
setting any such hearing until Hill'ssix weekvacation wasover, despite the statutory dictate that
such ahearing be set within 10 daysofCoughlin'sNovember 16th, 2011 filing ofaMotion to
Contest Personal Proeprty Lien). The December 21st, 2011 Order on Coughlin'sMotion toContest
Personal Property Lien required Coughlin torush intohisformer borne law office, and take in the
specter ofit having been torn asunder and robber, with achortling Richard G. Hill, Esq. standing on
filming the occasion, and quickly throw together an "inventory ofanything lost, stolen or damaged",
then hop over toKinko'sor some wi-fl and email the RJC with such an inventory, copying Hill in the
process. Even though the statutesin Nevadaare amongst the harshest towardstenantscompared to
the other 49 states, the RJC, Washoc County SheriffsOffice, RenoPolice Department, and landlords
like Dr. Matthew Joel Merliss, MD (aChico, Cabased neurosurgeon whom graduated from Beverly
HillsHS) and their attorney (or, their unauthorized practice oflaw committing "eviction consulting
and processservice" company. like NevadaCourt Services) really gothe extramile in making
Nevadaavery dangerous, and perhaps, lethal, place tobe atenant. Oh, and the Judge finding
Coughlin guilty ofthe RenoMunicipal Code'sversion ofcriminal trespass, RMC Judge William
Gamier, found support for the "when on property with an intent tovex and annoy" the owner ofa
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
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property version ofcriminal trespasswhere the Judge and prosecution alsomaintained that Coughlin
was"secretly" going on the property (apparently Coughlin washaunting the subconsciousofthe
property owner where the prosecution did not have support for the "failed toleave after being warned
todoso" version ofcriminal trespassin RMC R.10.010 isalsothe brother of the Family Court Judge
LindaGardner whose April 2009 Order for SanctionsofCoughlin incident toCoughlin'sservice for
legal aid organizationsWashoe Legal Servicesasadomestic violence attorney wascited asthe "sole
reason" for Washoe Legal Service firing Coughlin, and which formed the basisfor Coughlin's
Petition for Writ ofMandamuschallenging said Order for Sanctionsin 54544 and whom admitted,
on the record, in the case flowing from Coughlin'scriminal trespassarrest, in RMC 11 CR 26405,
that he "passed along" tohisfellow RMC Judge Nash Holmes"hisown sister's" over three yearsold
Order for Sanctions($1,000 attorney'sfee award personally payable by Coughlin under NRS 7.085
despite Coughlin'sciting toan ALR article demonstrating the position he maintained tobe the
majority viewpoint in Amercian jurisprudence, ie, nosetting off"duty" such asalimony for
unsecured third party credit card debt where other spouse issole signatory. A far flung doctrine of
the necessariesthreat by variousunsecured debt holders, where none ofthe debtsare likely large
enough toengender much litigation, hardly makesvexatiousafailure toagree toJohn Springgate's
proposed marital settlement agreement
RMC Judge William Gardner refused torecuse himselffrom Coughlin'scriminal trespasstrial
despite acknowleding that he wasaware that hispassing on hissister's2009 Order for Sanctionsto
Judge Nash Holmeshad resulted in agrievance being filed with the SRN, based upon hissister's
Order for Sanctions, upon Judge Nash Holmesforwarding said Order ontothe SBN. Bar Counsel
King issued that "grievance" based upon Judge LindaGardner's2009 Order for Sanctionsitsown
case number, yet hascontinued torefuse tospecify how that case came tobe, whofiled the grievance
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 71 II, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(41(d) PETITION IN CASE 61426
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based upon that Order, or in any other way indicated that such grievance came tobe other than an
immaculate conception ofsorts.
Speaking ofRMC Judge Nash Holme'ssubmission ofgrievancesand complaintstothe SBN
immediately after Coughlin, unsuccessfully sought toinvoke hisright toappeal the "criminal
summary contempt" Order Judge Nash Holmesrendered on February 27th, 2011 in the Trial for a
traffic citation. in Coughlin'sMarch 7th, 2012 filing in 11 TR 26800 ofaNotice ofAppeal (which
despite the dictatesofNRS 189.010, .020, .030, and .060 and AITY GEN. OPINION NO. 79-4
Criminal AppealsFrom Municipal CourtNRS 189.010 and 189.020 (1979). The RMC has
continued tofail totransmit Coughlin'sappeal ofthe criminal summary contempt Order tothe
District Court. Further, Coughlin'sown Washoe County Public Defender Biray Dogan, Esq.
Then, Mr. King alleged he would point towardssome pending criminal investigation asa
basisfor aCompliant. Tell that tothe indicted on federal compaign violation chargesattorney'sthe
SBN isnot commenting on.
Somehow, the District Court managed tofind it equitable tosanction Coughlin $40,050 in
attorney'sfeesin the appeal ofthat summary eviction matter, and the judge making that ruling was
previously amember ofthe same law firm asCoughlin, yet refused torecuse himselffrom the
matter. Bar Counsel King hasalsopreviously threatened (while attempting tocoerce Coughlin's
assent tosome snake potion SCR 117 deal when King isnot busy attempting tofabricate aSCR 105
"informal meeting" with Coughlin out ofapurported offer by King toactually let Coughlin even
view (not copy though) or "see the materialssubmitted along with the grievances", despite the fact
that King stormed away from the Bar'sNorthern Office conference room secondsintoCoughlin
reviewing such materials, along with all such materialsbeing stuffed backintotheir box, upon it
47/62 -
MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
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1 becoming clear that Coughlin wished toview the materialsprior tobeing interrogated by King other
otherwise have King deem the occasion an "informal meeting" under SCR 105). King seeksto
prolong atemporary suspension incident toathoroughly defrocked "candy bar petty larceny"
conviction (and the dismissal ofthe appeal wasbased upon an impermissible applciation ofNRS
189.030 and NRS 4.410(2) wherein acivil statue speaking topaying up front for atranscript was
applied tojustify dismissal acriminal appellant's appeal (agrowing in Nevada'scourtsasseen in a
similar case included in Exhibit 1) asajustification for placing atemporary suspension on Coughlin
throughout alengthy potential SBN v Coughlin Complaint proceeding (that will be, according to
King, based upon pending criminal charges, Coughlin wearing "pajamapants" toaMunicipal Court
filing counter while checking on atraffic ticket, some alleged videoofsomeone swearing in apolice
officer'spresence, anon-existent/CGI-ish "Order" by a(REDACTED) Court Judge that only existsin
the mind ofPat King (whoisknown for being rather sloppy and lazy like that, you know, when it
comestodue processand people'sway ofmaking aliving, and constitutionally protected property
rights, while bringing hisdog toworktohang out in the Bar'sNorthern Office'slobby, a(heat Dane,
which, admittedly, isamagnificently regal animal, though it wasnot in the December 2012 Animal
Law issue like Coughlin'sPekingnese Jackson Pawluck). "Patty Ice" knowsCoughlin loveshint
However, it isinappropriate for King toseektoprolong Coughlin'stemporary suspension so
unreasonably, where, especially, King hasmaintained he intendstoseeka"combo-hearing" that will
largely be based upon aComplaint that allegesCoughlin haspending criminal charges: Where the
only relevant factual allegation contained in Disciplinary Board'saffidavit, filed in support ofits
petition for attorney'stemporary suspension from the practice oflaw, wasthat acriminal indictment
had been filed against the attorney, thissole allegation, without more, wasinsufficient tojustify
summary suspension and the immediate imposition oftemporary restrictions_ Sup.Ct.Rules, Rules
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POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
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102, subd. 4(a), 111, subd. 1. Matter ofMonteiro, 1984, 684 P.2d 506, 100 Nev. 440. Coughlin has
not been indicted on federal election law/campaign contribution violations. The chargesCoughlin
doescurrently face say alot more about the prosecutorsthan they doabout Coughlin, and the fact
that aJune 7th, 2012 email from Coughlin toaprosecutor wasfollowed four hourslater by a
suspension ofthisCourt, signed by three Justices, one ofwhom haspreviously recused himselffrom
Coughlin'scase appeal ofthe dismissal ofCoughlin'swrongful termination lawsuit against Washoe
Legal Services, 60302 (and granted, the Justice referenced haslongstanding tiestoand altruistic
interactionswith legal aid entitiesthroughout the state...) providesafurther reason for thisCourt to
consider, en bane, Coughlin'svariousrequeststohave the temporary suspension ofhislaw license
dissolved (Coughlin filed aMotion for Resconsideation ofthe Temporary Suspension on June 11th,
2012 in light ofthe NevadaSupreme Court'sfailure tofile Coughlin'sMay 24th, 2012 attempt at
filing an Opposition tothe SCR 111 Petition in 60838, in violation ofNRCP 5(e), and aAugust 13th,
2012 SCR 102(4Xd) Petition in 61426, in addition toaSCR 111(10) Motion toDissolve the
Temporary Suspension ofthe same date in 60838.
Astothe reasonablenessofallowing Bar Counsel'sattempt tosubvert procedural SCR's
based upon pending criminal cases, the RJC docket in RCR2011-063341 isincorrect in that it failsto
detail the extent towhich DDA Zach Young violated NRS 178.405 by filing, with afile stamp time
of2:55 pm an Opposition toDefendant'sMotion toAppear asCo-Counsel despite the fact that DDA
Young and Coughlin'spublic defender Biray Dogan, in RCR2012-065630 met in aclandestine status
conference on February 27th, 2012 at 1:30 pm, despite the fact that on February 24th, 2012 (and the
filesdocwnentsthisaswell) that very MSC wascontinued until March 29th, 2012 in light ofa
scheduling conflict attendant tothe fact that Coughlin had atraffic citation trial involving Coughlin
in the RMC on that very day, February 27th, 2012 in 11 TR 26800 set for 1:00 pm. Bar Counsel
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4)(3) PETITION IN CASE 61426
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To: 4ab6d24c-9b37-4774-8370-71c1508
King hasthreatened tofile aSBN v Coughlin SCR 105 Complaint based upon afiling by Coughlin
incident tothe defense ofa"misuse of911 or emergency services", acharge that presentsDDA
Young with the difficult tasksofprosecuting one for (and some guessing isrequired here asDDA
Young istaken tonot specifying much ofanything in the information in hisComplaints) calling 911
toreport fear ofthe police and or afailure by a911 operator toaccord such an allegation any
legitimacy...which explainswhy DDA Young seekstoconspire with Coughlin'spublic defender
Dogan toamend such acharge toa"resisting arrest" simple misdemeanor, down from agross, and
thereby leverage the threat ofaconviction ofacrime that actually, upon aconviction, would invoke
aSCR 111(6) "seriousoffense) Petition by Bar Counsel) criminal matter that hasbeen pending since
Coughlin wassubject toacustodial arrest on January 14th, 2012 at histhen shared residence with
twoindividualsfrom whom he rented aroom, and against which he wasultimately awarded Orders
ofProtection in FV12-00187 and FV12-00188. The same RPD Sargent, Paul Sifre, whoordered a
trainee, Officer Leedy, toeffect acustodial arrest ofCoughlin on January 12th, 2012 at Coughlin's
former law office ordered Coughlin arrested again lessthan 48 hourslater for the "misuse of'
emergency services" incident toCoughlin calling 911 toreport the sudden disappearance ofhisdog,
in the context ofweeksofattacksby histwoformer housmates(slashed tires, furniture thrown in the
street, death threats, being chased tip the stairsby aman with a10 inch butcher knife yelling threats,
having hot coffee thrown on him, interference with hismail, etc., etc.), and despite the fact that NRS
33.018 doesdefine "domestic violence" toinclude violence against one'spetsor animals. Sargent
Sifre indicated toCoughlin upon bringing 7 other RPD Officersto"respond" toCoughlin 911 call
upon the violent roomatesmaking menacing statementsand gesturesin response tothe
disappearance ofCoughlin'sdog, that it wasmerely a"matter for animal control" and that Sifre was
arresting Coughlin because "you keep placing yourselfin situationswhere you are avictim", and
50162 -
MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
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despite that statement being captured on tape, DDA Zach Young continuestoprosecute that case.
DDA Young and Coughlin'spublic defender did seektoprevent Coughlin from becoming aware of
their attemptsto"reduce" that grossmisdemeanor toone that would invoke an SCR 111(6) "serious
crime" Petition by Bar Counsel ifaconviction isprocured, asjust because acharge isconveniently
reduced to"resisting arrest", and therefore a"lesser offense" (grossmisdemeanor versus
misdemeanor) doesnot mean the impact on one'slife would be less, especially in light ofSCR 111.
Dogan failed toapprise Coughlin ofDDA Young attempt tosoamend the Complaint in that Matter
in hisJuly 31st, 2012 filing in RCR2012-065630, despite Coughlin previously demanding notice of
any and all filingsby either side. Sandwiched between the twoarrestsin 48 hoursby RPD Sargent
Sifre, wasan intervening pull over by the same RPD Officer whom wrongfully arrested Coughlin on
August 20th, 2011 in RCR2011-063341, NicholasDuralde, along with 5 other copsassisting Duralde
in notifying Coughlin that hislicense plate wassuddenly missing, shortly after Coughlin was
released from jail, on January 13th, 2012, incident toa'jaywalking" arrest. Coughlin attempted to
submit awritten complaint tothe RPD regarding the retaliatory, coercive, pretextual conduct by RPD
Officer'sDuralde and Ron Rosa, which the RPD rejected on September 7th, 2011)(and unlessthe
Ninth Circuit hasajewel somewhere that wasmissed, nomatter how backwardsand ignorant an
arrest is, how pretextual or baseless, even for "jaywalking", the police can copy, view, and search
one'slaptop or smart phone (even apracticing attorney advocating on aclient'sbehalfwhogets
arrested for summary contempt committed in athe presence ofaJudge: Some courtshave relied on
the Supreme Court'sholdingsin United Statesv. Robinson. 414 U.S. 218 (1973) and United States
v. Edwards, 415 U.S. 800 (1974) tohold that officerscan search arrestees' cell phonesincident to
arrest, concluding that they are part ofthe arrestee's"person." See. e.g., People v. Diaz. 244 P.3d 501
(Cal. 2011); United Statesv. Finley, 477 F.3d 250 (5th Cir. 2007); United Statesv. Young, 278 F.
51/62
MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR. COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
00675
00675
To: 4ab6d24c-9b37-4774-6370-71c19e0
Appx. 242 (4th Cir. 2008); United Statesv. Mercado-Nava, 486 F. Supp. 2d 1271 (D. Kan. 2007).15
Robinson and Edwards, decided nearly 30 yearsago, should be read narrowly in light ofthe more
recent holdingsin Chadwickand Gant. Searchesofthe person are distinguishable from searchesof
electronic datastored in devicescarried by the person, making Chadwickand Gant more directly
applicable).
Judge Nash Holmeshasadmitted in writing tocommunicationswith those involved in that
clandestine, unnoticed, violating ofattorney client privilege, February 27th, 2012 MSC in RCR2012-
065630 involving Dogan and DDA Young. However, that did not, apparently, despite the dictatesof
NRS 178.405, stop Judge Nash Holmesfrom continuing on with the traffic citation Trial minuteslate
in 11 TR 26800, wherein she sentenced Coughlin'sto5 daysin jail, and denied astay toCoughlin
despite histhen representing client'sasalawyer in time sensitive matters, finding Coughlin'sguilty o1
"summary criminal contempt" (which Coughlin had toreport tothe United StatesPatent and
TrademarkOffice and State Bar ofNevadaasaSCR 111 criminal conviction). Curiously, the Order
for Competency Evaluation wassigned by Judge Clifton, but the RJC'sfile and docket therein
indicate that Judge Schroeder presided over the 2/27/12 1:30 pm StatusConference, despite the fact
that the filesindicatessuch aconference wasreset, on 2/24/12 to3/29/12 (RJC Judge Schroeder
stated toCoughlin at the January 31st, 2012 Hearing on Extending the Stalking and Harassment
Protection Order Richard G. Hill, Esq received within 40 minutesoffiling it, on January 12th, 2012,
"doyou want togotojail" upon Coughlin attempting tobroach the subject ofwhether, perhaps, Hill
wasabusing the TPO processtoaid in preventing opposing counsel from collectin evidence in
support ofadamagesanalysisincident toawrongful eviction lawsuit, particularly one ofa"wrong
site surgery" variety for Hill'sneurosurgeon client, in that Hill utilized asummary eviction
52/62 -
MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGIILIN'S SCR 102(4Xd) PETITION IN CASE 61426
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proceeding against acommercial tenant not based upon the non payment ofrent..ie, a"wrong site
surgery" tomake an analogy Hill'sneurosurgeon client might easily grasp.
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Astothe purported "summary criminal contempt" Order by Judge Nash Holmes, it isnot elea
there issuch a"misdemeanor crime" in Nevada. That February 28th, 2012 Order read: "The court
findsthat the defendant'sactionswere intentional and done in utter disregard and contempt for the
court, and in the presence ofthe court, for purposesofdisrupting and delaying the proceedingsand
dishonoring the rule oflaw and thiscourt, and constitute the misdemeanor ofcriminal contempt, a
violation ofRS 22.0 I 0. Good cause appearing therefore, the following sanctionsare imposed: IT IS
ORDERED, pursuant toNRS 22.100, that the defendant be incarcerated at the Washoe County
Regional Detention Facility for the term offive (5) days, from the time he wastaken intocustody on
thiscourt'sorder on February 27, 2012, and that sentence shall not be reduced for any reason...."
NRS 22.010 Actsor omissionsconstituting contempts. The following actsor
omissionsshall be deemed contempts: 1. Disorderly, contemptuousor insolent
behavior toward the judge while the judge isholding court, or engaged in judicial
dutiesat chambers, or toward mastersor arbitratorswhile sitting on areference or
arbitration, or other judicial proceeding. 2. A breach ofthe peace, boisterousconduct
or violent disturbance in the presence ofthe court, or in itsimmediate vicinity,
tending tointerrupt the due course ofthe trial or other judicial proceeding. 3.
Disobedience or resistance toany lawful writ, order, rule or processissued by the
court or judge at chambers. 4. Disobedience ofasubpoenaduly served, or refusing to
be sworn or answer asawitness. 5. Rescuing any person or property in the custody
ofan officer by virtue ofan order or processofsuch court or judge at chambers. 6.
Disobedience ofthe order or direction ofthe court made pending the trial ofan
action, in speaking toor in the presence ofajuror concerning an action in which the
juror hasbeen impaneled todetermine, or in any manner approaching or interfering
with such juror with the intent toinfluence the verdict. 7. Abusing the processor
proceedingsofthe court or falsely pretending toact under the authority ofan order
or processofthe court.
In Judge Nash HolmesFebruary 28th, 2012 Order Finding Defendant in Contempt ofCourt
and Imposing Sanctions, the Order reads: "9) defendant'slying tothe court in response todirect
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
N CASE 60838 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61426
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From: zachcoagblia 10-03-12 9:26am p. 55 of 63 To: 465d24c-9b37-4774-8370-71c1908
questionsposed by the court with regard tohisrecording the proceedings". Noevidentiary support or
other allegation have been made by Judge Nash Holmestosupport that finding. Further, that Order
seemstotake an overly narrow view ofwhat ispermissible subject for cross-examining apolice
officer, and at one point, Judge Nash Holmesstated, on the record, that she doesnot "care about
retaliation, or bribery, or corrutpion" or wordssubstantially similar tothat effect, and the Order itself
suggestsJudge Nash Hohuesfindsthose subject wholly irrelevant toacriminal prosecution,
regardlessofthe vast body ofcase law devoted toretaliatory arrests, witnessbias, materialsnot
offered toprove the truth ofthe matter asserted, but rather the witness'sstate ofmind, etc., etc. That
Order included the following: "defendant'srepeatedly injecting allegationsofbribery, perjury, and
police retaliation intothe matter after the court instructed him not to, and directed him tolimit himself
toi suespertaining tothe factsofthe "Boulevard Stop;" 5) defendant'srepeatedly trying toinsert
"Richard Hill" intohisquestionsand statementswhen such person wasnot relevant tothe
proceedingsand the defendant had been ordered tostop discussing that...defendant'scontinually
accusing the court ofdenying him the right or ability toaskquestions...defendant' sfailing and
refusing toproperly examine the witness, despite numerousadmonitionsby the court tostop
repeating questions, misstating answers, injecting irrelevant material, arguing with the witnessand
mischaracterizing the testimony. During that proceeding Judge Nash Holmesasked Coughlin "Are
you recording thisproceeding?". Coughlin prefaced hisanswer with an assertion that he aa
Constitutional Right now tobe coerced intoanswering such suasponte interrogation, but answered
truthfully that he wasnot recording the proceeding at the time that question wasposed tohim by
Judge Nash Holmes, though, tobe sure, the RMC wasrecording the proceeding, it isapart ofthe
public record, and Coughlin surely now hasnomeansofconfirming what exactly may have been on
hissmart phone or microsd datacard given both were returned tohim damaged and with all the data
- 5462 -
MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDI3 TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR. 102(4Xd) PETITION IN CASE 61426
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previously therein erased, though likely not before hisprivacy had been raped by variouslocal law
enforcement cntititesperusing the contentstherein under some "search incident toarrest" approach.
In aletter/complaint/grievance tothe SBN from the RMC'sJudge Nash Holmes, dated March
12th2012, it iswritten: "We are setting that case for trial and attempting toserve him at the most
recent addresswe have (1422 E. 9th St. 42 RenoNY 89512), although I heard today he may be living
in hisvehicle somewhere....It ismy understanding that RenoJustice Court alsohasamatter pending
on thisattorney. My Judicial Assistant wascontacted by the Washoe Public Defender in February...
and they stated that they represent him in aGrossMisdemeanor matter in RIC...You will have the full
cooperation ofmyself, the other judges, and the staffofRenoMunicipal Court in your pursuit ofthis
matter. Mr. Coughlin haspositioned himselfasavexatiouslitigant in our court, antagonizing the
staffand even our protemp judgeson the most simple traffic and misdemeanor matters. I dothink
thisisacase ofsome urgency, and I a o e for taking two daystt gettlispagkauto our
IT person wasill and could not make the copiesofthe audiosofMr. Coughlin'shearingsuntil today,
and I felt it wasimportant that the audiosbe included in the materialstobe considered by the State
Bar. On February 27, 2012, Mr. Coughlin told me he wasactively practicing law and had
appointmentswith clients. I donot know ifthat wastrue, but ifso, he could be causing seriousharm
tothe practice oflaw in Northern Nevadaand could be jeopardizing someone'sfreedom or property
interests...." Such concern for Coughlin'sclient's"freedom or property interests" did not result in
Judge Nash Holmesaccording any real consideration toissuing astay ofany sort toCoughlin prior to
the immediate and tmfathomably unexpected summary 5 day jail sentence incident toatraffic citation
Trial over aCaliforniaRolliSoulevard Stop. Why, in aletter date February 14th, 2012, when
Coughlin wasstill living at hisfromer E. 9th St. address, Judge Nash Holmeswould have "heard he
(Coughlin) may be living in hisvehicle somewhere" iscurious, though not at all out ofline with
55/62 -
MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4)(d) PETITION IN CASE 61426
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Coughlin'spast experience with the some individualsat the RMC and the City ofRenaMarshals.
Coughlin hasnoideawhat "protem" Judgeshe ever had any interactionswith at the RMC ofan
import whatsoever. The passage wherein Judge Nash Holmesapologizesfor "taking twodaystoget
thispackage toyou" impliesapreviouscommunication with the SBN, though hopefully not the sort
ofattemptstodrum up complaintswhere none should reasonably issue like that see with the RPD's
Office Weaver and Sargent Miller, or in the apparent exerting Richard Hill by the RPD tofile a
protection order against Coughlin. Further, Judge Nash I lokneswent on toissue what are likely void
"double jeopardy" violating Orderssubsequent toCoughlin filing anotice ofappeal on March 8th,
2012 ofthe Contempt finding. It isimprotant tonote, the February 28th, 2012 Order Finding
Defendant in Contempt and Imposing Sanctions, which purportstoissue aconviction for
"misdemeanor criminal contempt" wasnever received by Coughlin, despite it purportedly being
mailed toCoughlin'sformer home law office addressat atime that the RMC had Coughlin'sthen E.
9th St. address, and despite Coughlin having achange ofaddresson file with the USPS at that time
(though there were issueswith getting the USPS toprocessor recognize that incident tothe domestic
violence against Coughlin on E9 9th St.). Regardless, Coughlin only ever first even saw the
February 28th, 2012 Contempt Order, and probably even then did not realize it purported toissue
"misdemeanor criminal contempt" conviction (Coughlin still hassome confusion astothe distinction
between criminal and civil contempt and areading ofthe NRS 22.010 cited doeslittle toalleviate that
confusion, though Coughlin hasgathered variousALRsand AmJurson the appealability ofsummary
contempt findingsand doesnot belive Judge Nash HolmesOrder issufficiently specific under the
Houston decision (Judge Pomeranz, handcuffs, etc). Further, Bar Counsel King hasgone on to
threaten Coughlin extensively with the use ofsectionsofsubsequenttly issued Ordersby Judge Nash
Holmesthat purport tomake findings"by clear and convicing" evidence ofvariousviolationsof
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
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To: 4ab6d24c-9b31-4774-0370-77c1908 From: 2achcoughlin 10-03-12 9:26am p. 58 of 63
RPCsfor conduct that Judge Nash Holmesalready entered an Order on February 28th, 2012. That is
double jeopardy and or law ofthe ease, and not aproper basisfor delaying the hearing required under
SCR 111(8), etc. The SBN and King can have it ifthey want it with Coughlin, but they ought to
have todoit in compliance with the rules, period, rather than have King get down on all foursan
surreptiously crawl behind a standing Coughlin's knees, only to have whoever give Coughlin a swift
push tothe torso, causing him totopple over backwards. And the SBN should be prevented from
doing itsbit where it showsCoughlin aflower, promptshim tosmell it, then manipulatessome
apparatusbuilt intowhat isactually aphony flower that sprayswater in Coughlin'sface. And then
there isthe cansofmixed nutsthe SBN gave Coughlin that actually contained projectile confetti sorts
ofmaterial.
Hill applied for aTPO against Coughlin on January 12th, 2012 when Hill noticed Coughlin
peacefully filming from the public sidewalkat Coughlin'sformer home law office Hill'screw
throwing intoadump truckthe property that Coughlin wasunable toremove in the scant 13 hours
accorded him in the Order "Resolving" Coughlin'sMotion toContest Personal Property line, on
December 24th, 2011, especially where Hill placed achain linkand padlockon the backyard gale to
Coughlin'sformer home law office, making removing many, many itemsunfeasible. Hill failed to
remove the chain linkpadlockuntil only acouple hoursremained tomove agreat deal ofproperty,
and said padlockwasonly placed on that backyard gate in the one or twodaysimmediately prior to
the time allowed toremove property.... Further, despite billing Coughlin some $1,060 for "securing
the property" (one would thinkpaying $460 under NRS 118A.460 for "storage" ofpersonalty might
include "securing" it., but no. it would not...and 11111'scontractor saved on expensesincident tosuch
"securing" by using Coughlin'sown plywood toboard up the backporch. Speaking ofthe extent to
which Judge Nash Holmescontinued on toconduct the Trial in 11 TR 26800 despite the 2/29/12
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGELIN'S SCR 102(4Xd) PETITION DI CASE 61426
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Order for Competency Evaluation signed by Judge Clifton and file stamped 1:31 pm, despite the
statutory dictate that "the other departments" "shall suspend any other proceedingsrelating tothe
defendant until todefendant isdetermined tobe competent", found in NRS 178.405, DDA Young
himselfviolated NRS 178.405 in that his2129/12 Opposition toDefendant'sMotion toAppear asCo-
counsel baresafile stamp of2:55 pm. Please correct the docket in thisregard, aswell asrevising it to
reflect all ofCoughlin'sfilings, which were all file stamped, yet are not indicated on the docket,
especially the Notice ofAppearance Coughlin filed, while Coughlin wasstill alicensed attorney, in
addition toany SubstitutionsofCounsel Coughlin filed sovery long ago(nomatter what DDA
Young triestoargue about how "untimely" Coughlin'sattemptstobe rid ofthe public defenders
obstructive presence are).
Additionally, there isadear retaliatory animusevince by both Dogan and DDA Young's
participation in the Feburary 27th, 2011 "clandestine" StatusConference where Coughlin'sfiling of
February 17th, 2011 in that same case RCR20120-065630 That February 14th, 2012 filing by
Coughlin in RCR2012-065630 wasattached by Pat King and or J. ThomasSusich in the SCR 117
Petition in 60975 (and King hasrepeatedly threatened toattach it toor reference it in the SCR 105
Complaint he keepshyping in an ill advised attempt toget Coughlin tosign up for aSCR 117 trip)
and referenced by Judge Nash Holmesin her variousOrdersand written complaint tothe SBN when
she citesCoughlin with "quoting lyricstorocksongs" in afiling wascritical ofDogan'sworkasa
public defender for Coughlin, especially where Dogan wasattorney ofrecord and failed toappear for
ahearing...Never mind that the only lyricstoany songsthat were quoted by Coughlin in any filings
sofar wasthe quotation toarap song in the February 17th, 2012 filing in the case that Dogan
represented Coughlin on in Reno Justice Court, RCR2012-065630, wherein an Order for
Competency Evaluation wasentered at 111 pm on February 29th, 2012, whereupon, shortly
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MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
LN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
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To: 4ab6d24c-9b37-4774-8311-71c1900 From: rachconghlin 10-03-12 9:26ao p. 60 of 63
afterwards, Judge Nash Holmescontinued on tohold the traffic citation Trial from which the
"summary criminal contempt" charge underpinning most ofBar Counsel King'sSCR 117 Petition
and from which most ofKing'sthreatsofaSBN v Coughlin Complaint seem torely (tothe extent
such aComplaint would rely on anything other than King'stypical legal drivel, which continually
failstocite toany legal authority whatsoever and evincesthe workofaman entirely unfamiliar with
Lexis, Westlaw, AmJur., ALR, ProofofFacts, or any other bastion ofactual lawyering. The lyric
Coughlin quoted in that February 17th, 2012 filing (which wasnecessitated by the fact that Dogan
failed toappear for acourt date on February 13th, 2012 for which he and Coughlin had, when they
met in person and spoke for over an hour about the case on or about February 7th, 2012 agreed
Dogan would appear on Coughlin'sbehalfand that Dogan wasalready "attorney ofrecord" in the
matter and assigned tothe case) wasquoted merely asacommentary on the spiritual choicesone is
faced with variouslocal power brokersand their agentsare behaving like goons: "Okay, your agoon,
what'sagoon toagoblin?". Hardly arationale for pulling some lawyersticket, Mr. King. Nor for
submitting acomplaint questioning alawyerscompetency tothe SBN.
SCR Rule 111(8). Attorneysconvicted ofcrimes.
"8. Referral todisciplinary board. Upon receipt ofapetition filed under
subsection 4 ofthisrule, demonstrating that an attorney hasbeen convicted ofa
seriouscrime, the supreme court shall, in addition tosuspending the attorney in
accordance with the provisionsofsubsection 7 ofthisrule, refer the matter to
the appropriate disciplinary hoard for the institution of a formal hearing
before a hearing panel in which the sole issue to be determined shall be the
extent of the discipline to be imposed..."
SCR Rule 102(2). Typesofdiscipline:
Misconduct isgroundsfor: "2. Suspension by the supreme court. A suspension of
6 months or less shall not require proof of rehabilitation; asuspension ofmore
than 6 monthsshall require proofofrehabilitation tobe demonstrated in a
reinstatement proceeding under Rule 116...."
- 59/62 -
MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION 111 CASE 61426
00683
00683
9
10
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From: tachcoughlin 10-03-12 1:26am p. 61 of63 To: 4ab6d24c-91337-4774-8370-77c1908
1
2
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4
5
6
7
Given that the Board and the SBN are and have effectively denied Coughlin atimely hearing
called for by the Court'sOrder and SCR 111(8), and now have failed toprovide an "immediate
hearing" pursuant toCoughlin'sfiled and served SCR 102(4Xd) Petition in case number 61426.
SCR Rule 116. Reinstatement: "1. Order ofsupreme court required. An
attorney suspended asdiscipline for more than 6 monthsmay not resume
practice unlessreinstated by order ofthe supreme court. 2.Procedure for
reinstatement. Petitionsfor reinstatement by asuspended attorney shall be
filed with bar counsel'soffice, which shall promptly refer the petition tothe
chair ofthe appropriate disciplinary board. The chair shall promptly refer the
petition toahearing panel, which shall, within 60 daysafter referral. conduct
ahearing. ...
4. Tender ofcostsin advance. Petitionsfor reinstatement under thisrule
shall be accompanied by an advance cost deposit of81.000 tocover
anticipated costsofthe reinstatement.proceeding."
The 60 daysmentioned above only further highlightsthe potential for acontempt finding
where the SBN and Board have failed toschedule ahearing for thismatter despite Coughlin filing an
Opposition tothe SCR 11 l Petition, or at least submitting an Opposition asearly asMay 24th, 2012,
and eventually getting the Court tofile something in that vein on June 10th, 2012, which hasremain
unchallenged by Bar Counsel. Bar Counsel appearsrather busy with other things, and any such
overburdened condition will only he exacerbated by aprotracted involvement with Coughlin, who
can rake it alittle ifanyone hasn't noticed yet. King'sclose and prolonged involvement with Richard
G. Hill, Esq. (the were opposing counsel on one ofthe biggest casesofeither oftheir careers, the
March 2012 reported decision in Milsner v Carstarphen)
CONCLUSION
Please dissolve the temporary suspension of Coughlids law license and require the SBN to
remit whatever compensation toCoughlin thisCourt feelsisjust, and or, in the alternative, require the
SBN and NNDB or Panel toimmediately set for Hearing (very soon) aHearing limited tothe dictates
28
60;62
MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUG I ILIN'S SCR 102(4)(d) PETITION IN CASE 61426
00684
00684
To4ab6d24c-9b37-1774-8370-77c1900 From: zachcoughlin 10-03-12 9:26at p. 62 of63
set forth in SCR 111(8) and thisCourt'sJune 7th, 2012 Order, ie, determining the punishment for the
candy bar issue, which arguably hasbeen more than served already given the four monthslength of
the suspension and other peripheral matters.
AFFIRMATION Pursuant toNRS 239B.030
The undersigned doeshereby affirm that the preceding document doesnot contain the social security
number ofany person.
Declaration: I declare under penalty of perjury pursuant to NRS 53.045 that,
to the best of my knowledge. the information contained herein is true and
correct.
Respectfully submitted this: October 2", 2012,
/s/ Zac Coughlin, signed electronically
Zach Coughlin, Esq.
PO BOX 3961
Reno, NV 89505
ProPer Attorney
61162 -
MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSI/3T.Y, NNDR TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGIELIN'S SCR 102(4Xd) PETITION IN CASE 61426
00685
00685
To 4abO d24c-9b31-4774-8370-77c1908 From: zathcoughlin 1D-03-12 9:26am p. 63 of 63
ProofofService:
On thisdale, 1, Zach Coughlin electronically served atrue and correct copy ofthe foregoing
document toall registered electronic filersor those otherwise consenting toelectronic service in a
waiver ofthe application ofNRCP asset forth in SCR 109, and tothose whom are not I placed atrue
and correct copy ofthe foregoing document in the USPS mail on thisdate and or complied with all
service requirementsset forth in SCR 109:
Patrick0. King, Esq. Assistant Bar Counsel
9456 Double R. Blvd Suite B
Reno, NV 89521
David A Clark, Esq., Bar Counsel
State Bar ofNevada
Address: 600 East Charleston Blvd.
LasVegas, NV 89104
Phone Number: 702-382-2200
Fax number: 702-385-2878
J. ThomasSusich, Esq., Chairman NNDB
NevadaEmployment Security Division
Address: 1675 E. Prater Way, Suite 103
Sparks, NV 89434
Phone Number: 775-284-9533
Fax number: 775-284-9513
Dated thisOctober 2nd, 2012
Is/ Zach u hlin
Zach Coughlin
ProPer Attorney
62/62
MOTION FOR ORDER TO SHOW CAUSE REGARDING IMPROPER ATTEMPT BY BAR COUNSEL AND,
POSSIBLY, NNDB TO DELAY AND OBSTRUCT HEARING REQUIRED BY COURTS JUNE 7TH, 2012 ORDER
IN CASE 60838 AND COUGHLIN'S SCR 102(4Xd) PETITION IN CASE 61426
00686
00686
10 4ab6d24c-91337-4774-0370-77c1908
From: zachcoughlin 10-03-12 1:26am p. 1 of 63
lb
RECEIVED
OCT 0 3 2012
RE ck 7 1 ,
4
-
0
ocr
08
4
STATE BAR
OF NEVADA
Fax
FACSIMILE
Date: 10/3/2012
To:
4ab6d24c-9b37-4774-8370-77c1908b7c21genera1693298
From: zachcoughlin
Subject:
00687
00687
To, lUhc9c-69l!1-U91nU-lllddJ6r
1
3

Document Code:
ZIlCh Coughl in
Nevada Bar No: 9473
1422 . 9"' 81. 112
Reno, NV g95 1'2
'fele: 77'338-10 18
Fax:
ALED
RENOHUNI"PAl to
2112 HAR - 5 AM II' I
l.Lill\\ ..

IlEf'011
5 Attorney for Pro Sc Attorney PlaintiffOenicd Sixth Amcndmel11. Right to Counsel
6
,
,
,
>0
H
>2
13
"
"
16
"
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22
IN TIl E SI::COND JUDICIAL DiSTRICT eQURTO" THE STATE OF NLWADA
IN AND rcR 11m COUNTY OF WASHOE
CITY OF RENO; )
)
)
pr.AINTIFF, ) Case No; 11 CR 2640'
>0. )
)
ZJ\CH COUGHLIN; ) Dopt No: 2
)
)
DEFENDANT. )
)
-------
NOTICE OF APPRARANCE AS CO_CQUNSEL AND Ma nON TO DJSMISS
cuMES NOW, Ucf.::ndant, Zilch Coughli n,. by Jlod through himsclf as co-counsel to
Dof'cntb nt IIHd file, the ahove ti11e docclmcnt on h i:< own hehalf.
I .. EGA1" AR(:JJMENT
Memorandum o f Law In Sypport of Motion to Dis miSS the Complaint
Introduction
250 The defendant, Zach Coughli n ("Coughli n") is charged with"criminal trespass under
the Reno MunicIpal Code (RMC) .1 The fact ual allegations in the complaint are to the effect
.,
. I .
NOTICE OF APPEARANCE AS CO-CO UNSE L AND MOTION TO DISMISS
,

00688
00688
Ftom; zachcoughlin 3-55-12 10:56am p, a of 40 To: 1.699ac9c-69b1-4598-813f6-30dd36e
that both counts occurred on the same date, at about the same time, and in the same
general vicinity. Each count, though, involved a separate incident.
Jana Breckenridge was operating a vehicle that had been traveling each on West Street,
approaching the intersection of Blake Avenue and had the right of way. Coughlin's vehicle failed to
stop to the stop sign and entered the intersection. Breckenridge's vehicle was forced to take evasive
action and steerred to the right, causing the vehicle to sideswipe a fire hydrant .... Coughlin failed
6
All Saints Hospital by Rescue.
to stop for the accident ....Jana Breckenridge complaint of pain to her legs and was transported to
7
With regard to the second incident, the complaint alleges:
Coughlin's vehicle continued east and went through the red light at the intersection of north
Memorial Drive and West street, Stratmare wino had been operating a vehicle owned by Mick's Auto
Parts southbound on North Memorial Drive, wasstruckby Coughlin's vehicle . Ernesto 9
(Coughlin) then ran from the vehicle leaving the secene of the accident... A passenger in
10

Coughlin's vehicle, X.H. complained of pain to his neck and back and was transported to All
Saints Hospital by Rescue.
11
Finally, the complaint alleges that Ernesto Coughlin was interviewed by police and said tha
12
he ran from the vehicle because, "Ernesto stated that his brother, X.H., did not want him
arrested for an accident and told him to run."
13
14
A.rguinent
15
I. The complaint must allege sufficient factswithin the four corners, when viewed in acomma 16
sense animater, toestablish probable cause tobelieve that the defendant committed the offens
alleged. Here, the complaint isdeficient the trespasscharge RMC 8.10.010.
1. 3

A criminal complaint must meet probable cause requirementstoconfer personal jurisdiction. State v.
White, 97 Wis. 2d 193, 197, 295 N.W.2d 346, 347 (1980). A criminal complaint isaself-containe 1. 9
charge that must set forth factswithin itsfour cornersthat are sufficient, in themselvesor together
20
with reasonable inferencesderived therefrom, toallow areasonable person toconclude that acrim
was probably committed and that the defendant is probably culpable. State v. Haugen, 52 Wis. 2
21

791, 793, 191 N.W.2d 12, 13 (1971). ifthe criminal complaint failstoestablish probable cause, the
court doesnot obtain personal jurisdiction, and the charge must be dismissed. The crimina
22
complaint, however, isnot tobe read in ahypertechnical sense but, rather, istobe reviewed on
23
reasonable basisapplying ordinary common sense. State v. Gaudesl, 112 Wis. 2d 213. 219, 33
N.W.2d 302, 305 (1983). Therefore, the factsalleged and the inferencesthat may he drawn from
24
them must be sufficient toestablish in acommon sense way that there isprobable cause to believe the
defendant committed the offense charged. See id.
25
Here, the complaint purportstoallege that Coughlin violated RMC'strespassstatute 8.10.010 The
26
elementsofthat offense are: Elementsofthe Crime That the State Must Prove
27
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-2-
I

'OTT
O COUNSEL AND MOT
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00689
00689
From: zacbcoughlil 3-05-12 10:56sts p 3 of 90 Ta: 1699ac9c-69b1-4598-138f6-30dd36e
Reno Municipal Code section 8.10.010, provides in relevant part; Every person who ...
willfully goes or remains upon any laud or in any building after having been warned by the
2

owner or occupant thereof not to trespass is guilty of a misdemeanor.
3
4

A. The criminal trespass complaint fails to establish probable cause because it fails to show
5

any notice or service of the written ORder for Summin'y Eviction was conducted in a lawful
manner and not too soon and thus void..
6
For these reasons, the criminal complaint must he dismissed.
7
8 I realize you will likely not read all ofthis. The main thing is I am respectfully requesting that
9

you confirm with Deputy 1Vlachom that he did, in fact, "personally servo" the Summary Eviction
10
Order on me at 121 River RockSt., Reno89501 or. November 1, 2011 at 4:30 pm, in connection with
11
12
performing the lockout. It ismy position that I wasnot "personally served" and I am trying tofigure
13
out whether Deputy Machem islying or whether the phrase "personally served" meanssomething
19

other than what l believe it means, eta, etc. I appreciate your attention tothis.
15
16
17
I antwriting toinquire aboutand complain with regard toan A:fidav itofService filed by or for WCSO 'Deputy Machem
10
with respecttothe service ofaOrder Granting Summary F,victiortagainstme (in my law office where non-paym entof
19 rent wasnot alleged, nolessin violation ofNRS 40.253 and where a$2,275 rentescrow depositwasfoisted upon me in
20
violation of40.253(6), especially where n stay ofeviction wasnotgranted even while the RIO held on tomost all my
21
money...).
22
23
My issue with the WCSO is that lviachem's Affidavit ofService indicatesthathe "personally served" me, which kind of
27

remindsme ofall thatmho-signing and MGRS fraud 1 came acrossin rr.y day job (and doyou wonder how marry
25
attorneysin the foreclosure defense game I am in constantcontactwith whoare watching and witnessthe potential RICO
2
violationsthiswriting mentions?), which includesbeing aforeclosure defense attorney. Sowhich isit? Did Machem
2
.
/
"personally serve" me the Summary Eviction Order? Richard Cr gill, Esq. likestoargue thatI was"served" in
28 compliance with all time related rulesbecause it wasdone in the 'usual custom and practice ofthe WCSO.
What, exactly.
_ 3.
NOTICE Ok' API EARANCE AS CO-COU iSE AND MOTION T O DISMISS
00690
00690
From: z.echcoughlin 3-05-12 10:56am p, 4 of 413 To: 1699er9c-,59b1-4598-86f6-30ed36e
1 is the "usual custom and practice of the WCSO? I hear a lot about this "within 24 hours" stuff So, I )20 hunting for some
2
black letter law to support what those at the RIC and in the clueless coal triunity at large (which often includes Neveda
3
Legal Services and Washoe Legal Services, the people you guys had such trouble actually serving in the lawsuits I filed,
4
which may have actually helped improved legal services in this community, if they were not dismissed due to
insufficiency of service of process, even where the 11.
7
P required the WCSO to served the defendants...). Anyway, buck to
the "within 24 hours" phraseology: "
13
This whole business about "The court may thereupon issue an order directing the sheriff or constable of the county to
remove the tenant within 24 hours after receipt of the order..." is inapplicable to this situation, where an Order Granting
10
Summary Eviction was signed by October 27111, 2011, That language is only found in situations inapplicable to the
/1
current one. NRS 40.253(3)(b)(2), and NRS 40.253(5)(e) are the only sections of NRS 40 where this "within 24 hours
-
12
language occurs, and those situations only apply where, in.
13
11
40.253(3)(bX2): " 3. A notice served pursuant 'do subsection 1 or 2 must: ...(b) Advise the tenant: .... (2) That if the court
determines that the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant
16 or an order providing for the nonadmittanee of the tenant, directing the sheriff or constable of the county to remove the
17
tenant within 24 hours after receipt of the order"
18
1J
and,
20
21
40.253(5Xa): "5. Upon noncompliance with. the notice: (a) Tice landlord or the landlord's agent may apply by affidavit of
22
complaint for eviction to the justice court of the township in which the dwelling, apartment, mobile home or commercial
23
premises are located or to the district court of the county in which the dwelling, apartment, mobile home or commercial
24
premises are located, whichever has jurisdiction over the :natter. The court may thereupon issun an order directing the
25 sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order." The way these summary
2g eviction proceedings are being carried out in Reno Justice Court presently shocks the conscience and violates Nevada
2
7 law. There is not basis lit effectuating a lockout the way WCSO's Deputy Machcm did in this case. The above two
28
sections containing the "within 24 hours of receipt" language arc inapplicable, as those situations do not invoke the
- 4 -
NOTICE OF APPEARANCE AS Co-COUNSEL AND MOTION TO DISMiss
6
00691
00691
From: zaelleciughl 3-05-12 10:56asi p. S of 40 To1699ac9c-6961-4598-88f5-30dd35e
presentcircumstances, where the Tenantdid Me an Affidavitand did contestthismatter toadegree notoften seen. To
2
require Nevada'stenantstogetup and getout'within 24 hours" of"receiptofthe order' (whatdoesthateven mean? The
3
use oftermslike
-
rendition", "rendered", "notice ofentry", "pronounced
-
, isabsenthere, and this"receiptofthe order"
4
language issomething, rarely found elsewhere in Nevadalaw-see attached DIv1V statutory citations, and in employment
5
law litigationswhere one mustfile aComplaintwithin 90 daysof"receipt" ofaRightToSue Letter, asiltation which
6

followsNRCP 5(b), and NRCP 6(c) in imputing receiptofsuch aletter, when actual receiptisnotshown, by applying a
7
"construc:ive notice" standard thatrelicsupon the daysfor mailing extension oftime for itemsserved in the mailing,
a
etc.). In Abraham v. WoodsHale Oceanographic Institute. 553 F.3cl 114(1stCir. 2009), die record did notreflectwhen
0
the plaintitreceived hisright-to-sue letter_ The letter wasissued on November 24, 2006, The courtcalculated thatthe 90-
13
day period comm cncorl on November 30, 2006, based on three daysfor mailing after excluding Saturdaysand Sundays.
11.
Toorder tobring aclaim under either Title VII or the ADA, aplaintiffin tia exhaustadministrative remediesand sue
12
within 90 daysofreceiptofarighttosue latter, See 42 U.S.C. 2000c-5(0(1), See Baldwin County Welcome Center v.
13
Brown, 466 U.S. 147, 148 n 1, 104 S Ct, 1723, X0 1, F.c1.2d 196 (1984)(granting plaintiffan additional three daysfor
114
mailing pursuanttoRule 6). ..
16
18
19
Dear Washoe County Sheriff'sOffice,
20
21
22
http.//en. w eerie. orghiv ery i ce_o f_process
73
24
'Substituted service
25
26
When an individual party to be served is unavailable l'or personal service, many jurisdictionsallow for substituted service.
28
Substituted service allowsthe processserver toleave service documentswith another responsible individual, called a
- 5 -
EaTI(1
7
QfgE2EABANCZAELQ,ciniNfru tQn9ALQ jDISMISS
00692
00692
from racheoughlia 3-05-12 10:56aa p. 6 of 40 To: 16 Dock -6 9b1-4 5 WIN f 6- 30dd36e
1

person of suitable age and discretion, such as a cohabiting adult or a teenager. Under the Federal Rules, substituted
2
service may only be mode at thc abode or dwelling of the elofenclantlell California, New Yorlc,[5] Illinois, and many other
3 United Slates jurisdictions require that in addition to substituted service, the documents be mailed to the recipient-l5]
4
Substituted service often requires a serving party show that ordinary service is impracticable, that due diligence has been
5
made to attempt to make personal service by delivery, and that substituted service will reach the party and effect notice.
6 'Si
,,
7
9
I em pretty sure "personally served' moons you served the person in person, not that a person named Mach= went and
10 posted a notice on a door, personally himself. See, I think you guys are thinking of the "person" in the word personally as
11
applying to the server, when in all instances I have ever seen it used in the law, the 'person" part of 'personally" applies
12 to the person being served. Help me out here, Mary.
13
14
15 https://skydrivelivecararediraspx?cid=4308463813215f28&resid.430114638F32F5F2811 /397&paridroot
16
17
18 Also, does the WCSO have it position on what type of service is required of eviction orders prior to the WCSO or
19 whoever does it, being able to conduct a lockout?
20
21
22
hup://www leg.state.nv-us/courtrules/nrcp.html
23
24
25
NRCP ROLE 60. RELIEF FROM JUDGMENT OR ORDER.. (c) Default Judgments: Defendant Not Personally Served
26
When a default judgment shalt have been taken against any party who was not personally served with summons and
27
complaint, either in the State olNevada or in any other jurisdiction, and who has not entered a giwtenal appearance in the
28
action, the court, after notice to the adverse party, upon motion made within 6 months after the date of service of written
- 6 -
NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
00693
00693
troal zachcoughlta 3-oS-12 10156aa p. T of Ill To: 1695ac9c-641$1-4598-88f6-30dd6e
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113
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notice or entry of such judgment, may vacate such judgment and allow the party or the party's legal representatives to
2
answer to the merits of the original action When, however, a party has been personally served with summons and
3
complaint, either in the State of Nevada or in any other jurisdiction, the party must make application to be relieved from a
4
default, a judgment, an order_or other proceeding taken against the party, or for Permission to file an answer, in
5
accordance with the provisions of subdivision (h) of this rule.
7
8
9
Okay, so, really, you guys do this for a living, right you serve people thirgs....and sign Affidavits under penalty of
10
perjury and stuff, and you are telling me you believe 'personally served" can included situations where the person was not
there? Okay ... You do know that, like, a Summons and Complaint need to be "personally served" in the sense that, say
Machem, would need to ace that. person and serve it on them (1 don't think they have to take the paper, they don't need to
agree to accept service, but Tvfachein dues need to see that person, in person, personally when he is swearing under
penalty of perjury that he "personally served" somebody. Usually "personally served" is only done in the case of the Cost
thing fthsi (unless there is enfrP) in a case, the Summons and Complaint. Thereafter, typically, people just effect
"substituted service" because its cheaper, less of a hassle, and "personal service" is only required for serving the pleadings
that start. a case, the Summons and Complaint. Wow Okay, so this is my whole point, these state sponsored lockouts
under color of static law should not be being done so fast, unless you guys "personally serve' the tenant, I feel the law is
quite clear, you have
ro effect "substituted service' which, under MRCP 6(a) and 'MRCP 6(e) and NRCP 5(bX2) (and
MRCP, not JCRCP is applicable to eviction matters according to NRS i t KA) the tenant cannot be deemed to have
received or constructively received the Order until the 3 days l'or mailing has passed.
Personal service by process server
-
-
NOTICE OF APPEARANCE AS CO-COUNSEL, AND MOTION TO JUSMISS
00694
00694
From: zachcoughlin 3-05-12 19:56am p. 6 of 48
To: 15S9ac9c-69b1-4598-88f6-3tdd36e
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Personal service is service of process directly to the (ix a) putty twitted on the 514111110M, complaint or petition. In most
lawsuits in the United States, personal service is required to prove service. Most states allow substituted service in almost
all lawsuits unless you are serving s corporation, LLC, LLP, or other business entity; in those cases, personal service must
be achieved by serving (in hand) the docinucnts to the "Registered Agent" of a business entity. Sonic states (Florida) do
5
not require that the documents actually be handed to the individual. in California and most o r states, he documents
mast be visible to the person being served, i.e., not in a scaled envelope. If the individual refuses to accept service, flocs,
closes the door, etc., and the individual has been positively identified us the person to be served, documents may he
'drop' served, and it is considered a valid service. Personal service of process has been the hallmark for initialing
litigation for nearly 1 0(1 years, primarily because it guarantees actual notice to a defendant ilia legal action against him or
her. Personal service of process remains the most reliable and efficacious way to both ensure compliance with
constitutionally imposed due process requirements of notice to a dere:It-41.ot and the opportunity to be heard. [21
1
". The
National Law Review: The Cor.tinuing Relevance of Personal Service of Process
And even if something indicates Coughlin 'knew* about the Order, much like in the case of Coughlin's that was
dismissed where the Washoe County Sheriff's didn't manage to get. the "personal service" of the Summons and Complaint
done in time, or 'sufficiently", opposing counsel in that matter could tell you that *actual notice" is not a substitute for
compliance with the service requirements.
Which is nice because folks like Richard Cr. Hill, Esq, have leas of an opportunity to voile the system and swoop in with
lockout than assert a bunch of hooey about NRS I 18A.46( "reasonable storage, moving, and inventorying expenses'
subjecting the tenant's personal property to a lien. Richard G. Hill insisted on throwing away the lag thing my beloved
grandmother gave me before she died 2 years ago in the town dump. He and his contractor lied about so many things,
including the Fact that they used my own damn plywood to hoard up the back porch of the property, then submitted a bill
to the court in an exhibit for $1.060 for 'securing' the
property (which doesn't really apply to NRS 1 1 A.46Os
8 -
NOTICE OF APPEARANCE AS CO-COIThiSEI, AND MOTION TO DISMISS
00695
00695
Eras: zachcoughlni 3-D5-12 10156aa p, 9 of 40 To 1599ac9c-69b1-4590-08f6-304d36e
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"reasonable storage moving and inventorying expenses" like it is requited to_further, the charged me $900 a month for
2
storage and sent me a bill for such prior to my arrest for trespassing at the 123 River Rock loration,...weli if they charged
me $900 to have a home law office there, then how is itsomeene could be trespassing if they are being charged the full
rental value for "use and occupancy of the premises"? Further, even if it was a storage situations, there are sections of
NRS 11 RA devoted to evicting someone from a storage facility, not arresting them for trespass, and certainly not a
custodial arrest where the 121'13 Officer Carter and Sargent Lopez admit they never issued a warning to me or asked me to
leave prior to conducting a custodial arrest (which required $800 of bail, great!. and 3 days in jail, no less). This is
especially poor Conn where Officer Carter admitted to me that he takes bribes from Richard Hill. Hey, if Officer Carter
did ribt say that tome, go ahead and sue me, my man ...Pm waiting.....thafs what l thought.
He can say he was joking all he wants, but it ain't no joking ass situation to me when you arc arresting me and causing a
g,00gle search result for my name to show an arrest...Alan's damaging the only thing I have of monetary value (my
professional reputation and nume). It ain't no stand up hour when you are putting me in cull's, bro. And Officer Carter and
Sargent Lopez refused to properly query Hill as to whether he had sent. me, prior to the trespassing arrest, a bill for the
'full rental value" of the property, a value that, at $900, was the same charge for the full "use and occupancy" of the
premises. And Richard G. 14111, Fssq. was too busy chortling and tilling out the Criminal Complaint to bother setting them
straight, despite my cues. I guess.
Now, add to that malfeasance the fact that Judge Sferrana let Casey Baker, Esq. prepare the Order, which means
faithfully put to writing what the Judge announced, not attempt to steal $2,275 for your Californian Beverly Hills High
School graduate neurosurgeon client by slipping in something the judge never said, ie, that the neurosurgeon gels to k eep
the $2,275 that Judge Sferrazza order the tenant to pay into the Reno Justice Court as a "rent escrow' deposit required to
preserve the right to litigate habitability issues. Now, nevennincl the fact that Judge Sfen
-
azza actually did not have the
jurisdiction
to require that (there is not JCRLV 44 in Reno, that's a Vegas rule, and if Reno wants it rule like that of its
- 9 -
NC)TI
E OR APPEARANCE AS Co-COUNSEL AND motioN TO DISMISS
00696
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1
own JCRCP 03 requires the RIC to publish it and get it approved by the Nevada Supreme Court first._ period.).Okay, so,
2
to take it a step even further, Baker's order goes on to say 'but the $2,275 won't be released to the neurosurgeon yet,
3
"instead that sum shall serve as secunty for Coughlin's cost on appeal.pursuant to Nevada JCRCP 73...".But wait, doesn't
4
that mean Coughlin then gets a Stay of Eviction during the pendency of the Appeal? Taut.' that was a security that large
5
must be for? Because the "Appc41 Bond' is set by statute at only a mere $250....so holding on to 1 0 times that much of
6
Coughlin's cash must have been for the "Supersedens Bond" mentioned a yielding one a Stay of Eviction in NRS 40.300
7
and 40.305
8
9
1 0
1 1
I know.I know, its confusing because actually those sections force the :andlord, his attorneys and the RJC to choose
1 2 between viewing Coughlin as a residential tenant whose rent is Jess than Si poo, and whom therefore is only required to
1 3
post a measly supersedeas bond of $250 (end remember, a snriersarlaas bond equals a stay of eviction equals not
1 4
trespassing) or the the other choice is to view Coughlin as a commercial tenant, which would allow charging a higher
supersedeas bond (except for that pesky part about his rent being under the $1 ,000 required by the statute to do so, his
1 5
rent being only $900), except, darn it, old 1 Schard Cr.Bill, Esq.and Casey Baker, E.sq.elected to pursue this summary
1 7
eviction proceeding under a No Cause Eviction Notice, which is not allowed against 3 commercial tenant (ie, you can't
1 8
evict a commercial tenant using the summary eviction procedures set forth in NRS 40.253 unless you alliege non paymen
1 9 of rent and serve a 30 Day Non Payment of Rent Notice To Quit, which they didn't because they "are just taking the path
20
of least resistance here, Your Honor (insert their smug chuckling and obnoxicusipretentious "can you believe this guy?'
21
laughter and head shaking...).
22
23
IvRS 40.380 previeione governing appeals. Either party may, within 10 days, appeal from the judgment rendered.But an
24
appeal by the defendant shall not stay the execution of the judgment, unless, within the 1 0 days, the defendant shall
25
execute and file with the court or justice the defendant's undertaking to the plaintiff, with two or more sureties, in an
26 amount to be fixed by the court or justice, but which shall not be less than twice the amount of the judgment and costs, to
27
the effect that, if the judgment appmiled Cron, he a Mimed or the appe, -il be dismissed, the appellant will pay the judgment
26 and the cost of appeal, the value ol'the use anti occupation of the property, and damages justly accruing to the plaintiff
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NO_TICE O1 APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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To 1699ac9c-69b1-1531-88f6-30&136e From zachcaughlia 3
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during the pendency of the appeal. Upon taking the appeal and filing the undertaking, all further proceedings in the case
2
shall be stayed.
3
30. why on earth is the City Attorney's Office still trying to try Coughlin on the trespass charge for which he endured a
custodial arrest and for which old Richard Hill is still filing Motion's to Show Cause on in the appeal of the summary
5
eviction matter in CV1 I-03628? Why, oh why? Does the Reno City AttomeYs Office have some sort of vested interest in
6
keeping Coughlin down, busy, besotted, encumbered, or otherwise? It why, it couldn't be because Coughlin has a really
good wrongful arrest cause of uction against the Reno Police Deportment could ia http://wv.e.v.youtube.com/watch?
6
v

5FR7n 4015110
9
And, well, yeah the Washoe County Sherdt's (Inks." didn't quite get those Summons and Complaints served in that one.
10
case Coughlin was suing his former employer in, the one where Coughlin was granted an Order to Proceed In Forma
11
Pauperis, which required the Woshoe County Sheriffs Office 10 serve the Summons and Complaints....But what doe_s that
12 have to to with the 6 days Coughlin spent in jail cm the arrest shown in the younitee video above? Its not like the Washee
13 County jailed videotaped a scene where they were forcing Coughlin to get naked and put on a green dress. What's that? It
14
is? They did do that? Really? No...What? They also forced him to simulate oral and anal sex with deputies, in the guise of
15
some ridiculous "procedure" necessary to insure Deputy safety? Oh, wow. And they retaliated against him for failing to
16
answer their religious preference interrogation questions by placing him in an icy cold cell for hours at a time, refusing
him medical care despite his plaintive, cries for help, while wearing ii thin t-shirt? Wow. They didn't jam a laser needle in
/8
his spine for extended periods of time, though, did they? Your kidding/ Vv'hats next, your going tell me Sargent Sigfree of
19 the Reno PD ordered a custodial arrest on Coughlin for 'jaywalking' while Coughlin was peacefully filming, from a
20
public spot, Richard G. Hill's fraudulent contractor Phil Howard destroying and taking to the town dump items of
21 enormous sentimental ratio to Coughlin that he was prevented from retrieving from the property during the scant time he
22
was allowed to (after he paid :5480 worth of a hen for what he knew riot, beea
.
ise, despite, of Contractor Phil's fraudulent
23
$1,060 bill for 'securing' the hack porch (with screws facing the outsick, inexplicably, and a window unit a/c left in the
24
window facing the sidewalk near the Lokemill Lodge, secured by nothing but duct tape
25
It is kind of a combo neon sign that says "Burglarize this Place, Everybody!'), Coughlin's former home law office was
26
burglarized on December 12, 2011 while Richard ti. Hill was holding its contents (including, taelcdy, Coughlin's client's
27
tiles, like the ones for the foreclosure defense, actions, etc.), asserting his "lien'. A lien for "storage" where the charge far
29 storage, $900, was the same as the charge for 'ful l use and occupdiny" was. However, that $000 o month for "storage" a
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NOTICE, OF APPEARANCE A S CO-COUNSEL AND MOTION TO DI MISS
00698
00698
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To1.699ac9c-69131-95511-88f6-30d06e
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included another S1.060 charge for "securing
.
' (and thatbill actually listed "fixing aleakin the basement...neither of
2
which seem tohave much todowith the "reasonable storage, moving, and inventorying' expensessuch alien isprovided
3
lbr under NRS 11SA.460 ...). Jeez, your probably going totall me SargentSiglree ordered another custodial arreston
4
Coughlin justtwodaysafter the jaywalking arrest, for the same factpattern thatMaster Edmondson granted Coughlin's
5
applicationsfor ProtectionsOrdersagainstbased upon the battery and assaultsthathisformer housernalescommitted.
6

Because. SargentSigfree thinksits"misuse of911" for Coughlin tocall when he returnshome atnightand hisclog has
mysteriously disappeared, end hishouseinatesmake menacing commentary aboutit. Surety, Coughlin, aformer domestic
B
violence attorney would have nothing helpful toadd toSarimetSigfree'sexpertopinion that"animal abuse isnot
9
domestic violence" (tell thattoNRS 33.010. Sarge) and that its. rather, "amatter for animal control" and thatSargent
10
Sigfree was"trying tohelp" Coughlin by arresting him. Elwin, and necessitating the 51,500 bail associated with the gross
11.
misdemeanor charge, "tvItsuse of911
C
because. asSargentSigfree told Coughlin ''you keep putting yourselfin situations
12
where you are victimized" soitwasnecessary toarrestCoughlin in thatregard.
13
Buthey, atleastNV Energy hasn'trefused to et Coughlin getany electrical service for the pastweeksince those
14
with the Protection Ordersagainstthem cancelled the service and NV Enemy shutitoff, withoutproviding any notice to
15
Coughlin, right. Nevem incl. But...but surely when NV Energy shutofthe power toCoughlin'shome law office on
16
October 4th, 2011, justhoursprior tothe bad faith "inspection' with vidoographcr ofCoughlin' shome law office that
1
-
7
Casey Baker, Esq thoughtsovery necessary one day befum Coughlin'sTenantAnswer wasdue...surely NV Energy did
18
not leave the backgate toCoughlin'shome law office open and speed off, Coughlin's
.
Peloved mountain bike suddenly
19
missiog (the one the pnrent5 or hisgirlfriend of5 yearsgave him)? Well, NV nnergy isprobably riot retaliating against
20
Coughlin for complaining aboutthatby refusing him electric say ice for the pastseven days, you would have toassume....
21
NRS 40.3115 Stay ofexecution upon appeal; chuy oftenantwho
retainspossession ofpremisestopay rentduring stay.
22 Upon an appeal from an order entered pursuant toNRS 40.253:
23
1.Exceptusotherwise provided in thissubsection, astay ofexecution may be obtained by filing with the trial
29
courtabond in the amountor $250 tocover the expected costsan appeal. A surety upon the bond submitstothe
25
jurisdiction ofthe appellate courtand irrevocably appointsthe clerkofthatcourtasthe surety'sagentupon whom papers
26
affecting the surety'sliability upon the bond may be served. Liability ofasurety may be enforced, or the bond may be
27
released, on motion in the appellate courtwithoutindependentaction A tenantofcommercial property may obtain astay
29
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NOTICE OF A r P1E4RA NCE AS CO-COUNSEL AND MOTION. TO DISMISS
00699
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of execution only upon the issuance of a stay pursuant. to Rule 8 of the Nevada Rules of Appellate Procedure and the
2

posting of a supersedeas bond in the amount of 100 percent of the unpaid rent claim of the landlord
3
2. A tenant whc retains possession of the premises that arc the subject of the appeal during the pendency of the appeal
4
shalt pay to the landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it
5
becomes due. If the tenant fails to pay such rent, the landlord may initiate new proceedings for a summary eviction by
6

serving the tenant with a new notice pursuant to NRS 40.253
7

NRS 40.390 Appellate court not to dismiss or quash proceedings for want of form. In all cases of appeal under NRS
it
40.220 to 40.420, inclusive, the appellate court shall not dismiss or quash the proceedings for want of form, provided the
9
proceedings have been conducted substantially according to the provisions ol'NRS 40.220 to 40.420. inclusive; and
10
amendments to the complaint, answer or summons, in matters of form only, may be allowed by the court at any time
11
before final judgment upon such terms as muy be just; and all mutters of excuse, justification or avoidance of the
1. 2
allegations in the complaint may be given in evidence under the answer.
13 NRS 40 400 Rules of practice. The provisions of NRS, Nevada Rules of Civil Procedure and Nevada Rules of Appellate
1.4
Procedure relative to civil actions, appeals and new trials, so fur as they are not inconsistent with the provisions of NRS
15
40.220 to 40.420, inclusive, apply to the proceedings mentioned in those sections.
16 But, back to the Sheriffs Office. And, I am not really buying the idea that you guys don't know NRCP 4 through 6 like
the back of your hand, but....hell, maybe you don't But, clearly the language in NRS 40 about how the Sheriff may
"remove tenant from the property within 24 hours of receipt of the Order" do not apply where the Tenant filed n Tenant's
Answer and showed up to the Bearing and litigated the reader. Especially where, as here the lease had not terminnted, by
its terms, but was rather renewed. This is particularly true where NRS 1 1 8A prevents so terminating a holdover tenant's
lease for a retaliatory or &scrim matory pur pose
MRCP 4: "(d) Simmons: Personal Service. The summons and complaint shall he served together. The plaintiff
shall furnish the person making service with such copies as are necessary. Service shall be made by delivering a copy of
the sunions attached to a copy or the complain: as follows:...(6) Service Upon Individuals. In all other crises to the
defendant personally, or by leaving copies thereof at the defendant's dwelling house or usual place of abode with some
person of suitable age and discretion then residing therein, or hy delivering a copy of the summons and complaint to an
agent authorized by appoinUnent or by law to receive service of process. [As amended; effective hinuary 1, 2005.] (e)
Shine: Other Service. (1) Service by Publication, (i) General. In addition to methods of personal service, when the person
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INQTICE Oar APPEARANCE, AS CO- COUNSU AND MOTION TO DISMISS
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on whom service is to be made resides out of :he state, or has departed from the state, or cannot, after due diligence, be
2

found within the state, or by concealment seeks to avoid the service of summons, and the fact shall appear, by affidavit, to
3
the satisfaction of the court or judge thereof, and it shall appear, either by affidavit or by a verified complaint on file, that
4
a cause of action exists aftainst the defendant Ti respect to whom the service is to be made, and that the defendant is a
5
necessary or proper patty to the action. such court or judge may grant an order that the service he made by the publication
6
of summons. Provided, when said affidavit is based on the feet that the party on whom service is to be made resides out of
7
the state, and the present riddr..s of the party is unknown, it shall be a sufficient showing of such Fact if the affiant shall
state generally tr. such affidavit that at it previous time such person resided out of this state in a certain place (naming the
9
place and stating the latest date known to orient when such party so resided there); that such place is the last place in
10
which such party resided to the knowledge of of tent that such party no longer resides at such place; that affiant does not
11
kilo* the present place of residence of such party or where such party can be round; and that offiant does not know and
12
has never been informed and has no reason to believe that such purty now resides in this state: and, in such case, it shall
13
be presumed that such party still resides and remains out of the state., and such affidavit shall be deemed to be a sufficient
14
showing of due diligence to Lind the defendant This rule shall apply to all manner of civil actions, including those for
15
divorce'
16
Subject: RE- WC.S0 Deputy Machem's "personally served" Affidavit of 11/1/2011
1'7

Date: Tue, 7 Feb 2012 11:40:39 -0800
111
Prom: T..Stuohntl@wa_chnocounty.us
To: mchcoughlin@hottuatt.Caln
CC: mkandaras@da.wa.shoccounty.LIS
Mr. Coughlin,
Our records indicate that the eviction conducted on that day was personally served by Deputy Machen by posting a copy
of the Order to the residence. The residence was unoccupied at the time,
Liz Stuchell, Supervisor
WC.SO Civil Section
Front: /ech Coughlin [mailto:zaohcoughlin@hotmail.corn]
Sent: Monday, February 06, 2012 2:58 AM
-14 -
NOTIC1E OF
APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
00701
00701
fro., llCllcoaghUI
1 To: Stuchll. liT.:. KIllCMr>I5. MIu'y; nvrenopd@coploaic.com;Si]YLRoxanne;l:lIdli<:j@reno.p;
2 focrtheaw:e@amRi I.CQl'I'I :jDme1lll0(rcboie5($mln.cOOI
3 Subj&cc WCSO Deputy M3chcm's suvc.d- Anirl;ml of 11/lnOll
4 De:u IA Svpefvifur Stuchell and DDA Kand:tras.
:; I ll'IIlizc YOll will lik.ely rwl reIO<l 1111 " fthis. The Inllin thing is 1 11m n:-.pectful1y ro:questing th:rt.YOU carlli"" with Deputy
6 Machom that hI: did, in filet, "pcrumaUy \he SUlnmwy Eviction Order on me at 121 RJVOl' Rndt St., Reno 89501 on
7 NovQ11bc.r I, 2<)11 at 04;)U pm. in eonnedion with performi", tho lodoout. II j .,; my poJit.ion that 1_ not 'person:1lly
a lind I 1m trying IIJ fiiure out whcthQ'" Deputy Machem is lying or whether the phruc "ptnOnAlly served" mcam
9 soml:ihirll.Hher \han what J bc:licyc il m<.ll nll., .. ctc. I a.ppcucilllc)'OUT rrttentlon to Ill " .
10 'am writina to il'llluire.hout and complain with I"C\I.Ard to lin AffKlavit of Service filed by or for WCSO DtpuIy MAchc:m
11 .... ith respect to the service or. Ordct OnlllUna SQnmnry Evietion II{;&insI me (in my 1Iw olIioc. ",he ... non'p')'tncnl of
12 I1mt ""u not al1eced. no lu.. in violation ofNRS 40.253 tITld .... bert:. n.27S rCJ1t escrow deflOlit was foisud UpOn m( in
13 violatlM of 4O.lS3(6). where II sboy uf eviction IVU notp.raotcd C"en while the rue held on Ie most all my
1 4 ... l .
\ 5 My i"1Ie with Ihe WCSO is lhat Machem's J\Qidll\'u of S<:rviee he K(\"ed me, whid-! kind of
16 remind. m. or . 11tht>t robo''''gJliog "n<! MER.'! Cnoud ( come in my do.y job (Ind doyou wonr mw many
17 IIUOmcya itI!be Coro;l .... ure <:k{<:nSe G"1"e I nm in Conlil<:1 lVith who are Ind witness the potential RICO
18 yi,,',,",,", !hi. writing mentiON?), which includes being. Coreo;losure clcr"...., "'lOr"TIey. Sc whidl is it? Did MAdw::n
19 "pSOna!ly Mn'e" m( the SUmmlll')' Evi<:tion Order'1 Ridw-d O. HiU. Esq. uk", to ar;ue th. t I "'lIS 'KrYed' in
ZO <:ompl iclnu ",l it! ,II time "Ii.led Nl.-. il wa. cIo)ne in the ""'lUl l custom ilIldpraetioe oCthe WC$'J. Whnt, cxa.ctly.
:.11 ;slb: usu.l aullOm und WC.'>O/l henr I In! abol.ll this ' within 24 hours' "lUff. So, I an hunt ins for some
22 bind< ["Iter law 1.0 au[)pol1 '''Nol thole .. ' lhelUC nnd in tho ,,[udea oommunity .. , ( .... hieh often includuNevada
23 LegvI Servioe, 1111<1 W!I$hoo.: LCW'-I Scfyicc:s. Ihe peopll! you QIl)'J hlId $UCh trouble iICtWIlly iIC"in& in the lawlUits I filed,
24 .... hich may Nove lC\uolly belped improved in tl,i" oouom .... ity. i1hI.y _e not m...iaud cbo to
2S insuffic;et)C)' of serv;u even wtJera the If.-p required the WCSO to :lCrved the dclcncknla. ... ). Anyway, bcdc 10
26 the ... ithin 24 hours' phns.cclogy:
28
1.5-
NOTICE OF APPEARANCE AS CQ.CQlINSEI . AND MOTION TO DISMISS
I
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00702
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IO:S'_ p. 11 of 4D
In. orckr tobling a elaim under eilher Title vn or the ADA,. a Illainlicrmu:.i e.WUSt odminiRlll\.ive rcmcdiQ and sue
wirhin 90 dey,. of roeeipl of . righlro ,lie lolter. !XII 42 V.S.C. 2000c-S(f)( J). S", U.ldwin County W"kom .. Center v.
Brown. 466 U.S. 147, 14!t n. l, 104 S.Q. 172.1, gO \...1.ld.2d 196 pl3inlilf:>.n additiOOllI three: clays for
mllilina p<nuant \0 Rulli 6) .
"Pplio;:abiljly o(the 1CRCI' loe_like \hac. NRS 40.400 Rules holds Ihllt provi5iono ofNRS. Nn.dr.
Rules of avil Prooec.lure Rnd Nevada RlIlcs of Al:l\X' llwte Procedure rel ative to civil action .. oppenls ond new lIi8.ls, S) rv
not in<:an;,.i..sI:mI Wilh the prO'l;MonI orNRS 40.220 10 inc;lusive. opply to the
1f1 v.ctlnM.. . ...,.. N"RCP 6(,,),(<:) Mpplies tn!he: Orlll:r of Eyiction dllll WCSO Dcpuly Macbc:ln II.Jleeed.
un,ur pc!)lli ly orpeljury, Ihatl10 po.:nonal1y "r,cd' upon on NOYcmbcs- 1, Z011 . Thpt lie by Mr. Machcm, lrllcu
served" ;1 defil"lCld in. ",!her impenonol WfI}' .nd or Mochml 011<1 I ",,"VII loudly different undel"llandina of the
definition o("pcnon, lly scrt'e4', which may be the case. Or, pcrllapl thcShaifr. omec is bllsy and donn'! want to ... ait
at<">lrId 10 pcnonally servc cvery il w;'h. 10 evicl. Fine. thenjusl use "mAil ilillnd .\1010' threII days" rule in
NKCP 6(e). .. 1he landlonj', mi&ht not lik .. it, bul they ellIl we thllt fruslrol ion 11:1 1m incentive not to jump 10 litigating every
my cuc.,l ollmd 10 rlX boam things thaI eJearly the hebil.bi liry rules in NRS 11 8}"290 and lhe Califomian
Beverly Hil1 Hijlh Schoot IJIlldl.mto landlord balked ond complained then hin!d and altomey four day, into
.. llisput" ..... lIt which polnllhe lUI"" agaiJulc,,"IIldil"8 rcptcunl.ed pu1ics ptevell1cd much in \he WAy or real -.ct:tremcnt
di_im. pticuklrty wftertl opp.ning cowacl n.. c<:n.inuoudy demomtrotod a complele indirror-ncc to
settlement (why wClllld tu: ill the til'" he bilk hours 111"1).1 just don't think the Shcrirr . Offio;c need. losuUy lis im;,ge or
dnm_go th4 O>Iw.cn lennn .. of W .. stw>o Co\>n1y ;n , he noome ofpl ..... 'Ili P''':IJ>I .. l ik. Dr. Moll ),.t.,rI '" <IT Richotd G. Hill .
I AM REQl.ffi.<mNG.1N WRJTJNO. THATllOTH 011 YOUROFFlCES fN'VESTlGATE n os AND
PROVIDE A SWORN AFFIDAVIT FROMMR. MACHEMTHAT ADMITS tHAT I WAS NOT I'BRSONALLY
PRE.1ENT WHEN 1m SER,VEDTHE ORDI!R FOR SUMMARY eVIC"J"lON IN lUCltEV2011..oo17011QN 1111112
AT 4:30PM(ACCORDIN(; TO Ins AFFIDAVIT OF SCRVICIi). YOU NnvnR KNOW. I MIGJITIIAVU
LRRfoFUTABLE I'ROOFl"HAT (WASSOMEW!iEREELSB 1\1 TJ-LATTIME. so. BECAREi-1JL. SlIIlplyt.
_17.
NOTICE OF ArPEARANCE AS CQ..COIJNSEL AND M(YIION TO DISMISS
00703
00703
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not anything specific in 'Nevada law addressing, how such Summary Eviction Orders are to be served and earned out The
sections dealing with
NRS 40.253 Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant tbr default in
payment of rent....
6. Upon the filing by the tenant of the affidavit pemiilled in subsection 3, regardless of the information contained in the
affidavit, and the filing by the landlord of the affidavit permitted by subsection 5. the justice court or the district court
shall hold a hearing. after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of
any affidavit or notice provided for in this section. If the court determines that there is no legal defense as to the alleged
unlawful detainer and the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the
tenant or an order providing for the nonadmittanee of the tenant._
7. The tenant may, upon payment of the appropriate fees relating to the filing and service of a motion, file a motion with
the court, on a form provided by the clerk of the court, to dispute the amount of the costs, if any, claimed by the landlord
pursuant to NR.S 1 1 8A.460 or 11 8C.230 for the inventory. moving and storage of personal property left on the premises.
The motion must be tiled within 20 days alter the summary order for removal of the tenant or the abandonment of the
premises by the tenant, or within 20 days after:
(a) The tenant has vacated or been removed from the premises; and
(b) A copy of those charges has been regoe.sted by or provided to the tenant,
g whichever is later.
8. Upon the filing of a motion pursuare to subsection 7, the court shall schedule a hearing on the motion. The hearing
must be held within 10 days after the filing of the motion. The mutt shall affix the date of the hearing to the motion and
order a copy served upon the landlord by the sheriff, constable or other process server At the hearing, the court may:
(a) Determine the costs, if any, claimed by the landlord ptusuant to NRS 118A.460 or 1111C.230 and any accumulating
daily costs; and
(h) Order the release of the tenant's property upon the payment of the charges determined to be due or if no charges are
determined to be
also want to know why NRS 40. 253(11) was not followed with respect to my November 17th, 2011 tiling of a
Motion to Contest Personal Property Lien. Why didn't the WC SOserve notice, as required by NRS 40.253(8) upon the
Is
mdlord's attorney Richard Hill? Why didn't 1 get a hearing within the 10 days called called for by that section (to get
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
00704
00704
zachcooghl in 3-0S-12 10.56am p. 19 of 40 To: 1699ac9c-69h1-4598-86f6-30d06e
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backmy client'sfilesnoless), butrather, I had towaitafull 33 daystogetahearing and service ofnotice ofthe hearing
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wasnoteffectuated, asrequired by NRS 40.235(8). by the WCSO. Why?
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Please provide an indication, in writing, ofthe namesand case numbersfor the last20 incidenceswhen the
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1.
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,
,
C.30 hasserved notice ofahearing setpursuanttoMIS 40.253(8). What'sthat? The WCSO hasNEVER served such
notice? Yetthe WCSO isthere with bellson (or Mechem is) tolie in AffidavitsofService tolockoutthe citizen tenants
Washoe County impermissibly early v isav isNRCP 5(b)(2) and NRCP 6(c)? Why isthat? Isitaconspiracy? Does
money talk? When I wasarrested for trespassing on November 12th, 2011 by RPD Officer ChrisCarter and Sargent
Lopez, Carter admitted tome that"Richard Hill payshim alotofmoney and therefore he arrestswhom Richard Hill says
w and doeswhat Richard 1-lit! saystodo....* Roth Curter and SargentLopez refused toinvestigate, despite prompting.
whether Richard Hill hassentthe temantiarrestee abill or derntind letter in hill for the full rental value tithe property,
$900 per month, under sonie interpretation ofthe "reasonable storage. moving, and inventorying expenses' collectable by
alandlord under apersonel property linc setforth in NRS 118A.460 (one could alsointerpretsuch abill asHill's
withdrawing or eradicating the Order ofSum/limy Eviction itself, which wasnot'personally served' by the Washoe
County Sheriff(despite whattheir AffidavitofService says...I wasn'teven there atthe time ley changed the locks...and
sothe Summary Eviction Order wasnotproperly served under NRCP 6, and despite the RenoJustice Court
impermissibly converting $2300 ofmy money under a"rentescrow'. Order itsrequired I comply with in order tolitigate
habitability issuesin asummary eviction proceeding under NRS 40.253, despite NRS 40.253(6)'sexpressdicate against
such an Order (unless, pursuanttoICRCP131, ajustice courtgetssuch arule, like Justice CourtRule ofLasVegas
(JCRLV) Rule 44, published and approved by the NevadaSupreme Coen, which the RJC hesnot, rather, the RIC applies
all these insidioussecret"louse rules` (like forcing tenantstodeliver themselvestothe filing office tosubmittopersonal
service notice ofastunt-nary eviction hearing within. like, 12 hoursofthe Tenantfiling aTenant'sAnswer or Affidavitin
response toan eviction Notice, rather than the service requirementsofsuch notice following NRC:P 6 (daysfor mailing,
etc., etc., in other words, in the RJC everything issped up imocriizilby tohelp landlord'sout, and the NV. S. Ctruling in
Glazier and Lippisclearly contemplate personal liability againstthe Court and or Judgesthemselvesfor sodoing)....A
Qui'ram action or
something alaMausert'sin SolanaCounty, I believe, in California. would be very interesting...Still
haven'theard anything from the RenoPD aboutthe variouscomplaintsI have filed with them in writing related tothe
wrongful arrests, excessive force and other misconductcommitted againstme, though they did arrestme the other day for
calling 911 incident. tosome domestic violence for which I wasgant.cd toExtended Protection Ordersagainstmy former
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NOTICE OF A
MARA NCE A S_CO-COUNSEL ANT) MOTION TO DISMISS
00705
00705
from radical:Alin 3-0S-1Z 10:56as p. N of 40 To: l699ac9c-69b1-4598-80f6-30dd36e
1.

houseniatffi....old Sargent Sigfret ordered that arrest, as he did two days prior when he ordered a custodial arrest of me f
2
"jaywalking".
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Funny thing, I never heard anything back from the RPD about complaints like the following one:
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"From:
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NvRenolkkjteoplogic.com
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Sent:
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Wed 9/07/11 10:51 PM
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To: zacheoughlinhotmail.com
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*""'"DO NOT RESPOND TO THTS E.MATT."`"
10 We're sorry the following problem was found during review
11 of your submitted report T )1005956:
12 THIS IS NOT THE FORUM FOR THIS TYPE OF COMPLAINT HOWEVER THIS REPORT WAS PRINTED AND
13 PASSED ON TO THE OFFICER'S SUPERVISOR AND IT WILL BE ADDRESSED.
14
Thank you,
1.5
Officer WOZNLAIC,
16 Reno Police Depaitment"
17 What is interesting there is that at least I was provided the name of an officer, a "Wozniak' (though I have been unable
.
to
18 confirm the existence of
19 such an RFD Officer... or whether " THIS IS NOT THE FORUM FOR THIS TYPE OF COMPLAINT HOWEVER
20 THIS REPORT WAS PRINTED AND PASSED ON TO THE OFFICER'S SUPERVISOR AND IT WILL BE
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ADDRESSTsD. "
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What is more strange is that T submitted several online police reports to the Reno IV (a couple of which asserted
23 complaints against various Rena PT) officers, or asked why RT.W Officer Carter, whom admitted taking bribes from
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Richard G. Hill. Esq. at the time ofmy custodial arrest for trespassing (the one where Richard Hill signed a Criminal
25 Complaint for trespass, then Officer Caner and Sargent Lopez refused to follow up on my imploring them to ask Hill
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whether he has recently sent me a bill for the "full rental velue" 1.1f the property, the same amount that had been charged
27 for the 'use and enjoyment^ of the premises, 5900, in uompsirision to what NRS 1 I 8A.460 may deem 'reasonable
28 storage" expenses for which a lien is available to a landlord. though NRS 1 d RA.520 has outlawed rent disiraints upon
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISML$S
00706
00706
To 1698ade-69b1-4590-88f6-30da36e From zachcoughlte 3-05-12 10:55am p. 21 of 40
tenant's personal property....Regardless, between January 8 - 12th, 2012, and was arrested twice by the Reno PD shortly
after submitting these written complaints to the Rene PD.
Actually, upon being released from jail on November 15th. 2011, incident to the custodial trespass arrest, I went
to Richard Hill's office to get my wallet and driver's license. 41e refused to provide it to me until late November 22nd,
2011. Hill called the Rene PD on the 151h (or maybe I did because he was withholding my state issued ID, the one I
would need to rent a room, drive my car, and my wallet, which is kind of useful in such situations...). Anyway; Sargent
Tarter of the Rena PD showed up, he went inside Hiffs office with Hill for quite some time and the result was Tarter
telling me to leave. I did, but while driving down St. Laurence towards S. Virginia (Hill's office is at 652 Forrest St.
89503 and would have required turning down the wrong way of a one way street, Forrest, to go back to Hill's Office (so
clearly I was not headed to Hill's office) Sargent Tarter began tailing me, then he pulled me over, then he gave me a
ticket, in retaliation if you ask me for reporting RPD Officer Carter admitting that he takes bribes from Hill to Sargent
Tarter minutes earlier. 1.Th. well, anyways, another Sargent calls me later that night, taking the 'good cop' role. But upon
informing him of whatRPD Officer Carter told me about Hill paying him money to arrest people during the 11/12/11
trespassing arrest, that Sargent immediately informed m e that, despite this being the first he heard of that, he was sure that
was not happening....I guess RPD Officer Carter is trying to explain away his comments about Richard Hill paying hint
money to arrest people by dismissing them as sarcasm, a joke, sold in jest, whatevcr....but I don't see how that situation (a
license attorney getting arrested for a crime, a conviction for which would result in that attorney being required to report
said conviction to the State Bar of Nevada under SCR 111, am. and possibly resulting in a suspension of that attorney's
license to practice law, or worse...) is all that jocular of a situation. Combine that with the too quick to dismiss my reports
of bribery by Richard Hill to officer Carter to the RPD Sargent who called me on 11/15/11 regarding the retaliation by
Sargent Tarter that I complained of, and I don't. think it is all that unreasonable for anyone to take RPD Officer Carter at
his word regarding Richard 0.11111, Esq. paying him in oney to arrest whom Hifi says to arrest. Add to that Sargent
Sigirce ordering my arrest for jaywalking (by a trainee 14PD Officer) on January 12th, 2011 (custodial arrest, bail of 8160
emptied my hank account out, or pretty close to it) while I was peacefully filming from a public spot Richard G. Hill,
Esq's contractor Phil Howard, whom had submitted bills in courts records and ftlings under the lien for "reasonable
storage moving and inventorying" found in Nit S 118A.460, even where old Phil used my own plywood at the property to
board up the back porch (curiously leaving the screws holding up the plywood exposed to exterior at the property where
anyone could easily unscrew them, and also leavin2, in a window unit ac secured only by dueller; in a window facing a
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NOTICE OF APPEMIANCE AS CO-COUNSEL., AND MOTION TO
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To: 1699ac9c
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sidewalk by the 1.akeMill Lodge....which resulted in $ R.000 la least of my personal property being burglarized from my
former home law office on Decmeber 12th, 2011 while Hill was asserting a lien on all ray personal property found therein
(and my client's tiles, which arguably are not even ray property, but rather, the client's property). 1.1111 went on to place
what he believes to be my social scctrity number in court records, on purpose, despite his sig,ning an Affirmation
pursuant to NRS 23913.0:10 that that was not the case (attaching a two page report to the RP1) as an rixhihit). Then Rill
and his contractor Phil Howard both committed perjury when the signed Dec:arations attesting that I had climbed on the
contractors truck or ever touched Pill. Hill lies constantly, whether under penalty of perjury or row, so I don't have time
to rebut every little lie he makes (ne makes me cut to conies across as a 'Yosemite Sam caricatire of a human being in his
filings when he describes me..-).
Further, why am 1 arrested for trespassing and not those from Nevada Court Scrvioaa where they went behind
closed gate the the backyard of my home law office and banged on window extremely loudly for 40 minutes at a time 3
times a day, one guy ringing the doorbell, one guy moving around all other sides of the property hanging on the windows,
peering in closed blinds, and affecting a phony "color of law' tone, resemblance, and verbal communications,
misleadingly announcing that they were 'Court Services, come out now!'', wearing their pretend Sheriff outfits, big
equipment saddled belts (including firearms, I believe, and radios), etc. ,etc.
http://www.youtube.comtwatch7v=jQ 132q207DY
Add to that that Nevada Court Services Jeff Chandler drives by in his Monster Truck baring his personalized "NCS"
license plate while I am in the RT') squad car
:
handcuffed, outside my former law office at 121 River Reck, at the time oft
the 1112/12 jaywalking arrest and the appearances are troubling Now, add to that that Low Taitel, Esq. was my court
appointed pudic defender in the Reno Munrcipal Ceurt in the trespass case, and that :udge Gardner had refused to
provide me the names of prospective appointal defense counsel (I wanted to run a conflicts check) at my arraignment
(where Marshal .1vIentzel barked at me in a threatening tone, using menacing language), whereupon Teitel was appointed
as my defense attorney and filed a notice of appearance, and received my confidential file, pc sheet, arrest reports, ran,
etc only its turns out that Taitel stones and office and a receptionist with Nevada. Court Services and they list him and
his picture on their website as 'associated with their Process Server corporation, despite the prohibition lawyers face
against fee sharing with non-lawyers. Then, Ta i 1:.1 somehow manages to get out of defending toy case without filing a
Motion to Withdraw as Counsel, despite that being required by the Reno Municipal Court Rule 4(T3):
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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RMCR Rule 303): Authorization to Represent ( B): An attorney desiring to withdraw from a case shall file a
motion with the court and serve the City Attorney with the same, The court may rule on the motion or set a heating.
But, perhaps mast troubling of all is the implication that the Reno City Auomey's Office, which defends actions
against the City of Reno Police Departmatt and its Officers, has a vested interest in discrediting are in advance of the
wrongful arrest lawsuit that the Reno City Attorney's office knew was imminent at the time of all of the above incidents.
relating to the following August 20th, 2011 wrongful arrest by RPI) Officer's Duralde and Rosa
htlp://www.youtube.com/watch7s-5PR7q4015b0 So, that's what attempting to coerce a suspect's consent to en
impermissible search sounds like? Add to that that the trespassing case is before Judge Gardner, whom most recently was
employed with the Reno City Attorney's Office,
And, you know what is funny? Officer Del Vecchia cuffed me and placed mein his squad oar last summer eller
he terrified me and another gentleman who had bicycles. He veered across the road and screeched his squad car to a halt,
jumped out, and did some other stuff, then demanded my name and IDand the lawyer in me didn't like that that much,
and he didn't like me not wanting to give it to him. This occurred right in front of my home law office in the summer of
2011. He cuffed me and told me I was going to jail for something about a light on the front of my bicycle ( the one NV
Energy likely stole when the shut oft any power, unnoticed, on October 4, 2011) despite my bike actually having such a
light....hut then Dcl Vecchio's partner did him a solid and tnlked some sense into him, and I humbled it up for Del
Vecchio and we both let it go, and I didn't go to jail...Until Del Vecchio was present supervising some Officer's training
at the scene of my custodial ( 9 hour) jaywalking arrest) on 1112/12. But Del Vecchio, I gtaes either didn't want to or
wasn't able to talk some sense into Sargent Sigfree.....and the Sargent Sigfree ( the spelling is likely off) had me arrested
and charged with a grass misdemeanor, "Misuse of 911" just two days later, on January 14th, 2011 when 1 called 911 to
report that my roonun ales were laughing menacingly when I asked them why my dog was missing a had also been
chased up to my room numerous times since moving in with these people, something I had to do because so much of my
money had been taken up with hail or lost earnings due to all these wrongful arrests and abuse of processes mentioned
above_also these housemates had chased ma with a ten inch butcher knife, two of my tires were slashed, 1 was locked out
all night on New Years Even when these charged the locks at around midnight, had my furniture thrown in the street,
property stolen, coffee thrown on me. destroying my smart phone in the process, etc., etc...And despite the houseinate
having an outstanding arrest warrant, and animal abuse being hated amongst the elements of domestic violence, Sargent
Sigfroc told me, he was arresting me because I "keep putting yourself in these situations', like, where f am a victim, and
- 23 -
NOTICE
OF APPEA NC& AS CO-COUNSEL AND MOTION TO DISMISS
00709
00709
Fula: zachcoughlla 3-05-12 10:Skaa p. 24 of 40 To: 1699a0c-69131-4598-88f6-304d36e
thathe was"trying tohelp you", he said with asmirkand alaugh tohisfellow ItPD Officers, whom then proceeded to
2 use excessive force agninst me. I guess he was helping me by saddling me with a gross misdemeanor with a $1,500 bail,
3 especially where its been arranged for Court Services, or pre-Trial Services to forever deny me an OR, despite my
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meeting the factors for such set forth in statute (30 year resident, entire immediate family lives here, licensed to practice
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law in Nevada, etc., etc)...1 guess it should not be too much of a surprise to me that Reno City Attorney Pam Roberts
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failed to addressthe perjury ofall three ofher witnessesor thather fellow RenoCity Attorney Christopher Hazlet-
Stevenslied to me about whether or not the Reno City Attorney's Office even had any documentation related to my arrest
8 or whether itwould in the month before my arraignment, despite that fact that subsequent productions of discovery tend
9 to indicate that the Reno City Attorney's Office did have those materiels at the time. I could be wrong about sonic of
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this...Butthatwould require and awful lotofcoincidences.
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Further, the law in our Slate doesnot seem exceptionally clear with regard tothe service and
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processrequirementsand timelines, and manner ofcalculating time with respect tothe "receipt" of
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Lockout Orders. The Affidavit ofService by Machen statesthat he "personally served the described
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documentsupon" my, Each Coughlin...However, I can attest by Affidavit that I wasnot "personally
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served" tothe extent that "personally served" meansor impliesthat I wasthere, that Machen saw me
1?
or identified nue, or any ofthe other indicatorsofsomethingsuch asaComplaint, being "personally
in served" such as I understand the phrase tome. NRCP 5(b)(2XAXi-iii). Further, asBaker and Hill
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have sooften pointed out, I cannot, according tothorn, receive any attorney'sfee award for appearing
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asprose attorney, assuch, NRCP 5(bX2)(A)(i-iii), should apply tome only asaparty, and not asa
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party'sattorney, and, therefore, according toNRCP 5, Service: "(2) Service under thisrule ismade
23 by: (A) Delivering acopy tothe attorney or the party by: (i) handing it tothe attorney or tothe party;
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(ii) leaving it at the attorney'sor party'soffice with aclerkor other person in charge, or ifthere isno
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one in charge, leaving it in aconspicuousplace ju the office. or (iii) ifthe office isclosed or the
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person tobe served hasnooffice, leaving it at the
person'sdwelling ho_use or usual place ofabode
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25 with some person ofsuktable arc and discretion residing there..." So, either it wasmy office, in
- 24 -
NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO _DISMISS
00710
00710
From: zachcommitlin 3-05-12 10:55am p. 25 of 40 To 1599ac9c-59b1-4590-08H-30&136e
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which case a No Cause Eviction Notice makes impermissible a Summary Eviction Proceeding under
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NRS 40.253, and therefore, the Order of Summary Eviction is void for lack of jurisdiction, or, the
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Affidavit of Service was on my home, and was not "handed" to me, or "personally served" (despite
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the Affidavit attesting to having "personally served" me), nor was the Order of Summary Eviction
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served in accordance with NRCP 5(hX2)(A)(iii), which requires: "if the office is closed or the person
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to be served has no office, leaving it at the person's 41wellinu house or usual place olahode with
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00ine person of soltahle age mid discretion residing there.,"
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Further, I believe posting an Order on one's residence door, particularly in the context of serving a N
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Cause Notice of Eviction or Unlawful Detainer. is only valid if the document being served is also
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placed in the mail and 3 non judicial days arc accorded for service to be complete. See NRCP 6(e). I
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do not believe they can prove that at all, not even close. NRCP applies to Summary Eviction
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Actions, according to the following:
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"NRS 40.380 Provisions governing appeals. Either patty may, within 10 days, appeal from the
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judgment rendered. But an appeal by the defendant shall not stay the execution of the judgment,
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unless, within the 10 days, the defendant shall execute and file with the court or justice the
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defendant's undertaking to the plaintiff, with two or more sureties, in an amount to be fixed by the
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court or justice, but. which shall not be less than twice the amount of the judgment and costs, to the
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effect that, if the judgment appealed from be affirmed or the appeal be dismissed, the appellant will
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pay the judgment and the cost of appeal, the value ofthe use and occupation of the property, and
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damages justly accruing to the plaintiff during the pendency of the appeal. Upon taking the appeal
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and tiling the undertik ing,, all further proceedings in the case shall be stayed."
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Actually, a lot of people seemed confused regarding the
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24 hours" lockout thing. The only appearance in either MS
I I SA or NRS 40, in the provisions applicable to Summary Eviction Proceedings of anything related to "24 hours" is in
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO _DISMISS
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NRS 40.253(5), which only speakstoasitUation where the
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ferisntdoesnotfile aTenant'sAnswer or Tenant'sAffidavit,
which isclearly inapplicable here, asthe Tenantdid file such aOpposition tothe NoCause Eviction Notice: "5. Upon
noncompliance with the notice
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(a) The landlord or the landlord'sagentmay apply by affidavitofcomplaintfor eviction to the justice court oldie
township in which the dwelling apartment, mobile home or commercial premisesare located or tothe districtcourt of the
county in which the dwelling, apartment, mobile home or commercial premisesare located, whichever hasjurisdiction
over the matter. The court may thereupon issue an order direetine the sheriffor constable of the county toremoye
the leinat within 24 hour&oftcEreccipt of tire order The affidavit must state or contain...'
So, absentsome statutory provision allowing the Order ofSummary Eviction toresultin alockoutby the Washoc
County Shoat'sOrrice prior tothe 3 daysfor mailing where personal service ofthe Order ofSummary Eviction wasnot
effectuated, despite whatWCSO employee may have incorrectly (or falsely) asserted in the WCSO'sJohn Machem's
AffidavitofService from, file stamped November 7, 2011 (especially where itistimestrimped 4:30 pm, November 1,
2011. especially where the Order ofSummary Eviction explicitly readsthatnosuch lockoutshall occur prior to5:00 pm
on November 1, 2011). See, NRCP 5(b)(2)(A)(i-iii), NRCP 6(e).
Interestingly.Richard Hill knows his case is toast under NRC_P 5(1A(2)(A)ff-j.ii).NRCT
rgeljuaddition joNRCP,_11,Thaiswhyinaighard11111iNoyeuihern,Uill Motion for
Order ToShow Cause.on page 2.Hills resorts toliterally _grispintt at straws, imagining that
what the Washoe County Sheriff's Office customarily does IS_SIIIIICII ow automatically codified
intomandatory precedent black letter law.Towit, Richard Hill wrote in his Motion For Order
ToShow Cause that: "FACTS SHOWING CONTEMPT OF COURT 6. EXHIBIT 1 was
served op0/Italia on November " 2011 by the Washoc County Sheriffs Department, by
posting same on the front door ofthe property in theinanner customary for evictions in
W a i e r .,.1. '. r.p. . i on get! at that time, thereby ejecting and
dispossessing Coughlin ofpossession ofthe Property." Further, therein Richard Hill admits
that the lockout occurred at 4:30 am, asindicated in writing in the WCSO's Mad:en
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Affidavit ofService.contra tothe mandate of-Judge Sferrizza's Order of Eviction
requiring any lockout tooccur qjler 5:00 pm.November 1.2011.
NRS 40.385 Stay ofexecution upon appeal:, duty oftenant whoretains possession of
premises topay rent du gill astay. Upon an appeal from ran order enteretl_pursuant toNRS
40.153:
1.Except as otherwise provided in this subsection.a stay ofexecution may be obtained by
filling with the triak court a bond_inthe amount of_$250 tocover the expected costs on appeal.Ira
an action concembipas lease ofcommercial property or any other property for which the
monthly rent exceeds $1,0100, the court may, upon its own motion or that ofa Harty, and upon a
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NOTICE OF APPEARANCE AS CO-COUNSEL AN1) MOTION TO DISMISS
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showinE of plod caltse. order an additional bond to he posted to covet-he expected casts on
appeal. A surety upon the bond submits to the inrisslictiun of the appellate court and
irrevocably appoints the clerk of that court as the surety's agent upon whom papers affecting
the surety's liability upon the bond may be served. Liability of a surety may be enforced. or the
bond may be released, on motion in the appellate court without independent action.
2. A tenant who retains possession of the premises that arc the subject of the appeal duting the
pendency of the appeal shall pay to the landlord rent in the amount provided in the underlying
contract between the tenant and the landlord as it becomes due. If the tenant fails to pay such rent, the
landlord may initiate new proceedings for a summary eviction by serving the tenant with a new
notice pursuant to NRS 40.253.
NRS 40,390 Appellate court not to dismiss or quash proceedings for want of form. In all cases
of appeal under NRS 40 270 to 40.420, inclusive, the appellate court shall not dismiss or quash the
proceedings for want of form, provided the proceedings have been conducted substantially according
to the provisions of NRS 40,220 to 40.420 inclusive; and amendments to the complaint, answer or
summons, in matters of form only, may be allowed by the court at any time before final judgment
upon such terms as may he just; and all matters of excuse, justification or avoidance of the allegations
in the complaint may be given in evidence under the answer.
IN_RS 411.400 Rules of practice. The provisions of NRS, Nevada Rules of Civil Procedure
and Nevada Rules of Appellate Procedure relative to civil actions, appeals and new trials. so far
as they are not inconsistent with the provisions of NRS 40.220 to 40.420. inclusive, apply to the
proceedinEs mentioned in those sections."
So, considering that NRS 40.400 requires that NRCP apply to Summary Eviction Proceedings under
1
5 NRS 40.253, then service, process, and time calculations of such must comport with the dictates of
NRCP 5-6: " RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
(a) Service: When .Required, Except as otherwise provided in these rules, every order required
by its terms to be served, every pleading subsequent to the original complaint sinless the court
otherwise orders because of numerous defendants, every paper relating to discovery required to be
served upon a party unless the court otherwise orders, every written motion other than one which may
be heard ex parte, and every written notice, appearance, demand, oiler of judgment, designation of
record on appeal, and similar paper shall he served upon each of the parties. No service need be made
on parties in default for failure to appear except that pleadings asserting new or additional claims for
relief against them shall be served upon them in the manner provided for service of summons in Rule
4.
(b) Same: Row Made.
(1) Whenever under the.se rules service is required or permitted to be marle upon a party
represented by an attorney, the service shall he made upon the attorney unless the court orders that
service be made upon the party.
(2) Service under this rule is made by:
( A) Delivering a copy to the attorney or the party by:
(i) handing it to the attorney or to the party;
(ii) leaving it at the attorney's or party's office with a clerk or other person in
charge, or if there is no one in charge, leaving it in a conspicuous place in the office; or
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NOTICE OF AMARANCE A CO-COUNSEL AND MOTION TO DISMISS
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(iii) if the office is closed or the person to he served has no office, leaving it at th a
person'sdwelling house or usual place orahode with sonic person of suitable age and discretion
residing there.
Mailing a copy to the attorney or the aarty at his or her last %Down address.
Service by mall is emulate on maiiina_; provided. however. a motimi-answer or other
document constituting the initial appearance of a party must also. if served by mail, be tiled
within the time allowed for service: and provided further, that after_suChinitrd appearance
service by mail he made only by mailing from a point wit du the State of Nevada.
(C) lithe attorney or the party hasnoknown address, leaving acopy with the clerk of the
court.
(D) Delivering a vopv by electronic means if the attorney or the party served has
consented to service by electronic means. Service by electronic means is complete on
transmission provided, however, a motion. answer or other doetnnent_constituting the initial
appearance of a party most also. if served by electronic turantbe filed within the time allowed
for service, The served attorney's or party's consent to service by electronic means_shall be
expressly stated and filed in writino with theyleitt of the court and served on the other parties
to the action. The written consent shall identify:
ID the persons upon whom service must he made;
(ii) the appropriate address or location for such sc.rvice. such as the
plectroniejnail address or facsimile number,
(lii) the format to be used for attachments: and
(iv) any other limits on the scope or duration of the consent.
An attorney's or parts" consent shall remain effective until expressly revolteA pr until the
representation of a party changes through entry. withd raw al or substitution of coonseL An
attorney or party whohas consented to service by electronic means shall, within 10 daysafter any
change ofelectronic-mail address or facsimile number, serve and file notice of the new electronic-
mail addressor facsimile number.
f3) Service by electronic means under Rule 5(b)(2)(D) is not effective if the party
making service learns that the attempted service did not reach the person to be served.
(4) Proof or service may he made by certificate ofan attorney or ofthe attorney'semployee,
or by written admission, or by affidavit, or other proofsatisfactory tothe court. Failure tomake proof
ofservice shall not affect the validity ofservice...
RULE 6. "TIME
(a) Computation, In computing 01 y period oftime prescribed or allowed by these niles. b_y the
local rulesofany district court. by order ofcourt. or by any applicable statute, the day ()rifle act,
111 _ t-ul II ri I I de d be 'r t t.. _ .
last day of the period so computed shall he included. unlessit isaSaturday. aSunday. or a
noniudicial day, in which event the period runs until the end of the next day which is not a Saturday.
a Sunday, or a nonjudieial day. or. when the act to he done is the tiling of a paver in court_ aday on
which weather or other conditions have made the office of the clerk of the district court inaccessible
in which event the period runs until the end of the next day which is not one of the aforementioned
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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days. When the period of time prescribed or allowed is loss than 1 I days, intermediate Saturdays.
Sundays. and nonjudicial &vs shall he excluded in the computation except for those proceedings
filed under Titles 12 or 13 of the Nevada Revised Statutes...
( el Additional Time After Service by Mail or Electronic Mesas. Whenever a party has the
rightsihittuirsciteAk Ignicadprta ngutr
the service of a notice or other paper. other titan process. tweet the party and the notice or
paper is served upon the Party by mall or by electronic means. 3 days shall be added to the
prescribed period,
Subdivision ( a) is revised to extend the exclusion of intermediate Saturdays, Sundays, and
nonjudicial days to the computation of time periods less than 11 days consistent with the 19115
amendments to the federal rule. Additionally, the "inaccessibility of the court" provision found in
subdivision ( a) of the federal rule is added to Rule G( a). Subdivision ( a) is further amended, by adding
language referring to "proceedings filed under Titles 12 or 13 of the Nevada Revised Statutes," to
avoid any changes to current procedures in probate, guardianship and trust proceedings....
Subdivision ( e) is amended to provide an additional 3 days to act in response to a paper that is
served by electronic means under new paragraph ( 2)( D) added to Rule 5( b)."
NRS 40.253 Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant
for default in payment of rent.
1. Except as otherwise provided in subsection 10, in addition tothe remedy provided in NRS 40.2512 Ein d
40.290 to40.420.inclusive, when the tenant of any dwelling. apartment mobile home. recreational
vehicle or commercial premises with perlodjc rent reserved by the month or any shorter period
is in default in payment of the rent the landlord or the landlord's agent, unless otherwise agreed in
writing, may serve or have served a notice in writing, requiring in the alternative the payment of the
rent or the surrender of the premises...
4. If the tenant files such an affidavit at or before the time stated in the notice, the landlord or
the landlord's agent, after receipt of a file-stamped copy of the affidavit which was filed, shall not
provide for the nonadmittancc of the tenant to the premises by locking or otherwise.
5. Upon noncompliance with the notice:
(a) The landlord or the landlord's agent may apply by affidavit of complaint for eviction to the
justice court of the township in which the dwelling, apartment, mobile home or commercial premises
are located or to the district court of the county in which the dwelling, apartment, mobile home or
commercial premises are located, whichever has jurisdiction over the matter. The court may
thereupon issue an order directing the sheriff or constable of the county to remove the tenant within
24 hours after receipt of the order..
6. Upon the filing by the tenant of the affidavit pennitted in subsection 3, regardless of the
information contained in the affidavit, and the filing by the landlord of the affidavit permitted by
subsection 5, the justice court or the district court shall hold a hearing, after service of notice of the
hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice
provided for in this section. If the court deter' ' s that there is no legal defense as to the alleged
unlawful detainer and the tenant is guilty of an unlawful detainer. the conrt may issue a
summinu order for removal of the tenant or an order providing for the nonadiniftence of the
tenant. If the court determines that there is a legal defense as to the alleged unlawful detainer.
t e court m. 1 r t I .e _ e i exce $ a t erwiv r rovide
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NOTICE OF A PITARAIsteg AS CO-COUNSEL AND MOTION TO DISMISS
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f that i t t ift I i 1 .t it-i i ' NJ,. 1 ..t
40.420, inclusive. The issuance ofastuumary order fur nimoval ofthe tenant does not preclude
an action by the tenant for any damagesor other relieftowhich the tenant may he entitled....
7. The tenant may, upon payment ofthe appropriate feesrelating tothe filing and service ofa
motion, file amotion with the court, on aform provided by the clerkofthe court, todispute the
amount ofthe costs, ifany, claimed by the landlord pursuant toNRS 118.207 or 118A 460 for the
inventory, moving and storage ofpersonal property loft on the premises. The motion must be filed
within 20 daysalter the summary order for removal ofthe tenant or the abandonment ofthe premises
by the tenant, or within 20 daysafter:
(a) The tenant hasvacated or been removed from the premises; and
(b) A copy ofthose chargeshasbeen requested by or provided tothe tenant,
it, whichever islater.
8. Upop the filing ofamotion pursuant to subsectlon 7. the court shall schedule a hearing
on the mQtIon. The hearing must be held within 10 days after the filing oftire motion. Thp cQurt
shall affix the date of the hearing to the motion anti order a copy served upon the landlord by
the sheriff, constable or other processserver. At tte hearing., the court may:
(a) Determine the costs, ifany, claimed by the landlord pursuant toNRS 118.207 or 118A.460
and any accumulating daily costs; and
(b) Order the release ofthe tenant'sproperly upon the payment ofthe chargesdetermined tobe
due or ifnochargesare determined tobe due."
Landlord Merlisstiled only aNoCause Notice ofEviction in R_EV2011-001708 on Commercial
Tenant Zach Coughlin, Esq.'slaw ottice. Assuch, aSummary Eviction Proceeding isimpermissible
given the requirement ofNRS 40.253 that the Notice alleged non-payment ofrent toallow the
landlord toproceed under the Summary Eviction Proceeding section, NRS 40.253. Further, Judge
Sfetrazzawasprecluded from ruling' on anything other than possession ofthe premisespursuant to
NRS 40.253(6), Anviii and Glazier. Further, the tenancy did not terminate under the Lease
Agreement, it wsrenewed.
NRS 40.254 Unlawful detainer: Supplemental remedy ofsummary eviction and exclusion of
tenant from certain typesofproperty. Except asotherwise provided by specific statute, in addition to
the remedy provided in NRS 40.251 and in NRS 40.29Q to40.420, inclusive, when the tenant ofa
dwelling unit which issubject tothe provisionsofchapter 11SA ofNRS, part ofalow-rent housing
program operated by apublic housing authority, amobile home or arecreational vehicle isguilty of
an unlawful detainer, the landlord isentitled tothe summary proceduresprovided in NRS 40.253
except that:
1. Written notice tosurrender the premisesmust...(e) A statement that the claim for reliefwas
authorized by law.
Assuch, the tooearly lockout bring,' intoplay the following:
"NRS 118A390 Unlawful removal or exclusion oftenant or willful interruption ofessential
services; procedure for expedited relief.
1. Ifthe landlord unlawfully removesthe tenant from the premisesor excludes the tenant by
blocking or attempting to block the tenant's entry upon the premises or willfully interrupts or
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causes or permits the Interruption of any essential service required by the rental agreement or
this chapter. the tenant may recover immediate possession pursuant to subsection 4. proceed
under NRS 118A-380 or terminate the rental agreement an& in addition to arty other remedy.
recover the tenant's actual damales, receive an amount not greater than $1.000 to be used by,
the court. or both.
2. In determining the amount, if any, to be awiu
-
ded under subsection 1, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harm to the tenant caused by the landlord's conduct.
3. If the rental agreement is terminated pursuant to subsection I, the landlord shall return all
prepaid rent and security recoverable under this chapter.
4. Except as otherwise provided in subsection 5, the tenant may recover immediate possession of
the premises from the landlord by filing a verified complaint for expedited relief for the unlawful
removal or exclusion of the tenant from the premises or the willful interruption of essential services.
5. A verified complaint for expedited relief:
(a) Must be filed with the court within 5 judicial days after the date of the unlawful act by the
landlord, and the verified complaint must be dismissed if it is not timely filed. If the verified
complaint for expedited relief is dismissed pursuant to this paragraph, the tenant retains the right to
pursue all other available remedies against the landlord.
(h) May not be filed with the court if an action for summary eviction or unlawful detainer is
already pending between the landlord and tenant, but the tenant may seek similar relief before the
judge presiding over the pending action.
6. The court shall conduct a hearing on the verified complaint for expedited relief within 3
judicial days after the filing of the verified complaint for expedited relief. Before
wi th
at the scheduled
hearing, the tenant must provide proof that the landlord has been properly served with a copy of the
verified complaint for expedited relief. Upon the hearing, if it is determined that the landlord has
violated any of the provisions of subsection 1, the court may:
(a) Order the landlord to restore to the tenant the premises or essential services, or both;
(h) Award damages pursuant to subsection 1; and
(c) Enjoin the landlord from violating the provisions of subsection 1 and, if the circumstances so
warrant, hold the landlord in contempt of court.
7. The payment of all costs and official fees must be deferred for any tenant who files a verified
complaint for expedited relief. After any hearing and not later than final disposition of the filing or
order, the court shall assess the costs and fees against the party that does not prevail, except that the
court may reduce them or waive them. as justice may require."
`hYRS 118A.090 "Exclude" defined.'Exclude" means toevict or toprohibit entry by locking doors or by otherwise
blocking or attempting toblock entry, or tomake a dwelling unit uninhabitable by interrupting or causing the interruption
ofelectric, gas, water or other essential services."
- 31 -
NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TS) DISMISS
00717
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From: zachcoughlia 3-05
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ALL PAPERS AND PLEADINGS AND CORRESPONDENCS PREVIOUSLY SUBMITTED TO THERE/
4
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JUSTICE COURT AND OR ITS EMPLOYEES isHEREBY INCORPORATED BY REFERENCE INTO THIS
FILING.
NRS 118A.1907 " Notice: Definition; service.
1. A person hasnotice ofafactif.
(a) The person hasactual lotowledge ofit;
(b) The person hasreceived anotice or notification ofit: or
(c) From all the factsand circumstancesthe person reasonably should know thatitexists.
1 I . 1 1 1' h 1 1 1 1 6
"1 4
40.280.
3. Written noticestothe landlord prescribed by thischapter may be delivered or mailed tothe place ofbusinessofthe
landlord designated in the rental agreementor toeny place held outby the landlord asthe place for the receiptofrental
paymentsfrom the tenantand arc effective from the dale ofdeliveryor mailing."
-
NRS 40.280 Service ofnoticesto proofrisvired before issuance oforder toremove.
1. Exceptasotherwise provided in NRS 40.253, the noticesrequired by NRS 40.25! to40.260, inclusive, may he
served:
(a) By delivering acopy tothe tenantpersonally, in the presence ofawitness;
(h) Jr the tenantisabsentfrontthe tenant'splace ofresidence or from the tenant'susual place ofbusiness, by leaving
acopy with aperson ofsuitable age and discretion ateither place and mailing acopy tothe tenantatthe terrant'splace of
residence or place ofbusiness; or
(e) Ifthe place ofresidence or businesscannotbe ascertained, or aperson ofsuitable age or discretion cannotbe
found there, by posting acopy in aconspicuousplace on the leased property, delivering acopy toaperson there residing,
ifthe person can he found, and mailing acopy tothe tenantatthe place where the leased property issituated."
7 did notreceive any ofthe rin ailsallegedly senttomy from Richard Hill'semail address, rhill@richardiiillaw com
between August18th, 201 toNovember 17th, 2011, and certainly none from rhill@richarethillaw.corn during the period
between the illegal lockout4:30 pm November 1, 2011 and the trespassarrestofNovember 13th, 20:1 which allegedly
spoke tomy being provided access tothe property for the purpose ofmy removing any belongings, despite my numerous
callsand written requests, which outlined the exigenciesinherenttomy being precluded access; tomy clientfilesincident
toan unlawful and improperly notice and tooearly occurring lockoutby the WCSO. I and my businesshave beer
damaged greatly by these acts. Further, I had repeatedly sentboth Baker and Hill notice, in writing, thatI did notconsent
toservice or notice ofanything viaelectronic means. Further NRS 11 8A.190 doesnotspeakto"notice of" alegal
finding, butrather to"notice ofafact". Assuch, I wasnotappropriately served notice ofthe Order ofSummary EvictiOn,
and an illegal lockoutoccurred, issuch nocrminal trespasscharge can stand.
-
NRS I18A.260 Disclosure ofnamesand addressesofmanagersand owners; emergency telephone number, service of
process.
1. 'the landlord, or any person authorized toenter intoarental agreementon hisor her behalf, shall disclose tothe
tenantin writing ator before the commencementofthe tenancy
(a) The name and addressof:
(7) The personsauthorized tomanage the premises;
(2) A person within thisState authorized tonetfor and on behalfofthe landlord for the purpose ofservice of
processand receiving noticesand demands; and
(3) The principal or corporate owner.
(b) A telephone number atwhich aresponsible parson whoresidesin the county or within 60 milesofwhere the
premisesarc located may be called in case ofcinergeney.
- 32 -
NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
00718
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2. The information required tobe furnished by thissection musthe keptcurrent, and thissection isenforceable
againstany successor landlord or manager ofthe prom ises.
3. A party who caters into a rental agreement on behalf ofthe landlord and failstocomply with thissection isan
agentofthe landlord for porpoisesof:
(a) Service ofprocessand receiving noticesand demands, and
(b) Performing the obligationsofthe la:milord under law and under the. rental agreement.
4. In any action againstalandlord which involveshisor her rental property, service ofprocessupon the manager of
the property or aperson described in paragraph (a) ofsubsection I shall be deemed tobe service upon the landlord. The
obligationsofthe landlord devolve upon the personsauthorized toenter'intoarental agreementon hisor her behalf
5. Thissection doesnotlimitor remove the liability ofan undisclosed landlord."
NRS 40.310 Lssue offacttobe tried by jury ifproper demand made. Whenever noissue offactispresented by the
pleadings, itshall be tried by isjury, ifproper demand is made pursuanttothe NevadaRulesofCivil Procedure or the
justice CourtRulesofCivil Procedure
Actually, alotofpeople seemed confused regardinci, the "24 Flours" locknutthing_ The only appearance in either NRS
118A or NRS 40, in the provisionsapplicable toSummary Eviction Proceedingsof anythirg related to"24 hours" isin
NRS 40.253(5), which only speakstoasituation where the Tenantdoes not file aTenant'sAnswer or Tenant'sAffidavit,
which isclearly inapplicable hero, asthe Tenantdid file such aOpposition tothe NoCause Eviction Notice: "5. Upon
noncompliance with the notice:
(a) The landlord or the landlord'sagentmay apply by affidavitofcomplaintfor eviction tothe justice courtofthe
township in which the dwelling, apartment, mobile home or commercial premisesare located or tothe districtcourtofthe
county in which the dwelling, apartment, mobile home or commercial premisesare located, whicbsiver hasjurisdiction
over the matter. The court may illtijilpiln ISSIttillUltikriiirSSAIng the sheriff or constable of the counts
,
toremove
the tenant within 24 hoursafter receipt or the order The affidavitmuststate or conmin..."
9 LS .,itu iis , iv t i.e . . ti a N. et an toresult ' r.
lOcROUt by the Washoc County Sheriff's Office prior to the 3 days for mailing where personal
service of the Order of Stuninary Eviction was not effectuated, despite what WCSO employee
may have incorrectly (or falsely) asserted in the WCSO's John Machem's Affidavit of Service
from. file stanwil November 7, 2011. Attached as Exhibit 1. Exhibit 1.: wasnot effectuated,
despite what WCSO employee may have incorrectly (or falsely) asserted in the WCSO's John
Mach eat' sAffidavit or Service from. file stamped November 7 2011 along with written
admission from WCSO Civil Service Division Supervisor Liz Stuchell that Machem only posted
the Order of Summary Eviction on the door of the former home law office, rather than
"personally served" it and Richard Hill Esq's own Proof of Service of Notice of Entry of the
Order for Summary Eviction showing a mailed on date of November 1, 2011 (and the 12...TC
never mailed a copy of that Okder according the to Record on Appeal in CV11-03628): three
(3) pages.
AFFIRMATION PURSUANT TO NHS 23213.030
The undersigned doeshereby affirm that the preceding document doesnot contain the social
security number of any person.
Dated at Reno, Nevada, this3rd day of March, 2012,
- 33 -
NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
00719
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to 1699a0c-69b1-4598-1180-30dd36E
LAW OFFICES OF Zachary Harl:er Coughlin
Fxam; zachroughlin 3-05-12 10:56as p. 34 of 41
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Co-counsel for the Defendant
By: ,
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ZhaoCoughlin, Esq.
Nevada Bar No: 9473
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- 34 -
NOTICE OF APPEARANCEM CO-C )IJVSEL AN]) MOTION TO DISMISS
00720
00720
From: zachsoughlin 3-05-12 10:56ain p. 35 of 48
To: 1699n9c-69111-4598-8816-304d36e
PROOF OF SitRV10E
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Pursuant toNRCP 5(h), 1 certify that I served acopy ofthe foregoing document upon the
following party by faxing, emailing, dropping offat their office, and placing atrue and correct copy
ofthe foregoing document in the usmail addressed to:
Jill Drake, Esq.
RenoCity Attorney'sOffice - Criminal Divison
P.O. Box 1900
Reno, NV 89505
Phone Number: 775-334-2050 Fax number: 715-334-2420
DrakeIc4reno.gov
Attorney for City ofReno
Keith Lloyd Loomis, Esi1.
9468 Double R 13Ivd. Suite A
Reno, NV 89521
Phone Number: 775-853-7222 Fax number: 775-853-0860
keithIoomis@earthlink.net
RMC Filing Office Fax Machine: Fax: (775) 334-3824
Date thisMarch 3, 2012:
/8/ 7LiquOin
----/

Zach Coughlin, Defendant
Co-Counsel for Defendant
- 35 -
NOTICE OF A PPEARANCF, AS CO-CT/TINSEL AND MOTION TO DISMISS
00721
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3- 05- 12 10:56as p. 36 of ID From: ladmoughlin Ta; 1649ac9r769b1-45913-8016-3041436e
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INDEX TO EXHIBITS
1. Exhibit 1: was not effectuated. despite what WCSO em alone may IL- we
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incorrectly (or
falsely) asserted in the WCSO's John Machent's Affidavit of Service from. Ills stamped
}November 7. 2011 along with written admission from 'WCSO Civil Service Division Supervisor
Liz Stuchell that Mechem only posted the Order of Summary Eviction on the door (Wale
former home law office, rather than "personally served" It and Richard Hill Esq's own Proof
Service of Notice of Entry of the (Inter for Summary Eviction showing a mailed on date of
November 1, 2011 (and the RJC never mailed a copy of that ORder according the to Record on
Appeal hi Cl/11- 0362S): three (3) pages.
- 36 -
NOTIcir
d QF APPEARANCE AS CO- COUNSEL AND MOTION TO DISMISS
00722
00722
Eton /ark oughlio 3-05-12 10:56ara p. 39 of 40
To: 1699ac9c-E01-4599-98f6-30&136e

..AM orrici
RiCKAJi0 a hta,
Nig 0.0ce SOW n5S
ROM..N.P41109505
(7751 3444660
Fan (7/ 51146
,
0651
CERTIFICATE OF SERVICE
2 Pursuant to MRCP 5(b), I hereby certify that I am an employee of RICHARD G.
3 HILL, CHARTERED, and that on the
ask
day of OtteJaer., 2ori, I deposited in the
4 j appropriate place for pick-up and hand-delivery by Reno-Carson Messenger Service, a true
5 and correct copy of the foregoing Notice ofEntry ofOrder and a true and correct copy
6 4 of the Findings ofFact, Conclusions ofLaw, and Order for Swnmary Eviction,
7 file-stamped October 27, 2011, addressed to:
8
Zaeh Coughlin, Esq.
9 121 River Rock Street
Reno, Nevada 89501
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00723
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To
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free6399-b5df-402-9826-a29bb1f
1 Document Codc:
Zach Coughlin,Esq.
2
Nevada Bar No: 9473
3
1422 E. 9th St., #2
tel: 775 229 6737
4 fax: 949 667 7402
Reno, NV 89512
5
Co-counsel for Defendant Coughlin
6
7 IN THE JUSTICE COURT OF RENO TOWNSHIP
IN AND FOR THE COUNTY OF WASHOE, STATE OF NEVADA
B
9
STATE OF NEVADA;
)
10
)
Plaintiff, ) Case No:11 CR 26405
11
)
12
vs. ) Dept No: Judge Gardner
)
13
ZACHARY COUGHLIN;
)
)
14
Defendant. )
)
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Notice of Appeal. Motion to Vacate_ and or Set Aside. JCRCP 59. JCRCT 60. Motion for
Reconsideration: Motion for Recusai: Motion For Publication Of Transcript at Public Expense.
17 Petition for in Forma Pauper's Status
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POINTS AND AUTHORITIES
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FACTS
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Bobby Puentes threw me under the bus, rather than reveal the fact that he had a conflict. He whined
23 about how the case was "hard" rather than do some lawyering. The man doesn't know how to burn a
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cd. He attempted to shift the job of burning a cd for discovery onto me, yet he is the one taking home
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the money to do the job. Jill Drake talked in court about how Puentes is beloved by all throughout
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the RJC, especially the prosecutors for the Reno City Attorney, as he is just a teddy bear to
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- 1 -
Notice of Appeal. Motion to Vacate and or Set Aside. JCRCP 59. JCRCP 60. Motion for
Reconsideration; Motion for Recusal; Motion For Publication Of Transcript at Public Ex vense.
r
q
tition for In Forma Pauptris Status
From, zachcoughlia 2-16-12 8:14am p. 1 of 35
00726
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<rosecutors liBe DraBe D?ho reminded the undersigned that she ?as the # <la>er on the )eno /igh
9irls .ennis .eam in high school a&ter the /earing on 3e=ruar> !, !(!;...Being a tedd> =ear is &ine,
- guess, =ut not e'actl> the &irst thing - looB &or in de&ense counsel. Eoral o& the stor>, donAt thro?
client under the =us instead o& disclosing im<ermissi=le con&lict that >our con&lict checBs should have
revealed <rior to entering the sanctit> o& the attorne> client relationshi<, something that should =e
sacred, not Cust something 5uentes enteres to get a <a>checB and dum<s once it =ecomes
inconvenient.
De&endantF6<<ellant, Zach Coughlin, here=> &iles this Notice o& 6<<eal, Eotion to *acate and
or "et 6side, 0C)C5 $9, 0C)C5 %(, Eotion &or )econsideration8 Eotion &or )ecusal8 Eotion 3or
5u=lication 2& .ranscri<t at 5u=lic E'<ense, 5etition &or -n 3orma 5au<eris "tatus.
3urther no one has e'<lained .aitels m>sterious a=ilit> to 4ithdra? as Counsel ?ithout
com<l>ing ?ith )EC )ule $ or e'<laining ?h> he ?ithdre?. Not sure there is an 2rder allo?ing
.aitelAs ?ithdra?. 5uentes Eotion to 4ithdra argued:
@.he instant matter ?as set &or trial on 0anuar> (, !(!, /o?ever, a de&ense
motion to continue ?as &iled on 0anuar> 3,!(!, not o<<osed, and granted. 6 ne?
trial date is <ending. 1nder "u<reme Court )ule 4%, the attorne> in an action ma>
=e changed at an> time =e&ore Cudgment u<on the consent o& the attorne>,
a<<roved => the client, or u<on order o& the court or Cudge thereo& on the
a<<lication o& the attorne> or client. "C) 4%. 3urther, under N)5C , %D=;, a
la?>er ma> ?ithdra? &rom re<resenting a client i& the same can =e accom<lished
?ithout material adverse e&&ect on the interests o& the client8 a client insists u<on
taBing action the la?>er considers re<ugnant, or ?ith ?hich the la?>er has
&undamental disagreement8 the re<resentation has =een rendered unreasona=l>
di&&icult => the client8 or other good cause &or ?ithdra?al e'ists. "ee N)5C ,
%D=;D;, D4;, D%;, D7;. .he undersigned regret&ull> maBes this motion as continued
re<resentation o& the de&endant in this matter has =een rendered unreasona=l>
di&&icult and the de&endant ?ill =e =etter served => having an alternative legal
de&ender a<<ointed to re<resent him.@
6ctuall> 5uentes does not state ?ith su&&icient <articularit> ?h> or ho? his ?ithdra? @can
=e accom<lished ?ithout material adverse e&&ect on the interests o& the client@. -ndeed, having his
- 2 -
Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
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<rivate and con&idential case &ile <assed around liBe a hot <otato => )EC @&ormer <rosecutor@
de&enders is not in clientAs =est interest. 5uentes is required to detail Cust ho? @the re<resentation
has =een rendered unreasona=l> di&&icult => the client@ and this rule is su=Cect to a good &aith
requirement. .hat is, la?>ers canAt invoBe it to get out o& di&&icult or com<le' cases or to insure
the> onl> receive eas> cases. Can some=od> e'<lain to me ?h> DicB /ill going on vacation is a
su&&icient Custi&ication &or continuing a criminal trial, =ut m> =eing evicted and ?rong&ull> arrested
Ddue to DicB /illAs alleged =ri=er> o& the )5D and the )5DAs ?rong&ull arrest o& me, etc., and DicB
/illAs a<<l>ing a ?rong&ul and outla?ed rent distraint u<on =oth m> clientAs &iles and e'cul<ator>
evidence in C) !!7%; does not <resent a valid =asis &or a continuanceG 6nd - told .aitle -
?anted an o<<osition &iled to the motion &or continuance, >et it ?as not. "ee attached E'hi=it &or
su<<ort &or the contention that 5uentes ?ithdra? here is ina<<ro<riate as has =een most o& his
actions in this matter.
52-N." 6ND 61./2)-.-E"
6N6:7"-"
-NC2)52)6.E B7 )E3E)ENCE 6:: :64 6ND 6""E).-2N" -N 6..6C/ED
565E)" 6ND 5:E6D-N9" 6ND 4)-.-N9" -N EH/-B-. :
)econsideration 4DC) !D9;, DC) 3...
)1:E $9. NE4 .)-6:"8 6EENDEEN. 23 01D9EEN."
'a( )rounds* 6 ne? trial ma> =e granted to all or an> o& the <arties and on all or <art o& the issues &or an> o& the
&ollo?ing causes or grounds materiall> a&&ecting the su=stantial rights o& an aggrieved <art>: D; -rregularit> in the
<roceedings o& the court, Cur>, master, or adverse <art>, or an> order o& the court, or master, or a=use o& discretion =>
?hich either <art> ?as <revented &rom having a &air trial8 D!; Eisconduct o& the Cur> or <revailing <art>8 D3; 6ccident or
sur<rise ?hich ordinar> <rudence could not have guarded against8 D4; Ne?l> discovered evidence material &or the <art>
maBing the motion ?hich the <art> could not, ?ith reasona=le diligence, have discovered and <roduced at the trial8 D$;
Eani&est disregard => the Cur> o& the instructions o& the court8 D%; E'cessive damages a<<earing to have =een given under
the in&luence o& <assion or <reCudice8 or, D7; Error in la? occurring at the trial and o=Cected to => the <art> maBing the
motion. 2n a motion &or a ne? trial in an action tried ?ithout a Cur>, the court ma> o<en the Cudgment i& one has =een
entered, taBe additional testimon>, amend &indings o& &act and conclusions o& la? or maBe ne? &indings and conclusions,
and direct the entr> o& a ne? Cudgment.
'( "i&e for Motion* 6 motion &or a ne? trial shall =e &iled no later than ( da>s a&ter service o& ?ritten notice o& the
entr> o& the Cudgment.
- 3 -
Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
00728
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'c( "i&e for Ser+in, Affida+its* 4hen a motion &or ne? trial is =ased u<on a&&idavits the> shall =e &iled ?ith the motion.
.he o<<osing <art> has ( da>s a&ter service ?ithin ?hich to &ile o<<osing a&&idavits, ?hich <eriod ma> =e e'tended &or
an additional <eriod not e'ceeding !( da>s either => the court &or good cause sho?n or => the <arties => ?ritten
sti<ulation. .he court ma> <ermit re<l> a&&idavits.
'd( !n Court-s %nitiati+e; Notice; Specif.in, )rounds* No later than ( da>s a&ter entr> o& Cudgment the court, on its
o?n, ma> order a ne? trial &or an> reason that ?ould Custi&> granting one on a <art>Is motion. 6&ter giving the <arties
notice and an o<<ortunit> to =e heard, the court ma> grant a timel> motion &or a ne? trial &or a reason not stated in the
motion. 4hen granting a ne? trial on its o?n initiative or &or a reason not stated in a motion, the court shall s<eci&> the
grounds in its order.
'e( Motion to Alter or A&end a Jud,&ent* 6 motion to alter or amend the Cudgment shall =e &iled no later than ( da>s
a&ter service o& ?ritten notice o& entr> o& the Cudgment.
.he 2rder allo?ing 5uentes ?ithdr?as &its under @ -rregularit> in the <roceedings o& the court, Cur>, master, or
adverse <art>, or an> order o& the court, or master, or a=use o& discretion => ?hich either <art> ?as <revented &rom having
a &air trial@ as 5uentes ?as at least ommitting Be> in&ormation to the court, i& not misleading it as to his rationale &or
?ithdra?ing. 5lus 0udge 9ardnerAs 2rder, res<ect&ull> contains @Error in la? occurring at the trial and o=Cected to => the
<art> maBing the motion. 2n a motion &or a ne? trial in an action tried ?ithout a Cur>, the court ma> o<en the Cudgment i&
one has =een entered, taBe additional testimon>, amend &indings o& &act and conclusions o& la? or maBe ne? &indings and
conclusions, and direct the entr> o& a ne? Cudgment.@ .he la? sim<l> does not allo? &or such an unsu<<orted => &acts or
s<eci&ics Eotion to 4ithdra? to =e granted.
)1:E %(. )E:-E3 3)2E 01D9EEN. 2) 2)DE)
'a( Clerical Mista/es* Clerical mistaBes in Cudgments, orders or other <arts o& the record and errors therein arising &rom
oversight or omission ma> =e corrected => the court at an> time o& its o?n initiative or on the motion o& an> <art> and
a&ter such notice, i& an>, as the court orders. During the <endenc> o& an a<<eal, such mistaBes ma> =e so corrected =e&ore
the a<<eal is docBeted in the a<<ellate court, and therea&ter ?hile the a<<eal is <ending ma> =e so corrected ?ith leave o&
the a<<ellate court.
'( Mista/es; %nad+ertence; #$cusale Ne,lect; Ne0l. 1isco+ered #+idence; Fraud, #tc* 2n motion and u<on such
terms as are Cust, the court ma> relieve a <art> or <art>Is legal re<resentative &rom a &inal Cudgment, order, or <roceeding
&or the &ollo?ing reasons: D; mistaBe, inadvertence, sur<rise, or e'cusa=le neglect8 D!; ne?l> discovered evidence ?hich
=> due diligence could not have =een discovered in time to move &or a ne? trial under )ule $9D=;8 D3; &raud D?hether
hereto&ore denominated intrinsic or e'trinsic;, misre<resentation or other misconduct o& an adverse <art>8 D4; the
Cudgment is void8 or, D$; the Cudgment has =een satis&ied, released, or discharged, or a <rior Cudgment u<on ?hich it is
=ased has =een reversed or other?ise vacated, or it is no longer equita=le that an inCunction should have <ros<ective
a<<lication. .he motion shall =e made ?ithin a reasona=le time, and &or reasons D;, D!;, and D3; not more than % months
a&ter the <roceeding ?as taBen or the date that ?ritten notice o& entr> o& the Cudgment or order ?as served. 6 motion
under this su=division D=; does not a&&ect the &inalit> o& a Cudgment or sus<end its o<eration. .his rule does not limit the
<o?er o& a court to entertain an inde<endent action to relieve a <art> &rom a Cudgment, order, or <roceeding, or to set
aside a Cudgment &or &raud u<on the court. 4rits o& coram no=is, coram vo=is, audita querela, and =ills o& revie? and =ills
in the nature o& a =ill o& revie?, are a=olished, and the <rocedure &or o=taining an> relie& &rom a Cudgment shall =e =>
motion as <rescri=ed in these rules or => an inde<endent action.
.he 2rder or 0udgment is void as it e'tends to matters &or ?hich the Court cannot rule, ie, an 2rder allo?ing
?ithdra? ?here not good &aith =asis &or requesting a ?ithdra?al e'ists.
- 4 -
Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
00729
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<rosecutorial misconduct Dsuch as the D.6. ?ithholding @e'cul<ator>@ evidence that couldIve hel<ed >our de&ense;
Cudicial errors Dsuch as the Cudge <ermitting evidence that shouldIve =een e'cluded or vice versa;
erroneous a<<lication o& a la? or regulation im<ro<er Cur> instructions
ine&&ective assistance o& counsel or other mal<ractice the evidence did not <rove >our guilt =e>ond a reasona=le dou=t
36-:1)E .2 6332)D "-H./ 6EENDEEN. )-9/. .2 C21N"E: 2) 9)6N. DEE6ND 32) 01)7 .)-6:8
another DEE6ND 32) 01)7 .)-6: /E)EB7 E6DE -N E*EN. 23 NE4 .)-6:, "-E-:6):7 )EJ1E". 32)
-N 32)E6 5615E)-" ".6.1" /E)EB7 E6DE 6ND "1552).ED B7 6..6C/ED -35 5E.-.-2N
C2NC:1"-2N
De&endantF6<<elant Coughlin here=> res<ect&ull> requests all 2rders, Convictions,
0udgments, Contem<t 3indings, ?hatever, stemming &rom 3e=ruar> !nd ,!(! /earing on 5uentes
Eotion to 4ithdra? =e *acated or "et 6side or )econsidered and are here=> a<<eal ?ith an -35
request to ?aive the &iling &ee &or the notice o& a<<eal or allo? a relation =acB &or the &iling date u<on
an> denial o& the &ee ?aiver. 3urther, a co<> o& the audio o& the !F!F! /earing is here=> requested..
633-)E6.-2N 5ursuant to N)" !39B.(3(
.he undersigned does here=> a&&irm that the <receding document does not contain
the social securit> num=er o& an> <erson.
D6.ED this 3th Da> o& 3e=ruar>, !(
KFsF Zach Coughlin
Zach Coughlin
De&endant
- 5 -
Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
00730
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DEC:6)6.-2N 23 Z6C/ C219:-N -N "1552). 23 ./E 32)E92-N9 D2C1EEN.
. .his Declaration is made <ursuant to the <rovisions o& N)" $3.(4$, - am <resentl> in the "tate o&
Nevada and - declare under <enalt> o& <erCur> that the &oregoing is true and correct.
!. Declarant is the 5lainti&& in the a=ove title action.
3. Declarant avers that the &actual statements set &or a=ove in the &oregoing document are, to the
=est o& his Bno?ledge and understanding, accurate.
4. -, Zach Coughlin, am availa=le to testi&>, i& necessar>, as to these matters. - declare under <enalt>
o& <erCur> that the &oregoing is true and correct.
E'ecuted on 3e=ruar> 3th, !(!
FsF Zach Coughlin
Zach Coughlin
5:6-N.-33
- 6 -
Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
00731
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5)223 23 "E)*-CE
-, Zach Coughlin, declare:
2n 3e=ruar> 3th, !(!, -, Er. Zach Coughlin served the &oregoing Notice o& 6<<eal,
Eotion to *acate and or "et 6side, 0C)C5 $9, 0C)C5 %(, Eotion &or )econsideration8 Eotion &or
)ecusal => emailing and &a'ing and or <lacing in the mail a true co<> thereo& to:
0ill DraBe
Com<an>: )eno Cit> 6ttorne>As 2&&ice , Criminal Divison 6ddress: 5.2. Bo' 9(( )eno , N*
+9$($ 5hone Num=er: 77$,334,!($( 3a' num=er: 77$,334,!4!(
DraBe0Lreno.gov
D6.ED ./-" 3th da> o& 3e=ruar>
B7:
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Zach Coughlin
De&endant
- 7 -
Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
00732
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-nde' to E'hi=its
. E'hi=it : .?ent>,si' D!%; <age collection o& attorne> client corres<ondence =et?een Coughlin
and 5uentes in su<<ort o& the undersigned contnetions herein.
- 8 -
Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
00733
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EH/-B-.
EH/-B-.
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Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
00734
continuance and my files

continuance and my files
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Fri 12/09/11 1:11 AM
To: puenteslaw@aol.com


Dear Mr. Puentes,

I would like for you to subpoena both Officers present at the arrest of November 13, 2011 to testify at the trial. I would like for you to subpoena (by
subpoena duces tecum, I suppose) all recordings, dispatch reports, written documentation, reports in any way connected to, or other materials, whether
admissible or not, in any way connected to the arrest of November 13, 2011 or the charges against which I am defending in conjunction with your
representation. I wish for you to email me these materials to the extent possible, and where that is not possible, please mail them to me at my address
of record at www.nvbar.org, and found below at the end of this letter. Email is better for me than fax, as it is free whereas I have to pay for faxes by the
page, whether local or not. I prefer email too over having to take time out of what is an extremely busy and trying schedule of mine currently.

RPD Officer Carter made a statement at the scene of the arrest that Mr. Richard Hill paid him a lot of money and therefore he does what Mr. Hill says to
do and arrest who Mr. Hill says to arrest. This has been reported to several RPD Officers, including Sargent Tarter, who responded by retaliating against
me with several traffic citations and made incorrect assertions about whether one would be turning into oncoming one way traffic to get to Mr. Hills
652 Forest St. address from the intersection of Forest and St. Laurence in justifying his retalitatory citation (for which he apparently called in another
officer to write out, curiously). I DO NOT WANT YOU TO DISCUSS MY CASE WITH ANYONE OUTSIDE OF MY PRESENCE, INCLUDING VERBAL
AND OR WRITTEN COMMUNICATIONS. THIS INCLUDES ANY COMMUNICATIONS, VERBAL OR WRITTEN WITH THE RENO MUNICIPAL
COURT AND ANYONE IN ANY WAY CONNECTED WITH THE RENO POLICE DEPARTMENT OR RENO CITY ATTORNEY'S OFFICE, AS WELL AS
LEW TAITEL.

Please email or fax meacompletecopy of my file, including all pleadings, correspondences, and any other documentation or mediaat all connected with my case.
Please further discloseany conflicts of interest you might havein representing me. I did not agreeto acontinuance, and I believeit is my right as aclient to control
themeans and objectives of thelitigation and or defense, and that, to me, does not includewaiving my right to contest any motion for acontinuanceor making things
nice and easy for Richard G. Hill, Esq. Further, I would liketo know who agreed to thecontinuanceand why it is Mr. Taitel is no longer attorney of record (nothing
against you, pleasebelievethat).

Further, if Mr. Taitel is no longer attorney of record in this matter, pleaseexplain why, in detail, in writing. If he has withdrawn, and if you did so based on some
conflict of interest, how is it that that conflict of interest did not precludehim fromapparently agreeing to acontinuanceor failing to filean opposition or alerting me
to the situation at all? Pleasenotemy new address and contact information below. Additionally, pleaseindicate, in writing, theextent to which you havean
established procedureto check for conflicts prior to taking on cases and prior to obtaining confidential client files and information. Pleaseindicatein writing any
deviation fromsuch aprocedureor failing of your office's practices to prevent such prejudiceto my casein your taking on my representation. Pleasecopy meon any
and all correspondences and or documentation or discovery in any way related to this matter.

Sincerely,
/S/ ZACH COUGHLIN, SIGNED ELECTRONICALLY

Zach Coughlin
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Fri 12/09/11 3:53 AM
To: puenteslaw@aol.com
1 attachment
12 8 11 fax to Puentes.pdf (63.6 KB)
Mr. Puentes, please find attached my signed written request for you to file certain motions. I want to
review the final drafts prior to your filing them and have tried hard to do most of the work for you.
Further, you might find the following documentary that someone posted on youtube.com helpful in
understanding this case:
http://www.youtube.com/user/25teddyjames?feature=watch

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
Tel: please only communicate in writing
Page 1of 26 Hotmail Print Message
2/2/2012 http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=cc595d46-b764-4d56-...
00735
Fax: 949 667 7402


Dear Mr. Puentes,



I would also like for you to subpoena Dr. Matt Merliss, the owner of the property who was present at the scene of arrest. Further, I would like for you to
depose both RPD Officers (Carter and the female Officer). I would like a copy of the probable cause sheet and all witness statements and Officer's
Supplemental Declarations as soon as possible, please, in addition to all the other materials I set forth in my previous written correspondence to you.



I would like a Motion in Limine to be filed to exclude anything discovered upon the RPD illegal search of the property, including any videos by Richard
Hill or anyone else that the Reno City Attorney seeks to have admitted. I want a Motion to Dismiss filed seeking to dismiss this case based upon a
number of arguments, including the fact that any underlying Summary Eviction Order was void for lack of jurisdiction (please see my recent filing,
attached, in Reno Justice Court case rev2011-001708, in that this was noticed as a No Cause Eviction against a commercial lessee. As such, any
Summary Eviction Order is void for lack of jurisdiction given the express prohibition in both NRS 40.253 and the Nevada Supreme Court's explanation in
the Landlord Tenant Handbook found on the Supreme Court's website and elsewhere where it is made explicitly clear that landlord's may not use
Summary Eviction Proceedings to evict commercial lessees or tenants where non payment of rent is not alleged or where the Notice of Eviction or
Unlawful detainer is a No Cause notice, as was the case in Rev2011-001708. As such, no trespassing could have occurred.
Beyond that, I am requesting you file a Motion to Dismiss based upon the fact that any lockout occurring on November 1, 2011 necessarily occurred
too early and prior to any lawful notice or service of any Summary Eviction Order only signed on October 27
th
, 2011, especially where no personal
service of such an ordered was alleged or shown. I detailed this in the email pasted below.
Further, a Motion to Dismiss I request you file due to Casey Baker's November 11, 2011 letter to me wherein he sends me a bill for the full rental value
of the property where the commercial lease was located for the entire month of November 2011, a period after the alleged illegal lockout. As such, no
trespass could have occurred because such a bill for rent is tantamount to rescinding any void eviction order or otherwise indicative of an invitation,
entrapment, or assent to the addressee of such a letter or bill being able to go onto the property, allegedly. In his letter mailed to Coughlin of
November 10, 2011, Casey Baker, Esq wrote In addition to the sums identified by Dr. Merliss in his affidavit, your debt now also includes fees for
storage of your personal possessions left at the property, which accrue daily at the fair rental value of the property. Your debt further includes actual
costs for inventorying and moving your possessions from the property. See NRS 118A.460. Those sums will be provided to you once they have been
fixed. Enclosed you will also find a notice of entry of the court's order awarding costs and attorney's fees against you. The court's award of cost in the
amount of $421.75, and attorney's fees in the amount of $1,500.00, has now been reduced to judgment. You are responsible for those sums. Further, as
you know, in his Memorandum of Costs and Disbursements filed on October 27,2011, Dr. Merliss actually sought $607.24 in costs and $17,938.75 in
attorney's fees against you. We believe you are responsible for those amounts, plus any and all fees and costs that have accrued, and continue to
accrue, since Letter to Zachary Coughlin Re: Verification of Debt November 10, 2011 Page 20f2 that date, in the matters currently pending before the
courts as an item of damages. Dr. Merliss win seek recovery of those sums, and an future fees and costs incurred, through the appropriate channels...



As such, Baker and Hill sent Coughlin a bill for the full rent of the property. $900 a month was the rent for the property under the commercial lease.
Baker and Hill wrote telling Coughlin they were continuing to charge him that even after the alleged illegal lockout of November 1, 2011. Further, Baker
and Hill flagrantly wrote to Coughlin in the same letter that the impermissible $1,500 in attorney's fees ordered by Judge Sferrazza was not enough for
them, and that they fully intended to continue to pursue recovery of the nearly $20,000 in attorney's fees they sought in their Memorandum of Fees and
Costs of October 27
th
, 2011, despite the res judicata effect of Judge Sferrazza's November 9, 2011 Order granting them $1,500 in attorney's fees, and
despite the fact that NRS 69.030 only allows for prevailing party attorney's fees in civil actions, while JCRCP 3 specifically provides that there are three
types of matters in Nevada's Justice Court, and expressly separates landlord tenant matters from civil actions, and, as such, the prevailing party
attorney's provisions of NRS 69.030 do not apply and there exists no other basis for an attorney's fees award under any of the arguments Baker or Hill
put forth. There conduct is tantamount to extortion while leveraging their law licenses and degrees.



Further, I would like for you to seek a continuance of the trial in this matter as this case is going to require extensive discovery, settlement negotiations,
and other complex legal work and there is not enough time for that as the schedule is currently set. I am attaching a collection of written materials the
landlord/property owner at 121 River Rock St 89501 (where the trespass arrest occurred sent me), including some letters that inform me they were
charging me the full rent of the property for the entire month of November 2011 (the illegal lockout allegedly occurred on November 1, 2011, though
there has been no proof of service or "receipt" pursuant to NRS 40, and given that the lockout was apparently signed by Judge Sferrazza on October
27th, 2011, that day does not count for service of the Order, the Reno Justice Court is closed on Fridays, non judicial weekend days don't count for the 3
days for service under NRCP 4-6, etc. As such, the earliest service by mail could have been affected for the Order for Summary Eviction would have been
November 2, 2011. It is alleged the lockout occurred prior to that time, and further, no emails were received from Richard Hill's email address,
rhill@richardhillaw.com at any point between August 17th, 2011 and November 18th, 2011, period. Whether any emails from Hills
rhill@richardhillaw.com address were "bounced back" to him or whether that address was added to my "blocked sender" list is a matter for Mr. Hill to
sludge his way through, but I can attest under penalty of perjury that I did not receive any emails from that rhill@richardhillaw.com email address
between that time period. I can further attest that I made calls and written correspondences to both Hill's rhill@richardhillaw.com email and his
associate Casey Baker, Esq.'s email, electroencephalographic addresses that went unresponded to with regard to my numerous requests to be allowed
access to remove my property commercial and otherwise
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These included, but were not limited to, the following:









From: zachcoughlin@hotmail.com



Sent: Wed 11/09/11 12:43 PM



To: Casey Baker (cdbaker@richardhillaw.com)









Don't ignore my calls about my possessions. You potentially conducted an illegal lockout of a law office an inspection outside my presence. The lease
requires my presence. It also makes your guy responsible for the electric bill, read it carefully. Show your proof of any "receipt" of any lockout order 24
hours prior to your actions. My possessions better be safe and afforded all legal protections and I want updates one whatf is being done with them and
an opportunity to clean or otherwise put the premises in the condition I intended to leave it in prior to the illegal lockout. I want my possessions that
are in the house and all privacy rights respected. There is a motion for stay in district court right now.



Re: Verification of Your Debt? 11/10/11
To Casey Baker
From: zachcoughlin@hotmail.com
(Sent: Thu 11/10/11 12:24 PM
To: Casey Baker (cdbaker@richardhillaw.com)
You guys are way over the days for providing verification under the FDCPA. Can you say treble damages? I habe not received a single email such as
those you refer to from richard hill. I dont consent to service of anything via email from your shop. I know you want everything to be at warp speed, but
you have to serve me through the mail or some non electronic means. Make sure rich isnt getting "unnsuccessful email transmission" messages....i can
certainly prove i have not received any such emails from Dick. I want my stuff its important client materials etc. You guys have not returned my
messages about that, its wrong to try to charge me rent when you are ducking me.



From: zachcoughlin@hotmail.com Sent: Fri 11/11/11 12:49 AM To: Casey Baker (cdbaker@richardhillaw.com); rhill@richardhillaw.com
(rhill@richardhillaw.com) Hi Guys, I have been having some technical difficulties, some emails appear blank or black, kind of like your client described in
response to some of my emails. Hey, ever heard of a litigation hold notice? That is what this is ,please retain and failure messages you recieve in your
own email which might prove that an email you sent me just didn't quite make it. You know just producing a copy of some email you sent me (even
though i have repeatedly told you i dont consent to service electronically in any form and am not a registered efiler like you two legal eagles) is not
going to be good enough when i break out the old litigation hold notice and anything elese that might tend to show any emails you sent could not
have made it to me....why such a rush, Boys? You are doing your patented and typical bang up milking job on thos headstrong rich client of yours...smell
the flowers a little. For instance, you don't want to do an illegal lockout and illegal inspection, particularly where the lease calls for my presence at any
inspection and then if you did not make sure the "receipt" requirement was met for any lockout order then went ahead and violated someone's
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00737
constitutional rights to boot. Plus you are way late on the FDCPA stuff, and the prevailing party atty fee statute is for cicil actons, which jcrcp 3 separates
justice court matters into 3 types, and the civil actions mentioned in seller's prevailing party fee statute is mentioned as different from landord tenant
cases and small claims cases..So where is your good faith basis for moving for atty fees, much less for $20k worth of them. Why did you cite the
controlled substances manufacture statute to support your atty fee motion? I pulled every eviction y'all ever done... RJC has been like swinging the bat
in the on deck circle with 5 donuts on the bat for me, gentlemen. For you, its been the polar opposite. But we gettin' called up to the show! You never
know when you are on tape or film guys. And my bat speed is lookin' tremendous. I have tried again and again to get some response from you guys
about accesing my important files and keeping my very valuable possesions safe but have yet to here back feom you, in the event you have done a
lockout. Mr. Baker said he did some filmmaking or something when he broke in to any attorneys office, it was hard to hear through all the cooing.
Anyways, I aren't that smart, but dontcha have to like store my possessions after movin' them somewhere safe, the make a reasonably diligent attempt
to rent the place out to mitigate and damages or lost rent, plus provide me my deposit within like 10 days or something? I know mighty Casey likes to
give me lil research projects, but I am busy fleshing out some motion work right now, so maybe you get on that and let me know when and where I can
get my things and valuable client files, hopefully you two points of light haven't done nuthhin' to 'em. Now, I dont want to come between you and
Casey...I know he is probably getting a little tired of you keeping most of the profit while he gets dirty doing the gutters, but you guys have a nice lil
batman robin thing going and it would be a shame to see it end, so let's just try and make this work."



From the alleged date of the illegal lockout of November 1, 2011 until Casey Baker's November 10, 2011 written bill to me for full rent for the month of
November 2011 (ie, after the alleged illegal lockout and therefore extinguishing the eviction and creating a new lease or rescinding the eviction order
and, perhaps making extortionate threats to apply an unlawful rent distraint in contravention of NRS 40.460, and NRS 40. 520, etc.) I received two
written correspondences of any sort from anyone connected with the landlord Matt Merliss (a neurosurgeon graduate of Beverly Hills HS) and the law
office of Richard G. Hill, Esq. (including Hill and Baker, etc.). These two written correspondences from Casey Baker are attached and pasted below:






subject: Verification of Your Debt
11/10/11
Casey Baker
To zachcoughlin@hotmail.com
From: Casey Baker (cdbaker@richardhillaw.com)
Sent: Thu 11/10/11 11:13 AM
To: zachcoughlin@hotmail.com
1 attachment
LT Coughlin (verif of debt)(11-10-11).pdf (146.0 KB)
Mr. Coughlin:
Attached please find my letter to you dated November 10, 2011.
Sincerely,
Casey D. Baker, Esq.
Richard G. Hill, Chartered
652 Forest Street
Reno, Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858



Email: cdbaker@richardhillaw.com
CONFIDENTIAL: ATTORNEY WORK PRODUCT; ATTORNEY-CLIENT PRIVILEGE
This e-mail may contain legally privileged or confidential information. If you are not the intended recipient, please do not read, copy, use, or disclose
this communication to anyone other than the intended recipient. If you have received this message in error, please notify the sender and delete the
email message from your system. Thank you.
Circular 230 Notice.
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code
or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
RE: request for 30 days additional to stay in possession disability

11/04/11
Casey Baker
To zachcoughlin@hotmail.com
From: Casey Baker (cdbaker@richardhillaw.com)
Sent: Fri 11/04/11 12:36 PM
To: zachcoughlin@hotmail.com

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Mr. Coughlin:



We have never been served with any paper entitled Motion to Continue in Possession. If you have proof to the contrary, please provide it.
With respect to your request for another 30 days, please identify the legal and factual basis for your request, including any specific statute you are
purporting to invoke.
Casey Baker



Below for your convenience is a copy of the email I recently sent you as my, Zach Coughlin's, counsel of record, Mr. Puentes:



Zach Coughlin, Esq.
From: zachcoughlin@hotmail.com
To: puenteslaw@aol.com
Subject: continuance and my files
Date: Fri, 9 Dec 2011 01:11:35 -0800



Dear Mr. Puentes,

I would like for you to subpoena both Officers present at the arrest of November 13, 2011 to testify at the trial. I would like for you to subpoena (by
subpoena duces tecum, I suppose) all recordings, dispatch reports, written documentation, reports in any way connected to, or other materials, whether
admissible or not, in any way connected to the arrest of November 13, 2011 or the charges against which I am defending in conjunction with your
representation. I wish for you to email me these materials to the extent possible, and where that is not possible, please mail them to me at my address
of record at www.nvbar.org, and found below at the end of this letter. Email is better for me than fax, as it is free whereas I have to pay for faxes by the
page, whether local or not. I prefer email too over having to take time out of what is an extremely busy and trying schedule of mine currently.

RPD Officer Carter made a statement at the scene of the arrest that Mr. Richard Hill paid him a lot of money and therefore he does what Mr. Hill says to
do and arrest who Mr. Hill says to arrest. This has been reported to several RPD Officers, including Sargent Tarter, who responded by retaliating against
me with several traffic citations and made incorrect assertions about whether one would be turning into oncoming one way traffic to get to Mr. Hills
652 Forest St. address from the intersection of Forest and St. Laurence in justifying his retalitatory citation (for which he apparently called in another
officer to write out, curiously). I DO NOT WANT YOU TO DISCUSS MY CASE WITH ANYONE OUTSIDE OF MY PRESENCE, INCLUDING VERBAL AND OR
WRITTEN COMMUNICATIONS. THIS INCLUDES ANY COMMUNICATIONS, VERBAL OR WRITTEN WITH THE RENO MUNICIPAL COURT AND ANYONE IN
ANY WAY CONNECTED WITH THE RENO POLICE DEPARTMENT OR RENO CITY ATTORNEY'S OFFICE, AS WELL AS LEW TAITEL.

Please email or fax me a complete copy of my file, including all pleadings, correspondences, and any other documentation or media at all connected
with my case. Please further disclose any conflicts of interest you might have in representing me. I did not agree to a continuance, and I believe it is my
right as a client to control the means and objectives of the litigation and or defense, and that, to me, does not include waiving my right to contest any
motion for a continuance or making things nice and easy for Richard G. Hill, Esq. Further, I would like to know who agreed to the continuance and why
it is Mr. Taitel is no longer attorney of record (nothing against you, please believe that).

Further, if Mr. Taitel is no longer attorney of record in this matter, please explain why, in detail, in writing. If he has withdrawn, and if you did so based
on some conflict of interest, how is it that that conflict of interest did not preclude him from apparently agreeing to a continuance or failing to file an
opposition or alerting me to the situation at all? Please note my new address and contact information below. Additionally, please indicate, in writing,
the extent to which you have an established procedure to check for conflicts prior to taking on cases and prior to obtaining confidential client files and
information. Please indicate in writing any deviation from such a procedure or failing of your office's practices to prevent such prejudice to my case in
your taking on my representation. Please copy me on any and all correspondences and or documentation or discovery in any way related to this matter.

Sincerely,
/S/ ZACH COUGHLIN, SIGNED ELECTRONICALLY
Zach Coughlin
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402


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00739

faxed signed letter attached
Sincerely,

Zach Coughlin, Esq.
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 12:35 AM
To: puenteslaw@aol.com
2 attachments
12 14 11 faxed letter to Puentes 11 CR 26405 2I.pdf (55.0 KB) , Coughlin IFP and Financial Inquiry Application RMC 11222011 11 CR 26405
2I.pdf (381.9 KB)
Mr. Puentes,
Please find my faxed signed letter attached. Also, if I am supposed to file an updated Financial Status
Application, please find that attached.

December 13th, 2011
Dear Mr. Puentes,
Hello, I received a package from you in the mail today. It did not contain a letter from you or any
indication of whether you will subpoena Dr. Merliss to attend the January Trial date, which is fast
approaching, whether you will depose him or Richard Hill, etc. Please respond in writing regard the
various written requests and questions I posed to you in my recent written correspondences, including,
but not limited to, whether you will comply with my requests to file a Motion in Limine, Motion to
Dismiss, Depose Dr. Merliss and Richard Hill, file a Motion to Set Aside the Continuance, for which I
was never appropriately provided a chance to contest, or served the Original Motion for Continuance.
I want to be copied, in writing, on every single thing related in any way to this case. RMC Rules
require the attorney, such as you and Lew Taitel to file a Notice of Appearance and to file a Motion to
Withdraw. Please provide a copy of the docket in this case. I do not see where Mr. Taitel ever filed a
Motion to Withdraw or where an Order Granting such a withdrawal was granted. It is my
understanding, though, that an Order Granting a Motion to Dismiss was likely entered. I want for you
to file a Motion To Set Aside that Order if it was based on Richard Hill citing some lame reason, like he
was going to be Porsche shopping in Florida or otherwise on vacation for some extended stretch or that
Richard Hill was the only person able to testify about whatever it is Richard Hill may want to testify
about. Dr. Merliss can take time out of raking in millions of dollars being a Beverly Hills HS graduate
neurosurgeon. I want him subpoenaed and deposed for the upcoming trial. I want a subpoena duces
tecum served on Richard Hill for any evidence related to this case, including any videos. Further, I
want you to make an inquiry and take appropriate action to discern whether I was appropriately served
any Notice Setting Hearing documents in this case, ascertaining exactly who (including which Marshal)
may have served me anything, the manner and place in which is was served, whose signature is there,
etc., whether the signature bears a date that is PRIOR in time to the Print Date on the Notice Setting
Hearing, etc.
Further, I want you to subpoena or obtain a copy of (and provide one to me) of the video of the
November 14th, 2011 arraignment, the entire video, start to finish (not just my appearance), I will pay
any charge if I have to, but I believe an IFP was granted that would cover such a charge in this matter.
I do not believe it would be accurate for the Reno Municipal Court to state or write, with respect to my
and the November 14, 2011 arraignment, that DEFENDANT APPEARED, WAS EXPLAINED
HIS/HER RIGHTS BY THE JUDGE AND INDICATED THAT HE/SHE UNDERSTOOD THEM
COMPLETELY... If the RMC has made that assertion in writing I want you to file something in
writing contesting that assertion. I do not believe I have been told that there is any possibility that I will
be required to pay you or the RMC any fees in connection with your representation. If that is not the
case, please explain in writing.
Sincerely,
Zach Coughlin, Esq

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
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client controls means and objectives of litigation under Rules of Professional
Conduct
Nevada Bar No: 9473



** Notice** This messageand accompanying documents arecovered by theelectronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain
confidential information intended for thespecified individual (s) only. If you arenot theintended recipient or an agent responsiblefor delivering it to theintended
recipient, you arehereby notified that you havereceived this document in error and that any review, dissemination, copying, or thetaking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that is
privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that any
disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be
unlawful. If you receive this message in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and
destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 12:52 AM
To: puenteslaw@aol.com
Dear Mr. Puentes,

Please let me know when we can discuss my case, the trial is very soon. I received a mailing from you, but it did not have a signed letter
from you stating what was in the package. Please email me or fax me any document production in the future and redact my personally
identifiable information from all documentions coming in or out of your office.
In the mailing I received from you was:
1. WCSO Mugshot Profile booking no: 1119876, one page
2. Criminal Complaint 11-22185, one page, signed by Richard Hill, not filestamped
3. ARrest Report and Declaration of Probable Cause rpd 1101921 C r650225 , Declarant RPD Officer Carter, no Magistrate signature
(please find out why), one page
4. RPD, 3 pages 11-22185 Adminstrative Information, etc. (please subpoena and depose both RPD Officer's Lopez and Carter, asking them
whether they verbally identified themselves prior to, according to Hill, kicking the door down, and further questions them concerning the
accuracy of Hill's written statement and whether Officer Carter said to the accused that Richard Hill pays him, Officer Carter, a lot of
money and therefore Carter arrests who Hills says to arrest and does what Hill says to do. Further, please depose both officers, asking
whether the accused requested they take any action or ask Hill any questions and whether the Officers did so. Please subpoena the RPD for
any recordings, calls, documentation relating to this matter, or RPD Sargent Tarter's alleged retaliation against me and the traffic citations
he called in another RPD officer to write against me on or around November 15th, 2011. Please file a counterclaimalleged 42 USC 1983
violations againt the City of Reno and the RPD, in addition to other appropriate counterclaims. Please depose Hill to verify his written
account that he actually walked into the Basement, that Merliss himself kicked the door down, whether the RPD Officers verbally
identified themselves prior to the door being kicked down, whether the accused hesitated at all upon the RPD identifying themselves, etc....

Sincerely,



Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documents arecovered by theelectronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain
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00741

CORRECTION FW: client controls means and objectives of litigation under Rules
of Professional Conduct
confidential information intended for thespecified individual (s) only. If you arenot theintended recipient or anagent responsiblefor delivering it to theintended
recipient, you arehereby notified that you havereceived this document in error and that any review, dissemination, copying, or thetaking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that is
privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that any
disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be
unlawful. If you receive this message in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and
destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 1:19 AM
To: puenteslaw@aol.com
Dear Mr. Puentes,


Please amend the list below to include the following:
5. RPD Statement by Richard Hill 11-22185

Further, please note I mistakenly noted in paragraph 4 below, that Hill was attributed as making a
written stament about entering the basement. Please, instead, ask the same questions of Officer Carter,
as to whether he "entered the doorway of the basement and found..." and what exactly he means by "He
was hesitant to come out and eventually did so". IE, what exactly does "eventually" mean? Like, one
second, ten minutes? What? Whether Officer Carter ever actually stepped foot in the basement, or
whether by writing that he "entered the doorway" Officer Carter is actually stating that he peeked his
head in or otherwise peered in. Please inquire as to whether the RPD refused to kick the door down or
whether someone else did, etc. PLEASE ASK OFFICER CARTER WHETHER HIS WRITTEN
STATMENT IS ENTIRELY ACCURATE WHERE IT ATTRIBUTES A QUOTE TO THE
ACCUSED THAT CARTER IS OR WAS "ON RICHARD HILL'S PAYROLL..." and further what
exactly was allegedly said about "working a deal". Please ask Carter and Lopez whether the accused
asked why they didn't just issue a citation and whether one would be arrested for getting their mail after
an eviction and why exactly an incarceration was necessary compared to a citation. Please further
inquire as to whether these Officers refused to make any arrests or investigation requested by the
accused and whether Carter indicated that he would never arrest anyone based on anything said by the
person he is arresting at the time such accusations, or counter accusations, are made. Please further
send Merliss and Hill subpoena duces tecum/interrogatories/request for production/ and request for
admission seeking specific, written indication and evidence supporting all contentions in any of the
materials upon which this arrest or this case is based, including, but not limited to Hill's written
statement that "We have observed evidence that he was coming and going."

Sincerely,

Zach Coughlin

From: zachcoughlin@hotmail.com
To: puenteslaw@aol.com
Subject: client controls means and objectives of litigation under Rules of Professional Conduct
Date: Wed, 14 Dec 2011 00:52:25 -0800

Dear Mr. Puentes,

Please let me know when we can discuss my case, the trial is very soon. I received a mailing from you, but it did not have a signed letter
from you stating what was in the package. Please email me or fax me any document production in the future and redact my personally
identifiable information from all documentions coming in or out of your office.
In the mailing I received from you was:
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00742

THIS COULD WIN THE CASE IN 11 CR 26405 2I
1. WCSO Mugshot Profile booking no: 1119876, one page
2. Criminal Complaint 11-22185, one page, signed by Richard Hill, not filestamped
3. ARrest Report and Declaration of Probable Cause rpd 1101921 C r650225 , Declarant RPD Officer Carter, no Magistrate signature
(please find out why), one page
4. RPD, 3 pages 11-22185 Adminstrative Information, etc. (please subpoena and depose both RPD Officer's Lopez and Carter, asking them
whether they verbally identified themselves prior to, according to Hill, kicking the door down, and further questions them concerning the
accuracy of Hill's written statement and whether Officer Carter said to the accused that Richard Hill pays him, Officer Carter, a lot of
money and therefore Carter arrests who Hills says to arrest and does what Hill says to do. Further, please depose both officers, asking
whether the accused requested they take any action or ask Hill any questions and whether the Officers did so. Please subpoena the RPD for
any recordings, calls, documentation relating to this matter, or RPD Sargent Tarter's alleged retaliation against me and the traffic citations
he called in another RPD officer to write against me on or around November 15th, 2011. Please file a counterclaimalleged 42 USC 1983
violations againt the City of Reno and the RPD, in addition to other appropriate counterclaims. Please depose Hill to verify his written
account that he actually walked into the Basement, that Merliss himself kicked the door down, whether the RPD Officers verbally
identified themselves prior to the door being kicked down, whether the accused hesitated at all upon the RPD identifying themselves, etc....

Sincerely,



Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documents arecovered by theelectronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain
confidential information intended for thespecified individual (s) only. If you arenot theintended recipient or an agent responsiblefor delivering it to theintended
recipient, you arehereby notified that you havereceived this document in error and that any review, dissemination, copying, or thetaking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that is
privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that any
disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be
unlawful. If you receive this message in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and
destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 5:02 AM
To: puenteslaw@aol.com
5 attachments
11 1 2011 Affidavit of Service, Notice of Entry of Order, and Order for Summary Eviction Rev2011-001708.pdf (7.8 MB) , Affidavit of Service
Sheriff's Machen 4 30 pm 11 1 2011.pdf (555.1 KB) , 12 14 11 fax to Puentes ISSUES THAT CAN WIN THE CASE.pdf (144.2 KB) , 11 21 11
Declaration of Richard Hill attach to his M for OSC (11-21-11) Compare to Police Reports and deposition of RPD's Carter and Lopez and
Merliss.pdf (791.4 KB) , 11 21 2011 REV2011-00178 RICHARD HILL'S M for OSC (11-21-11).pdf (711.7 KB)
ZachCoughlin, Esq.
817N. VirginiaSt. #2
Reno, NV89501
Tel: pleaseonlycommunicateinwriting
Fax: 9496677402
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LicensedinNevada, NV Bar No: 9473



December 14
th
, 2011


Dear Mr. Puentes,

Mr. Puentes,

Please find attached the Affidavit of Service, filed November 7th, 2011 in the eviction case in RJ C (REV2011-0017808) from which the
trespass case you are Attorney of Record for (RMC 11 CR 26405 2I) stems. TURNS OUT, THE AFFIDAVIT OF SERVICE FILED BY
THE WASHOE COUNTY SHERIFF'S AUTHORIZED AGENT, J OHN MACHEN ADMITS, IN WRITING, THAT THE EVICTION
ORDER AND LOCKOUT WERE SERVED AND CONDUCTED PRIOR TO THE TIME AND DATE CALLED FOR BY THE
EVICTION ORDER (WHICH WAS NOT EVEN PUT INTO THE MAIL WITH A PROOF OF SERVICE UNTIL NOVEMBER 1,
2011...AND NRCP 4-6 APPLY TO STATUTORY UNLAWFUL DETAINER ACTIONS, THEREFORE, THE RJ C IS CLOSED
FRIDAYS AND OTHER NON JUDICIAL DAYS DO NOT COUNT, NOR DOES THE DAY THE ORDER IS SIGNED COUNT).
PLEASE ALSO FIND ATTACHED RICHARD HILL, ESQ'S DECLARATION ATTACHED TO A MOTION TO SHOW CAUSE HE
FILED IN REV2011-001708, WHICH I BELIEVE MAY PROVIDE FERTILE GROUND FOR IMPEACHING THE WRITTEN
STATEMENTS AND FUTURE TESTIMONY OF RPD OFFICER'S CARTER, LOPEZ, LANDLORD MERLISS, HILL HIMSELF,
ETC. PLEASE DO NOT DISCUSS THIS VERBALLY OR IN WRITING WITH ANYONE OTHER THAN MYSELF ABSENT MY
EXPRESS WRITTEN CONSENT PRIOR TO DOING SO.

I prefer to discuss this with you prior to your taking any action in relation to this illegal lockout or insufficient service of process or early
lockout or however it is described. The Sheriff's server, Machen, might try to argue that he served the Eviction Order at 4:30 pm, then
waited around until after 5 pm (as required by the Eviction Order) to perform the actual lockout. I think it would be best to get Machen
admitting, by tricking him into admitting, if necessary, that he performed the lockout within minutes of serving the Eviction Order.
Further, the law in our State does not seemexceptionally clear with regard to the service and process requirements and timelines, and
manner of calculating time with respect to the "receipt" of Lockout Orders. The Affidavit of Service by Machen states that he "personally
served the described documents upon" my, Zach Coughlin...However, I can attest by Affidavit that I was not "personally served" to the
extent that "personally served" means or implies that I was there, that Machen saw me or identified me, or any of the other indicators of
something, such as a Complaint, being "personally served" such as I understand the phrase to me. NRCP 5(b)(2)(A)(i-iii). Further, as
Baker and Hill have so often pointed out, I cannot, according to them, receive any attorney's fee award for appearing as pro se attorney, as
such, NRCP 5(b)(2)(A)(i-iii), should apply to me only as a party, and not as a party's attorney, and, therefore, according to NRCP 5,
Service: "(2) Service under this rule is made by: (A) Delivering a copy to the attorney or the party by: (i) handing it to the attorney or to the
party; (ii) leaving it at the attorneys or partys office with a clerk or other person in charge, or if there is no one in charge, leaving it in a
conspicuous place in the office; or (iii) if the office is closed or the person to be served has no office, leaving it at the persons dwelling
house or usual place of abode with some person of suitable age and discretion residing there..." So, either it was my office, in which
case a No Cause Eviction Notice makes impermissible a Summary Eviction Proceeding under NRS 40.253, and therefore, the Order of
Summary Eviction is void for lack of jurisdiction, or, the Affidavit of Service was on my home, and was not "handed" to me, or
"personally served" (despite the Affidavit attesting to having "personally served" me), nor was the Order of Summary Eviction served in
accordance with NRCP 5(b)(2)(A)(iii), which requires: "if the office is closed or the person to be served has no office, leaving it at the
persons dwelling house or usual place of abode with some person of suitable age and discretion residing there.."

Further, I believe posting an Order on one's residence door, particularly in the context of serving a No Cause Notice of Eviction or
Unlawful Detainer, is only valid if the document being served is also placed in the mail and 3 non judicial days are accorded for service to
be complete. See NRCP 6(e). I do not believe they can prove that at all, not even close. NRCP applies to Summary Eviction Actions,
according to the following:
"NRS 40.380 Provisions governing appeals. Either party may, within 10 days, appeal from the judgment rendered. But an appeal by the
defendant shall not stay the execution of the judgment, unless, within the 10 days, the defendant shall execute and file with the court or
justice the defendants undertaking to the plaintiff, with two or more sureties, in an amount to be fixed by the court or justice, but which
shall not be less than twice the amount of the judgment and costs, to the effect that, if the judgment appealed frombe affirmed or the
appeal be dismissed, the appellant will pay the judgment and the cost of appeal, the value of the use and occupation of the property, and
damages justly accruing to the plaintiff during the pendency of the appeal. Upon taking the appeal and filing the undertaking, all further
proceedings in the case shall be stayed.
Actually, a lot of people seemed confused regarding the 24 hours lockout thing. The only appearance in either NRS 118A or NRS 40, in the provisions
applicable to Summary Eviction Proceedings of anything related to 24 hours is in NRS 40.253(5), which only speaks to a situation where the Tenant
does not file a Tenant's Answer or Tenant's Affidavit, which is clearly inapplicable here, as the Tenant did file such a Opposition to the No Cause Eviction
Notice: 5. Upon noncompliance with the notice:
(a) The landlord or the landlords agent may apply by affidavit of complaint for eviction to the justice court of the township in which the dwelling,
apartment, mobile home or commercial premises are located or to the district court of the county in which the dwelling, apartment, mobile home or
commercial premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an order directing the sheriff or
constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit must state or contain...
So, absent some statutory provision allowing the Order of Summary Eviction to result in a lockout by the Washoe County Sheriff's Office prior to the 3
days for mailing where personal service of the Order of Summary Eviction was not effectuated, despite what WCSO employee may have incorrectly (or
falsely) asserted in the WCSO's John Machem's Affidavit of Service from, file stamped November 7, 2011 (especially where it is timestamped 4:30 pm,
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November 1, 2011, especially where the Order of Summary Eviction explicitly reads that no such lockout shall occur prior to 5:00 pm on November 1,
2011). See, NRCP 5(b)(2)(A)(i-iii), NRCP 6(e).
Interestingly, Richard Hill knows his case is toast under NRCP 5(b)(2)(A)(i-iii), NRCP 6(e), in addition to NRCP 11. That is why in
Richard Hill's November 21, 2011 Motion for Order To Show Cause, on page 2, Hills resorts to literally grasping at straws, imagining that
what the Washoe County Sheriff's Office customarily does is somehow automatically codified into mandatory precedent black letter law.
To wit, Richard Hill wrote in his Motion For Order To Show Cause that: FACTS SHOWING CONTEMPT OF COURT 6. EXHIBIT
1 was served on Coughlin on November " 2011 by the Washoe County Sheriffs Department, by posting same on the front door of the
property in the manner customary for evictions in Washoe County. The locks to the premises were changed at that time, thereby ejecting
and dispossessing Coughlin of possession of the Property. Further, therein Richard Hill admits that the lockout occurred at 4:30 pm, as
indicated in writing in the WCSO's Machem's Affidavit of Service, contra to the mandate of J udge Sferrazza's Order of Summary Eviction
requiring any lockout to occur after 5:00 pm, November 1, 2011.
NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay. Upon an
appeal from an order entered pursuant to NRS 40.253:
1. Except as otherwise provided in this subsection, a stay of execution may be obtained by filing with the trial court a bond in
the amount of $250 to cover the expected costs on appeal. In an action concerning a lease of commercial property or any other
property for which the monthly rent exceeds $1,000, the court may, upon its own motion or that of a party, and upon a showing of
good cause, order an additional bond to be posted to cover the expected costs on appeal. A surety upon the bond submits to the
jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the suretys agent upon whom papers
affecting the suretys liability upon the bond may be served. Liability of a surety may be enforced, or the bond may be released, on
motion in the appellate court without independent action.
2. A tenant who retains possession of the premises that are the subject of the appeal during the pendency of the appeal shall pay to the
landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. If the tenant fails to
pay such rent, the landlord may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to NRS
40.253.
NRS 40.390 Appellate court not to dismiss or quash proceedings for want of form. In all cases of appeal under NRS 40.220 to 40.420,
inclusive, the appellate court shall not dismiss or quash the proceedings for want of form, provided the proceedings have been conducted
substantially according to the provisions of NRS 40.220 to 40.420, inclusive; and amendments to the complaint, answer or summons, in
matters of form only, may be allowed by the court at any time before final judgment upon such terms as may be just; and all matters of
excuse, justification or avoidance of the allegations in the complaint may be given in evidence under the answer.
NRS 40.400 Rules of practice. The provisions of NRS, Nevada Rules of Civil Procedure and Nevada Rules of Appellate
Procedure relative to civil actions, appeals and new trials, so far as they are not inconsistent with the provisions of NRS 40.220 to
40.420, inclusive, apply to the proceedings mentioned in those sections.
So, considering that NRS 40.400 requires that NRCP apply to Summary Eviction Proceedings under NRS 40.253, then service, process,
and time calculations of such must comport with the dictates of NRCP 5-6: " RULE 5. SERVICE AND FILING OF PLEADINGS AND
OTHER PAPERS
(a) Service: When Required. Except as otherwise provided in these rules, every order required by its terms to be served, every
pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to
discovery required to be served upon a party unless the court otherwiseorders, every written motion other than one which may be heard ex
parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served
upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or
additional claims for relief against them shall be served upon themin the manner provided for service of summons in Rule 4.
(b) Same: How Made.
(1) Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service
shall be made upon the attorney unless the court orders that service be made upon the party.
(2) Service under this rule is made by:
(A) Delivering a copy to the attorney or the party by:
(i) handing it to the attorney or to the party;
(ii) leaving it at the attorneys or partys office with a clerk or other person in charge, or if there is no one in charge,
leaving it in a conspicuous place in the office; or
(iii) if the office is closed or the person to be served has no office, leaving it at the persons dwelling house or usual place
of abode with some person of suitable age and discretion residing there.
(B) Mailing a copy to the attorney or the party at his or her last known address. Service by mail is complete on mailing;
provided, however, a motion, answer or other document constituting the initial appearance of a party must also, if served by mail,
be filed within the time allowed for service; and provided further, that after such initial appearance, service by mail be made only
by mailing from a point within the State of Nevada.
(C) If the attorney or the party has no known address, leaving a copy with the clerk of the court.
(D) Delivering a copy by electronic means if the attorney or the party served has consented to service by electronic
means. Service by electronic means is complete on transmission provided, however, a motion, answer or other document
constituting the initial appearance of a party must also, if served by electronic means, be filed within the time allowed for service.
The served attorneys or partys consent to service by electronic means shall be expressly stated and filed in writing with the clerk
of the court and served on the other parties to the action. The written consent shall identify:
(i) the persons upon whom service must be made;
(ii) the appropriate address or location for such service, such as the electronic-mail address or facsimile number;
(iii) the format to be used for attachments; and
(iv) any other limits on the scope or duration of the consent.
An attorneys or partys consent shall remain effective until expressly revoked or until the representation of a party changes
through entry, withdrawal, or substitution of counsel. An attorney or party who has consented to service by electronic means shall,
within 10 days after any change of electronic-mail address or facsimile number, serve and file notice of the new electronic-mail address or
facsimile number.
(3) Service by electronic means under Rule 5(b)(2)(D) is not effective if the party making service learns that the attempted
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service did not reach the person to be served.
(4) Proof of service may be made by certificate of an attorney or of the attorneys employee, or by written admission, or by
affidavit, or other proof satisfactory to the court. Failure to make proof of service shall not affect the validity of service...
RULE 6. TIME
(a) Computation. In computing any period of time prescribed or allowed by these rules, by the local rules of any district court, by
order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run
shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a nonjudicial day, in
which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a nonjudicial day, or, when the act to be
done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of the district court
inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of
time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and nonjudicial days shall be excluded in the
computation except for those proceedings filed under Titles 12 or 13 of the Nevada Revised Statutes...
(e) Additional Time After Service by Mail or Electronic Means. Whenever a party has the right or is required to do some act
or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon the party
and the notice or paper is served upon the party by mail or by electronic means, 3 days shall be added to the prescribed period.
Subdivision (a) is revised to extend the exclusion of intermediate Saturdays, Sundays, and nonjudicial days to the computation of time
periods less than 11 days consistent with the 1985 amendments to the federal rule. Additionally, the inaccessibility of the court
provision found in subdivision (a) of the federal rule is added to Rule 6(a). Subdivision (a) is further amended, by adding language
referring to proceedings filed under Titles 12 or 13 of the Nevada Revised Statutes, to avoid any changes to current procedures in
probate, guardianship and trust proceedings....
Subdivision (e) is amended to provide an additional 3 days to act in response to a paper that is served by electronic means under
new paragraph (2)(D) added to Rule 5(b)."
NRS 40.253 Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent.
1. Except as otherwise provided in subsection 10, in addition to the remedy provided in NRS 40.2512 and 40.290 to 40.420, inclusive,
when the tenant of any dwelling, apartment, mobile home, recreational vehicle or commercial premises with periodic rent reserved
by the month or any shorter period is in default in payment of the rent, the landlord or the landlordsagent, unless otherwise agreed in
writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises...
4. If the tenant files such an affidavit at or before the time stated in the notice, the landlord or the landlords agent, after receipt of a
file-stamped copy of the affidavit which was filed, shall not provide for the nonadmittance of the tenant to the premises by locking or
otherwise.
5. Upon noncompliance with the notice:
(a) The landlord or the landlords agent may apply by affidavit of complaint for eviction to the justice court of the township in which
the dwelling, apartment, mobile home or commercial premises are located or to the district court of the county in which the dwelling,
apartment, mobile home or commercial premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an
order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order..
6. Upon the filing by the tenant of the affidavit permitted in subsection 3, regardless of the information contained in the affidavit, and
the filing by the landlord of the affidavit permitted by subsection 5, the justice court or the district court shall hold a hearing, after service
of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section.
If the court determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful
detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the
tenant. If the court determines that there is a legal defense as to the alleged unlawful detainer, the court shall refuse to grant either
party any relief, and, except as otherwise provided in this subsection, shall require that any further proceedings be conducted
pursuant to NRS 40.290 to 40.420, inclusive. The issuance of a summary order for removal of the tenant does not preclude an action
by the tenant for any damages or other relief to which the tenant may be entitled....
7. The tenant may, upon payment of the appropriate fees relating to the filing and service of a motion, file a motion with the court, on a
form provided by the clerk of the court, to dispute the amount of the costs, if any, claimed by the landlord pursuant to NRS 118.207 or
118A.460 for the inventory, moving and storage of personal property left on the premises. The motion must be filed within 20 days after the
summary order for removal of the tenant or the abandonment of the premises by the tenant, or within 20 days after:
(a) The tenant has vacated or been removed fromthe premises; and
(b) A copy of those charges has been requested by or provided to the tenant,
whichever is later.
8. Upon the filing of a motion pursuant to subsection 7, the court shall schedule a hearing on the motion. The hearing must be
held within 10 days after the filing of the motion. The court shall affix the date of the hearing to the motion and order a copy
served upon the landlord by the sheriff, constable or other process server. At the hearing, the court may:
(a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118.207 or 118A.460 and any accumulating daily costs; and
(b) Order the release of the tenants property upon the payment of the charges determined to be due or if no charges are determined to
be due.
Landlord Merliss filed only a No Cause Notice of Eviction in REV2011-001708 on Commercial Tenant Zach Coughlin, Esq.'s law office.
As such, a Summary Eviction Proceeding is impermissible given the requirement of NRS 40.253 that the Notice alleged non-payment of
rent to allow the landlord to proceed under the Summary Eviction Proceeding section, NRS 40.253. Further, Judge Sferrazza was
precluded from ruling on anything other than possession of the premises pursuant to NRS 40.253(6), Anvui, and Glazier. Further, the
tenancy did not terminate under the Lease Agreement, it ws renewed.
NRS 40.254 Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property.
Except as otherwise provided by specific statute, in addition to the remedy provided in NRS 40.251 and in NRS 40.290 to 40.420, inclusive,
when the tenant of a dwelling unit which is subject to the provisions of chapter 118A of NRS, part of a low-rent housing program operated
by a public housing authority, a mobile home or a recreational vehicle is guilty of an unlawful detainer, the landlord is entitled to the
summary procedures provided in NRS 40.253 except that:
1. Written notice to surrender the premises must:...(e) A statement that the claim for relief was authorized by law.
As such, the too early lockout brings into play the following:
NRS 118A.390 Unlawful removal or exclusion of tenant or willful interruption of essential services; procedure for expedited relief.
1. If the landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the
tenants entry upon the premises or willfully interrupts or causes or permits the interruption of any essential service required by
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the rental agreement or this chapter, the tenant may recover immediate possession pursuant to subsection 4, proceed under NRS
118A.380 or terminate the rental agreement and, in addition to any other remedy, recover the tenants actual damages, receive an
amount not greater than $1,000 to be fixed by the court, or both.
2. In determining the amount, if any, to be awarded under subsection 1, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harmto the tenant caused by the landlords conduct.
3. If the rental agreement is terminated pursuant to subsection 1, the landlord shall return all prepaid rent and security recoverable under
this chapter.
4. Except as otherwise provided in subsection 5, the tenant may recover immediatepossession of the premises from the landlord by filing a
verified complaint for expedited relief for the unlawful removal or exclusion of the tenant fromthe premises or the willful interruption of
essential services.
5. A verified complaint for expedited relief:
(a) Must be filed with the court within 5 judicial days after the date of the unlawful act by the landlord, and the verified complaint must be
dismissed if it is not timely filed. If the verified complaint for expedited relief is dismissed pursuant to this paragraph, the tenant retains the
right to pursue all other available remedies against the landlord.
(b) May not be filed with the court if an action for summary eviction or unlawful detainer is already pending between the landlord and
tenant, but the tenant may seek similar relief before the judge presiding over the pending action.
6. The court shall conduct a hearing on the verified complaint for expedited relief within 3 judicial days after the filing of the verified
complaint for expedited relief. Before or at the scheduled hearing, the tenant must provide proof that the landlord has been properly served
with a copy of the verified complaint for expedited relief. Upon the hearing, if it is determined that the landlord has violated any of the
provisions of subsection 1, the court may:
(a) Order the landlord to restore to the tenant the premises or essential services, or both;
(b) Award damages pursuant to subsection 1; and
(c) Enjoin the landlord fromviolating the provisions of subsection 1 and, if the circumstances so warrant, hold the landlord in contempt of
court.
7. The payment of all costs and official fees must be deferred for any tenant who files a verified complaint for expedited relief. After any
hearing and not later than final disposition of the filing or order, the court shall assess the costs and fees against the party that does not
prevail, except that the court may reduce themor waive them, as justice may require.



NRS 118A.090 Exclude defined. Exclude means to evict or to prohibit entry by locking doors or by otherwise blocking or attempting to block entry,
or to make a dwelling unit uninhabitable by interrupting or causing the interruption of electric, gas, water or other essential services.
ALL PAPERS AND PLEADINGS AND CORRESPONDENCS PREVIOUSLY SUBMITTED TO THE RENO JUSTICE COURT AND OR ITS EMPLOYEES IS HEREBY
INCORPORATED BY REFERENCE INTO THIS FILING.
NRS 118A.190: Notice: Definition; service.
1. A person has notice of a fact if:
(a) The person has actual knowledge of it;
(b) The person has received a notice or notification of it; or
(c) From all the facts and circumstances the person reasonably should know that it exists.
2. Written notices to the tenant prescribed by this chapter shall be served in the manner provided by NRS 40.280.
3. Written notices to the landlord prescribed by this chapter may be delivered or mailed to the place of business of the landlord designated in the rental
agreement or to any place held out by the landlord as the place for the receipt of rental payments from the tenant and are effective from the date of
delivery or mailing.
NRS 40.280 Service of notices to quit; proof required before issuance of order to remove.
1. Except as otherwise provided in NRS 40.253, the notices required by NRS 40.251 to 40.260, inclusive, may be served:
(a) By delivering a copy to the tenant personally, in the presence of a witness;
(b) If the tenant is absent from the tenants place of residence or from the tenants usual place of business, by leaving a copy with a person of suitable
age and discretion at either place and mailing a copy to the tenant at the tenants place of residence or place of business; or
(c) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a
conspicuous place on the leased property, delivering a copy to a person there residing, if the person can be found, and mailing a copy to the tenant at
the place where the leased property is situated.
I did not receive any of the emails allegedly sent to my from Richard Hill's email address, rhill@richardhillaw.com between August 18
th
, 2011 to
November 17
th
, 2011, and certainly none from rhill@richardhillaw.com during the period between the illegal lockout at 4:30 pm November 1, 2011 and
the trespass arrest of November 13
th
, 2011 which allegedly spoke to my being provided access to the property for the purpose of my removing my
belongings, despite my numerous calls and written requests, which outlined the exigencies inherent to my being precluded access to my client files
incident to an unlawful and improperly notice and too early occurring lockout by the WCSO. I and my business have been damaged greatly by these
acts. Further, I had repeatedly sent both Baker and Hill notice, in writing, that I did not consent to service or notice of anything via electronic means.
Further NRS 118A.190 does not speak to notice of a legal finding, but rather to notice of a fact. As such, I was not appropriately served notice of the
Order of Summary Eviction, and an illegal lockout occurred, as such no criminal trespass charge can stand.
NRS 118A.260 Disclosure of names and addresses of managers and owners; emergency telephone number; service of process.
1. The landlord, or any person authorized to enter into a rental agreement on his or her behalf, shall disclose to the tenant in writing at or before the
commencement of the tenancy:
(a) The name and address of:
(1) The persons authorized to manage the premises;
(2) A person within this State authorized to act for and on behalf of the landlord for the purpose of service of process and receiving notices and
demands; and
(3) The principal or corporate owner.
(b) A telephone number at which a responsible person who resides in the county or within 60 miles of where the premises are located may be called in
case of emergency.
2 The information required to be furnished by this section must be kept current and this section is enforceable against any successor landlord or
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FW: THIS COULD WIN THE CASE IN 11 CR 26405 2I
manager of the premises.
3. A party who enters into a rental agreement on behalf of the landlord and fails to comply with this section is an agent of the landlord for purposes of:
(a) Service of process and receiving notices and demands; and
(b) Performing the obligations of the landlord under law and under the rental agreement.
4. In any action against a landlord which involves his or her rental property, service of process upon the manager of the property or a person described
in paragraph (a) of subsection 1 shall be deemed to be service upon the landlord. The obligations of the landlord devolve upon the persons authorized
to enter into a rental agreement on his or her behalf.
5. This section does not limit or remove the liability of an undisclosed landlord.
NRS 40.310 Issue of fact to be tried by jury if proper demand made. Whenever an issue of fact is presented by the pleadings, it shall be tried by a jury, if
proper demand is made pursuant to the Nevada Rules of Civil Procedure or the Justice Court Rules of Civil Procedure



Actually, a lot of people seemed confused regarding the 24 hours lockout thing. The only appearance in either NRS 118A or NRS 40, in the provisions
applicable to Summary Eviction Proceedings of anything related to 24 hours is in NRS 40.253(5), which only speaks to a situation where the Tenant
does not file a Tenant's Answer or Tenant's Affidavit, which is clearly inapplicable here, as the Tenant did file such a Opposition to the No Cause Eviction
Notice: 5. Upon noncompliance with the notice:
(a) The landlord or the landlords agent may apply by affidavit of complaint for eviction to the justice court of the township in which the dwelling,
apartment, mobile home or commercial premises are located or to the district court of the county in which the dwelling, apartment, mobile home or
commercial premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an order directing the sheriff or
constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit must state or contain...
So, absent some statutory provision allowing the Order of Summary Eviction to result in a lockout by the Washoe County Sheriff's Office prior to the 3
days for mailing where personal service of the Order of Summary Eviction was not effectuated, despite what WCSO employee may have incorrectly (or
falsely) asserted in the WCSO's John Machem's Affidavit of Service from, file stamped November 7, 2011 (especially where it is timestamped 4:30 pm,
November 1, 2011, especially where the Order of Summary Eviction explicitly reads that no such lockout shall occur prior to 5:00 pm on November 1,
2011). See, NRCP 5(b)(2)(A)(i-iii), NRCP 6(e).
Interestingly, Richard Hill knows his case is toast under NRCP 5(b)(2)(A)(i-iii), NRCP 6(e), in addition to NRCP 11. That is why in
Richard Hill's November 21, 2011 Motion for Order To Show Cause, on page 2, Hills resorts to literally grasping at straws, imagining that
what the Washoe County Sheriff's Office customarily does is somehow automatically codified into mandatory precedent black letter law.
To wit, Richard Hill wrote in his Motion For Order To Show Cause that: FACTS SHOWING CONTEMPT OF COURT 6. EXHIBIT
1 was served on Coughlin on November " 2011 by the Washoe County Sheriffs Department, by posting same on the front door of the
property in the manner customary for evictions in Washoe County. The locks to the premises were changed at that time, thereby ejecting
and dispossessing Coughlin of possession of the Property. Further, therein Richard Hill admits that the lockout occurred at 4:30 pm, as
indicated in writing in the WCSO's Machem's Affidavit of Service, contra to the mandate of J udge Sferrazza's Order of Summary Eviction
requiring any lockout to occur after 5:00 pm, November 1, 2011.
Sincerely,

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473


Sincerely,

Zach Coughlin, Esq.



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00748
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 5:39 AM
To: puenteslaw@aol.com
5 attachments
11 1 2011 Affidavit of Service, Notice of Entry of Order, and Order for Summary Eviction Rev2011-001708.pdf (7.8 MB) , Affidavit of Service
Sheriff's Machen 4 30 pm 11 1 2011.pdf (555.1 KB) , 12 14 11 fax to Puentes ISSUES THAT CAN WIN THE CASE.pdf (144.2 KB) , 11 21 11
Declaration of Richard Hill attach to his M for OSC (11-21-11) Compare to Police Reports and deposition of RPD's Carter and Lopez and
Merliss.pdf (791.4 KB) , 11 21 2011 REV2011-00178 RICHARD HILL'S M for OSC (11-21-11).pdf (711.7 KB)
Hi Mr. Puentes,

What is inconsistent in the discovery you provided me and Hill's Motion to Show Cause? I am
interested to see what you come up with and who you would want to ask what questions. I went to the
University of Washington too, for awhile at least, year round from 9/95 to 12/96.

Hill's Declaration in his 11 21, 2011 Motion to Show Cause indicates that:
"DECLARATION OF RICHARD G. HILL, ESQ.
RICHARD G. HILL, ESQ., being first duly sworn, deposes and under penalty
of perjury avers:
1. I am a resident of the City of Reno, County of Washoe, State of Nevada,
and over 18 years of age. This declaration is based on my personal knowledge, exceptthose
matters stated on information and belief, and as to those items I believe them to be true.
This declaration is made in support of plaintiffs Motion for Contempt Citation, and
represents my testimony if called on to present same in court.
2. I am an attorney duly licensed as such by the State of Nevada to practice
before all courts of this State and maintain my office at 652 Forest Street, Reno, Nevada.
I am also licensed to practice before the United States District Court for the District of
Nevada, the Ninth Circuit Court of Appeals and the United States Supreme Court.
III
3. My office represents the plaintiff, Dr. Matthew Merliss, in this matter.
4. On October 27, 2011, this court signed a summary eviction order, and on
November 1, 2011, the Washoe County Sheriff's Department served that order. The notice
was posted on the door of the home by the Washoe County Sheriff's Department in the
manner customary in Washoe County for evictions. The locks on the front door and back
door were changed, and we retained all keys to the home.
5. After that date, I began to notice that it looked like somebody had been
getting into the home. On approximately November 4, 2011, I became concerned about the
home and its contents. I entered it and was able to confirm that "somebody" had been
getting in. I thought I had secured the means of entry being used by whoever it was that
was getting in. However, on later visits to the home, it was clear that the home was still
being surreptitiously accessed.
6. On November 13, 2011, Dr. Merliss came to Reno because he wanted to
inspect the home. Upon entry, it was clear that somebody had again accessed the home.
7. We tried to enter the basement and found the door was barricaded, not
locked, from the inside. We were concerned that whoever had been accessing the home was
inside, so we called the police.
8. When the police arrived, they agreed with us that it was very likely that
somebody was barricaded in the basement. The police tried to coax the personto come out,
but without success.
9. When the police declined to break down the door, Dr. Merliss did so. The
police looked inside and discovered the defendant, Zachary Coughlin, and his dog.
10. Coughlin came out peacefully, went upstairs and was placed under arrest
by the police for trespassing.
11. After Coughlin was taken to jail, Dr. Merliss and I tried to videotape the
contents ofthe basement where Coughlin had been hiding. It was too dark to effectively
videotape, but we were able to ascertain that Coughlin and his dog have been living. in the
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00749
III
basement of the home for quite some time, likely even before the lockout. Iobserved that
Coughlin had a bed set up. He had several computer monitors. He had a store of both food
and water. He had electric space heaters.
12. Since the eviction order was served, my associate, Mr. Baker, and I had
sent numerous emails to Coughlin, in which we both repeatedly made it clear to him that
he was not to be at the home without our prior permission. No such permission was given.
Mr. Coughlin had no reason to possibly think he was permitted on the property. We had
tried to coax him to cooperate on getting his possessions out, without success, or even a
response.
13. As a result of Mr. Coughlin's break-ins, Dr. Merliss has incurred a bill of
$1,060 with a licensed contractor to secure the premises. That does not include the cost of
the door that was broken in order to get Coughlin out. That does not include the numerous
hours of me and my staff to deal with Mr. Coughlin's repeated break-ins at the home.
14. I am no expert, but I believe Mr. Coughlin is what is called a "hoarder."
He has many car seats throughout the house. He has many dead televisions. He has a box
of car window servo motors. The attic, which can only be accessed through a very narrow
opening, is full of items, including dead electronic devices.
15. We have found drugs at the home. We found a bag of what looks like
marijuana on the kitchen counter. I found a crack pipe. The contractor found what he said
was a large quantity of pills.
16. Mr. Coughlin has been harassing and stalking me, and possibly, my staff.
On November 15, 2011, he burst intomy office and created a scene. Then, he was parading
up and down the sidewalk across the street with a video camera screaming obscenities at
me and my staff.
III
II I
III
17. I declare under penalty of perjury that the foregoing is true and correct..."
But RPD Officer Carter wrote in his Supplemental Declaration: "On November 13, 2011 at
approximately 1200 hours I responded to 121 River Rock St, Reno, on a report of an
unwanted subject in the home. I arrived on scene with Sgt Lopez and we met with the RIP. Richard Hill,
who told
us the following:Richard is a local attorney who is representing the home owner, Matthew Merliss.
Matthew filed eviction papers on
his tenant, Zachary Coughlin, at 121 River Rock St last month and they were served at the home by
leaving them
on the door. The eviction papers stated that Zachary was to vacate the property on November 1, 2011 .
Matthew has been to the house several times over the past week and has observed evidence of someone
coming
and going. Today he was at the house and found the basement door to be locked from inside.
Matthew contacted Richard who responded and called the police.
Sgt Lopez and I knocked on the basement door and announced loudly "Reno Police" and called out for
Zachary to
open the door. We were met with no response. Matthew decided he would kick the door open, and did
so.
I entered the doorway of the basement and found Zachary standing at the rear of the room holding a
small dog.
He was hesitant to come out and eventually did so.
Zachary came upstairs and instantly started arguing his legal standing in the house, asking me
"hypothetically
speaking" type questions. He then told me I was making a false arrest due to the fact that I am on
Richard Hill's
payroll and he was going to sue me.
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00750
I tried to explain to Zachary that he was seNed eviction papers and he asked me what I could do about it
if he
hypothetically didn't get them . He then told me that he had worked a deal with Matthew to continue
paying rent
and that the legal eviction was no longer val id.
I again tried to explain to Zachary that a judge had signed anorder forcing him to leave the property and
all he did
was cite civil case law to me (l'm unsure if any of the cases he was rambling on about even exist) and
tell me that
I was making a bad arrest.
Due to Zachary not believing he has done anything wrong that the fact he believes he still has standing
there is
reasonable grounds to believe Zachary will return to the house. Therefore he did not qualify for a
misdemeanor
citation.
Richard completed a statement on Matthews' behalf and signed a criminal complaint.
Zachary was transported and booked into the Washoe County Jail without incident for
Trespassing...."Further, Richard Hill's own Written Statment of 11 13, 2011, provided to the RPD writes
that "We evicted Coughlin. The papers were posted by WCSO on 11/1/11 We have observed evidence
that he was coming and going...."

Why didn't Merliss make a Written Statement. Was Merliss really in Reno during the time frame to
observe what Hill asserts Merliss observed in Hill's Declaration of 11 21, 2011? What other holes do
you see?

Hills 11 21, 2011 Declaration states that: "6. OnNovember 13, 2011, Dr. Merliss came to Reno because
he wanted to
inspect the home. Upon entry, it was clear that somebody had again accessed the home.
7. We tried to enter the basement and found the door was barricaded, not
locked, from the inside. We were concerned that whoever had been accessing the home was
inside, so we called the police.
8. When the police arrived, they agreed with us that it was very likely that
somebody was barricaded in the basement. The police tried to coax the person to come out,
but without success.
9. When the police declined to break down the door, Dr. Merliss did so. The
police looked inside and discovered the defendant, Zachary Coughlin, and his dog.
10. Coughlin came out peacefully, went upstairs and was placed under arrest
by the police for trespassing."

However, RPD Officer Carter's Narrative, on page 3 of 3 from his November 14th, 2011 Report
writes that: "Matthew has been to the house several times over the past week and has
observed evidence of someone coming and going. Today he was at the house and found the
basement door to be locked from inside.
Matthew contacted Richard who responded and called the police.
Sgt Lopez and I knocked on the basement door and announced loudly "Reno Police" and
called out for Zachary to open the door. We were met with no response. Matthew decided he
would kick the door open, and did so.
I entered the doorway of the basement and found Zachary standing at the rear of the room
holding a small dog.
He was hesitant to come out and eventually did so."

Hill's Declaration contains nothing about this "reluctance" RPD Officer Carter mentions
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00751

FW: 121 River Rock
Further, Hill's Declaration makes no mention of Merliss's noticing anything at the property or
any trips by Merliss to the property, in marked contrast to RPD Officer's Carter writing that
"Matthew has been to the house several times over the past week and has observed evidence
of someone coming and going." Additionally, Merliss picked up my dog and held it in his
hands close to his body and demanded that I let him have it, and the RPD Officers did nothing
about it, further, Merliss was taunting me during the arrest demanding I give him "some more
eye contact", accusing me of costing him $20,000 for the informed consent wrong site legal
surgery that was Hill's billing of $20K in a Summary Eviction Proceeding where JCRCP 3 and
NRS 69.030 preclude an award of fees, etc. Notice Hill's Declaration only writes that "the police
tried to coax the person out" but clearly does not corroborate RPD's Carter's assertion that the
RPD announced itself as police prior to the door being kicked down. Hills Written Statement
that the eviction papers were "served" by the WCSO "leaving them on the door" is a violation
of NRCP 11 and leaves him and his client liable for the wrongful arrest and defamation that
occurred incident to RPD's actions.

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documents arecovered by theelectronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain
confidential information intended for thespecified individual (s) only. If you arenot theintended recipient or an agent responsiblefor delivering it to theintended
recipient, you arehereby notified that you havereceived this document in error and that any review, dissemination, copying, or thetaking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that is
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other applicable privilege.


From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sat 12/17/11 12:15 AM
To: ballardd@reno.gov; howardk@reno.gov; robertsp@reno.gov; renomunirecords@reno.gov; hazlett-stevensc@reno.gov; puenteslaw@aol.com

Unbelievable. The idea that exculpating evidence is being withheld under some "lien" is transmitted into the universe, next thing I know, my law office
is broken in to and the Richard B. Hill gang is stil asserting a lien on property that was stolen, in my opinion,as a result of their own negligence, leaving
a window air conditioner unit in a window, without even putting a window jam between the top of the sill and lower pain, facing a sidewalk a block
from the Lakemill Lodge and across from City Center Apartments, great. Great. And I still have not been faxed or appropriately served the Order and
Contempt OrderI was told would be faxed to me.

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
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00752
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documents arecovered by theelectronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain
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From: zachcoughlin@hotmail.com
To: cdbaker@richardhillaw.com; knielsen@richardhillaw.com; sgallagher@richardhillaw.com
Subject: RE: 121 River Rock
Date: Wed, 14 Dec 2011 15:43:38 -0800

Dear Mr. Baker,

I drove by the property recently and saw you had added boarding up the front door on very, very recently. Unfortunately, your client and your firm,
despite billing up some $1,060 for "securing" the property on top of charging $900 for storage for what could fit inside a 10x20 foot storage shed,
never once providing an inventory, and contributing to a wrongful arrest and defamation causing me and my clients great damage, failed to take even
basic steps to secure the property, despite my making numerous written requests that you do so, including, but not limited to, taking the damn window
unit air conditioner out of the window facing the sidewalk on the side of the house very close to the damn Lakemill Lodge, or even putting a strong
stick in between the bottom sliding window pain and the top of the sill to prevent someone from simply pushing in the window unit air conditioner and
pushing the window up to gain access. Further, a blanket that was on the orange circular couch is clearly in the flower bed in front of the house.
Additionally, there are reports that someone with your office gave someone a mattress from the inventory of Coughlin Memory Foam (a Nevada
licensed business located at the property) and an expensive mattress platform has clearly been damaged and placed in the flower bed as well, in
addition to one of the wooden porch shades being removed from the front porch. You and your client are, of course, liable for all of this.

Sincerely,

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documents arecovered by the electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain
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From: cdbaker@richardhillaw.com
To: zachcoughlin@hotmail.com
CC: rhill@richardhillaw.com
Subject: 121 River Rock
Date: Wed, 14 Dec 2011 13:50:02 -0800

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00753

need to communicate with you regarding my requests
Mr. Coughlin:

The River Rock property has been broken into. We believe the break-in occurred sometime on Monday, December 12, 2011. There appear to be items
missing, including the TV in the living room, perhaps a computer monitor, and perhaps some stereo equipment. I cant tell what else. The contents of
the residence appear to have been rifled through.

I am providing you with this information as a courtesy. This email does NOT constitute permission for you to go to the River Rock property.

Casey D. Baker, Esq.
Richard G. Hill, Chartered
652 Forest Street
Reno, Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858
Email: cdbaker@richardhillaw.com

CONFIDENTIAL: ATTORNEY WORK PRODUCT; ATTORNEY-CLIENT PRIVILEGE
This e-mail may contain legally privileged or confidential information. If you are not the intended recipient, please do not read, copy, use, or disclose this communication to anyone other than the
intended recipient. If you have received this message in error, please notify the sender and delete the email message from your system. Thank you.
Circular 230 Notice.
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be
used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed
herein.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Mon 12/26/11 3:52 PM
To: puenteslaw@aol.com

Dear Mr. Puentes,
I called you just now and left a message. I have received nothing from you in regard to my written requests for action on your part and for information
in connection with the matter for which you are attorney of record RMC 11 CR 22185 2I.

Please respond in writing.

Sincerely,

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



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00754

scope of representation

new address for me
recipient, you arehereby notified that you havereceived this document in error and that any review, dissemination, copying, or thetaking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that is
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destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Fri 12/30/11 10:36 PM
To: puenteslaw@aol.com
Dear Mr. Puentes,
Please move for a continuance immediately in this matter, set for trial on J anuary 10th, 2011. You
assured me in person at our meeting at your office that you would be able to get one, and I definitely
want and need one, and RMCR indicates there are certain deadlines for moving for one, which I have
already asked you to do in writing.

I am upset that you slammed down the telephone ended our telephone conversation abruptly when we
spoke yesterday, immediately after I asked you to provide something in writing outlining the scope of
your representation of me. I wish for you to prepare and file (after receiving express prior written
authorization from me upon review of your drafts) the Motion to Supress and Motions in Limine I
previously request that you file, in addition to subpoening Dr. Merliss, Richard Hill, both RPD Officers
at the scene of the trespassing arrest, and a subpoena duces tecume to the Law Office of Richard Hill,
the RPD, and Dr. Merliss demanding any and all documentation and or media at all connected with this
matter in any way. Further you indicated that you had not even attempted to view the discovery
produced by the Reno City Attorney, nor did you have any interest in seeing anything I might have to
show you. That was enormously upsetting to me, as any sentient human being might reasonably be
expected to anticipate. Please note my new address. Please file a conflict motion seeking to make the
Reno City Atty recuse itself in light of the conflicts of interest incident to the various arrests and torts
against me committed by the RPD and Reno City Attorney.

Sincerely,


Zach Coughlin, Esq.
1422 E. 9th St.
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documents arecovered by theelectronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain
confidential information intended for thespecified individual (s) only. If you arenot theintended recipient or an agent responsiblefor delivering it to theintended
recipient, you arehereby notified that you havereceived this document in error and that any review, dissemination, copying, or thetaking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that is
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destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

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00755

Pendency of Criminal Prosecution as Ground for Continuance or Postponement
of Civil Action Involving Facts or Transactions upon which Prosecution Is
PredicatedState CasesPendency of Criminal Prosecution as Ground for
Continuance or Postponement of Civil
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sat 12/31/11 1:32 AM
To: puenteslaw@aol.com



Zach Coughlin, Esq.
1422 E. 9th St. #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documentsarecovered by theelectronic CommunicationsPrivacy Act, 18 U.S.C. 2510-2521, andmay contain confidential information intended for the
specifiedindividual (s) only. If you arenot theintendedrecipient or an agent responsiblefor delivering it to theintended recipient, you areherebynotifiedthat you havereceived thisdocument in error andthat
any review, dissemination, copying, or thetaking of any action based on thecontentsof thisinformation isstrictly prohibited. This message is confidential, intended only for the named recipient
(s) and may contain information that is privileged, attorney work product or exempt fromdisclosure under applicable law. If you are not the intended recipient(s), you are
notified that any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be
unlawful. If you receive this message in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and destroy any copies in
any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sat 12/31/11 8:14 PM
To: puenteslaw@aol.com
2 attachments
jail time counsel sixth amendment possibility misdemeanor.pdf (3.1 MB) , fifth amendment right civil proceeding parallel.pdf (2.6 MB)
Pendency of Criminal Prosecution as Ground for Continuance or Postponement of Civil
Action Involving Facts or Transactions upon which Prosecution Is PredicatedState
Cases...37 A.L.R.6th 511 (Originally published in 2008)
;please find that ALR attached, perhaps it speaks to the res gestae and or stay during the pendency of the
civil appeal we discussed vis a vis the criminal trespass charge


Zach Coughlin, Esq.
1422 E. 9th St. #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documentsarecovered by theelectronic CommunicationsPrivacy Act, 18 U.S.C. 2510-2521, andmay contain confidential information intended for the
specifiedindividual (s) only. If you arenot theintendedrecipient or an agent responsiblefor delivering it to theintended recipient, you areherebynotifiedthat you havereceived thisdocument in error andthat
any review, dissemination, copying, or thetaking of any action based on thecontentsof thisinformation isstrictly prohibited. This message is confidential, intended only for the named recipient
(s) and may contain information that is privileged, attorney work product or exempt fromdisclosure under applicable law. If you are not the intended recipient(s), you are
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Page 22of 26 Hotmail Print Message
2/2/2012 http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=cc595d46-b764-4d56-...
00756

Is Roberto Puentes on Youtube.com? also more motivation for you in this case

Zach Coughlin has shared a folder with you.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sat 12/31/11 9:19 PM
To: puenteslaw@aol.com
10 attachments
Legal malpractice in defense of criminal prosecution.pdf (6.7 MB) , Public Defender's Immunity from Liability for Malpractice.pdf (4.0 MB) ,
process server fraud harass trespass.pdf (3.1 MB) , f_Circumstances giving rise to prejudicial conflict of interests between criminal defendant.pdf
(2.7 MB) , public defender liability.pdf (2.2 MB) , conflicts with PUBLIC DEFENDER EMPLOYEES.pdf (2.0 MB) , Civil liability of attorney for abuse
of process process server trespass fraud.pdf (1925.1 KB) , process server abuse harass trespass.pdf (1816.6 KB) , Trespass state prosecution for
unauthorized entry or occupation, for public demonstration purposes, of business, industrial, or utility premises.pdf (339.6 KB) , SUBPOENA TO
TESTIFY AT A HEARING OR TRIAL IN A CRIMINAL CASE.pdf (281.9 KB)
Hi Mr. Puentes,
I know you have repeatedly told me you could care less to watch any youtube.com videos, regardless of
whether they prove my innocence or whatever, however, I think you might need to watch some of these:
http://www.youtube.com/results?
search_query=nevada+court+services&oq=nevada+court+services&aq=f&aqi=&aql=&gs_sm=e&gs_upl=18l3308l0l3556l19l15l0l9l0l1l311l1375l0.1.4.1l6l0

It seems Nevada Court Services, which shares an office and a receptionist with the former appointed public defender for this case representing me, Lew
Taitel, Esq, who departed from RMC Rules by failing to file a Motion to Withdraw when he sought to and failed to disclose the conflict of interest that
he failed to prevent his taking on my case and reviewing ultra personal information, that is directly connected to the subject matter of the litigation
from which the conflict arises as well as the defense of the suit you and he have both appeared as attorney of record in, this trespass case. I don't think
you are on any of the videos, but there are so many ultra zealous documentary filmmakers these days that I cannot be sure.

Anyways, Lew Taitel, as I have indicated to you in writing, is listed as "associated with" Nevada Court Services, on their website, with his picture. They
share and office and a receptionist, and perhaps others staff, in the office across from the former Chocolate Bar. PERHAPS MOST IMPORTANTLY OF
ALL, AND SOMETHING I WANT YOU TO LITIGATE AGGREsSIVELY (CLIENT CONTROLS MEANS AND OBJECTIVES OF A LITIGATION, WHETHER
APPOINTED ATTORNEY LIKES IT OR NOT) IS THAT NEVADA COURT SERVICES, INCLUDE ITS PROCESS SERVER JOEL DURDEN, CAN BE SEEN
TRESPASSING ONTO MY PROPERTY AND OTHERWISE ASSAULTING, HARASSING, AND VEXING ME, BEHIND MY BACK GATE, NO LESS IN THE VIDEOS
FOUND AT THE LINK ABOVE.

PLEASE DISCLOSE ANY CONFLICTS OR PREVIOUS WORKING RELATIONSHIPS YOU HAVE WITH ANY OF THE RENO CITY ATTORNEY, RPD, RENO
MUNICIPAL COURT STAFF, RICHARD HILL, OR ANY OTHER INDIVIDUALS WITH WHOM YOU HAVE HAD PRIOR DEALINGS AND THEREFOR MAY
PRESENT A SITUATION WHERE A CONFLICT OF INTEREST ARISES.

Sincerely,



Zach Coughlin, Esq.
1422 E. 9th St. #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documentsarecovered by theelectronic CommunicationsPrivacy Act, 18 U.S.C. 2510-2521, andmay contain confidential information intended for the
specifiedindividual (s) only. If you arenot theintendedrecipient or an agent responsiblefor delivering it to theintended recipient, you arehereby notifiedthat you havereceived thisdocument in error andthat
any review, dissemination, copying, or thetaking of any action based on thecontentsof thisinformation isstrictly prohibited. This message is confidential, intended only for the named recipient
(s) and may contain information that is privileged, attorney work product or exempt fromdisclosure under applicable law. If you are not the intended recipient(s), you are
notified that any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be
unlawful. If you receive this message in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and destroy any copies in
any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Thu 1/05/12 8:22 AM
Page 23of 26 Hotmail Print Message
2/2/2012 http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=cc595d46-b764-4d56-...
00757

video of trespass arrest
To: puenteslaw@aol.com
Dear Mr. Puentes, Please let me know, in writing, the status of the Motion For Continuance you indicated you would both file and which you felt sure
would be obtained, either through written stipulation with opposing counsel of by Order of the RMC
Zach has 14 files to share with you on SkyDrive. To view them, click the links below.
zach's arrest 001.avi
zach's arrest 002.avi
zach's arrest 003.avi
zach's arrest 004.avi
zach's arrest 005.avi
zach's arrest 006.avi
zach's arrest 007.avi
zach's arrest 008.avi
zach's arrest 009.avi
zach's arrest 010.avi
zach's arrest 011.avi
zach's arrest 012.avi
zach's arrest 013.avi
zach's arrest 014.avi
Download all
Share your files with
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Thu 1/05/12 8:43 AM
To: puenteslaw@aol.com
1 attachment
zach's arrest 009.flv (10.4 MB)
https://skydrive.live.com/redir.aspx?cid=43084638f32f5f28&resid=43084638F32F5F28!1050&parid=43084638F32F5F28!117&authkey=!ACPUJSqi94trtcY


Dear Mr. Puentes,

Please provide an indication, in writing, as to the status of the continuance of the upcoming trespass trial, which you indicated would be obtained.

Sincerely,


Zach Coughlin, Esq.
1422 E. 9th St. #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



Page 24of 26 Hotmail Print Message
2/2/2012 http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=cc595d46-b764-4d56-...
00758

another video of the arrest which lacks anyone telling Coughlin to leave or
seeking to issue a citation in lieu of custodial arrest

ARRESTED FOR JAYWALKING BY RENO PD
** Notice** This messageand accompanying documentsarecovered by theelectronic CommunicationsPrivacy Act, 18 U.S.C. 2510-2521, andmay contain confidential information intended for the
specifiedindividual (s) only. If you arenot theintendedrecipient or an agent responsiblefor delivering it to theintended recipient, you areherebynotifiedthat you havereceived thisdocument in error andthat
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(s) and may contain information that is privileged, attorney work product or exempt fromdisclosure under applicable law. If you are not the intended recipient(s), you are
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any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Thu 1/05/12 3:26 PM
To: puenteslaw@aol.com
1 attachment
zach's arrest 011.flv (16.2 MB)



Zach Coughlin, Esq.
1422 E. 9th St. #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documentsarecovered by theelectronic CommunicationsPrivacy Act, 18 U.S.C. 2510-2521, andmay contain confidential information intended for the
specifiedindividual (s) only. If you arenot theintendedrecipient or an agent responsiblefor delivering it to theintended recipient, you areherebynotifiedthat you havereceived thisdocument in error andthat
any review, dissemination, copying, or thetaking of any action based on thecontentsof thisinformation isstrictly prohibited. This message is confidential, intended only for the named recipient
(s) and may contain information that is privileged, attorney work product or exempt fromdisclosure under applicable law. If you are not the intended recipient(s), you are
notified that any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be
unlawful. If you receive this message in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and destroy any copies in
any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Fri 1/13/12 7:49 AM
To: peteeastman@gmail.com; tcoughlinmd@hotmail.com; marybarkbark@yahoo.com; carcoughster@gmail.com; melissa.l.ulloa@gmail.com;
tjhlaw@eschelon.com; geofgiles@hotmail.com; teddyjames25@gmail.com; jgoodnight@washoecounty.us; puenteslaw@aol.com
1 attachment
SUPPLEMENTAL REPLY TO OPPOSITION CV08-01709 1 13 12.pdf (162.9 KB)
Nevada Courts Services CEO Jeff Chandler drove by the scene while I was in the patrol car. I am suing
Nevada Court Services incident to their trespassing into my backyard and banging on windows and
ringing doorbells in teams for 40 minutes at a clip three times a day on Richard HIlls behalf. Mr.
Puentes, as my court appointed defender in the trespass action against me (arrested at Richard Hill's
behest by an RPD Officer would said Hill pays him money) you recently informed me you have ties to
Nevada Court Services and Lew Taitel, the court appointed defender whom mysteriously was able to
withdraw from my representation prior to your involvement despite not filing a motion in compliance
with Reno Municipal Court Rules, nor any Order granting such a withdrawal being filed. Can you
clarify your, in your words "extremely close relationship with Lew Taitel" and your "business
relationship" with Nevada Court Services?

Sincerely


Page 25of 26 Hotmail Print Message
2/2/2012 http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=cc595d46-b764-4d56-...
00759
To: fcee0399-b5df-4c12-9B26-a29bb1f
Hotmail Print Message
Zach Coughlin, Esq.
1422 E. 9th st. .2
RENO. NV 89512
tel: 775 338 8118
fax; 667 7402
ZachCoughlin@hotmllil.com
Nevada Bar No:
FroB: iathtoughlin 2-16-12 e,14as p, 35 of 35
Page 26 of26
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any IIrm tmm.dI.efiy. It .. ,pt by (llJY'" orho, than tho ItQmwI ,.dplent(6) ,. not. wrIlwr oJ ally worlc p".tluct, ., _tit.,. .",,1&.61. "rlvIl ....
http://byl48w.bay148.mail.live.com/mailJPrintMessages.aspx?cpids=cc595d46-b764-4dS6-... 2/212012
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00760
00760
_ ...........
. "

'fo: 7c3f27e9-fccB-457a-8eDf-7ea559b Froll: zachcoughl1n 2-11-12 4:59pm p. 1 of 8
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Document Code:
Zach COlighlin,Esq.
Nevada Bar No: 9473
1422 E. 9th St, #2
Reno, NV 89512
Telc: 7753388118
Fax: 949 6677402
CO-collllsel for Defendant Coughlin
2012 FEB 21 At, 9: 54
IN THE JUSTICE COURT OF RENO TOWNSHIP
IN AND FOR THE COUNTY OF WASHOE, STATE OF NEVADA
STATE OF NEVADA; )
)
) Plaintift:
VS.
) CASE NO: RCR2012-065630
)
ZACHARY COUGHLIN;
) DEPT. NO: 2
)
)
Dcfcndant. )
)
NOTICE OF APPEARANCE. ENTRY OF PLEA OF NOT GUILTY, WAIVER OF RIGHT
TO ARRAIGNMENT; MOTION TO DISMISS
To all those in Reno, Washoe COtulty, and beyond who want to perpetuate this
chicanery: your'm a goon, but what's a goon [0 a goblin?"
COMES NOW, ZACII COUGHLIN, ESQ., and files the above titled document 011 his own behalf
and it is based Oil the argument and authorities oUld the attachments. Coughlins asks this C01Jl1
to order the WCPD to just give him some money and let llim !:llend it as he sees fit to fulfill 'he
requirement that COllglin, who is indigent, be provided COUllSel under the Amendment
Please incorporate by the materiells attncJled herein. But ill Sh0l1, the alTnignment ill
this matter was set for Febmary 14th, at 9:30 am. The undersigned was of the understanding that
- 1 -
NOTICE Of APPEARANCE, ENTRY OF PLEA OF NOT GUILTY, NAIVER OF RIGHT TO ARRAICNHENT
I
I
. 1
00761
00761
To: 1c3f21e9-fcc8-467a-8eO E-7 ea559b FIOI: zachcouqhl1n 2-11-12 4:59pm p. 2 of 8
1 \VCPD DPD Biray Dogan, E.'lq. was his atto111eyat that point, having discussed the case with Dogan
fol' hOlil'S by that point and having had a face to face discllssioll ~ i t h Dogan where it was agreed that
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Dogan would enter a Not Guilty Please on behalf ofthe accused at the Fehmat}' 14, 2012
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3naiglUllellt in this matter, and waive any such right to an an'aingment to the ell.icnt necessary to
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allowed the IIcellsed to have DoglIll appeal' 011 his own behalf at the atl'Clignment. Further, the
1 undersigned was oft11e understanding that Dogan had already b<3gun settlement l1egotintiolls with
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DDA Young, even prior to meeting with the undersigllt:d 011 approximately Febl1lulY 9th, 2012, and
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that DPD Chris Fortier has, clII'iolisly, contacted the undersigned, somewhat to Dogan's
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consternation. 11le undersigned sent an email to Dogan ShOl11y after lhe an-aiglUuellt should have
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seen Dogan enter a not guilty plea on the undersigned's behalf to inquire about how things went and
:n
whether DnA Young and Dogan had any progress towards a reasonable plea agreement.
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POINTS AND AUTHORITIES
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An an'aigtlment is the first time in il criminal prosecution whell the defendant is brought
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before all open co1l11 to hear the charge(s), and to enter a plea. NRS 174.015. TIle primary pllIpose of
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an an-aignment is to infol111 a defendant of his rights. # Ask the defendant his/her lega1llilme. NRS
20 174.025 explains what to do if a different name is used. # 111 limited jurisdiction courts, read the
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complaint to the deflmdant before the trial .coJllmences if requested. TIle defendant should be given a
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copy of the indictment or infol1natioJ} before be/she pleads. # lufonn the defendant ofhis/hel' right to
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cOlillsel. Although the defendant has already been inf01111ed ofhis/her right, tbis should be done at
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every stage of the proceedings. If the defendant wishes to secure counsel, the matter should be
26 continued 10 allow the defendant to consult an attomey. If the sentence includes the possibility of jail
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time; the defendant HUlst be afforded all attol'llcy. If a defendant w/lnls to represent himself/herself,
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- 2 -
NOTiCE OF APPEARANCE, ENTRY OF PLEA OF HOT GUILTY, ;'IAIVER OF RIGHT TO ARRAIGNMENT
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00762
00762
70: 1c3f27e9-fcc8-467 a-8eDf-7ea559b froll: zachcoughl1n H7-12 4 : 59pII p, J of 8
1 please see the chapter Oil self representation. #If a defendant waives the right to cOllllsel or in
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appearance after counsel is retained or appointed, ask what the plea is: guilty, not guilty, or 11010
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COlltendere (no contest). nle defendant may, in the alternative, or in addition to anyone of the pleas
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pennittcd bysuoset.:tioJ11, plead 110t guilty by reason of insanity not less than 21 days plior to trial.
s
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NRS 174.035(4). # If the defendant refuses to enter a plea, "the COUli shall enter a plea of not guilty."
7 NRS 174.035(5).
B
CONCLUSION
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The undersiglled hereby request this Court allow this filing to serve as an entry of a plea of
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Not Guilty, and waive any requirement or right to the reading of the charges/anaiglUllent, etc. and
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further that tins Court allow Ule ul1dersigned to enter this filing as a Notice of Appearauce of the
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undersigned aSCO-COlIDsel in this matter along with whoever ultimately is the appointed defender,
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and that sanctiosn in the amount of$1,000 be awarded to the undersigned in light of the expense in
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preparing this motion and the fact tbat Dogan is compensated well, yet failed to appear for the
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atTaig11luent (which can happen, whatever, 110t the end of the world), btlt compounded that by his
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hlase refilsal to file something addressing this matter aftelwards or otherwise embracing this 'holistic'
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approach and representations of sllch made oy t ~ WCPD, and any other relief this COlirt feels is just,
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including dismissing tItis case for failure to plead with sufficient particlllarly or make a plima facie
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showing of the crime for \\'11ich the accused is charged, especially considering that Master
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Edmondson granted the undersigned two protection orders in cOllnection with the domestic violence
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for which RPD Sargent Sigfree cmfly dismissed repot1s of, rather (and this may well be on tape,
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RPD) Sargent Sigfree engaged in some blame the victim bashing and frat boy relaliatory police work
26 while affecting ilie malUler and appearance of a chara("icr 011 the NITV renlity television show, the
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"Jersey Shore" with, (and Dogan commented 011 what a great description this was/is) Sargent
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- 3 -
NOTICE: OF APPEARANCE, ENTRY OE' PLEA OF HOT GUILTY, ,'jAIVER OF RIGHT TO ARFAIGHMENT
00763
00763
To: 7c3f27d-fcc8-467a-8e0f-7e659b From: 2aehcoughlin 2-17-12 4:59ps p. 4 of 6
1 Sigireds"wearing asuper tight super short sleeve RPD shirt, despite the arrests(he alsohad the
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undersigned arrested for "jaywalking" upon information and beliefasa"favor" toRichard G. Hill,
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Esq., whom getshisProtection Order signed and stamped by RJC Judge Schroeder within 40
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minutesoffiling it on 1/14/12, and Judge Schroeder screamed at the undersigned at the 1/31/12
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Hearing toExtend Temporary Protection Order , "Doyou want togotojail!" when the undersigned,
7 in response toHill appearing and promptly withdrawing hisinsipid TPO application brought up the
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specter ofactually considering whether Hill might be abusing the processfor an impermissible
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purposed. Ely that point Hill had achieved what he wanted, toprevent Coughlin from collecting the
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videoevidence he wasin the processofcollecting, peaceably and from apublic place, on 1/14/12 of
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Hill'scontractor'shaving fraudulently using Coughlin'sown plywood toboard up Coughlin'sformer
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13 home law office (afraudulent bill wasattached asan exhibit in RJC Rev2011-001708 for this
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"securing" despite such an unlawful rent distraint being outlawed by NRS 118A.520 and NRS
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18A.460 not allowing for "securing" expenses (particularly where 5900 wasalready being charged
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for having furniture at the property and client'sfile form alaw practice, which Hill refused toturn
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over, then lied about hisrefusal tothe RPD and the RJC Court...sue me Richard! IfI am lying sue
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me! You are apathetic pox on the legal profession, Hill, whousesabuse ofprocesstostifle opposing
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counsel'sdiscovery in awrongful eviction matter.))
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As for dismissing thiscase (unlessthe system wantstoruin my family some more....none of
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you know the extent towhich our relationshipshave crumbled under the strain ofthisgang hang)
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consider:
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Kings(Brooklyn) County Criminal case- PepIe v. Mc Duffle, 2011 KNO74543, NYLI 12025314774,
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at *l (Crim., KI, Decided October 27, 2011)- which illustratesthe level ofproofrequired toproperly
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charge (and convict) adefendant ofPetit Larceny (New YorkPenal Law 155.25) and Criminal
NOTICE OF APPEARANCE, ENTRY OF PLEA OF NOT GUILTY, NAIVER OF RIGHT TO ARRAIGNMENT
00764
00764

To: 7c3127e9-fccB-467a-8e0f-lea559b From: zachccughlin 2-17-12 4:59pm p. 5 of 8
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Possession ofStolen Property in the Fifth Degree (New YorkPenal Law 165.40). Toclarify, pursuant
toNY PL 155.25, aperson isguilty ofPetit Larceny when he or she stealsproperty (any pmperty)
with avalue ofone thousand dollarsor less. Additionally, pursuant toNY PL 165.40, aperson is
guilty ofCriminal Possession ofStolen Property in the Fifth Degree when he or she knowingly
possessstolen property with the intent tobenefit him or herself.
So, the bring acharge that hasdestroyed the accused'slife, forever altered the accused's
relationship with hisimmediate family toan alarmingly negative extent, damaged the accused's
professional standing and reputation, caused the accusedstogain 35 poundsand have trouble
sleeping that affectshim on adaily basis, and otherwise send the accused'sliftsintovast turmoil and
anguish, DDA Zach Young crafted, ever socarefully the following Criminal Complaint:
"ZACH YOUNG ofthe County ofWashoe, State ofNevada, verifiesand declares
upon information and beliefand under penalty ofperjury, that ZACHARY
BARKER COUGHLIN, the defendant above-named, hascommitted the crime of:
(insert "misuse of911" NRS cite here) in the manner following, towit; That the
said defendant on or about the January 14th, 2012, at RenoTownship, within the
County ofWashoe, Slate ofNevada, did willfully and unlawfully (insert elements
listed in NRS cite here) at (insert 1422 E. 9th St. #2, Reno89512 addresshere),
Reno, Washoe County, Nevada, with the intent to(insert prohibited volitional act
here)..
COUNT IL POSSESSION OF STOLEN PROPERTY, aviolation ofMRS
205.275, amisdemeanor, in the manner following, towit: That the said defendant
on or about the 20th day ofAugust, 2011, at RenoTownship, within the County
ofWashoe, State ofNevada, did willfully and unlawfully possessor withhold
stolen goodshaving avalue lessthan TwoHundred Fifty Dollars($250. 00), to
wit: an iPhone, at or near 1 North Center Street, Reno, Washoe County, Nevada,
such property being owned by CORY GOBLE, for hisown gain or toprevent the
true owner from again possessing said property, knowing that the property was
obtained by meansoflarceny or under such circumstancesasshould have caused
areasonable man toknow that such goodswere soobtained."
And that'sit. That. Or that will be it, not sure I even have acopy ofthe Complaint, but all
YOung isgoing todoisfile arobo-pleading inserting the text ofthe statute for "misuse of911 or
emergency services, etc..." That conclusmy, circular, completely devoid ofany factual assertions
- 5
-
NOTICE OF APPEARANCE, ENTRY OF PLEA OF NOT GUILTY, WAIVER OF RIGHT TO ARRAIGNMENT
00765
00765

To: 7c3f27e9-fcc8-467a-8e0f-ha$591) From: zachcoughlin 2- 17 - 12 4:S9 pi p. 6 of B
1 other than indicating that the person charged did the thingsthat are listed aselementsofthe offense
2

charged iswhat passesfor stating aprimafacie case at the WCDA Office and with Zach Young. It
3

wasmy understanding the guy getting paid $100K in salary :Ind benefitscould show up towatch
4
the arraignment videowhore the court warnsprose'sthat they will be punished for challenging the
6

primacy ofthe system and itsparasites....those DDA'swhosay "No, Your Honor" at the pre-trial
7

hearing when asked ifthey have anything toadd, with atone ofvoice that suggeststhey have been
8
deeply immersed in ascrabble puzzle or crossword, and those DPD'slike Goodnight, whoactually
9
argued in RCR2011-063341 that he didn't even thinkthe defendant needed aPD asthe state wasn't
10
likely seeking jail time (Goodnight alsohasnoideawhat NRS 189.010 isabout or what "rendition"
11
12
means). Enter Judge Sferrazza, who(like when Richard Hill wanted toget the Summary Eviction
13

Order enforced vialockout within 10 minutesofthe Trial ending) wisely reminded Mr. Goodnight
14
that, not only did the accused have alaw license, which would likely sustain heavy collateral
15
damage upon aconviction ofthe nature ofthe crime charged in that matter, but FURTHER, it was
16
the PD itselfwould insisted on making Coughlin get aCompetency Evaluation, which went on to
17
18
entail several ridiculousattemptsat getting it done by thisone particular entity (selfdealing PD?
19

quid proquo? only one place can doacompetency evil?) but alsoresulted in abill for S170 tothe
20

RJC, which Judge Sferrazzawisely fashioned in apaper airplane and projected right on backtoMr.
21
Hosier. Judge Sferrazzadoesn't hit you over the head with it, but he isenormously intelligent.
22
Please don't revoke my bail, it was$300 I really didn't have at the time, bar duesof$450 are due
23
24
March 1, 2012 and the public doesn't pay mine (enjoy it Goodnight, Dogan, Young, Spencer, et al!)
25

nor doesit pay the 12 creditsofCLE 1 need (scratch that 13K emfeefknocked 3 out for me, soI
26

need 9), I obviously need todothe PD'sjob and prepare for trial, which would he impossible get
27

Abu Graihbed and having all my "tier time" denied by Thor and the Gang up at the Washoe County
28
_ 6 -
NOTICE OF APPEARANCE, ENTRY OF PLEA OF NOT GUILTY, WAIVER OF RIGHT TO ARRAIGNMENT
00766
00766
16
wry
,
To: 7c1f27e9-fcc8-467a-8df-leaS5913 Rorer zacbcoughlio 2-17-12 9:59pa p. 7 of 8
1 Detention Center (1 dolike alot ofpeople there though, and on the RPD force, including Sargent
2
Zach Thew, whotold me I could call him anytime todiscussan issue I washaving with the
3
circumstancesofthe last 6 months, and for which Sargent Sigtiree likely bought the RenoCity
4
Attorney acivil suit todefend. Toall those in Reno, Washoc County and beyond whowant to
5
perpetuate thischicanery: "Okay, you're agoon, but what'sagoon toagoblin?"
7
AFFIRMATIQN AND DECLARATION
8
9
I declare, pursuant toNRS 52.045, under penalty ofper under the lawsofthe State
10 ofNevadathat the foregoing istrue and correct and that thisdocument doesnot contain any
11 social security numbers, pursuant toNRS 239B.030, an affirmation tothat effect thishereby is.
12
13
DATED this17th ofFebruary, 2012:
14
17
Zach Coughlin, Esq.
18
Defendant! Co-Counsel toGoodnight
19
20
21
22
23
24
25
26
27
29
- 7 -
NOTICE OF APPEARANCE, ENTRY OF PLEA OP HOT GUILTY, HAIVER OF RIGHT TO ARRAIGNMENT
00767
00767
To 7c3f0e9-fccB-967a-Be0f-7u5591) rum; uchcoughiln 2-17-11 4159pm p. 3 of 11
1
PROOF OF SERVICE
2
3
ON thisdate, I caused acopy ofthe foregoing document stobe served upon the following by
sending totheir registered email addressand fax number asfound on www.nvbar.org, hand delivery
4 todropslot or front desk, and by placing atrue and correct copy ofthe foregoing doctunent in the
U.S. mail addressed to:
5
6
6
9
10
11
12
13
14
15
16
17
18
19
20
21
Zachary N. Young, Esq.
Washoe County DA
1 South SierraP.O. Box 30083
Reno, NV 89520
Phone Number: 775-328-3200 Fax number: 775-325-6703
Email: zyoung@da.washoecounty.us
Biray Dogan, Esq.
Washoe County Public Defender'sOffice
P.O. Box 30083 Reno, NV 89509
Phone Number: 775-337-4868 Fax number: 775-337-4856
Email: bdogan@washoecounly.us
JEREMY T. BOSLER, Esq.
Bar No. 4925
One CaliforniaAve
Reno, NV 89509
(775) 337-4800
Attorney for Defendant
DATRErthisl7tlt ofFebruary, 2012:
_
22 "en umfghlin-
DEFENDANT
23
24
25
26
27
28
11
.
9 97i 9/12 9&
,
:.PLn.nes.ra I via 03192nw VLF 9P 3 T 9 97 1/0,7.12.9,/ e L
-
1,x o,vr is.r..,.=va n v"5.7
00768
00768


Tod 7c3f27el1fcc8-467a-8e0f-7ea559b Frostzacbcoughlia 2-17-12 4:59pm p. 1 of
"
F
1 Document Code:
Zach Coughlin,Esq.
HUED 21 AM 9: 54
2
NevadaBar No: 9473
1422 E. 9th St., #2
3

Ri
l
l IC
GUM
.

Reno, NV 89512
4 Tele: 775 338 8118
Fax: 949 667 7402
5
Co-counsel for Defendant Coughlin
LN THE JUSTICE COURT OF RENO TOWNSHIP
IN AND FOR THE COUNTY OF WASHOE, STATE OF NEVADA
8
9
STATE OF NEVADA;
lo
Plaintiff,
11
12 VS.
13 ZACHARY COUGHLIN;
)
)
)
) CASE NO: RCR2012-065630
)
) DEPT. NO: 2
)
)
14
Defendant.
)
15
)
16 NOTICE OF APPEARANCE. ENTRY OF PLEA OF NOT GUILTY. WAIVER OF RIGHT
TO ARRAIGNMENT: MOTION TO DISMISS
17
18
Toall those in Reno, Washoc County, and beyond whowant toperpetuate this
chicanery: "Okay, yonr're a goon, but what's a goon to a goblin?"
19
COMES NOW, ZACH COUGHLIN, ESQ., and filesthe above titled document on hisown behalf
20
and it isbased on the argument and authoritiesherein, and the attachments. Cougldinsasksthiscourt
21
22
toorder the WCPD tojust give him sonic money and let him spend it ashe seesfit tofulfill the
23
requirement that Couglin, whoisindigent, be provided counsel under the Sixth Amendment
24
FACTS
25
26
Please incorporate by reference the materialsattached herein. But in short, the arraignment in
27
thismatter wasset for February 14th, at 9:30 am. The undersigned wasofthe understanding that
28
1 -
NO TICE O F APPEARANCE, ENTRY O F PLEA O F NO T GUILTY, WAIVER O F RIGHT TO ARRAIGNMENT
00769
00769
To:,1c3t27e9-icc8-461a-legf-1ea559b
WCPD DPD Biray Dogan, Esq. washisattorney at that point, having discussed the case with Dogan
2
for hoursby that point and having had aface toface discussion with Dogan where it wasagreed that
3
Dogan would enter aNot Guilty Please on behalfofthe accused at the February 14, 2012
arraignment in thismatter, and waive any such right toan arrainginent tothe extent necessary to
5
allowed the accused tohave Dogan appear on hisown behalfat the arraignment Further, the
7 undersigned wasofthe understanding that Dogan had already begun settlement negotiationswith
DDA Young, even prior tomeeting with the undersigned on approximately February 9th, 2012, and
9
that DPD ChrisFortier has, curiously, contacted the undersigned, somewhat toDogan's
10
consternation. The undersigned sent an email toDogan shortly after the arraignment should have
11
12
seen Dogan enter anot guilty pleaon the undersigned'sbehalftoinquire about how thingswent and
13 whether DDA Young and Dogan had any progresstowardsareasonable pleaagreement.
14
15
POINTS AND AUTHORITIES.
16
An arraignment isthe first time in acriminal prosecution when the defendant isbrought
17
18

before an open court tohear the charge(s), and toenter aplea. NRS 174.015. The primary purpose of
19
an arraignment istoinform adefendant ofhis rights. # Askthe defendant his/her legal name. NRS
20
174.025 explainswhat todoifadifferent name isused. # hi limited jurisdiction courts, read the
41
complaint tothe defendant before the trial commencesifrequested. The defendant should be given a
22
copy ofthe indictment or information before he/she pleads. # Inform the defendant ofhis/her right to
23
counsel. Although the defendant hasalready been informed ofhis/her right, thisshould be done at
24
25
every stage ofthe proceedings. Ifthe defendant wishestosecure counsel, the matter should be
26 continued toallow the defendant toconsult an attorney. lithe sentence includesthe possibility ofjail
27
time; the defendant must be afforded an attorney. Ifadefendant wantstorepresent himself/herself,
28
2
NO TICE O F APPEARANCE, ENTRY O F PLEA O F NO T GUILTY, WAIVER O F RIGHT TO ARRAIGNMENT
From: zachcoughlia 247-12 4:59pm p. 2 of 8
00770
00770
To ? c3f27e9-fh8-467a-8110f-7ea559b
1

please see the chapter on selfrepresentation. HIT adefendant waivesthe right tocounsel or in
2
appearance Mier counsel isretained or appointed, askwhat the pleais: guilty, not guilty, or nolo
3
contendere (nocontest). The defendant may, in the alternative, or in addition toany one ofthe pleas
4
5

permitted by subsection 1, plead not guilty by reason ofinsanity not lessthan 21 daysprior totrial.
6

NRS 174.035(4). # Ifthe defendant refusestoenter aplea, "the court shall enter apleaofnot guilty."
7

NRS 174.035(5).
0
CONCLUS ON
9
The undersigned hereby request thisCourt allow thisfiling toserve asan entry ofapleaof
10
Not Guilty, and waive any requirement or right tothe reading ofthe charges/arraignment, etc. and
11
12
further that thisCourt allow the undersigned toenter thisfiling asaNotice ofAppearance ofthe
13 undersigned asco-counsel in thismatter along with whoever ultimately isthe appointed defender,
14

and that sanctiosn in the amount of$1,000 be awarded tothe undersigned in light ofthe expense in
15
preparing thismotion and the fact that Dogan iscompensated hell, yet failed toappear for the
16
arraigmuent (which can happen, whatever, not the end ofthe world), but compounded that by his
17
18

blase refusal tofile something addressing thismatter afterwardsor otherwise embracing this'holistic'
19
approach and representationsofsuch made by the WCPD, and any other reliefthiscourt feelsisjust,
20
including dismissing thiscase for failure toplead with sufficient particularly or make aprimafacie
21
showing ofthe crime for which the accused ischarged, especially considering that Master
22
Edmondson granted the undersigned twoprotection ordersin connection with the domestic violence
23
24
for which RPD Sargent Sigfree curtly dismissed reportsof, rather (and thismay well be on tape,
25

RPD) Sargent Sigfree engaged in sonic blame the victim bashing and frat boy retaliatory police work
26
while affecting the mummer and appearance ofacharacter on the MTV reality television show, the
27
"Jersey Shore" with, (and Dugan commented on what agreat description thiswas/is) Sargent
28
- 3 -
NO TICE O F APPEARANCE, ENTRY O F PLEA O F NO T GUILTY, WAIVER O F RIGHT TO ARRAIGNMENT
From! zacbcoughlin 2-17-12 469pm p. 3 of 8
00771
00771
To:,7c3f27e9
,
1cc8-487a-861f-7eaS59b
1

Sigfree's"wearing asuper tight super short sleeve RPD shirt, despite the arrests(he alsohad the
2

undersigned arrested for "jaywalking" upon information and beliefasa"favor" toRichard G. Hill,
3
Esq., whom getshisProtection Order signed and stamped by RJC Judge Schroeder within 40
4
5

minutesoffiling it on 1/14/12, and Judge Schroeder screamed at the undersigned at the 1/31/12
6
Heating toExtend Temporary Protection Order, "Doyou want togotojail!" when the undersigned,
7

in response toHill appearing and promptly withdrawing hisinsipid TPO application brought up the
8

specter ofactually considering whether Hill might be abusing the processfor an impermissible
9

purposed. By that point Hill had achieved what he wanted, toprevent Coughlin from collecting the
10
videoevidence he wasin tine processofcollecting, peaceably and from apublic place, on 1/14/12 of
11
12
Hill'scontractor'shaving fraudulently using Coughlin'sown plywood toboard up Coughlin'sformer
13 home law office (afraudulent bill wasattached asan exhibit in RJC Rev2011-001708 for this
14

"securing" despite such an unlawful rent distraint being outlawed by NRS 118A.520 and NRS
15
118A.460 not allowing for "securing" expenses(particularly where $900 wasalready being charged
16
for having furniture at the property and client'sfile form alaw practice, which Hill refused toturn
17
18
over, then lied about hisrefusal tothe RPD and the RJC Court...sue me Richard! If I am lying sue
19
me! You are apathetic pox on the legal profession, Hill, whousesabuse ofprocesstostifle opposing
20
counsel'sdiscovery in awrongful eviction matter.))
21
Asfor dismissing thiscase (unlessthe system wantstoruin my family sonic more....none of
22
you know the extent towhich our relationshipshave crumbled under the strain ofthisgang bang)
23
consider:
24
25
Kings(Brooklyn) County Criminal case- Pet* v. McDuftie, 2011 KN074543, NYLJ 12025314774,
26
27

at *1 (Crim., KI, Decided October 27, 2011)- which illustratesthe level ofproofrequired toproperly
28

charge (and convict) adefendant ofPetit Larceny (New YorkPenal Law 155.25) and Criminal
4 -
NOTICE OF APPEARANCE, ENTRY Of PLEA OF NOT GUILTY, WAIVER OF RIGHT TO ARRAIGNMENT
Fiom: 2achcoughlin 2-11-12 4:59pm p. 4 of 8
00772
00772
To: 7c3f27a9 fcc8-451a-Fe0f-lea559h
1
2
3
4
5
6
'
I

8
9
10
11
12
13
14
15
16
11
18
19
20
21
22
23
24
25
26
27
26
Possession ofStolen Property in the Fifth Degree (New YorkPenal Law 165.40). Toclarify, pursuant
toNY PL 155.25, aperson isguilty ofPetit Larceny when he or she stealsproperty (any property)
with avalue ofone thousand dollarsor less. Additionally, pursuant toNY PL 165.40, aperson is
guilty ofCriminal Possession ofStolen Property in the FM11 Degree when he or she knowingly
possessstolen property with the intent tobenefit hint or herself.
So, the bring acharge that hasdestroyed the accused'slife, forever altered the accused's
relationship with hisinunediate family toan alarmingly negative extent, damaged the accused's
professional standing and reputation, caused the =wedstogain 35 poundsand have trouble
sleeping that affectshint on adaily basis, and otherwise send the accused'shiesintovast turmoil and
anguish, DDA ZackYoung crafted, ever socarefully the following Criminal Complaint:
"ZACH YOUNG ofthe County ofWashoe, State ofNevada, verifiesand declares
upon information and beliefand under penally ofperjury, that ZACHARY
BARKER COUGHLIN, the defendant above-named, hascommitted the crime of:
(insert "misuse of911" NRS cite here) in the manner following, towit: That the
said defendant on or about the January 14th, 2012, at RenoTownship, within the
County ofWashoe, State ofNevada, did willfully and unlawfully (insert elements
listed in NRS cite here) at (insert 1422 E. 9th St. #2, Reno89512 addresshere),
Reno, Washoe County, Nevada, with the intent to(insert prohibited volitional act
here)..
COUNT II. POSSESSION OF STOLEN PROPERTY, aviolation ofNRS
205.275, amisdemeanor, in the manner following, towit: That the said defendant
on or about the 20th day ofAugust, 2011, at RenoTownship, within the County
ofWashoe, Slate ofNevada, did willfully and unlawfully possessor withhold
stolen goodshaving avalue lessthan TwoHundred Fifty Dollars($250. 00), to
wit: an iPhone, at or near 1 North Center Street, Reno, Washoe County, Nevada,
such property being owned by CORY GOBLE, for hisown gain or toprevent the
true owner from again possessing said property, knowing that the property was
obtained by meansoflarceny or under such circumstancesasshould have caused
areasonable man toknow that such goodswere soobtained."
And that'sit. That. Or that will be it, not sure I even have acopy ofthe Complaint, but all
YOung isgoing todoisfile arobo-pleading inserting the text ofthe statute for "misuse of911 or
emergency services, etc..." That conclusory, circular, completely devoid ofany factual assertions
5 -
NOTICE OF APPEARANCE, ENTRY OF PLEA OF NOT GUILTY, WAIVER OF RIGHT TO ARRAIGNMENT
Froa: whom:Olio 2-11-12 4:59p1 p. 5 of 8
00773
00773
.4
MV.M.P.e.
to 7c3f2/e9-fce8-467a-8e01-7ea5541) From: zachcoughlin 2
-
17
-
12 4:59pa p. 6 of 8
1 other than indicating that the person charged did the thingsthat are listed aselementsofthe offense
2

charged iswhat passesfor stating aprimafacie case at the WCDA Office and with Zach Young. It
3
wasmy understanding the guy getting paid SlOOK in salary and benefitscould show up towatch
4
5
the arraignment videowhere the court warnsprose'sthat they will be punished for challenging the
6

primacy ofthe system and itsparasites....those UDA'swhosay "No, Your Honor" at the pre-trial
7

hearing when asked ifthey have anything toadd, with atone ofvoice that suggeststhey have been
8
deeply immersed in ascrabble puzzle or crossword, and those DPD'slike Goodnight, whoactually
9
argued in RCR2011-063341 that he didn't even thinkthe defendant needed aPD asthe state wasn't
10
likely seeking jail time (Goodnight alsohasnoideawhat NRS 189.010 isabout or what "rendition"
11
12

means). Enter Judge Sferrazza, who(like when Richard Hill wanted toget the Summary Eviction
13 Order enforced vialockout within 10 minutesofthe Trial ending) wisely reminded Mr. Goodnight
14
that, not only did the accused have alaw license, which would likely sustain heavy collateral
15
damage upon aconviction ofthe nature ofthe crime charged in that matter, but FURTHER, it was
16
the PD itselfwould insisted on making Coughlin get aCompetency Evaluation, which went on to
17
18
entail several ridiculousattemptsat getting it done by thisone particular entity (selfdealing PD?
19
quid proquo? only one place can doacompetency eval?) but alsoresulted in abill for $170 tothe
20

RJC, which Judge Sferrazzawisely fashioned in apaper airplane and projected right on backtoMr.
21
Bosler. Judge Sferrazzadoesn't hit you over the head with it, but he isenormously intelligent.
22
Please don't revoke my hail, it was$300 I really didn't have at the time, bar duesof$450 are due
23
24
March 1, 2012 and the public doesn't pay mine (enjoy it Goodnight, Dogan, Young, Spencer, et all)
25

nor doesit pay the 12 creditsofCLE I need (scratch that BK em/ecfknocked 3 out for me, soI
26

need 9), I obviously need todothe PD'sjob and prepare for trial, which would be impossible get
27

Abu Graihbed and having all my "tier time" denied by Thor and the Gang up at the Washoe County
28
6 -
NOTICE OF APPEARANCE, ENTRY OF PLEA OF NOT GUILTY, WAIVER OF RIGHT TO ARRAIGNMENT
00774
00774
. . - ,7. ,41
Tot,7c3f27894cce-4571-Beet-lea559b From! zachcoughlin 2-17-12 4:59pm p. 7 of 8
1 Detention Center (I dolike alot ofpeople there though, and on the RPD force, including Sargent
2
Zach Thew, whotold me I could call him anytime todiscussan issue I washaving with the
3
circumstancesOfthe last 6 months, and for which Sargent Sigfree likely bought the RenoCity
4
Attorney acivil suit todefend. Toall those in Reno, Washoc County and beyond whowant to
6
perpetuate thischicanery: "Okay, your're agoon, but what'sagoon toagoblin?"
7
AFFIRMATION AND D CLARATION
8
9
I declare, pursuant toNRS 52.045, under penalty ofper under the lawsofthe State
10 ofNevadathat the foregoing istrue and correct. and that thisdocument doesnot contain any
11 social. security numbers, pursuant toNRS 239B.030, an affirmation tothat effect thishereby is.
12
13
DATED this17th ofFebruary, 2012:
14
15
IG
/st
17
Zach Coughlin, Esq.
18
Defendant/ Co-Counsel toGoodnight
19
20
21
22
23
24
25
26
27
28
7 -
NO TICE O F APPEARANCE, ENTRY O F PLEA O F HO T GUILTY, WAIVER O F RIGHT TO ARRAIGNMENT
00775
00775
-... -.AI,
To 4c312761-qa8-467a-8011-7ea559b From lachcoughlla 2-17-12 4:59pm p. 8 of B
1
2
3
4
PROOF OF SERVICE
ON thisdate, I caused acopy ofthe foregoing document stobe served upon the following by
sending totheir registered email addressand fax number asfound on www.nvbar.org, hand delivery
todropsIot or front desk, and by placing atrue and correct copy ofthe foregoing document in the
U.S. mail addressed to:
6
Zachary N. Young, Esq.
Washoe County DA
1 South SierraP.O. Box 30083
8
Reno, NV 89520
9
Phone Number: 775-328-3200 Fax number: 775-325-6703
Email: zyoung(a)da.washoecounty.us
Biray Dogan, Esq.
11
Washoe County Public Defender'sOffice
12
P.O. 13ox 30083 Reno, NV 89509
Phone Number: 775-337-4868 Fax number: 775-337-4856
13
Email: bdogan@washoecounly.us
14
15
JEREMY T. BOSLER, Esq.
Bar No. 4925
16 One CaliforniaAve
Reno, NV 89509
17
(775) 337-4800
Attorney for Defendant
18
19
DATE i 7th of February, 2012:
zo
21
22
DEFENDANT
23
24
25
26
27
28
ITV %Pi fea 9L' SIPO5P31072, 321 'MEW 9 1' l'&100. 9V 11 94' srvza.sev. V. r.=NAr my eartis,Z IaltA Ng&
00776
00776
FEB
1
3
To84599357-307e-4bdb-93ac-65c32ba From zachcoughlln 2-13-12 2:57pm p. 1 of 35
I Document Code:
Zach Coughlin,Esq.
2
NevadaBar No: 9473
3
1422 E. 9th St., #2
tel: 775 229 6737
4 fax: 949 667 7402
Reno, NV 89512
5
Co-counsel for Defendant Coughlin
RenofAurki
Dept. 2
By
IN THE JUSTICE COURT OF RENO TOWNSHIP
Deputy Clerk
IN AND FOR THE COUNTY OF WASHOE, STATE OF NEVADA
8
9
STATE OF NEVADA; )
10
)
Plaintiff, ) Case No:11 CR 26405
)
12
vs. ) Dept No: Judge Gardner
)
13
ZACHARY COUGHLIN; )
)
14
Defendant.
)
15
)
16
Notice of Appeal. Motion toVacate and or Set Aside. JCRCP 59. JCRCP 60. Motion for
Reconsideration; Motion for Recpsal: Motion, For Publication Of Transcript at Public Expense.
17 Petition for In FormaPauper'sStatus
19
POINTS AND AUTHORITIES
19
20
21
FACTS
22
Bobby Puentesthrew me under the bus, rather than reveal the fact that he had aconflict. He whined
23
about how the case was"hard" rather than dosome lawyering. The man doesn't know how tobum a
24
cd. He attempted toshift the job of burning acd for discovery ontome, yet he isthe one taking home
25
the money todothe job. Jill Drake talked in court about how Puentesisbeloved by
all throughout
26
the RJC, especially the prosecutorsfor the RenoCity Attorney, ashe isjust ateddy bear to
- 1 -
Notice of Appeal, Motion toVacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Publication Of Transcript at Public Expense,
petition for In Forma Paupv4
1
,100
/
this as a true and
cornet
coPY
I
"
ed
gr
r
h
a
;
the
recor
d
s o
f the Reno M
.
uni :
1
15:
.r
C
u
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the
Nevada, and that
the Clerk of the
Court e the ammosims.
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BY
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I uty Clerk of the Court
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prosecutors like Drake (whoreminded the undersigned that she was the #1 player on the RenoHigh
Girls Tennis Team in high school after the Hearing on February 2, 2012)...Being a teddy bear is fine,
I guess, but not exactly the first thing I look for in defense counsel.Moral ofthe story, don't throw
client under the bus instead ofdisclosing impermissible conflict that your conflict checks should have
revealed prior toentering the sanctity ofthe attorney client relationship, something that should be
sacred, not just something Puentes enteres toget a paycheck and dumps once it becomes
inconvenient.
Defendant/Appellant, Za,ch Coughlin, hereby files this Notice ofAppeal, Motion toVacate and
or Set Aside, JCRCP 59, JCRCP 60, Motion for Reconsideration; Motion for Recusal; Motion For
Publication OfTranscript at Public Expense, Petition for In Forma Pauperis Status.
Further noone has explained Taitels mysterious ability toWithdraw as Counsel without
complying with RMC Rule 5 or explaining why he withdrew.Not sure there is an Order allowing
Taitel's withdraw.Puentes Motion toWithdra argued:
"The instant matter was set for trial on January 10, 2012, However, a defense
motion tocontinue was filed on January 3,2012, not opposed, and granted.A new
trial date is pending.Under Supreme Court Rule 46, the attorney in an action may
be changed at any time before judgment upon the consent ofthe attorney,
approved by the client, or upon order ofthe court or judge thereofon the
application ofthe attorney or client.SCR 46.Further, under NRPC 1, 16(b), a
lawyer may withdraw from representing a client ifthe same can be accomplished
without material adverse effect on the interests ofthe client; a client insists upon
taking action
the lawyer considers repugnant, or with which the lawyer has
fundamental disagreement; the representation has been rendered unreasonably
difficult by the client; or other good cause for withdrawal exists.See NRPC 1,
16(b)(1), (4), (6), (7).The undersigned regretfully makes this motion as continued
representation ofthe defendant in this matter has been rendered unreasonably
difficult and the defendant will be better served by having an alternative legal
defender appointed torepresent him."
Actually Puentes does not state with sufficient particularity why or how his withdraw "can
be accomplished without material adverse effect on the interests ofthe client".Indeed, having his
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Notice
ofAppeal.Motion toVacate and or Set Aside..JCRCP 59...TCRCP 60.Motion for
Reconsideration; Motion for Recusak Motion For Publication OfTranscript at Public Expense.
Petition for It) Forma Panpeyis Status
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INCORPORATE BY REFERENCE ALL LAW AND ASSERTIONS IN ATTACHED
19 PAPERS AND PLEADINGS AND WRITINGS IN EXHIBIT 1:
Reconsideration WDCR 12(9), DCR 13...
20 RULE 59. NEW TRIALS; AMENDMENT OF JUDGMENTS
(a) Grounds. A new trial may be granted toall or any ofthe partiesand on all or part ofthe issuesfor any ofthe
21 following causesor groundsmaterially affecting the substantial rightsofan aggrieved party: (1) Irregularity in the
proceedingsofthe court, jury, master, or adverse party, or any order ofthe court, or master, or abuse ofdiscretion by
22 which either party wasprevented from having afair trial; (2) Misconduct ofthe jury or prevailing party; (3) Accident or
surprise which ordinary prudence could not have guarded against; (4) Newly discovered evidence material for the party
23 making the motion which the party could not, with reasonable diligence, have discovered and produced at the trial; (5)
Manifest disregard by the jury ofthe instructionsofthe court; (6) Excessive damagesappearing tohave been given under
24 the influence ofpassion or prejudice; or, (7) Error in law occurring at the trial and objected toby the party making the
motion. On amotion for anew trial in an action tried without ajury, the court may open the judgment ifone hasbeen
25 entered, take additional testimony, amend findingsoffact and conclusionsoflaw or make new findingsand conclusions,
and direct the entry ofanew judgment.
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(b) Time for Motion.
A motion for anew trial shall be filed nolater than 10 daysafter service ofwritten notice ofthe
entry ofthe judgment.
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private and confidential case file passed around Like ahot potatoby RMC "former prosecutor"
defendersisnot in client'sbest interest. Puentesisrequired todetail just how "the representation
hasbeen rendered unreasonably difficult by the client" and thisrule issubject toagood faith
requirement. That is, lawyerscan't invoke it toget out of difficult or complex casesor toinsure
they only receive easy cases. Can somebody explain tome why DickHill going on vacation isa
sufficient justification for continuing acriminal trial, but my being evicted and wrongfully arrested
(due toDickHill'salleged bribery of the RPD and the RPD'swrongful' arrest of me, etc., and Dick
Hill'sapplying awrongful and outlawed rent distraint upon both my client'sfilesand exculpatory
evidence in 11 CR 22176) doesnot present avalid basisfor acontinuance? And I told Taitle I
wanted an opposition filed tothe motion for continuance, yet it wasnot. See attached Exhibit 1 for
support for the contention that Puenteswithdraw here isinappropriate ashasbeen most of his
actionsin thismatter.
POINTS AND AUTHORITIES
ANALYSI,S
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Notice of Appeal. Motion to Vacate and or Set Aside..1CRCP 59,JCRCP 60. Motion for
Reconsideration; Motion for Recusal; Motion For Publication Of Transcript at Public Expense,
Petition_for In Forma Pauper's Status
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(c)
Time for Serving Affidavits. When amotion for new trial isbased upon affidavitsthey shall be filed with the motion.
The opposing party has10
daysafter service within which tofile opposing affidavits, Which. period :nay be extended for
an additional period not exceeding 20 dayseither by the court for good cause shown or by the partiesby written
stipulation. The court may permit reply affidavits.
(d) On Court's Initiative; Notice; Specifying Grounds.
Nolater than 10 daysafter entry ofjudgment the court, on its
own, may order anew trial for any reason that would justify granting one on aparty'smotion. After giving the parties
notice and an opportunity tobe heard, the court may grant atimely motion for anew trial for areason not stated in the
motion. When granting anew trial on itsown initiative or for areason not stated in amotion, the court shall specify the
groundsin itsorder.
(e) Motion to Alter or Amend a Judgment, A
motion toalter or amend the judign ent shall be filed nolater than
10 days
after service ofwritten notice ofentry ofthe judgment.
The Order allowing Puenteswithdrwasfitsunder" Irregularity in the proceedingsofthe court, jury, master, or
adverse party, or any order ofthe court, or master, or abuse ofdiscretion by which either party wasprevented from having
afair trial" asPuenteswasat least ommitting key information tothe court, ifnot misleading it astohisrationale for
withdrawing. PlusJudge Gardner'sOrder, respectfully contains"Error in law occurring at the trial and objected toby the
party making the motion. On amotion for anew trial in an action tried without ajury, the court may open the judgment if
one hasbeen entered, take additional testimony, amend findingsoffact and conclusionsoflaw or make new findingsand
conclusions, and direct the entry ofanew judgment." The law simply doesnot allow for such an unsupported by factsor
specificsMotion toWithdraw tobe granted
RULE 60. RELIEF FROM JUDGMENT OR ORDER
(a) Clerical Mistakes. Clerical mistakesin judgments, ordersor other partsofthe record and errorstherein arising from
oversight or omission may be corrected by the court at any time ofitsown initiative or on the motion ofany party and
after such notice, ifany, asthe court orders. During the pendency ofan appeal, such mistakesmay be socorrected before
the appeal isdocketed in the appellate court, and thereafter while the appeal is pending may he so corrected with leave of
the appellate court.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, Etc. On motion and upon such
termsasare just, the court may relieve aparty or party'slegal representative from afinal judgment, order, or proceeding
for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which
by due diligence could not have been discovered in time tomove for anew trial under Rule 59(b); (3) fraud (whether
heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct ofan adverse party; (4) the
judgment isvoid; or, (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is
based hasbeen reversed or otherwise vacated, or it isnolonger equitable that an injunction should have prospective
application. The motion shall be made within areasonable time, and for reasons(I), (2), and (3) not more than 6 months
after the proceeding wastaken or the date that written notice ofentry ofthe judgment or order wasserved. A motion
under thissubdivision (b) doesnot affect the finality ofajudgment or suspend itsoperation. Thisrule doesnot limit the
power ofacourt toentertain an independent action torelieve
a party from a judgment, order, or proceeding, or to set
aside a judgment
for fraud upon the court. Writsofccrani nobis, corarav obis, auditsquerela, and billsofreview and bills
in the nature ofabill ofreview, are abolished, and the procedure for obtaining any relieffrom ajudgment shall be by
motion asprescribed in these rulesor by an independent action.
The Order or Judgment isvoid asit extendstomattersfor which the Court cannot rule, ie, an Order allowing
withdraw where not good faith basisfor requesting awithdrawal exists.
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Notice of Appeal. Motion tp Vacate and or Set Aaide..JCBCP 59..ICRCP 60. Motion fQr
Reconsideration; Motion for Rectisal: Motion For Publication Of Transcript at Public Expense.
Petition for In Forma Pauperis Status
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2-13-12 2:57pm p. 5 of35 To: 84599357-307e-4bdb-93ac-65c32ba From: zacheoughlin
prosecutorial misconduct (such asthe D.A._ withholding 'exculpatory' evidence that could've helped your defense)
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judicial errors(such asthe judge permitting evidence that should've been excluded or vice versa)
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4 erroneousapplication ofalaw or regulation improper jury instructions
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ineffective assistance ofcounsel or other malpractice the evidence did not prove your guilt beyond areasonable doubt
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7 FAILURE TO AFFORD SIXTH AMENDMENT RIGHT TO COUNSEL OR GRANT DEMAND FOR JURY TRIAL;
another DEMAND FOR JURY TRIAL HEREBY MADE IN EVENT OF NEW TRIAL, SIMILARLY REQUEST FOR
8 IN FORMA PAUPERIS STATUS HEREBY MADE AND SUPPORTED BY ATTACHED IFP PETITION
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CONCLUSION
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Defendant/Appelant Coughlin hereby respectfully requestsall Orders, Convictions,
Judgments, Contempt Findings, whatever, stemming from February 2nd ,2012 Hearing on Fuentes
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Motion toWithdraw be Vacated or Set Aside or Reconsidered and are hereby appeal with an IFP
request towaive the filing fee for the notice of appeal or allow arelation backfor the filing date upon
_.4
any denial of the fee waiver. Further, acopy of the audioof the 2/2/12 Hearing ishereby requested..
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AFFIaMATION Pursuant toNRS 239
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8,030
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The undersigned doeshereby affirm that the preceding document doesnot contain
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the social security number of any person.
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20 DATED this13th Day of February, 2011
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Is/ Zac oughlin
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Z ach Coughlin
Defendant
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- 5 -
Notice of Appeal. Motion to Vacate and or Set Aside, JCRCP 59. JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Publication Of Transcript at Public Expense,
Petition for In Forma Pauper's Status
00781
00781
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To 84599357-307e-4brib-93ac-65c32ba From: rachcoughlin 2-13-12 2157pm p. 6 of 35
DECLARATION OF ZACH COUGLIN IN SUPPORT OF THE FOREGOING DOCUMENT
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1. ThisDeclaration ismade pursuant tothe provisionsof NRS 53.045, I am presently in the State of
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Nevadaand I declare under penalty of perjury that the foregoing istrue and correct.
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2. Declarant isthe Plaintiff in the above title action.
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3. Declarant aversthat the factual statementsset for above in the foregoing document are, tothe
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best of hisknowledge and understanding, accurate.
a
4. 1, Zach Coughlin, am available totestify, if necessary, astothese matters. I declare under penalty
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of perjury that the foregoing istrue and correct.
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Executed on February I3th, 2012
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/s/ Zach Coughlin
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Zach Coughlin
PLAINTIFF
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Notice of Appeal, Motion to Vacate and or Set Aside, _ICRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusak Motion For Publication Of Transcript at Public Expense,
petition for In Forma Pauperls Statue
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To 84599357-307e-4bdb-93ac-65c32ba
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FILM zacheougidis 2-13-12 2:57pm p, 1 of 35
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PROOF OF SERVICE
Zach Coughlin, declare:
On February 13th, 2012, I, Mr. Zach Coughlin served the foregoing Notice ofAppeal..
Motion toVacate and or Set Aside. JCRCP 59. JCRCP 60 Motion for Recomiderati on: Motion for
Recusal by ernailing and faxing and or placing in the mail atrue copy thereof to:
Jill Drake
Company: RenoCity Attorney'sOffice - Criminal Divison Address: P.O. Box 1900 Reno, NV
89505 Phone Number: 775-334-2050 Fax number: 775-334-2420
Dra,ke,j@reno.gov
DATED THIS 13th day of February
BY:
Zach Coughlin
Defendant
7 -
Notice of Aupeal. Motion toVacate and or Set Aside. JCRCP 59, JCRCP 60. Motion for
Reconsideration; Motion for Recusal; Motion For Publication Of Transcript at Public Expense,
Petition for In FormaPauper'sStatus
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To: 84599357-307e-4bdb-93ac-65c32ba Fran: zscbcoughlin 2-13-12 2:57ps p. 8 of 35
1 Index to Exhibits
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1. Exhibit 1: Twenty-six (26) page collection of attorney client correspondence between Coughlin
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and Puentes in support of the undersigned contnetions herein.
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Notice of Appeal. Motion to Vacate and or Set Aside. JCRCP 59. JCRCP 60. Motion for
Reconsideration; Motion for Recusal: Motion For Publication Of Transcript at Public Expense.
Petition for In Forma Pauper's Status
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Reconsideration: Motion for Recusalt Motion For Publication Of Transcript at Public Expense,
Petition for In Forma Pauper's Status
00785
00785
continuance and my files

continuance and my files
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Fri 12/09/11 1:11 AM
To: puenteslaw@aol.com


Dear Mr. Puentes,

I would like for you to subpoena both Officers present at the arrest of November 13, 2011 to testify at the trial. I would like for you to subpoena (by
subpoena duces tecum, I suppose) all recordings, dispatch reports, written documentation, reports in any way connected to, or other materials, whether
admissible or not, in any way connected to the arrest of November 13, 2011 or the charges against which I am defending in conjunction with your
representation. I wish for you to email me these materials to the extent possible, and where that is not possible, please mail them to me at my address
of record at www.nvbar.org, and found below at the end of this letter. Email is better for me than fax, as it is free whereas I have to pay for faxes by the
page, whether local or not. I prefer email too over having to take time out of what is an extremely busy and trying schedule of mine currently.

RPD Officer Carter made a statement at the scene of the arrest that Mr. Richard Hill paid him a lot of money and therefore he does what Mr. Hill says to
do and arrest who Mr. Hill says to arrest. This has been reported to several RPD Officers, including Sargent Tarter, who responded by retaliating against
me with several traffic citations and made incorrect assertions about whether one would be turning into oncoming one way traffic to get to Mr. Hills
652 Forest St. address from the intersection of Forest and St. Laurence in justifying his retalitatory citation (for which he apparently called in another
officer to write out, curiously). I DO NOT WANT YOU TO DISCUSS MY CASE WITH ANYONE OUTSIDE OF MY PRESENCE, INCLUDING VERBAL
AND OR WRITTEN COMMUNICATIONS. THIS INCLUDES ANY COMMUNICATIONS, VERBAL OR WRITTEN WITH THE RENO MUNICIPAL
COURT AND ANYONE IN ANY WAY CONNECTED WITH THE RENO POLICE DEPARTMENT OR RENO CITY ATTORNEY'S OFFICE, AS WELL AS
LEW TAITEL.

Please email or fax meacompletecopy of my file, including all pleadings, correspondences, and any other documentation or mediaat all connected with my case.
Please further discloseany conflicts of interest you might havein representing me. I did not agreeto acontinuance, and I believeit is my right as aclient to control
themeans and objectives of thelitigation and or defense, and that, to me, does not includewaiving my right to contest any motion for acontinuanceor making things
nice and easy for Richard G. Hill, Esq. Further, I would liketo know who agreed to thecontinuanceand why it is Mr. Taitel is no longer attorney of record (nothing
against you, pleasebelievethat).

Further, if Mr. Taitel is no longer attorney of record in this matter, pleaseexplain why, in detail, in writing. If he has withdrawn, and if you did so based on some
conflict of interest, how is it that that conflict of interest did not precludehim fromapparently agreeing to acontinuanceor failing to filean opposition or alerting me
to the situation at all? Pleasenotemy new address and contact information below. Additionally, pleaseindicate, in writing, theextent to which you havean
established procedureto check for conflicts prior to taking on cases and prior to obtaining confidential client files and information. Pleaseindicatein writing any
deviation fromsuch aprocedureor failing of your office's practices to prevent such prejudiceto my casein your taking on my representation. Pleasecopy meon any
and all correspondences and or documentation or discovery in any way related to this matter.

Sincerely,
/S/ ZACH COUGHLIN, SIGNED ELECTRONICALLY

Zach Coughlin
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Fri 12/09/11 3:53 AM
To: puenteslaw@aol.com
1 attachment
12 8 11 fax to Puentes.pdf (63.6 KB)
Mr. Puentes, please find attached my signed written request for you to file certain motions. I want to
review the final drafts prior to your filing them and have tried hard to do most of the work for you.
Further, you might find the following documentary that someone posted on youtube.com helpful in
understanding this case:
http://www.youtube.com/user/25teddyjames?feature=watch

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
Tel: please only communicate in writing
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Fax: 949 667 7402


Dear Mr. Puentes,



I would also like for you to subpoena Dr. Matt Merliss, the owner of the property who was present at the scene of arrest. Further, I would like for you to
depose both RPD Officers (Carter and the female Officer). I would like a copy of the probable cause sheet and all witness statements and Officer's
Supplemental Declarations as soon as possible, please, in addition to all the other materials I set forth in my previous written correspondence to you.



I would like a Motion in Limine to be filed to exclude anything discovered upon the RPD illegal search of the property, including any videos by Richard
Hill or anyone else that the Reno City Attorney seeks to have admitted. I want a Motion to Dismiss filed seeking to dismiss this case based upon a
number of arguments, including the fact that any underlying Summary Eviction Order was void for lack of jurisdiction (please see my recent filing,
attached, in Reno Justice Court case rev2011-001708, in that this was noticed as a No Cause Eviction against a commercial lessee. As such, any
Summary Eviction Order is void for lack of jurisdiction given the express prohibition in both NRS 40.253 and the Nevada Supreme Court's explanation in
the Landlord Tenant Handbook found on the Supreme Court's website and elsewhere where it is made explicitly clear that landlord's may not use
Summary Eviction Proceedings to evict commercial lessees or tenants where non payment of rent is not alleged or where the Notice of Eviction or
Unlawful detainer is a No Cause notice, as was the case in Rev2011-001708. As such, no trespassing could have occurred.
Beyond that, I am requesting you file a Motion to Dismiss based upon the fact that any lockout occurring on November 1, 2011 necessarily occurred
too early and prior to any lawful notice or service of any Summary Eviction Order only signed on October 27
th
, 2011, especially where no personal
service of such an ordered was alleged or shown. I detailed this in the email pasted below.
Further, a Motion to Dismiss I request you file due to Casey Baker's November 11, 2011 letter to me wherein he sends me a bill for the full rental value
of the property where the commercial lease was located for the entire month of November 2011, a period after the alleged illegal lockout. As such, no
trespass could have occurred because such a bill for rent is tantamount to rescinding any void eviction order or otherwise indicative of an invitation,
entrapment, or assent to the addressee of such a letter or bill being able to go onto the property, allegedly. In his letter mailed to Coughlin of
November 10, 2011, Casey Baker, Esq wrote In addition to the sums identified by Dr. Merliss in his affidavit, your debt now also includes fees for
storage of your personal possessions left at the property, which accrue daily at the fair rental value of the property. Your debt further includes actual
costs for inventorying and moving your possessions from the property. See NRS 118A.460. Those sums will be provided to you once they have been
fixed. Enclosed you will also find a notice of entry of the court's order awarding costs and attorney's fees against you. The court's award of cost in the
amount of $421.75, and attorney's fees in the amount of $1,500.00, has now been reduced to judgment. You are responsible for those sums. Further, as
you know, in his Memorandum of Costs and Disbursements filed on October 27,2011, Dr. Merliss actually sought $607.24 in costs and $17,938.75 in
attorney's fees against you. We believe you are responsible for those amounts, plus any and all fees and costs that have accrued, and continue to
accrue, since Letter to Zachary Coughlin Re: Verification of Debt November 10, 2011 Page 20f2 that date, in the matters currently pending before the
courts as an item of damages. Dr. Merliss win seek recovery of those sums, and an future fees and costs incurred, through the appropriate channels...



As such, Baker and Hill sent Coughlin a bill for the full rent of the property. $900 a month was the rent for the property under the commercial lease.
Baker and Hill wrote telling Coughlin they were continuing to charge him that even after the alleged illegal lockout of November 1, 2011. Further, Baker
and Hill flagrantly wrote to Coughlin in the same letter that the impermissible $1,500 in attorney's fees ordered by Judge Sferrazza was not enough for
them, and that they fully intended to continue to pursue recovery of the nearly $20,000 in attorney's fees they sought in their Memorandum of Fees and
Costs of October 27
th
, 2011, despite the res judicata effect of Judge Sferrazza's November 9, 2011 Order granting them $1,500 in attorney's fees, and
despite the fact that NRS 69.030 only allows for prevailing party attorney's fees in civil actions, while JCRCP 3 specifically provides that there are three
types of matters in Nevada's Justice Court, and expressly separates landlord tenant matters from civil actions, and, as such, the prevailing party
attorney's provisions of NRS 69.030 do not apply and there exists no other basis for an attorney's fees award under any of the arguments Baker or Hill
put forth. There conduct is tantamount to extortion while leveraging their law licenses and degrees.



Further, I would like for you to seek a continuance of the trial in this matter as this case is going to require extensive discovery, settlement negotiations,
and other complex legal work and there is not enough time for that as the schedule is currently set. I am attaching a collection of written materials the
landlord/property owner at 121 River Rock St 89501 (where the trespass arrest occurred sent me), including some letters that inform me they were
charging me the full rent of the property for the entire month of November 2011 (the illegal lockout allegedly occurred on November 1, 2011, though
there has been no proof of service or "receipt" pursuant to NRS 40, and given that the lockout was apparently signed by Judge Sferrazza on October
27th, 2011, that day does not count for service of the Order, the Reno Justice Court is closed on Fridays, non judicial weekend days don't count for the 3
days for service under NRCP 4-6, etc. As such, the earliest service by mail could have been affected for the Order for Summary Eviction would have been
November 2, 2011. It is alleged the lockout occurred prior to that time, and further, no emails were received from Richard Hill's email address,
rhill@richardhillaw.com at any point between August 17th, 2011 and November 18th, 2011, period. Whether any emails from Hills
rhill@richardhillaw.com address were "bounced back" to him or whether that address was added to my "blocked sender" list is a matter for Mr. Hill to
sludge his way through, but I can attest under penalty of perjury that I did not receive any emails from that rhill@richardhillaw.com email address
between that time period. I can further attest that I made calls and written correspondences to both Hill's rhill@richardhillaw.com email and his
associate Casey Baker, Esq.'s email, electroencephalographic addresses that went unresponded to with regard to my numerous requests to be allowed
access to remove my property commercial and otherwise
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These included, but were not limited to, the following:









From: zachcoughlin@hotmail.com



Sent: Wed 11/09/11 12:43 PM



To: Casey Baker (cdbaker@richardhillaw.com)









Don't ignore my calls about my possessions. You potentially conducted an illegal lockout of a law office an inspection outside my presence. The lease
requires my presence. It also makes your guy responsible for the electric bill, read it carefully. Show your proof of any "receipt" of any lockout order 24
hours prior to your actions. My possessions better be safe and afforded all legal protections and I want updates one whatf is being done with them and
an opportunity to clean or otherwise put the premises in the condition I intended to leave it in prior to the illegal lockout. I want my possessions that
are in the house and all privacy rights respected. There is a motion for stay in district court right now.



Re: Verification of Your Debt? 11/10/11
To Casey Baker
From: zachcoughlin@hotmail.com
(Sent: Thu 11/10/11 12:24 PM
To: Casey Baker (cdbaker@richardhillaw.com)
You guys are way over the days for providing verification under the FDCPA. Can you say treble damages? I habe not received a single email such as
those you refer to from richard hill. I dont consent to service of anything via email from your shop. I know you want everything to be at warp speed, but
you have to serve me through the mail or some non electronic means. Make sure rich isnt getting "unnsuccessful email transmission" messages....i can
certainly prove i have not received any such emails from Dick. I want my stuff its important client materials etc. You guys have not returned my
messages about that, its wrong to try to charge me rent when you are ducking me.



From: zachcoughlin@hotmail.com Sent: Fri 11/11/11 12:49 AM To: Casey Baker (cdbaker@richardhillaw.com); rhill@richardhillaw.com
(rhill@richardhillaw.com) Hi Guys, I have been having some technical difficulties, some emails appear blank or black, kind of like your client described in
response to some of my emails. Hey, ever heard of a litigation hold notice? That is what this is ,please retain and failure messages you recieve in your
own email which might prove that an email you sent me just didn't quite make it. You know just producing a copy of some email you sent me (even
though i have repeatedly told you i dont consent to service electronically in any form and am not a registered efiler like you two legal eagles) is not
going to be good enough when i break out the old litigation hold notice and anything elese that might tend to show any emails you sent could not
have made it to me....why such a rush, Boys? You are doing your patented and typical bang up milking job on thos headstrong rich client of yours...smell
the flowers a little. For instance, you don't want to do an illegal lockout and illegal inspection, particularly where the lease calls for my presence at any
inspection and then if you did not make sure the "receipt" requirement was met for any lockout order then went ahead and violated someone's
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constitutional rights to boot. Plus you are way late on the FDCPA stuff, and the prevailing party atty fee statute is for cicil actons, which jcrcp 3 separates
justice court matters into 3 types, and the civil actions mentioned in seller's prevailing party fee statute is mentioned as different from landord tenant
cases and small claims cases..So where is your good faith basis for moving for atty fees, much less for $20k worth of them. Why did you cite the
controlled substances manufacture statute to support your atty fee motion? I pulled every eviction y'all ever done... RJC has been like swinging the bat
in the on deck circle with 5 donuts on the bat for me, gentlemen. For you, its been the polar opposite. But we gettin' called up to the show! You never
know when you are on tape or film guys. And my bat speed is lookin' tremendous. I have tried again and again to get some response from you guys
about accesing my important files and keeping my very valuable possesions safe but have yet to here back feom you, in the event you have done a
lockout. Mr. Baker said he did some filmmaking or something when he broke in to any attorneys office, it was hard to hear through all the cooing.
Anyways, I aren't that smart, but dontcha have to like store my possessions after movin' them somewhere safe, the make a reasonably diligent attempt
to rent the place out to mitigate and damages or lost rent, plus provide me my deposit within like 10 days or something? I know mighty Casey likes to
give me lil research projects, but I am busy fleshing out some motion work right now, so maybe you get on that and let me know when and where I can
get my things and valuable client files, hopefully you two points of light haven't done nuthhin' to 'em. Now, I dont want to come between you and
Casey...I know he is probably getting a little tired of you keeping most of the profit while he gets dirty doing the gutters, but you guys have a nice lil
batman robin thing going and it would be a shame to see it end, so let's just try and make this work."



From the alleged date of the illegal lockout of November 1, 2011 until Casey Baker's November 10, 2011 written bill to me for full rent for the month of
November 2011 (ie, after the alleged illegal lockout and therefore extinguishing the eviction and creating a new lease or rescinding the eviction order
and, perhaps making extortionate threats to apply an unlawful rent distraint in contravention of NRS 40.460, and NRS 40. 520, etc.) I received two
written correspondences of any sort from anyone connected with the landlord Matt Merliss (a neurosurgeon graduate of Beverly Hills HS) and the law
office of Richard G. Hill, Esq. (including Hill and Baker, etc.). These two written correspondences from Casey Baker are attached and pasted below:






subject: Verification of Your Debt
11/10/11
Casey Baker
To zachcoughlin@hotmail.com
From: Casey Baker (cdbaker@richardhillaw.com)
Sent: Thu 11/10/11 11:13 AM
To: zachcoughlin@hotmail.com
1 attachment
LT Coughlin (verif of debt)(11-10-11).pdf (146.0 KB)
Mr. Coughlin:
Attached please find my letter to you dated November 10, 2011.
Sincerely,
Casey D. Baker, Esq.
Richard G. Hill, Chartered
652 Forest Street
Reno, Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858



Email: cdbaker@richardhillaw.com
CONFIDENTIAL: ATTORNEY WORK PRODUCT; ATTORNEY-CLIENT PRIVILEGE
This e-mail may contain legally privileged or confidential information. If you are not the intended recipient, please do not read, copy, use, or disclose
this communication to anyone other than the intended recipient. If you have received this message in error, please notify the sender and delete the
email message from your system. Thank you.
Circular 230 Notice.
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code
or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
RE: request for 30 days additional to stay in possession disability

11/04/11
Casey Baker
To zachcoughlin@hotmail.com
From: Casey Baker (cdbaker@richardhillaw.com)
Sent: Fri 11/04/11 12:36 PM
To: zachcoughlin@hotmail.com

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Mr. Coughlin:



We have never been served with any paper entitled Motion to Continue in Possession. If you have proof to the contrary, please provide it.
With respect to your request for another 30 days, please identify the legal and factual basis for your request, including any specific statute you are
purporting to invoke.
Casey Baker



Below for your convenience is a copy of the email I recently sent you as my, Zach Coughlin's, counsel of record, Mr. Puentes:



Zach Coughlin, Esq.
From: zachcoughlin@hotmail.com
To: puenteslaw@aol.com
Subject: continuance and my files
Date: Fri, 9 Dec 2011 01:11:35 -0800



Dear Mr. Puentes,

I would like for you to subpoena both Officers present at the arrest of November 13, 2011 to testify at the trial. I would like for you to subpoena (by
subpoena duces tecum, I suppose) all recordings, dispatch reports, written documentation, reports in any way connected to, or other materials, whether
admissible or not, in any way connected to the arrest of November 13, 2011 or the charges against which I am defending in conjunction with your
representation. I wish for you to email me these materials to the extent possible, and where that is not possible, please mail them to me at my address
of record at www.nvbar.org, and found below at the end of this letter. Email is better for me than fax, as it is free whereas I have to pay for faxes by the
page, whether local or not. I prefer email too over having to take time out of what is an extremely busy and trying schedule of mine currently.

RPD Officer Carter made a statement at the scene of the arrest that Mr. Richard Hill paid him a lot of money and therefore he does what Mr. Hill says to
do and arrest who Mr. Hill says to arrest. This has been reported to several RPD Officers, including Sargent Tarter, who responded by retaliating against
me with several traffic citations and made incorrect assertions about whether one would be turning into oncoming one way traffic to get to Mr. Hills
652 Forest St. address from the intersection of Forest and St. Laurence in justifying his retalitatory citation (for which he apparently called in another
officer to write out, curiously). I DO NOT WANT YOU TO DISCUSS MY CASE WITH ANYONE OUTSIDE OF MY PRESENCE, INCLUDING VERBAL AND OR
WRITTEN COMMUNICATIONS. THIS INCLUDES ANY COMMUNICATIONS, VERBAL OR WRITTEN WITH THE RENO MUNICIPAL COURT AND ANYONE IN
ANY WAY CONNECTED WITH THE RENO POLICE DEPARTMENT OR RENO CITY ATTORNEY'S OFFICE, AS WELL AS LEW TAITEL.

Please email or fax me a complete copy of my file, including all pleadings, correspondences, and any other documentation or media at all connected
with my case. Please further disclose any conflicts of interest you might have in representing me. I did not agree to a continuance, and I believe it is my
right as a client to control the means and objectives of the litigation and or defense, and that, to me, does not include waiving my right to contest any
motion for a continuance or making things nice and easy for Richard G. Hill, Esq. Further, I would like to know who agreed to the continuance and why
it is Mr. Taitel is no longer attorney of record (nothing against you, please believe that).

Further, if Mr. Taitel is no longer attorney of record in this matter, please explain why, in detail, in writing. If he has withdrawn, and if you did so based
on some conflict of interest, how is it that that conflict of interest did not preclude him from apparently agreeing to a continuance or failing to file an
opposition or alerting me to the situation at all? Please note my new address and contact information below. Additionally, please indicate, in writing,
the extent to which you have an established procedure to check for conflicts prior to taking on cases and prior to obtaining confidential client files and
information. Please indicate in writing any deviation from such a procedure or failing of your office's practices to prevent such prejudice to my case in
your taking on my representation. Please copy me on any and all correspondences and or documentation or discovery in any way related to this matter.

Sincerely,
/S/ ZACH COUGHLIN, SIGNED ELECTRONICALLY
Zach Coughlin
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402


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faxed signed letter attached
Sincerely,

Zach Coughlin, Esq.
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 12:35 AM
To: puenteslaw@aol.com
2 attachments
12 14 11 faxed letter to Puentes 11 CR 26405 2I.pdf (55.0 KB) , Coughlin IFP and Financial Inquiry Application RMC 11222011 11 CR 26405
2I.pdf (381.9 KB)
Mr. Puentes,
Please find my faxed signed letter attached. Also, if I am supposed to file an updated Financial Status
Application, please find that attached.

December 13th, 2011
Dear Mr. Puentes,
Hello, I received a package from you in the mail today. It did not contain a letter from you or any
indication of whether you will subpoena Dr. Merliss to attend the January Trial date, which is fast
approaching, whether you will depose him or Richard Hill, etc. Please respond in writing regard the
various written requests and questions I posed to you in my recent written correspondences, including,
but not limited to, whether you will comply with my requests to file a Motion in Limine, Motion to
Dismiss, Depose Dr. Merliss and Richard Hill, file a Motion to Set Aside the Continuance, for which I
was never appropriately provided a chance to contest, or served the Original Motion for Continuance.
I want to be copied, in writing, on every single thing related in any way to this case. RMC Rules
require the attorney, such as you and Lew Taitel to file a Notice of Appearance and to file a Motion to
Withdraw. Please provide a copy of the docket in this case. I do not see where Mr. Taitel ever filed a
Motion to Withdraw or where an Order Granting such a withdrawal was granted. It is my
understanding, though, that an Order Granting a Motion to Dismiss was likely entered. I want for you
to file a Motion To Set Aside that Order if it was based on Richard Hill citing some lame reason, like he
was going to be Porsche shopping in Florida or otherwise on vacation for some extended stretch or that
Richard Hill was the only person able to testify about whatever it is Richard Hill may want to testify
about. Dr. Merliss can take time out of raking in millions of dollars being a Beverly Hills HS graduate
neurosurgeon. I want him subpoenaed and deposed for the upcoming trial. I want a subpoena duces
tecum served on Richard Hill for any evidence related to this case, including any videos. Further, I
want you to make an inquiry and take appropriate action to discern whether I was appropriately served
any Notice Setting Hearing documents in this case, ascertaining exactly who (including which Marshal)
may have served me anything, the manner and place in which is was served, whose signature is there,
etc., whether the signature bears a date that is PRIOR in time to the Print Date on the Notice Setting
Hearing, etc.
Further, I want you to subpoena or obtain a copy of (and provide one to me) of the video of the
November 14th, 2011 arraignment, the entire video, start to finish (not just my appearance), I will pay
any charge if I have to, but I believe an IFP was granted that would cover such a charge in this matter.
I do not believe it would be accurate for the Reno Municipal Court to state or write, with respect to my
and the November 14, 2011 arraignment, that DEFENDANT APPEARED, WAS EXPLAINED
HIS/HER RIGHTS BY THE JUDGE AND INDICATED THAT HE/SHE UNDERSTOOD THEM
COMPLETELY... If the RMC has made that assertion in writing I want you to file something in
writing contesting that assertion. I do not believe I have been told that there is any possibility that I will
be required to pay you or the RMC any fees in connection with your representation. If that is not the
case, please explain in writing.
Sincerely,
Zach Coughlin, Esq

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
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00791

client controls means and objectives of litigation under Rules of Professional
Conduct
Nevada Bar No: 9473



** Notice** This messageand accompanying documents arecovered by theelectronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain
confidential information intended for thespecified individual (s) only. If you arenot theintended recipient or an agent responsiblefor delivering it to theintended
recipient, you arehereby notified that you havereceived this document in error and that any review, dissemination, copying, or thetaking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that is
privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that any
disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be
unlawful. If you receive this message in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and
destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 12:52 AM
To: puenteslaw@aol.com
Dear Mr. Puentes,

Please let me know when we can discuss my case, the trial is very soon. I received a mailing from you, but it did not have a signed letter
from you stating what was in the package. Please email me or fax me any document production in the future and redact my personally
identifiable information from all documentions coming in or out of your office.
In the mailing I received from you was:
1. WCSO Mugshot Profile booking no: 1119876, one page
2. Criminal Complaint 11-22185, one page, signed by Richard Hill, not filestamped
3. ARrest Report and Declaration of Probable Cause rpd 1101921 C r650225 , Declarant RPD Officer Carter, no Magistrate signature
(please find out why), one page
4. RPD, 3 pages 11-22185 Adminstrative Information, etc. (please subpoena and depose both RPD Officer's Lopez and Carter, asking them
whether they verbally identified themselves prior to, according to Hill, kicking the door down, and further questions them concerning the
accuracy of Hill's written statement and whether Officer Carter said to the accused that Richard Hill pays him, Officer Carter, a lot of
money and therefore Carter arrests who Hills says to arrest and does what Hill says to do. Further, please depose both officers, asking
whether the accused requested they take any action or ask Hill any questions and whether the Officers did so. Please subpoena the RPD for
any recordings, calls, documentation relating to this matter, or RPD Sargent Tarter's alleged retaliation against me and the traffic citations
he called in another RPD officer to write against me on or around November 15th, 2011. Please file a counterclaimalleged 42 USC 1983
violations againt the City of Reno and the RPD, in addition to other appropriate counterclaims. Please depose Hill to verify his written
account that he actually walked into the Basement, that Merliss himself kicked the door down, whether the RPD Officers verbally
identified themselves prior to the door being kicked down, whether the accused hesitated at all upon the RPD identifying themselves, etc....

Sincerely,



Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documents arecovered by theelectronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain
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00792

CORRECTION FW: client controls means and objectives of litigation under Rules
of Professional Conduct
confidential information intended for thespecified individual (s) only. If you arenot theintended recipient or anagent responsiblefor delivering it to theintended
recipient, you arehereby notified that you havereceived this document in error and that any review, dissemination, copying, or thetaking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that is
privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that any
disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be
unlawful. If you receive this message in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and
destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 1:19 AM
To: puenteslaw@aol.com
Dear Mr. Puentes,


Please amend the list below to include the following:
5. RPD Statement by Richard Hill 11-22185

Further, please note I mistakenly noted in paragraph 4 below, that Hill was attributed as making a
written stament about entering the basement. Please, instead, ask the same questions of Officer Carter,
as to whether he "entered the doorway of the basement and found..." and what exactly he means by "He
was hesitant to come out and eventually did so". IE, what exactly does "eventually" mean? Like, one
second, ten minutes? What? Whether Officer Carter ever actually stepped foot in the basement, or
whether by writing that he "entered the doorway" Officer Carter is actually stating that he peeked his
head in or otherwise peered in. Please inquire as to whether the RPD refused to kick the door down or
whether someone else did, etc. PLEASE ASK OFFICER CARTER WHETHER HIS WRITTEN
STATMENT IS ENTIRELY ACCURATE WHERE IT ATTRIBUTES A QUOTE TO THE
ACCUSED THAT CARTER IS OR WAS "ON RICHARD HILL'S PAYROLL..." and further what
exactly was allegedly said about "working a deal". Please ask Carter and Lopez whether the accused
asked why they didn't just issue a citation and whether one would be arrested for getting their mail after
an eviction and why exactly an incarceration was necessary compared to a citation. Please further
inquire as to whether these Officers refused to make any arrests or investigation requested by the
accused and whether Carter indicated that he would never arrest anyone based on anything said by the
person he is arresting at the time such accusations, or counter accusations, are made. Please further
send Merliss and Hill subpoena duces tecum/interrogatories/request for production/ and request for
admission seeking specific, written indication and evidence supporting all contentions in any of the
materials upon which this arrest or this case is based, including, but not limited to Hill's written
statement that "We have observed evidence that he was coming and going."

Sincerely,

Zach Coughlin

From: zachcoughlin@hotmail.com
To: puenteslaw@aol.com
Subject: client controls means and objectives of litigation under Rules of Professional Conduct
Date: Wed, 14 Dec 2011 00:52:25 -0800

Dear Mr. Puentes,

Please let me know when we can discuss my case, the trial is very soon. I received a mailing from you, but it did not have a signed letter
from you stating what was in the package. Please email me or fax me any document production in the future and redact my personally
identifiable information from all documentions coming in or out of your office.
In the mailing I received from you was:
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00793

THIS COULD WIN THE CASE IN 11 CR 26405 2I
1. WCSO Mugshot Profile booking no: 1119876, one page
2. Criminal Complaint 11-22185, one page, signed by Richard Hill, not filestamped
3. ARrest Report and Declaration of Probable Cause rpd 1101921 C r650225 , Declarant RPD Officer Carter, no Magistrate signature
(please find out why), one page
4. RPD, 3 pages 11-22185 Adminstrative Information, etc. (please subpoena and depose both RPD Officer's Lopez and Carter, asking them
whether they verbally identified themselves prior to, according to Hill, kicking the door down, and further questions them concerning the
accuracy of Hill's written statement and whether Officer Carter said to the accused that Richard Hill pays him, Officer Carter, a lot of
money and therefore Carter arrests who Hills says to arrest and does what Hill says to do. Further, please depose both officers, asking
whether the accused requested they take any action or ask Hill any questions and whether the Officers did so. Please subpoena the RPD for
any recordings, calls, documentation relating to this matter, or RPD Sargent Tarter's alleged retaliation against me and the traffic citations
he called in another RPD officer to write against me on or around November 15th, 2011. Please file a counterclaimalleged 42 USC 1983
violations againt the City of Reno and the RPD, in addition to other appropriate counterclaims. Please depose Hill to verify his written
account that he actually walked into the Basement, that Merliss himself kicked the door down, whether the RPD Officers verbally
identified themselves prior to the door being kicked down, whether the accused hesitated at all upon the RPD identifying themselves, etc....

Sincerely,



Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documents arecovered by theelectronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain
confidential information intended for thespecified individual (s) only. If you arenot theintended recipient or an agent responsiblefor delivering it to theintended
recipient, you arehereby notified that you havereceived this document in error and that any review, dissemination, copying, or thetaking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that is
privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that any
disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be
unlawful. If you receive this message in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and
destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 5:02 AM
To: puenteslaw@aol.com
5 attachments
11 1 2011 Affidavit of Service, Notice of Entry of Order, and Order for Summary Eviction Rev2011-001708.pdf (7.8 MB) , Affidavit of Service
Sheriff's Machen 4 30 pm 11 1 2011.pdf (555.1 KB) , 12 14 11 fax to Puentes ISSUES THAT CAN WIN THE CASE.pdf (144.2 KB) , 11 21 11
Declaration of Richard Hill attach to his M for OSC (11-21-11) Compare to Police Reports and deposition of RPD's Carter and Lopez and
Merliss.pdf (791.4 KB) , 11 21 2011 REV2011-00178 RICHARD HILL'S M for OSC (11-21-11).pdf (711.7 KB)
ZachCoughlin, Esq.
817N. VirginiaSt. #2
Reno, NV89501
Tel: pleaseonlycommunicateinwriting
Fax: 9496677402
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00794
LicensedinNevada, NV Bar No: 9473



December 14
th
, 2011


Dear Mr. Puentes,

Mr. Puentes,

Please find attached the Affidavit of Service, filed November 7th, 2011 in the eviction case in RJ C (REV2011-0017808) from which the
trespass case you are Attorney of Record for (RMC 11 CR 26405 2I) stems. TURNS OUT, THE AFFIDAVIT OF SERVICE FILED BY
THE WASHOE COUNTY SHERIFF'S AUTHORIZED AGENT, J OHN MACHEN ADMITS, IN WRITING, THAT THE EVICTION
ORDER AND LOCKOUT WERE SERVED AND CONDUCTED PRIOR TO THE TIME AND DATE CALLED FOR BY THE
EVICTION ORDER (WHICH WAS NOT EVEN PUT INTO THE MAIL WITH A PROOF OF SERVICE UNTIL NOVEMBER 1,
2011...AND NRCP 4-6 APPLY TO STATUTORY UNLAWFUL DETAINER ACTIONS, THEREFORE, THE RJ C IS CLOSED
FRIDAYS AND OTHER NON JUDICIAL DAYS DO NOT COUNT, NOR DOES THE DAY THE ORDER IS SIGNED COUNT).
PLEASE ALSO FIND ATTACHED RICHARD HILL, ESQ'S DECLARATION ATTACHED TO A MOTION TO SHOW CAUSE HE
FILED IN REV2011-001708, WHICH I BELIEVE MAY PROVIDE FERTILE GROUND FOR IMPEACHING THE WRITTEN
STATEMENTS AND FUTURE TESTIMONY OF RPD OFFICER'S CARTER, LOPEZ, LANDLORD MERLISS, HILL HIMSELF,
ETC. PLEASE DO NOT DISCUSS THIS VERBALLY OR IN WRITING WITH ANYONE OTHER THAN MYSELF ABSENT MY
EXPRESS WRITTEN CONSENT PRIOR TO DOING SO.

I prefer to discuss this with you prior to your taking any action in relation to this illegal lockout or insufficient service of process or early
lockout or however it is described. The Sheriff's server, Machen, might try to argue that he served the Eviction Order at 4:30 pm, then
waited around until after 5 pm (as required by the Eviction Order) to perform the actual lockout. I think it would be best to get Machen
admitting, by tricking him into admitting, if necessary, that he performed the lockout within minutes of serving the Eviction Order.
Further, the law in our State does not seemexceptionally clear with regard to the service and process requirements and timelines, and
manner of calculating time with respect to the "receipt" of Lockout Orders. The Affidavit of Service by Machen states that he "personally
served the described documents upon" my, Zach Coughlin...However, I can attest by Affidavit that I was not "personally served" to the
extent that "personally served" means or implies that I was there, that Machen saw me or identified me, or any of the other indicators of
something, such as a Complaint, being "personally served" such as I understand the phrase to me. NRCP 5(b)(2)(A)(i-iii). Further, as
Baker and Hill have so often pointed out, I cannot, according to them, receive any attorney's fee award for appearing as pro se attorney, as
such, NRCP 5(b)(2)(A)(i-iii), should apply to me only as a party, and not as a party's attorney, and, therefore, according to NRCP 5,
Service: "(2) Service under this rule is made by: (A) Delivering a copy to the attorney or the party by: (i) handing it to the attorney or to the
party; (ii) leaving it at the attorneys or partys office with a clerk or other person in charge, or if there is no one in charge, leaving it in a
conspicuous place in the office; or (iii) if the office is closed or the person to be served has no office, leaving it at the persons dwelling
house or usual place of abode with some person of suitable age and discretion residing there..." So, either it was my office, in which
case a No Cause Eviction Notice makes impermissible a Summary Eviction Proceeding under NRS 40.253, and therefore, the Order of
Summary Eviction is void for lack of jurisdiction, or, the Affidavit of Service was on my home, and was not "handed" to me, or
"personally served" (despite the Affidavit attesting to having "personally served" me), nor was the Order of Summary Eviction served in
accordance with NRCP 5(b)(2)(A)(iii), which requires: "if the office is closed or the person to be served has no office, leaving it at the
persons dwelling house or usual place of abode with some person of suitable age and discretion residing there.."

Further, I believe posting an Order on one's residence door, particularly in the context of serving a No Cause Notice of Eviction or
Unlawful Detainer, is only valid if the document being served is also placed in the mail and 3 non judicial days are accorded for service to
be complete. See NRCP 6(e). I do not believe they can prove that at all, not even close. NRCP applies to Summary Eviction Actions,
according to the following:
"NRS 40.380 Provisions governing appeals. Either party may, within 10 days, appeal from the judgment rendered. But an appeal by the
defendant shall not stay the execution of the judgment, unless, within the 10 days, the defendant shall execute and file with the court or
justice the defendants undertaking to the plaintiff, with two or more sureties, in an amount to be fixed by the court or justice, but which
shall not be less than twice the amount of the judgment and costs, to the effect that, if the judgment appealed frombe affirmed or the
appeal be dismissed, the appellant will pay the judgment and the cost of appeal, the value of the use and occupation of the property, and
damages justly accruing to the plaintiff during the pendency of the appeal. Upon taking the appeal and filing the undertaking, all further
proceedings in the case shall be stayed.
Actually, a lot of people seemed confused regarding the 24 hours lockout thing. The only appearance in either NRS 118A or NRS 40, in the provisions
applicable to Summary Eviction Proceedings of anything related to 24 hours is in NRS 40.253(5), which only speaks to a situation where the Tenant
does not file a Tenant's Answer or Tenant's Affidavit, which is clearly inapplicable here, as the Tenant did file such a Opposition to the No Cause Eviction
Notice: 5. Upon noncompliance with the notice:
(a) The landlord or the landlords agent may apply by affidavit of complaint for eviction to the justice court of the township in which the dwelling,
apartment, mobile home or commercial premises are located or to the district court of the county in which the dwelling, apartment, mobile home or
commercial premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an order directing the sheriff or
constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit must state or contain...
So, absent some statutory provision allowing the Order of Summary Eviction to result in a lockout by the Washoe County Sheriff's Office prior to the 3
days for mailing where personal service of the Order of Summary Eviction was not effectuated, despite what WCSO employee may have incorrectly (or
falsely) asserted in the WCSO's John Machem's Affidavit of Service from, file stamped November 7, 2011 (especially where it is timestamped 4:30 pm,
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November 1, 2011, especially where the Order of Summary Eviction explicitly reads that no such lockout shall occur prior to 5:00 pm on November 1,
2011). See, NRCP 5(b)(2)(A)(i-iii), NRCP 6(e).
Interestingly, Richard Hill knows his case is toast under NRCP 5(b)(2)(A)(i-iii), NRCP 6(e), in addition to NRCP 11. That is why in
Richard Hill's November 21, 2011 Motion for Order To Show Cause, on page 2, Hills resorts to literally grasping at straws, imagining that
what the Washoe County Sheriff's Office customarily does is somehow automatically codified into mandatory precedent black letter law.
To wit, Richard Hill wrote in his Motion For Order To Show Cause that: FACTS SHOWING CONTEMPT OF COURT 6. EXHIBIT
1 was served on Coughlin on November " 2011 by the Washoe County Sheriffs Department, by posting same on the front door of the
property in the manner customary for evictions in Washoe County. The locks to the premises were changed at that time, thereby ejecting
and dispossessing Coughlin of possession of the Property. Further, therein Richard Hill admits that the lockout occurred at 4:30 pm, as
indicated in writing in the WCSO's Machem's Affidavit of Service, contra to the mandate of J udge Sferrazza's Order of Summary Eviction
requiring any lockout to occur after 5:00 pm, November 1, 2011.
NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay. Upon an
appeal from an order entered pursuant to NRS 40.253:
1. Except as otherwise provided in this subsection, a stay of execution may be obtained by filing with the trial court a bond in
the amount of $250 to cover the expected costs on appeal. In an action concerning a lease of commercial property or any other
property for which the monthly rent exceeds $1,000, the court may, upon its own motion or that of a party, and upon a showing of
good cause, order an additional bond to be posted to cover the expected costs on appeal. A surety upon the bond submits to the
jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the suretys agent upon whom papers
affecting the suretys liability upon the bond may be served. Liability of a surety may be enforced, or the bond may be released, on
motion in the appellate court without independent action.
2. A tenant who retains possession of the premises that are the subject of the appeal during the pendency of the appeal shall pay to the
landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. If the tenant fails to
pay such rent, the landlord may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to NRS
40.253.
NRS 40.390 Appellate court not to dismiss or quash proceedings for want of form. In all cases of appeal under NRS 40.220 to 40.420,
inclusive, the appellate court shall not dismiss or quash the proceedings for want of form, provided the proceedings have been conducted
substantially according to the provisions of NRS 40.220 to 40.420, inclusive; and amendments to the complaint, answer or summons, in
matters of form only, may be allowed by the court at any time before final judgment upon such terms as may be just; and all matters of
excuse, justification or avoidance of the allegations in the complaint may be given in evidence under the answer.
NRS 40.400 Rules of practice. The provisions of NRS, Nevada Rules of Civil Procedure and Nevada Rules of Appellate
Procedure relative to civil actions, appeals and new trials, so far as they are not inconsistent with the provisions of NRS 40.220 to
40.420, inclusive, apply to the proceedings mentioned in those sections.
So, considering that NRS 40.400 requires that NRCP apply to Summary Eviction Proceedings under NRS 40.253, then service, process,
and time calculations of such must comport with the dictates of NRCP 5-6: " RULE 5. SERVICE AND FILING OF PLEADINGS AND
OTHER PAPERS
(a) Service: When Required. Except as otherwise provided in these rules, every order required by its terms to be served, every
pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to
discovery required to be served upon a party unless the court otherwiseorders, every written motion other than one which may be heard ex
parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served
upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or
additional claims for relief against them shall be served upon themin the manner provided for service of summons in Rule 4.
(b) Same: How Made.
(1) Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service
shall be made upon the attorney unless the court orders that service be made upon the party.
(2) Service under this rule is made by:
(A) Delivering a copy to the attorney or the party by:
(i) handing it to the attorney or to the party;
(ii) leaving it at the attorneys or partys office with a clerk or other person in charge, or if there is no one in charge,
leaving it in a conspicuous place in the office; or
(iii) if the office is closed or the person to be served has no office, leaving it at the persons dwelling house or usual place
of abode with some person of suitable age and discretion residing there.
(B) Mailing a copy to the attorney or the party at his or her last known address. Service by mail is complete on mailing;
provided, however, a motion, answer or other document constituting the initial appearance of a party must also, if served by mail,
be filed within the time allowed for service; and provided further, that after such initial appearance, service by mail be made only
by mailing from a point within the State of Nevada.
(C) If the attorney or the party has no known address, leaving a copy with the clerk of the court.
(D) Delivering a copy by electronic means if the attorney or the party served has consented to service by electronic
means. Service by electronic means is complete on transmission provided, however, a motion, answer or other document
constituting the initial appearance of a party must also, if served by electronic means, be filed within the time allowed for service.
The served attorneys or partys consent to service by electronic means shall be expressly stated and filed in writing with the clerk
of the court and served on the other parties to the action. The written consent shall identify:
(i) the persons upon whom service must be made;
(ii) the appropriate address or location for such service, such as the electronic-mail address or facsimile number;
(iii) the format to be used for attachments; and
(iv) any other limits on the scope or duration of the consent.
An attorneys or partys consent shall remain effective until expressly revoked or until the representation of a party changes
through entry, withdrawal, or substitution of counsel. An attorney or party who has consented to service by electronic means shall,
within 10 days after any change of electronic-mail address or facsimile number, serve and file notice of the new electronic-mail address or
facsimile number.
(3) Service by electronic means under Rule 5(b)(2)(D) is not effective if the party making service learns that the attempted
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service did not reach the person to be served.
(4) Proof of service may be made by certificate of an attorney or of the attorneys employee, or by written admission, or by
affidavit, or other proof satisfactory to the court. Failure to make proof of service shall not affect the validity of service...
RULE 6. TIME
(a) Computation. In computing any period of time prescribed or allowed by these rules, by the local rules of any district court, by
order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run
shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a nonjudicial day, in
which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a nonjudicial day, or, when the act to be
done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of the district court
inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of
time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and nonjudicial days shall be excluded in the
computation except for those proceedings filed under Titles 12 or 13 of the Nevada Revised Statutes...
(e) Additional Time After Service by Mail or Electronic Means. Whenever a party has the right or is required to do some act
or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon the party
and the notice or paper is served upon the party by mail or by electronic means, 3 days shall be added to the prescribed period.
Subdivision (a) is revised to extend the exclusion of intermediate Saturdays, Sundays, and nonjudicial days to the computation of time
periods less than 11 days consistent with the 1985 amendments to the federal rule. Additionally, the inaccessibility of the court
provision found in subdivision (a) of the federal rule is added to Rule 6(a). Subdivision (a) is further amended, by adding language
referring to proceedings filed under Titles 12 or 13 of the Nevada Revised Statutes, to avoid any changes to current procedures in
probate, guardianship and trust proceedings....
Subdivision (e) is amended to provide an additional 3 days to act in response to a paper that is served by electronic means under
new paragraph (2)(D) added to Rule 5(b)."
NRS 40.253 Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent.
1. Except as otherwise provided in subsection 10, in addition to the remedy provided in NRS 40.2512 and 40.290 to 40.420, inclusive,
when the tenant of any dwelling, apartment, mobile home, recreational vehicle or commercial premises with periodic rent reserved
by the month or any shorter period is in default in payment of the rent, the landlord or the landlordsagent, unless otherwise agreed in
writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises...
4. If the tenant files such an affidavit at or before the time stated in the notice, the landlord or the landlords agent, after receipt of a
file-stamped copy of the affidavit which was filed, shall not provide for the nonadmittance of the tenant to the premises by locking or
otherwise.
5. Upon noncompliance with the notice:
(a) The landlord or the landlords agent may apply by affidavit of complaint for eviction to the justice court of the township in which
the dwelling, apartment, mobile home or commercial premises are located or to the district court of the county in which the dwelling,
apartment, mobile home or commercial premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an
order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order..
6. Upon the filing by the tenant of the affidavit permitted in subsection 3, regardless of the information contained in the affidavit, and
the filing by the landlord of the affidavit permitted by subsection 5, the justice court or the district court shall hold a hearing, after service
of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section.
If the court determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful
detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the
tenant. If the court determines that there is a legal defense as to the alleged unlawful detainer, the court shall refuse to grant either
party any relief, and, except as otherwise provided in this subsection, shall require that any further proceedings be conducted
pursuant to NRS 40.290 to 40.420, inclusive. The issuance of a summary order for removal of the tenant does not preclude an action
by the tenant for any damages or other relief to which the tenant may be entitled....
7. The tenant may, upon payment of the appropriate fees relating to the filing and service of a motion, file a motion with the court, on a
form provided by the clerk of the court, to dispute the amount of the costs, if any, claimed by the landlord pursuant to NRS 118.207 or
118A.460 for the inventory, moving and storage of personal property left on the premises. The motion must be filed within 20 days after the
summary order for removal of the tenant or the abandonment of the premises by the tenant, or within 20 days after:
(a) The tenant has vacated or been removed fromthe premises; and
(b) A copy of those charges has been requested by or provided to the tenant,
whichever is later.
8. Upon the filing of a motion pursuant to subsection 7, the court shall schedule a hearing on the motion. The hearing must be
held within 10 days after the filing of the motion. The court shall affix the date of the hearing to the motion and order a copy
served upon the landlord by the sheriff, constable or other process server. At the hearing, the court may:
(a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118.207 or 118A.460 and any accumulating daily costs; and
(b) Order the release of the tenants property upon the payment of the charges determined to be due or if no charges are determined to
be due.
Landlord Merliss filed only a No Cause Notice of Eviction in REV2011-001708 on Commercial Tenant Zach Coughlin, Esq.'s law office.
As such, a Summary Eviction Proceeding is impermissible given the requirement of NRS 40.253 that the Notice alleged non-payment of
rent to allow the landlord to proceed under the Summary Eviction Proceeding section, NRS 40.253. Further, Judge Sferrazza was
precluded from ruling on anything other than possession of the premises pursuant to NRS 40.253(6), Anvui, and Glazier. Further, the
tenancy did not terminate under the Lease Agreement, it ws renewed.
NRS 40.254 Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property.
Except as otherwise provided by specific statute, in addition to the remedy provided in NRS 40.251 and in NRS 40.290 to 40.420, inclusive,
when the tenant of a dwelling unit which is subject to the provisions of chapter 118A of NRS, part of a low-rent housing program operated
by a public housing authority, a mobile home or a recreational vehicle is guilty of an unlawful detainer, the landlord is entitled to the
summary procedures provided in NRS 40.253 except that:
1. Written notice to surrender the premises must:...(e) A statement that the claim for relief was authorized by law.
As such, the too early lockout brings into play the following:
NRS 118A.390 Unlawful removal or exclusion of tenant or willful interruption of essential services; procedure for expedited relief.
1. If the landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the
tenants entry upon the premises or willfully interrupts or causes or permits the interruption of any essential service required by
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the rental agreement or this chapter, the tenant may recover immediate possession pursuant to subsection 4, proceed under NRS
118A.380 or terminate the rental agreement and, in addition to any other remedy, recover the tenants actual damages, receive an
amount not greater than $1,000 to be fixed by the court, or both.
2. In determining the amount, if any, to be awarded under subsection 1, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harmto the tenant caused by the landlords conduct.
3. If the rental agreement is terminated pursuant to subsection 1, the landlord shall return all prepaid rent and security recoverable under
this chapter.
4. Except as otherwise provided in subsection 5, the tenant may recover immediatepossession of the premises from the landlord by filing a
verified complaint for expedited relief for the unlawful removal or exclusion of the tenant fromthe premises or the willful interruption of
essential services.
5. A verified complaint for expedited relief:
(a) Must be filed with the court within 5 judicial days after the date of the unlawful act by the landlord, and the verified complaint must be
dismissed if it is not timely filed. If the verified complaint for expedited relief is dismissed pursuant to this paragraph, the tenant retains the
right to pursue all other available remedies against the landlord.
(b) May not be filed with the court if an action for summary eviction or unlawful detainer is already pending between the landlord and
tenant, but the tenant may seek similar relief before the judge presiding over the pending action.
6. The court shall conduct a hearing on the verified complaint for expedited relief within 3 judicial days after the filing of the verified
complaint for expedited relief. Before or at the scheduled hearing, the tenant must provide proof that the landlord has been properly served
with a copy of the verified complaint for expedited relief. Upon the hearing, if it is determined that the landlord has violated any of the
provisions of subsection 1, the court may:
(a) Order the landlord to restore to the tenant the premises or essential services, or both;
(b) Award damages pursuant to subsection 1; and
(c) Enjoin the landlord fromviolating the provisions of subsection 1 and, if the circumstances so warrant, hold the landlord in contempt of
court.
7. The payment of all costs and official fees must be deferred for any tenant who files a verified complaint for expedited relief. After any
hearing and not later than final disposition of the filing or order, the court shall assess the costs and fees against the party that does not
prevail, except that the court may reduce themor waive them, as justice may require.



NRS 118A.090 Exclude defined. Exclude means to evict or to prohibit entry by locking doors or by otherwise blocking or attempting to block entry,
or to make a dwelling unit uninhabitable by interrupting or causing the interruption of electric, gas, water or other essential services.
ALL PAPERS AND PLEADINGS AND CORRESPONDENCS PREVIOUSLY SUBMITTED TO THE RENO JUSTICE COURT AND OR ITS EMPLOYEES IS HEREBY
INCORPORATED BY REFERENCE INTO THIS FILING.
NRS 118A.190: Notice: Definition; service.
1. A person has notice of a fact if:
(a) The person has actual knowledge of it;
(b) The person has received a notice or notification of it; or
(c) From all the facts and circumstances the person reasonably should know that it exists.
2. Written notices to the tenant prescribed by this chapter shall be served in the manner provided by NRS 40.280.
3. Written notices to the landlord prescribed by this chapter may be delivered or mailed to the place of business of the landlord designated in the rental
agreement or to any place held out by the landlord as the place for the receipt of rental payments from the tenant and are effective from the date of
delivery or mailing.
NRS 40.280 Service of notices to quit; proof required before issuance of order to remove.
1. Except as otherwise provided in NRS 40.253, the notices required by NRS 40.251 to 40.260, inclusive, may be served:
(a) By delivering a copy to the tenant personally, in the presence of a witness;
(b) If the tenant is absent from the tenants place of residence or from the tenants usual place of business, by leaving a copy with a person of suitable
age and discretion at either place and mailing a copy to the tenant at the tenants place of residence or place of business; or
(c) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a
conspicuous place on the leased property, delivering a copy to a person there residing, if the person can be found, and mailing a copy to the tenant at
the place where the leased property is situated.
I did not receive any of the emails allegedly sent to my from Richard Hill's email address, rhill@richardhillaw.com between August 18
th
, 2011 to
November 17
th
, 2011, and certainly none from rhill@richardhillaw.com during the period between the illegal lockout at 4:30 pm November 1, 2011 and
the trespass arrest of November 13
th
, 2011 which allegedly spoke to my being provided access to the property for the purpose of my removing my
belongings, despite my numerous calls and written requests, which outlined the exigencies inherent to my being precluded access to my client files
incident to an unlawful and improperly notice and too early occurring lockout by the WCSO. I and my business have been damaged greatly by these
acts. Further, I had repeatedly sent both Baker and Hill notice, in writing, that I did not consent to service or notice of anything via electronic means.
Further NRS 118A.190 does not speak to notice of a legal finding, but rather to notice of a fact. As such, I was not appropriately served notice of the
Order of Summary Eviction, and an illegal lockout occurred, as such no criminal trespass charge can stand.
NRS 118A.260 Disclosure of names and addresses of managers and owners; emergency telephone number; service of process.
1. The landlord, or any person authorized to enter into a rental agreement on his or her behalf, shall disclose to the tenant in writing at or before the
commencement of the tenancy:
(a) The name and address of:
(1) The persons authorized to manage the premises;
(2) A person within this State authorized to act for and on behalf of the landlord for the purpose of service of process and receiving notices and
demands; and
(3) The principal or corporate owner.
(b) A telephone number at which a responsible person who resides in the county or within 60 miles of where the premises are located may be called in
case of emergency.
2 The information required to be furnished by this section must be kept current and this section is enforceable against any successor landlord or
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FW: THIS COULD WIN THE CASE IN 11 CR 26405 2I
manager of the premises.
3. A party who enters into a rental agreement on behalf of the landlord and fails to comply with this section is an agent of the landlord for purposes of:
(a) Service of process and receiving notices and demands; and
(b) Performing the obligations of the landlord under law and under the rental agreement.
4. In any action against a landlord which involves his or her rental property, service of process upon the manager of the property or a person described
in paragraph (a) of subsection 1 shall be deemed to be service upon the landlord. The obligations of the landlord devolve upon the persons authorized
to enter into a rental agreement on his or her behalf.
5. This section does not limit or remove the liability of an undisclosed landlord.
NRS 40.310 Issue of fact to be tried by jury if proper demand made. Whenever an issue of fact is presented by the pleadings, it shall be tried by a jury, if
proper demand is made pursuant to the Nevada Rules of Civil Procedure or the Justice Court Rules of Civil Procedure



Actually, a lot of people seemed confused regarding the 24 hours lockout thing. The only appearance in either NRS 118A or NRS 40, in the provisions
applicable to Summary Eviction Proceedings of anything related to 24 hours is in NRS 40.253(5), which only speaks to a situation where the Tenant
does not file a Tenant's Answer or Tenant's Affidavit, which is clearly inapplicable here, as the Tenant did file such a Opposition to the No Cause Eviction
Notice: 5. Upon noncompliance with the notice:
(a) The landlord or the landlords agent may apply by affidavit of complaint for eviction to the justice court of the township in which the dwelling,
apartment, mobile home or commercial premises are located or to the district court of the county in which the dwelling, apartment, mobile home or
commercial premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an order directing the sheriff or
constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit must state or contain...
So, absent some statutory provision allowing the Order of Summary Eviction to result in a lockout by the Washoe County Sheriff's Office prior to the 3
days for mailing where personal service of the Order of Summary Eviction was not effectuated, despite what WCSO employee may have incorrectly (or
falsely) asserted in the WCSO's John Machem's Affidavit of Service from, file stamped November 7, 2011 (especially where it is timestamped 4:30 pm,
November 1, 2011, especially where the Order of Summary Eviction explicitly reads that no such lockout shall occur prior to 5:00 pm on November 1,
2011). See, NRCP 5(b)(2)(A)(i-iii), NRCP 6(e).
Interestingly, Richard Hill knows his case is toast under NRCP 5(b)(2)(A)(i-iii), NRCP 6(e), in addition to NRCP 11. That is why in
Richard Hill's November 21, 2011 Motion for Order To Show Cause, on page 2, Hills resorts to literally grasping at straws, imagining that
what the Washoe County Sheriff's Office customarily does is somehow automatically codified into mandatory precedent black letter law.
To wit, Richard Hill wrote in his Motion For Order To Show Cause that: FACTS SHOWING CONTEMPT OF COURT 6. EXHIBIT
1 was served on Coughlin on November " 2011 by the Washoe County Sheriffs Department, by posting same on the front door of the
property in the manner customary for evictions in Washoe County. The locks to the premises were changed at that time, thereby ejecting
and dispossessing Coughlin of possession of the Property. Further, therein Richard Hill admits that the lockout occurred at 4:30 pm, as
indicated in writing in the WCSO's Machem's Affidavit of Service, contra to the mandate of J udge Sferrazza's Order of Summary Eviction
requiring any lockout to occur after 5:00 pm, November 1, 2011.
Sincerely,

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473


Sincerely,

Zach Coughlin, Esq.



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00799
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 5:39 AM
To: puenteslaw@aol.com
5 attachments
11 1 2011 Affidavit of Service, Notice of Entry of Order, and Order for Summary Eviction Rev2011-001708.pdf (7.8 MB) , Affidavit of Service
Sheriff's Machen 4 30 pm 11 1 2011.pdf (555.1 KB) , 12 14 11 fax to Puentes ISSUES THAT CAN WIN THE CASE.pdf (144.2 KB) , 11 21 11
Declaration of Richard Hill attach to his M for OSC (11-21-11) Compare to Police Reports and deposition of RPD's Carter and Lopez and
Merliss.pdf (791.4 KB) , 11 21 2011 REV2011-00178 RICHARD HILL'S M for OSC (11-21-11).pdf (711.7 KB)
Hi Mr. Puentes,

What is inconsistent in the discovery you provided me and Hill's Motion to Show Cause? I am
interested to see what you come up with and who you would want to ask what questions. I went to the
University of Washington too, for awhile at least, year round from 9/95 to 12/96.

Hill's Declaration in his 11 21, 2011 Motion to Show Cause indicates that:
"DECLARATION OF RICHARD G. HILL, ESQ.
RICHARD G. HILL, ESQ., being first duly sworn, deposes and under penalty
of perjury avers:
1. I am a resident of the City of Reno, County of Washoe, State of Nevada,
and over 18 years of age. This declaration is based on my personal knowledge, exceptthose
matters stated on information and belief, and as to those items I believe them to be true.
This declaration is made in support of plaintiffs Motion for Contempt Citation, and
represents my testimony if called on to present same in court.
2. I am an attorney duly licensed as such by the State of Nevada to practice
before all courts of this State and maintain my office at 652 Forest Street, Reno, Nevada.
I am also licensed to practice before the United States District Court for the District of
Nevada, the Ninth Circuit Court of Appeals and the United States Supreme Court.
III
3. My office represents the plaintiff, Dr. Matthew Merliss, in this matter.
4. On October 27, 2011, this court signed a summary eviction order, and on
November 1, 2011, the Washoe County Sheriff's Department served that order. The notice
was posted on the door of the home by the Washoe County Sheriff's Department in the
manner customary in Washoe County for evictions. The locks on the front door and back
door were changed, and we retained all keys to the home.
5. After that date, I began to notice that it looked like somebody had been
getting into the home. On approximately November 4, 2011, I became concerned about the
home and its contents. I entered it and was able to confirm that "somebody" had been
getting in. I thought I had secured the means of entry being used by whoever it was that
was getting in. However, on later visits to the home, it was clear that the home was still
being surreptitiously accessed.
6. On November 13, 2011, Dr. Merliss came to Reno because he wanted to
inspect the home. Upon entry, it was clear that somebody had again accessed the home.
7. We tried to enter the basement and found the door was barricaded, not
locked, from the inside. We were concerned that whoever had been accessing the home was
inside, so we called the police.
8. When the police arrived, they agreed with us that it was very likely that
somebody was barricaded in the basement. The police tried to coax the personto come out,
but without success.
9. When the police declined to break down the door, Dr. Merliss did so. The
police looked inside and discovered the defendant, Zachary Coughlin, and his dog.
10. Coughlin came out peacefully, went upstairs and was placed under arrest
by the police for trespassing.
11. After Coughlin was taken to jail, Dr. Merliss and I tried to videotape the
contents ofthe basement where Coughlin had been hiding. It was too dark to effectively
videotape, but we were able to ascertain that Coughlin and his dog have been living. in the
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III
basement of the home for quite some time, likely even before the lockout. Iobserved that
Coughlin had a bed set up. He had several computer monitors. He had a store of both food
and water. He had electric space heaters.
12. Since the eviction order was served, my associate, Mr. Baker, and I had
sent numerous emails to Coughlin, in which we both repeatedly made it clear to him that
he was not to be at the home without our prior permission. No such permission was given.
Mr. Coughlin had no reason to possibly think he was permitted on the property. We had
tried to coax him to cooperate on getting his possessions out, without success, or even a
response.
13. As a result of Mr. Coughlin's break-ins, Dr. Merliss has incurred a bill of
$1,060 with a licensed contractor to secure the premises. That does not include the cost of
the door that was broken in order to get Coughlin out. That does not include the numerous
hours of me and my staff to deal with Mr. Coughlin's repeated break-ins at the home.
14. I am no expert, but I believe Mr. Coughlin is what is called a "hoarder."
He has many car seats throughout the house. He has many dead televisions. He has a box
of car window servo motors. The attic, which can only be accessed through a very narrow
opening, is full of items, including dead electronic devices.
15. We have found drugs at the home. We found a bag of what looks like
marijuana on the kitchen counter. I found a crack pipe. The contractor found what he said
was a large quantity of pills.
16. Mr. Coughlin has been harassing and stalking me, and possibly, my staff.
On November 15, 2011, he burst intomy office and created a scene. Then, he was parading
up and down the sidewalk across the street with a video camera screaming obscenities at
me and my staff.
III
II I
III
17. I declare under penalty of perjury that the foregoing is true and correct..."
But RPD Officer Carter wrote in his Supplemental Declaration: "On November 13, 2011 at
approximately 1200 hours I responded to 121 River Rock St, Reno, on a report of an
unwanted subject in the home. I arrived on scene with Sgt Lopez and we met with the RIP. Richard Hill,
who told
us the following:Richard is a local attorney who is representing the home owner, Matthew Merliss.
Matthew filed eviction papers on
his tenant, Zachary Coughlin, at 121 River Rock St last month and they were served at the home by
leaving them
on the door. The eviction papers stated that Zachary was to vacate the property on November 1, 2011 .
Matthew has been to the house several times over the past week and has observed evidence of someone
coming
and going. Today he was at the house and found the basement door to be locked from inside.
Matthew contacted Richard who responded and called the police.
Sgt Lopez and I knocked on the basement door and announced loudly "Reno Police" and called out for
Zachary to
open the door. We were met with no response. Matthew decided he would kick the door open, and did
so.
I entered the doorway of the basement and found Zachary standing at the rear of the room holding a
small dog.
He was hesitant to come out and eventually did so.
Zachary came upstairs and instantly started arguing his legal standing in the house, asking me
"hypothetically
speaking" type questions. He then told me I was making a false arrest due to the fact that I am on
Richard Hill's
payroll and he was going to sue me.
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I tried to explain to Zachary that he was seNed eviction papers and he asked me what I could do about it
if he
hypothetically didn't get them . He then told me that he had worked a deal with Matthew to continue
paying rent
and that the legal eviction was no longer val id.
I again tried to explain to Zachary that a judge had signed anorder forcing him to leave the property and
all he did
was cite civil case law to me (l'm unsure if any of the cases he was rambling on about even exist) and
tell me that
I was making a bad arrest.
Due to Zachary not believing he has done anything wrong that the fact he believes he still has standing
there is
reasonable grounds to believe Zachary will return to the house. Therefore he did not qualify for a
misdemeanor
citation.
Richard completed a statement on Matthews' behalf and signed a criminal complaint.
Zachary was transported and booked into the Washoe County Jail without incident for
Trespassing...."Further, Richard Hill's own Written Statment of 11 13, 2011, provided to the RPD writes
that "We evicted Coughlin. The papers were posted by WCSO on 11/1/11 We have observed evidence
that he was coming and going...."

Why didn't Merliss make a Written Statement. Was Merliss really in Reno during the time frame to
observe what Hill asserts Merliss observed in Hill's Declaration of 11 21, 2011? What other holes do
you see?

Hills 11 21, 2011 Declaration states that: "6. OnNovember 13, 2011, Dr. Merliss came to Reno because
he wanted to
inspect the home. Upon entry, it was clear that somebody had again accessed the home.
7. We tried to enter the basement and found the door was barricaded, not
locked, from the inside. We were concerned that whoever had been accessing the home was
inside, so we called the police.
8. When the police arrived, they agreed with us that it was very likely that
somebody was barricaded in the basement. The police tried to coax the person to come out,
but without success.
9. When the police declined to break down the door, Dr. Merliss did so. The
police looked inside and discovered the defendant, Zachary Coughlin, and his dog.
10. Coughlin came out peacefully, went upstairs and was placed under arrest
by the police for trespassing."

However, RPD Officer Carter's Narrative, on page 3 of 3 from his November 14th, 2011 Report
writes that: "Matthew has been to the house several times over the past week and has
observed evidence of someone coming and going. Today he was at the house and found the
basement door to be locked from inside.
Matthew contacted Richard who responded and called the police.
Sgt Lopez and I knocked on the basement door and announced loudly "Reno Police" and
called out for Zachary to open the door. We were met with no response. Matthew decided he
would kick the door open, and did so.
I entered the doorway of the basement and found Zachary standing at the rear of the room
holding a small dog.
He was hesitant to come out and eventually did so."

Hill's Declaration contains nothing about this "reluctance" RPD Officer Carter mentions
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To: 84599357-307e-4bdb-93ac-65c32ba
,Ilotraail Print Message
From: zachcoughlin 2-13-12 2:57pn p. 27 of 35
Page 18 of 26
Further, Hill's Declaration makes no mention of Merliss's noticing anything at the property or
any trips by Merliss to the property, in marked contrast to RPD Officer's Carter writing that
"Matthew has been to the house several times over the past week and has observed evidence
of someone coming and going." Additionally, Merliss picked up my dog and held it in his
hands close to his body and demanded that I let him have it, and the RPD Officers did nothing
about it, further, Merliss was taunting me during the arrest demanding I give him "some more
eye contact', accusing me of costing him 520,000 for the informed consent wrong site legal
surgery that was Hill's billing of $20K in a Summary Eviction Proceeding where JCRCP 3 and
NRS 69.030 preclude an award of fees, etc. Notice Hill's Declaration only writes that "the police
tried to coax the person out" but clearly does not corroborate RPD's Carter's assertion that the
RPD announced itself as police prior to the door being kicked down. Hills Written Statement
that the eviction papers were "served" by the WCSO "leaving them on the door" is a violation
of NRCP 11 and leaves him and his client liable for the wrongful arrest and defamation that
occurred incident to RPD's actions.
Zach Coughlin,Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel; 775 229-6737
fax: 949 667 7402
ZachCottghlin@hotrtiail.com
Nevada Bar No: 94 73
Notice
,
This message and accompanying documents ore covered be the electronic Communications Privacy Act,1.8 U.S C. if 2510-2121,and may contain
confidentiel inforniation intended for the specified individual (s) only, If you ere not the intended recipient or an agent responsible for delivering it to the intended
recipient, you are hereby notified thee you have received this document in error and that any review,dissemination,copying,or the taking of any action based on the
content,: of this information is strictly prohibited. This es maps is confidential, intended only fee the named rocipientfefond may cantafn inf orms tien that es
privileged, attorney work product or exempt from disclosure under applicable low, rf you are net the iltfmled rectplant(s), you are notified that any
disclosure, copying, distribution or any action tok en or omitted to he tak en fn reliance an the contents of this information is prohibited and may ha
unlawful. if you receive this message in error, or are nor the named recipient(s), pleasrnatify the sender, delete this e-mail f ram your computer, and
destroy any copies in any form immediately. Receipt by anyone ether than the nomad recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege,
FW: 121 River Rock
r-orn: Zach Coughlin (zachcoughr.nVhetrnarl.corn)
Sent: Sat 12/17/11 12:15 AM
To: isallardriereno.gov, howardkepreno.gov; roDertsp*renagov; ronemunfratorelsrpreno.gov,haze ff-steversce irlo.gos.; puentestew@aol.com
Lin believab.e. The idea that excu pating evkience in being withheld under some 'len" is transmitted into the universe,next thing I know,my law office
is broken in to and the Richard B. Hill gang is se asserting a lien cn property that was stolen,in my opinion, as a result of theft own negligence, leaving
a window air conditioner unit in a window,without even putt ing a window jam between the top of the sill and lower pain,(acing a sidewalk a block
from the Lakemill Lodge and across from City Center Apartments,great Great. Ano I still have not been faxed or appropriately served the Order and
Contempt Order was told would be faxed to rne.
Zach Coughlin, Esq.
R17 N. Virginia St. #2
Reno, NV 89501
tel: 7
7
9 229-6737
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Page 19 of 26

fax: 549 667 7402
ZachCoughlinghotmail...com
Nevada Bar No: 94 73
Nedca This menage and accompanying documents we covered by the electronic Controunicetions Privacy Act,18 U.S.C. 2510.2321,end may contain
confidential information intended for the specified individual (a) only. Ifyou we not the intended recipient or en agent responsible for delivering it to the intended
recipient,you are hereby ratified that you have received this document in error rod the any review,dissemination,copying,or the taking of any action based on the
contents of this information is Pricey prohibited Thin message is amfidential, intended only for the named recipients) aid nary curtain fel emotion that is
privileged, attorney work product or exempt front disci...my under applicable law. if you are not the intended recipleet(s), yea ere sotifiod that any
disclosure, copying, distribution or any anion taken or emitted to be token in reliance on the content, of thin information le prohibited and may be
unlawful, if you receive thin message in error, or are not the named recfplent(e), pirate notify the sander, delete this e-mail from your computer, and
destroy any copies in any form immediately. Recaps by anyone ether than tare named tecirient(a) is not a waiver of any attorney-dicer, we rk product, or
ether applicable privilege.
From: zachcoughlinePhotmail.com
To cdbakereric hardhillaw.com; knielsen@richardhillaw.com: sg a lagher@richardhillaw.corn
Subject RE! 121 River Rock
Date Wed,14 Dec 2011. 15A3:38 -0800
Dear Mr. Baker,
I drove by the properly recently and saw you had added boarding up the front door on very,very recently. Unfortunately,your client and your Erni,
despite billing up some $1,060 for "securing' the property on top of charging $900 for storage (or what could fit inside a 10x20 foot storage shed,
never once providing an inventory,and contributing to a wrongful arrest and defamation causing me and my clients great damage,failed to take even
basic steps to secure the property,despite ny making numerous written requests that you do so,including,but not limited to,taking the damn window
unit air conditioner out of the window (acing the sidewalk an the side of the house very close to the damn Lakemill Lodge,or even putting a strong
stick in between the bottom sliding window pain and the top of the sill to prevent someone from simply pushing in the window unit air conditioner and
pushing the window up to gain access. Further,a blanket that was on the orange circular couch is clearly in the flower bed in front of the house.
Additionally,there are reports that someone with your office gave someone a mattress from the inventory or Coughlin Memory Foam (e Nevada
licensed bus'ness located at the property) and art expensive mattress platform has clearly been damaged and placed in the flower bed aswell,in
addition to one of the wooden porch shades being removed from the front porch. You and your client are,of course,liable for all of this.
Sincerely.
Zach CcughEn,Esq.
817 N. Virginia St. #2
Reno,NV 89501
fax: 949 667 74 02
ZachCoughlin@hotsnaiLcom
Nevada Bar No: 9473
Notice" This message and accompanying documents we coveted by the electronic Communicahons Privacy Act,18 U.S.C. 2510.2521,and may contain
confidential information intended for the specified individual Wanly. If you we not the inteeded recipient cr en agent responsible for delivering it to the intended
recipient,you we hereby notified the you have received this document is wr or and that any review,dissemination,copying,or the taking of any action band on the
contents of thin information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that it
privileged, attorney week product or exempt from disclosure ander appticabie law, if you are net the intended recipients), you are notified that any
disdosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be
unlowfui. if you receive dais message in error, o f are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and
destroy any copies in any form in1117 rdietrly. Receipt by anyone other dial} the named rocipiear(s)is not e t waiver of any attorney-effort, work product, or
other applicable pitcher.
Front: cdbakert5erichardhillaw.com
Tot zachcoughlin@hotmail.com
CC: rhillOrichardhiltaw.com
Subject 121 River Rock
Date Wed,14 Dec 2011 1150:02 -0800
http://by148w.bay148.mail.live.corn/mail/PrixitIVIessages.aspx
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To: 84599357-307e-4b6-933c-6502ba From: zachcoughlia
rant.....aaniMMtantaeamaaaelniaMMSWOnaionalepao4a,......mm
2-13-12 2457pn p. 29 of 35
J-Iotmail Print Message Page 20 of 26
Mr. Coughlin:
The River Rockproperty hasbeen broken into. We believe the break-in occurred sometime on Monday, December 12,2011. There appear tobe items
missing, including the TV lathe living room, perhapsacomputer monitor, and perhapssome stereoequipmentI canttell whitelse. The contentsof
the residence appear tohave been rifled through.
Iam providing you with thisInformation asacourtesy. Thisemail doesNOT constitute permission for you togotothe River Rockproperty.
Casey D Baker, Esq.
Richard 01. MR, Chartered
652 ForestStreet
Reno, NevadaS95og
Phone: (775)348-08
8
8
Fax: (775) 348-0858
Email: cdbakerTtrichardhillaw.com
CONFIDENTIALATTORNEY WCRKPROOLICT. ATTORNV-CLIENTPPIVILICE
rue e-rnel may contain1 agony p.SN. god or confidential I...Owns/or. If you aes rattine Intended recipient plawa do not rood,copy,Liao or dIscl oar tile en more,nlestfen 1: sayer a oth sr than *a
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To an aura comodanea +ohtl rams ran s oftFrootuad by the TRS. Ws Inform you thatany US. federal totadds contab ad In Ihls communf tation Sne1.141no any ettaehmental is not rdiricled or...Knot. to Se
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dno osnotlea under tits Internal Paoronus Code or AO prornotna Molesting oe rscornmsndlog to wet,. party arty transactionor matter addreuact
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need to communicate with you regarding my requests
From: Zach Coughlin (zachcoughr ngihotrnall.r0M)
Sent: Mon 12/26/11 3:52 PM
To: puentaslaweeol.com
Dear Mr. Fuentes,
1 called you justnow and leftamessage. Ihave received nothing from you in regard to my written requests for action on your Dartand for information
in connection with the matter for which you are attorney of record RMC 11 C4 22185
Please respond in writing.
Sincerely,
Zach Coughlin, Esq.
817 N. VirginiaSt. 42
Reno, NV 89501
tel.: 775 229-6737
fax 949 667 7402
ZathCoughlin@hotmail.CoM
Nevada18 ar No: 9473
Notia Thismenage and accompanying document* are covered by the electronic Communication* Privacy Act, 18 U.S.C. If 2510-1521. and may contain
confidential information intended for the specified individual (a) only. If you era nutthe intended recipient or an agentreaponsible for delivering ittothe intended
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Page 21 of 26
treat zacinCoUgOlin fpin p. itsor in
recipient, you are hereby notified thatyou have received this documentin error and thatmy review, dissaminstion, copying, or the taking ofmy action based on the
contentsofthisinformation isstrictly prohibited This message Is mnf , intended only for the named recipients) and may contain inf annation thatis
privileged, att.:Frey worts product or exempt from dk clettlre under appik eble law, If yea are not the *trended recipients), you ere notified that any
disclosure, copying, distribution or any station tak en or omitted to be tok en is reliance an the contents 4 this informations prohibk ed and may be
unlawful. If you receive Mir message hi efftf, or are not the named recipientfs), please notify thr sender, delfts this e-mail from your computer, and
destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-ctient, work product, or
other applicable prtvilege.
scope of representation
F-orn: Zilch Coughlin (zschcoughlintiPhotmail.com)
Sant; Fri12/30111 10:36 PM
To; puerteslewCpaol.com
Dear Mr. Fuentes,
Please move for acontinuance immediately in thismatter, set for trial on January 10th, 2011. You
assured me in person at our meeting at your office that you would be able toget one, and I definitely
want and need one, and RMCR indicatesthere are certain deadlinesfor moving for one, which I have
already asked you todoin writing.
I am upset that you slammed down the telephone ended our telephone conversation abruptly when we
spoke yesterday, immediately after I asked you toprovide something in writing outlining the scope of
your representation ofme. I wish for you toprepare and file (after receiving expressprior written
authorization from me upon review ofyour drafts) the Motion toSupressand Motionsin Lim ine I
previously request that you file, in addition tosubpoening Dr. Merliss, Richard Hill, both RPD Officers
at the scene ofthe trespassing arrest, and asubpoenaducestecume tothe Law Office ofRichard Hill,
the RPD, and Dr. Merlissdemanding any and all documentation and or mediaat all connected with this
matter in any way. Further you indicated that you had not even attempted toview the discovery
produced by the RenoCity Attorney, nor did you have any interest in seeing anything I might have to
show you. That wasenormously upsetting tome, asany sentient human being might reasonably be
expected toanticipate. Please note my new address. Please file aconflict motion seeking tomake the
RenoCity Atty =use itselfin light ofthe conflictsofinterest incident tothe variousarrestsand torts
against me committed by the RPD and RenoCity Attorney.
Sincerely,
Zach Coughlan, Esq.
1422 E. 9th St.
Rena, NV 89501
tel: 775 338 8118
fax: 949 667 7402
iachCoughlin@hotmail.com
NevadaB or No: 94 73
Notice." Ibisin clumpand accanpanying documents as covered by the electronic Communications Privacy Art, 18 U.S.C. 2510-2521. and may contain
confidential infonnation intended for the specified individual (a) only. Ifyou are not the intended recipientor en agentresponsible for delivering ittothe intended
recipient, you are hereby notified thatyou have received this document in error and thatmy review, distemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that Is
privileged, attorney work product or exempt from disclosure under applicable law. Jf you are netthe Intended recipientft), you are notified that any
disclosure, copying, distribution or any action talon or omitted to be tok en in reliance on the contents of this information is prohibited end may be
unlawful. ff you receive this message in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and
destroy any copies in any form immediately. Receipt by anyone other than the named recipients) is net a wailer of any aCtornoy-client, work product, or
other applicable privilege.
new address for me
littp://by148w. bay148, mail. live.com/mail/PrintMessages.aspx?cpids=cc595d46-b 764-406-... 2/2/2012
00806
00806
Z-13-14 t1J ipm p. 31 or J] lc: tis 9ssr-Jute-ocio-ssae-ociena trefoil zaeneougtu
Hotmail Print Message Page 22 of26
From: Zech Coughlin (zachooughlingihotrpail,com)
Sent: Sat 12/31/11 1:32 A M
To: puentesow0aol.corn
Zach Coughlin, Esq.
1422 E. 9tH St #2
RENO, NV 89512
tel: 775 338 8118
fax 949 667 7402
ZachCoughlingliarnail.com
NevadaBar No: 94 73
Noel n hie wonaaaaaid accomparilinadocument-I we cowered by the electronic Comm uuican optEnv LL1 Act, 19 U.S.0 2510-2521,w:idea., contain caordential iniormanm intended foe the
opening d individaal (a) only, IF you an net 6. ',Abided recipmg or rn wentrespooi bla far doLvriaa,s mate innodgchuipiant, YoMfg hereby actin ed thatV.: ham received tUJ &caoect to enx ta d that
any review, eraseosin apes. ccpy.g. athatalcilisofany action knitted on the content, oftare -nforivith on u mod, prohibited This itwasago to corellehretal, Intended only for the nonord re crplver
(s) end may oenealn treformotIon that le pea-elle/44, at re moy work product or exempt fromdiode:tiro under opplicable
,
low, if you on net the intended rerlpiont(e), you are
oe/red that any droolesure, copying, siectellouterri or any a Won a Wean or omiltod tW be token in rebore. on the *entente of Mite treformetion is prohibliod and entry be
unlawful. If you reoelye this mos.9 to error, or are not th nomad reciploot(r), please notify the condor, Mete this venal! fromyour con:tutor, and destroy any copies hr
any formimmediately. Receipt by anyone other then the nornod ciphent(s) is net a weever of cry ettorney-ellent, work preatict, er ether applireble prlyiloge.
Pendency of Criminal Prosecution as Ground for Continuance or Postponement
of Civil Action Involving Facts or Transactions upon which Prosecution Is
PredicatedState CasesPendency of Criminal Prosecution as Ground for
Continuance or Postponement of Civil
From: Inch CoughPre ( zech coug rep hotm e,com)
Sent. Set 12/31/11 8:14 PM
To: puttnteslawRaol.com
2 attachments
jail tme counsel nbcth antenrirr. nt possIbOity misrierneand r.pcif (11 , tifta. nmerdment right civil proceeding Dare lel.pdt (2.6 M9)
Pendency ofCriminal Prosecution asGround for Continuance or Postponement ofCivil
Action Involving Factsor Transactionsupon which Prosecution IsPredicatedState
Cases...37 A.L,R.5th 511 (Originally published in 2008)
;please find that ALR attached, perhapsit speakstothe resgestae and or stay during the pendency ofthe
civil appeal we discussed visavisthe criminal trespasscharge
Zuch Cough lin, Esq.
1422 E. 9th St #2
RENO, NV89512
t a: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotrnail.com
NevadaBar No: 9473
' Not, cm Thisnte MSC and ...comp.:, na&tumult. we covered loy etc electronic Cceneninicaiioar Privacy Art, 12111 S. C 55 2510-2521, rndm ay comes confidential info/ma/ion hundcdfor tlu
epeesfled iad n.tha.i (e) only Ifyou are notthe intended recipientor mimaltreaponeitie tot &Lwowii to tSaintended rear eat, you ere hereby eedned thatyou have received She docunic ntin armor and the
Wry revte.v, ditewnihlth on. copying. or die takinsofany anten hued on the con:ante triton:anon itetrittly pro/abated TM:nye:rap it con)idonttal, Wended only for the norrnd reclpfont
(r) end may center, 61 farmer fan that to prMlegoct, attorney work pro&dr or exemptfromdiselocuro under oppilochlo low. If you ore not the Intended reolpient(r), you are
near/led thot any disclosuro, copying, dirtributi GP or any cetfan teemor omitted to be token he rolionoe on thy ranter., of [Mc information le prohibited and moy bit
unlawful. you reroetire this rnescogo in error, or are not the named reelpient(r), pito" notify the cinder, octet, this email fromyour computer, end destroy any copier In
any krrn frermadletaly. Rooth% be anyone other than the named recfpienttslis net o tentlYer of any Rtt oreeNcilertt. work tOf oduct. or other applicable strhi floor.
http ://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsce595d46-b764.4d56-... 2/2/2012
00807
00807
From: zachcomghlim 2-13-12 2:57pi p. 32 of 35 To; 84599357-307e-4bdb-93ac-6502ba
liotmail Print Message Page 23 of26
Is Roberto Puentes on Youtube.com? also more motivation for you in this case
From: Zach Coughlin (zachcoughliraphotmail.corn)
Sent: Sat 12/31/11 9:19 PM
puenteslaw@a
10 attachments
Legal malpractice in defense of criminal prosecution.pdt (6.7 MB), Public Defender's Immunity fro rn Lta bIlity for Malpractice:1dt (4.0 MB),
process server fraud harass trespass.pdf (3.1 MB), f_Circurnstances giving rise to prejudicial cordIct of interests between criminal defendantpdf
(2.7 MB) , public defender llability.odf (2.2 M8) , conflicts with PUBLIC DEFENDER EMPLOYEES.pch (2.0 MB) Civil liability of attorney for abuse
of process process server trespass f re irdp cif (1925.1 KB), process server souse harass trespass:0dt (1816.6 KS), Trespass state prosecution for
unauthorized entry or occupation, lo r public demonstration purposes, of business, ndustrie I, or utility prernises.pdf (339.0 KB), SU EPCENA '1'0
TESTIFY AT A HEARING OR TRIAL IN A CRIMINALCASE.pdf (281.9 KB)
Hi Mr. Fuentes,
I know you have repeatedly told me you could care lesstowatch any youtube.corn videos, regardlessof
whether they prove my innocence or whatever, however, I thinkyou might need towatch some ofthese:
http:/lwyw,wutvbe.4omiresu Itsi
Search ouerv= nevacia+ court+services&oo.nevada4court+services&aor f&aal=Biaol-Tatos sm=e8ugs up1 =1 81 33081 01 3 556
1
191151019
,
011131111375 0.1.4.11610
It seems Nevada Court Services, which shares en office and a receptionist with the former appointed public defender for this case representing me, Lew
Esq, who departed from RMC Rules by failing to file a Motion to Withcraw when he sought to and failed to disclose the conflict of interest that
he failed to prevent his taking on my case and reviewing ultra personal information, that is directly connected to the subject matter of the litigation
from which the conflict arises as well as the defense of the suit you and he have both appeared as attorney of record in, this trespass case. I don't think
you a re on any of the videos, but there are so many ultra zealous documentary filmmakers these days that I cannot be sure.
Anyways, Lew Tatey as I have indicated to you in writing, is listed as "associated with" Nevada Court Services, on the: r website, with his picture. They
share and office and a receptionist, and perhaps others staff, in the office across front the former Chocolate Bar. PERHAPS MOST :MPORTANTLY OF
ALL AN C) SOMETHING I WANT YOU TO LITIGATE AGGREsSNELY (CLIENT CONTROLS MEANS AND OBJECTIVES OF A LITIGATION, WHET HER
APPOINTED ATTORNEY LIKES IT OR NOT) IS THAT NEVADA COURT SERVICES, INCLUDE :TS PROCESS SERVER JOE. DUR DEN, CAN BE SEEN
TRESPASSING ONTO MY PROPERTY AND OTHERWISE ASSAULTING, HARASSING, AND VEXING ME, BEHIND MY RACK GATE, NO LESS IN THE VIDEOS
FOJND AT THE LINK ABOVE.
PLEASE DISCLOSE ANY CONFLICTS OR PREVIOUS WORKING RELATIONSHIPS YOU HAVE WITH ANY OF THE RENO CITY ATTORNEY, RPD, RENO
MUNICIPAL COURT STAFF, RICHARD HILL, OR ANv OTHER INDIVIDUALS WITH WHOM YOU HAVE HAD PRIOR DEALINGS AND THEREFOR MAY
PRESENT A SITUATION WHERE A CONFLICT OF INTEREST ARISES
Sincerely,
ZachCoughEn, Esc.
1422 E. 9th St 82
RENO, NV 88512
lei: 775 338 8118
fax: 949 667 7402
ZachCoughlingihoLmail.corn
Nevada Bar No: 9473
. Notice'
.
Tali eniteedie and secoeopenymg docuenente ere covered by trie el* amine Comm.:inn.. Plivecy An% la U.S.0 251D-252 I, and re ey conto confidential tore= alien introded for the
specified individual (s) only. If you an notthe intendedrecipientor en agentreeponnble fee delivering itis the is tended recipient, pied sreliereby edified thatyou beer received Shis documentin error ending
say rencw, arson notion. c en yi na arty. caging or ocy take bared. the seamen of this interest:den itnrictly Feohilened /iris TIMM v is confidential', Intended only for the named recipient
(s) end may torneln a, fermetien thee' prtellteeed, attorney want product or exempt fromdisclosure under epplineble few. if you en not the attended rodpifnt(s), you 01e
nattfled that ony dloolmro, copying, dist rtbuti an or any eaten !Ain or omitted t by taken in 'thence on the canton ts el this el format fen is prohibited and may he
unthutul.11 you receive this messes.. 41 wryer, ar are not the nestled toolpient(s), elemse nee* the lender, de fete tide -rads ff fromyour computes, and astray any sepias fa
any farmirrentedfstely. Receipt by anyone other th On She no mid redpfent(s) is not e writer of any etternrteltent, Worn product, es ether applkable priviregr.
Zach Coughlin has shared a folder with you.
. ..
From: Zach Coughlin (zachcoughlin@hotmall.com)
Thu 1/05/12 8:22 AM
http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=cc595d46-b764-4d56-... 2/2/2012
00808
00808
To: 84599357-307e-4bdb-93ac-65c32ba From: zachcoughlin 2-13-12 2:57pm p. 33 of 35
Notmail Print Message
Page 24 of 26
To: pu entesiew@ao !corn
Dear Mr. Fuentes, Please let rne know, in writing
, the status of the Motion For Continuance you indicated you would both file and which you felt sure
would be obtained, either through written stipulation with opposing counsel of by Order of the R.MC
Zach has 14 files to share with you on SkyDriVe. To view them, click the rinks below.
111 zach's arrest 001.avi
zach's arrest 002.avi
zach's arrest 003.avi
zach's arrest 004.avi
ZaCh's arrest 005.avi
a zach's arrest 006.avi
zach's arrest 002.avi
zach's arrest 008.avi
zach's arrest 009,av1
zach's arrest 010..avi
zach's arrest 011.avi
t zach's arrest 012.avi
Zilch's arrest 013.avi
zach's arrest 014,avi
Download all
Share your files with 4Skypriva
video of trespass arrest
From: Zich Coughlin (zachcoughilnahotinall.com)
Sent: Thu 1/05/12 8:43 AM
To: ptianteslave@ao .corn
1 attachment
zach's arrest 009 fly (10.4 MB)
httos://sicvdrivelive.com/reclir.aswacidm--43084538132f5f2884,resid.4.3084638F32F5F28
,
10508giarid=43084638F32E5F28!117&authkev=tACPU/Sci94tecY
Dear Mr. Puentes,
Please provide an indication, in writing, as to the status of the continuance of the upcoming trespass Val, which you indicated would be obtained.
Sincerely,
Zach Cough' n, Esq.
1422 E. 9th St 't2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlinghotznaitc om
Nevada Bar No: 9473
http://lay148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidscc595d46-b764-4d56-... 2/2/2012
00809
00809

Tel 84599357-307e-4bdb-93ac-6502ba
ilottnail Print Message
From: zachcoughlia 2-13-12 2:57pm p. 34 of 35
Page 25 of 26
nalles.ge end Accompanying documents are covered by the rleetrorie Corranai est one Amity Act,15 U.S.C. 4 2510.2521,and raw ,tonten conf.dentie inform:Ana intended to the
Iceeifitt inb alai 00 on*. if you ea tot the iziende4renpient or sr year reepone Flafade Lenin{ it to the intended incipient,yos,ore hereby nonS ed that you here received this damn act in error end rhs
any review,dies eminence,,c.pying,or the taints' of any &aim bared en the comma et chi. ,nf omen eei is mictly prohibtten re, metre go to conftdential, intended only for the yarned rectplian
Wand may bentetn tiforma0orr gime' Is prtrIlestrd, et toraty woo* product or ex "Rot fromdisaaeure under applicably law.")
.
you err not the intended re cipient (s), you ere
notified Mae any etteelemee, merino, distrilmtiat err any setion token or *Witte" to ic !Ikon in oelionoe an the content, of thee Information I, prohibited and may be
unlawful, If yen, revel
,
. this menses
,
* it rrer, et ore not the named reelpfent(e), Flees, north. the render, dirt, title email fromyour computr, end daatray any copier to
any /armimmediately Receipt by anyone .........
then the nomad re dptent(s) te not Yrolver of say ore ern Far-erreet, Year* pradJet, or ether *pollee Ale privilege.
another video of the arrest which lacks anyone telling Coughlin to leave or
seeking to issue a citation in lieu of custodial arrest
From: Zech Coughlin (yachrntightineThotrnalt.com)
Sent: Thu 1/05/12 3:26 PM
To: puenteslawa e o Lc 0 m
I attachment
zach's arrest 011.11v (16.2 M8)
Zach Ccughlin, Esq.
1422 E. 9th St. *2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCaughlinqh0tmail.com
Nevada Bar Na: 9473
2i.dea 'ihir inverse and accompanying dmu meal Ire covered by toe ale deal. Communiesii oss Privacy Act,18 II.SC 442510.2521,and raw conii confidential information intended for the
specified 10 divi .n/y. If you are not the intiesdad reciter/a or im agent rupee: b1e fa de !instills III. the intends d recipi rsS yonere hOreby o raifl ed th at you hr. received thie document inerror and th
eny review,dasenieidi a!,c Pt 1St inking of any riai onbased onthe centaurs of this inf amenonit itricdy prohibited This MIMI" h cenfidoncfat. Intended only for the rimmed clpitrit
(I) and may contain el formation that is oriel: toed, steamer went precede, or exempt Itemdistorter, under oppOosblf tow, if you ore not en fntended
,
nef,elent
you
e re
mantled Mot any ensidesure, capyrni, distribu V1 On or soy action token or omitted to be taken M relience on the content, of this On ferrnedan
1,
prahibited
and may be
unlawful. if you receive this mossor , or er not eh nerved rodplentN, p4rav ratify the pla dal, deleted'', ....elf fromyour oemouter, and destroy any copies in
any formimmethe !dr. locelp4by anyone other then the named mdcityra I
,
note .
..fr.' of soy stis'Y'cl'so,....,* product, or thC
r
spoiler Ur priviles.
ARRESTED FOR JAYWALKING BY RENO PD
From: Tech Coughlin (ZeiCheOUghllntrihotrnall,corr,)
Sent: Fri 1/13/12 7:49 AM
To: pateeastmanOgre a 1.corri; tcough;lrmaPhottriall.corn; mat berkba rkOyahoo.com; carcoug hater Pg rnakcom: melissalul(oeePgrnall.corn;
tjh Jae/peso
-
laical Lepel; geotgilesahotrnail.com; teddy)emes25Q gmail.com; jgoodn1ghtPwashoecounty.us; puenteslawt1paol.com
1 attachment
SUPPLEMENTAL REP,.Y TO OPPOSITION CV08-01709 1 13 12.901 (162.9 KB)
NevadaCourtsServicesCEO JeffChandler drove by the scene while I wasin the patrol car. I am suing
NevadaCourt Servicesincident totheir trespassing intomy backyard and banging on windowsand
ringing doorbellsin teamsfor 40 minutesat aclip three timesaday on Richard Hillsbehalf, Mr.
Puentes, asmy court appointed defender in the trespassaction against me (arrested at Richard Hill's
behest by an RPD Officer would said Hill payshim money) you recently informed me you have tiesto
NevadaCourt Servicesand Lew Taitel, the court appointed defender whom mysteriously wasable to
withdraw from my representation prior toyour involvement despite not filing amotion in compliance
with RenoMunicipal Court Rules, nor any Order granting such awithdrawal being filed. Can you
clarify your, in your words"extremely close relationship with Lew Taitel" and your "business
relationship" with NevadaCourt Services?
Sincerely
http://by148w.bay148.rnail.live.comirnail/PrintMessages.aspx?cpids=cc595d46-b764-4d56-,.. 2/2/2012
00810
00810
- + -,. ---
To: B4599351-397e-4bdb-93ac-b5c32ba
*1*-
.....,,..
From' zachcoughlia 2-13-12 2:57pm p. 35 of 35
..Lotmail Print Message Page 26 of 26
Zech Coughlin, Esq.
1422 E. 9th St *2
RENO, NV 895L2
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlist@hotmail.com
Nevada B ar No: 94
1
3
Nab." Di. musagt old sccarapatsing &CYrsius In mend by In de 8roaic Ceptsounicatiois Inveti Act, 18 U. SC. If 2510-2321. end m ey coma. coarttloatia1 taro= tiod inmentled for Ow
to net fled iatlivittal (o) only. If you re not 81. intottivt red pow or an ostro rotponi.1.tar dolirmiss it tollttiosendodricipint,
you
weft...1
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&a Wong of my Mice booed She .00mosto sf ttoc ixof ontiotion Is orinly prolaWmad TMo rernadr b aoroj l dontral, Intandoef only le ha murrd ftelpient
01.nd rimy semen Onferrnotian thrt Is prislierd, it to "cry rem* predict .
,
INVIIPt fromdiselosure undo! app./fable leer. if you fro net the *,tended rociplent Oa
not tfiid MO any Mocirmaro, orgtylerg, drortimution or ony anion token sr omitted Is Mt token t, nolionee en NI, confrAts of this Inoisnortion is prohibited memo. Sr
unlawful. if you twelve this messmo A sm., or aro not deo mimed rticiplent(s). piton. notify M. sander, Melo this orrooff fromyour computer* end dosuoy any cult. In
my formtrrortothott/y. Rece00 by down,. other than the nomod re Optsre (s} Is not r wi f o or any .1{0M.,Mont.
work predict, or th N oPPliceble P
,
Mbegt.
http://by148w.bay142.mail.live.c
oinimail/PrintMess ages.aspx ?cpids=cc595d46-b764-4d56-...2/2/2012
00811
00811
To 81592357-307e-4136-93ac-65c32ba From: zachcouchlin 2- 16- 12 8:16as p. 1 of 35
4. :
7.01Z FE; 1F 1l 9: 53
1 Document Code:
Zach Coughlin,Esq.
2
Nevada Bar No: 9473
3
1422 E. 9th St, #2
tel: 775 229 6737
4 fax: 949 667 7402
Reno, NV 89512
5
Co-counsel for Defendant Coughlin
6
7
IN THE JUSTICE COURT OF RENO TOWNSHIP
IN AND FOR THE COUNTY OF WASHOE, STATE OF NEVADA
a
9
STATE OF NEVADA;
)
10
)
Plaintiff, ) Case No:11 CR 26405
1/
)
12
vs. ) Dept No: Judge Gardner
)
1 3
ZACHARY COUGHLIN; )
)
Defendant.
)
15
)
16
Notice of Appeal. Motion tq Vacate art s1 orjetAside,JCRCP 5Q. JCRCP 6Q. Motion for
Reconsideration: Motion for Recusal: Motion For Publication Of Transcript at Public Expense.
Petition for In Forma Pauperis Status
POINTS AND AUTHORITIES
19
20
21
FACTS
22
Bobby Puentes threw me under the bus, rather than reveal the fact that he had a conflict. He whined
23 about how the case was "hard" rather than do some lawyering. The man doesn't know how to bum a
24
cd. He attempted to shift the job of burning a cd for discovery onto me, yet he is the one taking home
25
the money to do the job. Jill Drake talked in court about how Puentes is beloved by all throughout
26
the RJC, especially the prosecutors for the Reno City Attorney, as he is just a teddy bear to
- 1 -
Notice of Appeal. Motion t9 Vacate and or Set Aside. JCRCP 59. JCRCP 60. Motion for
Reconsideration; Motion for Recusal; Motion For Publication Of Transcript at Public Expense,
PsillionifILIn121:1111LPaupdpati011is as a true and correct oosy of the or
=
the records of the Reno Munldpel Court, Reno, %rhos
cl
N ,
m
anodr d
a

Clerk of the Coute tb. oustcden of So
BY Deputy Clerk of the Court
%my- ISO S
i;
t
i
l
i%Cos. I..
melte this sedirallts,
O.
17
16
27
28
00812
00812
84599357-307e-4bdb-93ac-65c32ba From: zachcoughlin 2-16-12 8:10am p. 2 of 35
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prosecutorslike Drake (whoreminded the undersigned that she wasthe #1 player on the RenoHigh
GirlsTennisTeam in high school after the Hearing on February 2, 2012)...Being ateddy bear isfine,
I guess, but not exactly the first thing I lookfor in defense counsel. Moral of the story, don't throw
client under the businstead of disclosing impermissible conflict that your conflict checksshould have
revealed prior toentering the sanctity of the attorney client relationship, something that should be
sacred, not just something Puentesenterestoget apaycheckand dumpsonce it becomes
inconvenient,
Defendant/Appellant, Zach Coughlin, hereby filesthisNotice of Appeal, Motion toVacate and
or Set Aside, JCRCP 59, JCRCP 60, Motion for Reconsideration; Motion for Recusal; Motion For
Publication Of Transcript at Public Expense, Petition for In FormaPauperisStatus.
Further noone hasexplained Taitelsmysteriousability toWithdraw asCounsel without
complying with R_MC Rule 5 or explaining why he withdrew, Not sure there isan Order allowing
Taitel'swithdraw. PuentesMotion toWithdraargued:
"The instant matter wasset for trial on January 10, 2012, However, adefense
motion tocontinue wasfiled on January 3,2012, not opposed, and granted. A new
trial date ispending. Under Supreme Court Rule 46, the attorney in an action may
be changed at any time before judgment upon the consent of the attorney,
approved by the client, or upon order of the court or judge thereof on the
application of the attorney or client. SCR 46. Further, under NRPC 1, 16(b). a
lawyer may withdraw from representing aclient if the same can be accomplished
without material adverse effect on the interestsof the client; aclient insistsupon
taking action the lawyer considersrepugnant, or with which the lawyer has
fundamental disagreement; the representation hasbeen rendered unreasonably
difficult by the client; or other good cause for withdrawal exists. See NRPC 1,
16(b)(1), (4), (6), (7). The undersigned regretfully makesthismotion ascontinued
representation of the defendant in thismatter hasbeen rendered unreasonably
difficult and the defendant will be better served by having an alternative legal
defender appointed torepresent him."
Actually Puentesdoesnot state with sufficient particularity why or how hiswithdraw "can
be accomplished without material adverse effect on the interestsof the client". Indeed, having his
- 2
Notice of Appeal. Motion to Vacate and or Set Aside. .ICRCP 59..TCRCP 60. Motio for
Reconsideration; Motion for Recusal: Motion For Publication Of Transcript at Public Expense,
Petition for In Forma Pauperis Status
00813
00813
To: 84599357-307e-4bdb-93ac-65c32ba From: zachcoughlin 2-16-12 8:10am p. 3 of 35
1 private and confidential case file passed around like ahot potatoby RMC "former prosecutor"
2
defendersisnot in client'sbest interest. Puentesisrequired todetail just how "the representation
3
hasbeen rendered unreasonably difficult by the client" and thisrule issubject toagood faith
4
requirement. That is, lawyerscan't invoke it toget out of difficult or complex casesor toinsure
5
6
they only receive easy cases. Can somebody explain tome why DickHill going on vacation isa
7 sufficient justification for continuing acriminal trial, but my being evicted and wrongfully arrested
(due toDickHill'salleged bribery of the RPD and the RPD'swrongfull arrest of me, etc., and Dick
9
Hill'sapplying awrongful and outlawed rent distraint upon both my client'sfilesand exculpatory
10
evidence in 11 CR 22176) doesnot present avalid basisfor acontinuance? And I told Taitle I
11
12
wanted an opposition filed tothe motion for continuance, yet it wasnot. See attached Exhibit 1 for
13
support for the contention that Puenteswithdraw here isinappropriate ashasbeen most of his
14
actionsin thismatter.
15
16
POINTS AND ,UTHORITIES
ANALYSIS
18
INCORPORATE BY REFERENCE ALL LAW AND ASSERTIONS IN ATTACHED
19
PAPERS AND PLEADINGS AND WRITINGS IN EXHIBIT 1:
Reconsideration WDCR 12(9), DCR 13...
20 RULE 59. NEW TRIALS; AMENDMENT OF JUDGMENTS
(a) Grounds. A new trial may be granted toall or any ofthe partiesand on all or part ofthe issuesfor any ofthe
21 following causesor groundsmaterially affecting the substantial rightsofan aggrieved party: (1) Irregularity in the
proceedingsofthe court, jury, master, or adverse party, or any order ofthe court, or master, or abuse ofdiscretion by
22 which either party wasprevented from having afair trial; (2) Misconduct ofthe jury or prevailing party; (3) Accident or
surprise which ordinary pradence could not have guarded against; (4) Newly discovered evidence material for the party
23 making the motion which the party could not, with reasonable diligence, have discovered and produced at the trial; (5)
Manifest disregard by the jury ofthe instructionsofthe court; (6) Excessive damagesappearing tohave been given under
24 the influence ofpassion or prejudice; or, (7) Error in law oecuning at the trial and objected toby the party making the
motion. On amotion for anew trial in an action tried without ajury, the court may open the judgment ifone hasbeen
25 entered, take additional testimony, amend findingsoffact and conclusionsoflaw or make new findingsand conclusions,
and direct the entry ofanew judgment.
26
(b) Time for Motion. A motion for anew tr.al shall be filed nolater than 10 daysatter service ofwritten notice ofthe
27
entry ofthe :udgrn ent.
28
- 3 -
Notice of Appeal, Motion to Vacate and or Set Aside..ICRCP 59. JCRCP GO. Motion for
Reconsideration; Motion for Recusal; Motion For Publication Of Transcript at Public Expense,
Petition for In Fouria Fauperis Status
00814
00814
To: 84599357-307e-4bdb-93ac-65c32ba From: zachcoughlin 2-16-12 8:10am p. 4 of 35
a
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(c) Time for Serving Affidavits. When amotion for new trial isbased upon affidavitsthey shall be filed with the motion.
The opposing party has10 daysafter service within which tofile opposing affidavits, which period may be extended for
2
an additional period not exceeding 20 dayseither by the court for good cause shown or by the partiesby written
stipulation.. The court may permit reply affidavits.
3
(d) On Court'sInitiative; Notice; Specifying Grounds, Nolater than 10 daysafter entry ofjudgment the court, on its
own, may order anew trial for any reason that would justify granting one on aparty'smotion. After giving the parties
4
notice and an opportunity tobe heard, the court may grant atimely motion for anew trial for areason not stated in the
motion. When granting anew trial on itsown initiative or for areason not stated in amotion, the court shall specify the
5
groundsin itsorder.
6
(e) Motion toAlter or Amend aJudgment. A motion toalter or amend the judgment shall be filed nolater than l0 days
after service ofwritten notice ofentry ofthe judgment.
The Order allowing Puenteswithdrwasfitsunder " :rregularity in the proceedingsofthe court, jury, master, or
adverse party, or any order ofthe court, or master, or abuse ofdiscretion by which either party wasprevented from having
afair trial" asPuenteswasat least ommitting key information tothe court, ifnot misleading it astohisrationale for
withdrawing. PlusJudge GardnedsOrder, respectfully contains"Error in law occurring at the trial and objected toby the
party making the motion. On amotion for anew trial in an action tried without ajury, the court may open the judgment if
one hasbeen entered, take additional testimony, amend findingsoffact and conclusionsoflaw or make new findingsand
conclusions, and direct the entry ofanew judgment." The law simply doesnot allow for such an unsupported by factsor
specificsMotion toWithdraw tobe granted.
RULE 60. RELIEF FROM JUDGMENT OR ORDER
(a) Clerical Mistakes. Clerical mistakesin judgments, ordersor other partsofthe record and errorstherein arising from
oversight or omission m ay be corrected by the court at any time ofitsown initiative or on the motion ofany party and
after such notice, ifany, asthe court orders. During the pendency ofan appeal, such mistakesmay be socorrected before
the appeal isdocketed in the appellate court, and thereafter while the appeal ispending may be socorrected with leave of
the appellate court.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, Etc. On motion and upon such
termsasare just, the court may relieve aparty or party'slegal representative from afinal judgment, order, or proceeding
for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect', (2) newly discovered evidence which
by due diligence could not have been discovered in time tomove for anew trial under Rule 59(b); (3) fraud (whether
heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct ofan adverse party; (4) the
judgment isvoid; or, (5) the judgment hasbeen satisfied, released, or discharged, or aprior judgment upon which it is
based hasbeen reversed or otherwise vacated, or it isnolonger equitable that an injunction should have prospective
application. The motion shall be made within areasonable time, and for reasons(1), (2), and (3) not more than 6 months
after the proceeding wastaken or the date that written notice ofentry ofthe judgment or order wasserved. A motion
under thissubdivision (b) doesnot affect the finality ofajudgment or suspend itsoperation. Thisrule doesnot limit the
power ofacourt toentertain an independent action torelieve aparty from ajudgment, order, or proceeding, or toset
aside ajudgment for fraud upon the court. Writsofcoram nobis, coram vobis, aud.itaquerela, and billsofreview and bills
in the nature ofabill ofreview, are abolished, and the procedure for obtaining any relieffrom ajudgment shall be by
motion asprescribed in these rulesor by an independent action.
Tne Order or .i'udvnent isvoid asit extendstomattersfor which the Court cannot rule, ie, an Order allowing
withdraw where not good faith basisfor requesting awithdrawal exists.
4 -
Notice of Appeal. Motion to Vacate and or Set Aside, JCRCP 59. JCRCP 60, Motion for
Reconsideration; Motion for Reeusalt Motion For Publication Of Transcript at Public Expense.
Petition for Iii Forma Pauper's Status
00815
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To84599351-301e-1belb-93ac-65c32ba Frog: zachraeglslta 2-16-12 8110an p, 5 of35
prosecutorial misconduct (such asthe D.A. withholding 'exculpatory" evidence that could've helped your defense)
2
judicial errors(such asthe judge permitting evidence that should've been excluded or vice versa)
3
4 erroneousapplication ofalaw or regulation improper jury instructions
5
ineffective assistance ofcounsel or other malpractice the evidence did not prove your guilt beyond a reasonable doubt
6
7 FAILURE TO AFFORD SIXTH AMENDMENT RIGHT TO COUNSEL OR GRANT DEMAND FOR JURY TRIAL;
another DEMAND FOR JURY TRIAL HEREBY MADE IN EVENT OF NEW TRIAL, SIMILARLY REQUEST FOR
8 IN FORMA PAUPERIS STATUS HEREBY MADE AND SUPPORTED BY ATTACHED IFP PETITION
9
14
CONCLUSION
11
Defendant/Appelant Coughlin hereby respectfully requests all Orders, Convictions,
Judgments, Contempt Findings, whatever, stemming from February 2nd ,2012 Hearing on Fuentes
Motion to Withdraw be Vacated or Set Aside or Reconsidered and are hereby appeal with an IFF
request to waive the filing fee for the notice of appeal or allow arelation back for the filing date upon
any denial of the fee waiver. Further, a copy of the audio of the 2/2/12 Hearing is hereby requested..
AFFIRMATION Pursuant to NRS 239111130
The undersigned does hereby affirm that the preceding document does not contain
the social security number of any person.
DATED this 13th Day of February, 2011
/s/ Zee oughlin
Zech Coughlin
Defendant
5 -
Notice or Appeal. Motion to Vacate and or Set Aside. JCRCP 59. .1CRCP 60, Motion for
Reconsideration: Motion for Recusat Motion For,Pubbication Of Transcript at Public Expense,
PetIllonforin Forma Pauperis Status
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00816
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To: 84599357-307e-4bdb-93ar-65c32ba From zachoughlin 2-15-1Z 8110am p. 6 of 35
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DECLARATION OF ZACH COUGLIN IN SUPPORT OF THE FOREGOING DOCUMENT
1. This Declaration is made pursuant to the provisions of NRS 53.045, I am presently in the State of
Nevada and I declare under penalty of perjury that the foregoing is true and correct.
2. Declarant is the Plaintiff in the above title action.
3. Declarant avers that the factual statements set for above in the foregoing document are, to the
best of his knowledge and understanding, accurate.
4. I, Zach Coughlin, am available to testify, if necessary, as to these matters. I declare under penalty
of perjury that the foregoing is true and correct.
Executed on February 13th, 2012
/s/ Zach Coughlin
Zach Coughlin
PLAINTIFF
- 6 -
Notice of Appeal. Motion to Vacate and or Set Aside.. JCRCP 59. JCRCP 60. Motion for
Reconsideration; Motion for Recusal: Motion For Publication Of Transcript at Public Expense
Petition for In Forma Pauperis Status
00817
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BY:
To: 84599357-307e-4bdb-93ac-65c32ba Front zacbcoegblin 2-16-12 8:10am p. 7 of35
1 PRQQF OF SERVICE
2
I, Zach Coughlin, declare:
3
4 On February 13th, 2012, I, Mr. Zach Coughlin served the foregoing Notice of Appeal,
Motion toVacate and or Set Aside. JCRCP 19.ICRCP 60. Motion for Reconsideration: Motion for
Recusal by emailing and faxing and or placing in the mail atrue copy thereof to:
6
Jill Drake
7 Company: RenoCity Attorney'sOffice - Criminal Divison Address: P.O. Box 1900 Reno, NV
89505 Phone Number: 775-334-2050 Fax number: 775-334-2420
8
Drake.T@reno.gov
9
1.0 DATED THIS 13th day of February
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Zach Coughlin
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Defendant
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- 7 -
Notice of Appeal. Motion toVacate
and or Set Aside, JCRCP 59, JCRCP 60. Motion for
Reconsideration: Motion for Recusal; Motipn For Publication Of Transcript at Public Expense.
Petition for In Forma Pauperis Status
00818
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7o; 84599357-307e-4bdb-93ac-65c32ba From: zachcougblin 2-16-12 Ragam p. 6 of 35
1 Index to Exhibits
2
I. Exhibit 1: Twenty-six (26) page collection of attorney client correspondence between Coughlin
and Puentes in support of the undersigned contnetions herein.
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Notice
of Appeal. Motion to Vacate and or Set Aside. JCRCP 59. JCRCP 60,Motion for
Reconsideration; Motion for Recusal; Motion For Publication Of Transcript at Public Expense.
Pttition for In Forma Pauperis Status
00819
00819
To 84599357-307e-adb-93ac-65c32ba From: zachcoughlln 2-16-12 8:1eam p. 9 of 35
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EXHIBIT 1
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0 EXHIBIT 1
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- 9 -
Notice of Appeal. Motion to Vacate and or Set Mille. JCRCP 59. JCRCP 60. Motion for
Reconsideration: Motion for Rtcusal; Mallon For Publication Of Transcript at Public Expense.
petition for In Forma Pauperis Statuj
00820
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To: 84599357-307e-4bdb-93ac-65c3211a Fram: 7achcoalghlIn 2-16-1Z 8:10am p. 10 cf 35
Hotmail Print Message Page 1 of 26
continuance and my files
From:Zech Coughlin (rachroughtlnephotmail.com)
Sent: Frl 12/09/11 1:11 AM
To: puenteslawaisolcom
Dear Mr. Puentes,
I Would like for you to subpoena both Officers presentatthe arrestof November 13, 201.110 testify atthe trial. Iwould like for you to suopoena (by
subpoena duces tecum Isuppose) all recordings, dispatch reports, written documentation, reports in any way connected to, or other materials, whether
admissible or not,in any way connected to the arrest of November 13,2011 or the charges againstwh
i
ch Iam defending in conjunction with your
representation. I wish for you to email me these materials to the extentpossible, and where thatis not possible,please mail them to me at my address
of record atton:ate/ma and found beowatthe end of this letter. Email is better for me then fox, as itis free whereas Ihave to pay for faxes by the
page, whether local or not. Iprefer email too over having to take time out of whatis an extremely busy and trying schedule of mine currently.
ROD Officer Carter made a statementatthe scene of the arrestthatMr. Richard Hill paid him a lotof money and therefore he does whatMr. Hill says to
do and arrestwho Mr. Hill says to arrest. This has been reported to several RAO Officers, including SargentTarter, who responded by retaliating against
me with several traffic citations and made incorrectassertions aboutwhether one would be turning into oncoming one way traffic to getto Mr. Hills
652 Forest St. address from the intersection of Forestand St Laurence in justifying his retaliatory citation (for which he apperersly called in another
officer to write out,curiously). I DO NOT WANT YOU TO DISCLISSNY CASE WITH ANYONE OUTSIDE OF MY PRESENCE INCLUDING VERBAL
AND OR WRITTEN COMMUNICATIONS. THIS INCLUDES ANY COMMIJNIQUONS. VERBALOR WRITTEN WITH THE RENO MUNICIPAL
COURT AND ANYONE IN ANY WAY CONNECTED WITH THE BENO POLICE DEPART KENT OR RENO CITY ATTORNEY'S OFFICE. AS WELLAS
LEW TAITEL
Please email or fax me a complete copy of my file, including all pleadings,oarreepondsnoes,and any other documentation or machete all connected with my came.
Please fuetherdircloss any conflicts of interest you might have in representing me. I did not agree to s ssn'imOusss.
and
I believe it is
my rightas a ei
kin in eenim I
the Moans and objectives of the litigation and or defense,and that,eo ern, don not include waving my right tocontact any motion for a tout LOOM= or making things
nice and any for Richard G. Hill, Esq. Further, I would like to know Wn o agreed to the cantinuence and why it is Mr. Taitel is no longer attorney of record ( nothing
ogeind you, plane believe that).
Further, if Mn Tenetit no longer attorney of record in this matter. phase sr:tele:to why, n detail, in writing. If he hoe withdrawn,and if you did an Need on come
conflict of interest, how it it the that conflict of titterer did not preclude him from "parent ly rsgesing to a continuielCS or failing to file as opposition or alerting me
to the situation at all? Please note my new address and contact information below. Adddlottally,please indicate,in writing,the extent to Winch you have an
established procedure to check for conflicts prior to taking on cues andprior to obtaining confidential client files and information. Please indicate in writing any
deviation from such a procedure or foiling of your aflioeS practices to prevail such prijOdics to my owe in your taking on my repranntate on. Pleats copy me co any
and all correspondences and or documentation or discovery in my way related to title auger.
Sincerely,
/S/ ZACH COUGHLIN, SIGNED ELECTRONICALLY
Zach Coughlin
1317N. 'Virgil:do St. #2
Reno, NV 89911
tat: 775 310 SIlia
fax: 949 667 7402
continuance and my files
Porn:Zeds Coughlin ftechnoughlind9hotmaiLcom)
Sent: Fri 12/09/11 3:53 AM
To puenteslaw10401c001
1 attachment
12 8 11 lex to Puentes.pdi (63.6 KB)
Mr.Puentes, please find attached my signed written request for you tofile certain motions.I want to
review the final drafts prior toyour filing them and have tried hard todomost ofthe work for you.
Further, you might find the following documentary that someone posted on youtubc.com helpful in
understanding this case:
Pgtsx/Asrmer,youtubocom/usernSteddviamesTreature.watch
Zech Coughlin, Esq.
817 N. Virguua St. #2
Reno, NV 89501
Tel: please only communicate in wTiting
http://by148w.bay148.maillive.corn/mail/PrintMessages.aspx?epidscc595d46-b764-4456-... 2/2/2012
00821
00821

Afkoruar vo
.-,
a4e.
,
41/17
4
.0.
,


To: 84599357-307e-4bdb-93ac-65c32ba From: zachcoughlin

2-16-12 8:10am p, :1 of 35
Hotmail Print Message Page 2 of 26
Fax: 949 667 7402
Dear Mr. Puentes,
I would also like for you to subpoena Dr. Matt Merliss, the owner of the property who was present at the scene of arrest Further, I would like for ycu to
depose both RPD Officers (Carter and the female Officer). I would like a copy of the probable cause sheet and all witness statements and Officer's
Supplemental Declarations as soon as possible, please, in addition to all the other materials set forth In my previous written correspondence to you
I would like a Motion in Umine to be filed to exclude anything discovered upon the RPD Illegal search of the property, including any videos by Richard
Hill or anyone else that the Reno City Attorney seeks to have admitted. want a Motion to Dismiss filed seeking to dismiss this case based upon a
number of arguments, including the fact that any underlying Summary Eviction Order was void for lack of jurisdiction (please see my recent Fling,
attached, in Reno Justice Court case rev2011-001708, in that this was noticed as a No Cause Eviction against a commercial lessee. As such, any
Summary Eviction Order Is void for lack of jurisdiction given the express prohibition in both NRS 40.253 and the Nevada Supreme Court's explanation in
the 'Landlord Tenant Handbook" found on the Supreme Court's website and elsewhere where it is made explicitly clear that landlord's may not use
Summary Eviction Proceedings to evict commercial lessees or tenants where non payment of rent is not alleged or where the Notice of Eviction or
Unlawful detainer is a No Cause notce, as was the case in Rev2011-001708. As such, no trespassing could have occurred.
Beyond that, I am requesting you file a Motion to Dismiss based upon the fact that any lockout occurring on November I. 2011 necessarily occurred
too early and prior to any lawful notice or service of any Summary Eviction Order only signed on October 27'
h
, 2011, especially where no personal
service of such an ordered was alleged or shown. I detailed this in the email pasted below.
Further, a Motion to Dismiss t request you Me due to Casey Baker's November 11, 2011 letter to me wherein he sends me a bill for the full rental value
of the property where the commercial lease was located for the entire month of November 2011., a period after the alleged illegal lockout As such, no
trespass could have occurred because such a bill for rent Is tantamount to rescinding any void eviction order or otherwise indicative of an invitation,
entrapment, or assent to the addressee of such a letter or bill being able to go onto the property, allegedly. In his letter mailed to Coughlin of
November 10, 2011, Casey Baker, Esq wrote In addition to the sums identified by Dr. Merliss in his affidavit, your debt now also includes fees for
storage of your personal possessions left at the property, which accrue daily at the fair rental value of the property. Vour debt further includes actual
costs for inventorying and moving your possessions from the property. See NRS 118A.460. Those sums will be provided to you once they have been
fixed. Enclosed you wit also find a notice of entry of the court's order awarding costs and attorney's fees against you. The court's award of cost in the
amount of $421.75, and attorney's fees in the amount of $1,500.00, has now been reduced to judgment You are responsible for those sums, Further, as
you know, in his Memorandum of Costs and Disbursements filed on October 27,2011, Dr. Merlin actually sought $607.24 in costs and $17,938.75 in
attorney's fees against you. We believe you are responsible for those amounts plus any and all fees and costs that have accrued, and continue to
accrue, since Letter to Zachary Coughlin Ile: Verification of Debt November 10, 2011 Page 2012 that date, in the matters currently pending before the
courts as an item of damages. Dr. Merks win seek recovery of those SUMS, and an future fees and costs incurred, through the appropriate channels..."
As such, Baker and Hill sent Coughlin a bill for the full rent of the property. $900 a month was the rent for the property under the commercial lease.
Baker and Hill wrote telling Coughlin they were continuing to charge him that even after the alleged Illegal lockout of November 1, 201L Further, Baker
and Hill flagrantly wrote to Coughlin in the same letter that the impermissible $1,500 in attorney's fees ordered byludge Sferrazza was not enough to
them, and that they fully intended to continue to pursue recovery of the nearly 520,000 in attorney's fees they sought in their Memorandum of Fees and
Costs of October 27
th
, 2011, despite the res judicata effect of Judge Sferrazza's November 9, 2011 Order granting them 51500 in attorney's fees, and
despite the fact that NRS 69.030 only allows for prevailing party attorney's fees in 'civil actions", while JCRCP 3 specifically provides that there are three
types of matters in Nevad a's Justice Court,and expressly separates 'landlord tenant matters' from "civil actions", and, as such, the prevailing party
attorney's provisions of NRS 69.030 do not apply and there exists no other basis for an attorney's fees award Larder any of the arguments Bake
,
or Hill
put forth, There conduct is tantamount to extortion while leveraging their law licenses and degrees
Further, I would like for you to seek a continuance of the trial in th's matter as this case is going to requ're extensive discovery, settlement negotiations,
and other complex legal work and there is not enough time for that as the schedule is currently set. I am attaching a collection of written materials the
landlord/property owner at 121 River Rock St 89501 (where the trespass arrest occurred sent me), including some letters that inform me they were
charging me the full rent of the property for the entire month of November 2011 (the ii.egal lockout allegedly occurred on November 1, 2011, though
there has been no proof of service or "receipt' pursuant to NRS 4Q and given that the lockout was apparently signed by Judge Sferra2za on October
27th, 2011, that day does not count for service of the Order, the Reno Justice Court is closed on Fridays, non judicial weekend days don't count for the 3
days for service under NRCP4-6, etc. As such, the earliest service by mail could have been affected for the Order for Summary Eviction would have been
November 2, 2011.11 is alleged the lockout occurred prior to that time, and further, no entails were received from Richard Hill's email address,
rhill8urichardhillaw.com at any point between August 17th, 2011 and November 18th, 2011, period. Whether any entails front Hill's
ePrichardhillaw.corn address were "bounced back" to him or whether That address was added In my "blocked sender" list is a matter for Mr, HII to
sludge his way through, but I can attest under penalty of perjury that I did not receive any entails from that rhill@richardhltlaw.com email address
between that time period. 1 can further attest that I made calls and written correspondences to both Hilrs rhilleprichardhiltawcom email and his
associate Casey Raker, Esq.'s email, electroencephalographic addresses that went unresponded to with regard to my numerous requests to be allowed
amass rn rAmrive my nrnnwriv rnmmprrial And ntharwica
http ://by 1 48w, bay148 mail.live.com/rnail/PrintMessages.aspx?cpids=cc595d46-b764-4d56-... 2/2/2012
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To: 84599357-307e-4bdb-93ac-6502ba Frans zachcoughlin 2-15-12 8:1eam p, 12 of 35
Hotmail Print Message Page 3 of 26
These included, but were not limited to, the following:
From: zachcoughlinahotmail corn
Sent: Wed 11/09/11 12:43 PM
To: Casey Baker (cdbeicerdprichardhillaw.com)
Don't [gnore my calls about my possessions. You potentially conducted an Illegal lockout of a law office an inspection outside my presence. The lease
requires my presence. :t also makes your guy responsible for the electric bill, read it carefully. Show your proof of any "receipt` of any lockout order 24
hours prior to your actions. My possessions better be safe and afforded all legal protections and I want updates one whatf is being done with them and
an opportunity to clean or otherwise put the premises in the condition I intended to leave it in prior to the illegal lockout. I want my possessions that
are in the house and all privacy rights respected. There is a motion for stay in district court right now.
Re: Verification of Your Debt? 11/10/11
To Casey Baker
From: zachcoughlin@hotmail.com
(Sent: Thu 11/10/11 12'24 PM
To: Casey Baker (cdbakererichardhillaw.com)
You guys are way over the clays for providing verification under the FDCPA. Can you say t reble damages? I babe not received a single email such as
those you refer to from richard hill. I dont consent to service of anything via email from your shop. I know you want everything to be at warp speed, but
you have to serve me through the mail or some non electronic means. Make sure rich isnt getting "unnsuccessfu: email transmission" messag es....i can
certainly prove i have not received any such emails from Dick. / want my stuff ks important client materials etc. You guys have not returned my
messages about that, its wrong to try to charge me rent when you are ducking ma
From: zachcoughlinehotmail.com Sent: Fri 11/11/11 12:49 AM To: Casey Baker (cdbakerenchardhillaw.com); rhillerichardhiltaw.com
(rhilltferichardhillawcorn) Hi Guys, I have been having some technical difficulties, some smells appear blank or black, Idnd of like your client described in
response to some of my emails. Hey,ever heard of a litigation hold notice? That is what this is please retain and failure messages you recieve in your
own email which might prove that an email you sent me just didn't quite make it. You know just producing a copy of some email you sent me (even
though i have repeatedly told you i dont consent to service electronically in any form and am not a registered efiler like you two legal eagles) is not
going to be good enough when i break out the old litigation ho id notice and anything elesethat might tend to show any 'malls you sent could not
have made it to me..why such a rush, Boys? You are doing your patented and typical bang up milking job on thos headstrong rich client of yours...smell
the flowers a iittle. For instance, you don't want to do an illegal lockout and illegal inspection, particularly where the lease calls for my presence at any
inspection and then if you did not make sure the 'receipt' requirement was met for any lockout order then went ahead and violated someone's
http://by148w. bay148.m ail. li ve. c orn/mail/PrintMessages. aspx?cp idscc595d46-b 764-4d56-... 2/2/2012
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To; 84599357-307e-06-93ac-6502ba Flom: zachccoghlia 2-18-12 8:10am p. 13 of 35
Hotmail Print Message Page 4 of 26
constitutional rights to boot. Plus you are way late on the f0CPA stuff,andt he prevailing party atty fee statute is for rich actons,which jc rc p 3 separates
justice court matters into 3 types,and the civil actions mentioned in seller's prevailing party fee statute is mentioned as different from landord tenant
cases and small claims casee.So where is your good faith basis for mewing for atty fees,much less for 520k worth of them. Why did you ate the
controlled substances manufacture statute to supportyour atty fee motion? Ipulled every eviction yell ever done... RIC has been like swinging the bat
in the on deck circle with 5 donuts on the batfor me, gentlemen. For you, its been the polar opposite. Butwe gettin' called up to the shawl You never
knowwhen you are on tape or film guys And my batspeed is lookin' tremendous Ihave tried again and again to getsome response from you guys
aboutaccesing my importantfiles and keeping my very valuable possesiona safe but have yet to here back Mom you,In the event you have done a
lockout. Mc. Baker said he did some filmmaking or something when he broke in to any attorneys office, Itwas hard to hear through all the cooing.
Anyways, Iaren'tthat smart, butdontcha have to like store my possessions after movin' them somewhere safe, the make a reasonably diligent attempt
to rent the place out to mitigate and damages or lostrent, plus provide me my depositwithin like 10 days or something?! knowmighty Casey likes to
give me lil research projects,but Tam busy fleshing outsome motion work rig htnow, so maybe you geton thatand letme knowwhen and where Ican
getmy things and valuable client filer hopefully you two points of light haven'tdone nuthhin' to 'em. Now,I dour want to come between you and
Casey..3 know he is probably getting it little tired of you keeping most of the profit white he gets dirty doing the gutters. but you guys have a nice RI
batman robin thing going and it would be a shame to see end,so lees just try and make this work."
From the alleged date of the ill egal lockout of November 1,2011 until Casey Baker's November 10,2011 written bill to me for full rent for the month of
November 2011(,e, alter the al,eg ed !.legal lockoutand therefore extinguishing the eviction and creating a newlease or rescinding the eviction order
and,perhaps making extortionate threats to apply an unlawful rentdistraintin contravention of NRS 40.460, and NRS 40.520,etc,)Ireceived two
written correspondences of any sortfrom anyone connected with the landlord MattMerliss (a neurosurgeon graduate of Beverly Hills HS) and the law
office of Richard G. Hill,Esq. (including Hllland F3aker,etc.). These two written correspondences from Casey Baker are attached and pasted below:
subject: Verification of Your Debt
1.1/10/11
Casey Baker
To zachcoug Mine hotmai tcom
From: Cagey Baker (cdoaker richardhillaw.com)
SentThu 11/10/11 11:13 AM
To: zachcoughlinehotmail.com
I. attachment
LT Coughlin (verif of debt)(11-10-11).pdf (146.0 KB)
Mr. Coughlin
Attached please find my letter to you dated November 10, 2011.
Sincerely,
Casey 0,Baker, Esq.
Richard G. Hill,Chartered
657 Forest Street
Reno,Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858
cd ba ken& richardhillaw.com
CONFIDENTIAL: ATTORNEY WORK PRODUCT; ATTORNEY-CLIENT PRIVILEGE
This e-mail may contain legally privileged or confidential information. If you are not the intended recipient,please do not read,copy,use,or disclose
this communication to anyone other than the intended recipient. If you have received this message in error,please notify the sender and delete the
email message from your system. Thankyou.
Circular 230 Notice.
To ensure compliance with requirements imposed by the IRS,we inform you thatany U.S. federal tax advice contained in this communication (including
any attachments) is nut intended or written to be used and cannotbe used, for the purpose of () avoiding penalties under the Internal Revenue Code
or (i) promoting,marketing or recommending to another party any transaction or matter addressed herein.
RE: requestfor 30 days additional to stay in possession disability
1I/04/11
Casey Baker
To zachcoughlinOhotmailcom
From: Casey Baker (cdbakerarichardhilaw.corn)
SentFri 11/04/11 12:36 PM
To. zakhcoughlinehotmail.com
http://by148w,bay148,mail.live.com/mail/PrintMessages.aspx?cpids=cc595d46-b764-4c156-... 2/2/2012
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To; 84599357-307eAbdb-93ar-65c32ba From: zathcoaghlln 2- 16 - 12 8 :10am p. 14 of 35
Hotmail Print Message Page 5 of26
Mr. Cough in:
We have never been served with any paper entitled "Motion to Continue in Possession." If you have proof to the contrary, please provide it.
With respect to you request foe 'another 30 days
-
, please identify the lega and factual basis for your request, including arty spec& c statute you are
purporting to invoke.
Casey Baker
Below for your convenience is a copy of the email I recently sent you as my, Zach Coughlin's, counsel of record, Mr. Puentes:
Zach Coughlin,Esq.
From zachcoughingrhotmailcom
To: puenteslaw@aol.com
Subject: continuance and my fi les
Date: Fri,9 Dec 20110L1135 -0800
Dear Mr. Puentes,
I would like for you to subpoena both Officers present at the arrest of November 13,2011 to testify at the trial I would like for you to subpoena (by
subpoena duces tecum,I suppose) all recordings,dispatch reports,written documentation,reports in anyway connected to,or other materials,whether
admissible or not,in anyway connected to the arrest of November 13,7011. or the charges against which I am defending in conjunction with your
representation. I wish for you to email me these materials to the extent possible,and where that is not possible,please mail them to me at my address
of record at www.nvbar.org,and found below at the end of this letter. Email is better for me than fax,as it is free whereas I have to pay for faxes by the
page,whether local or not. I prefer email too over having to take time out of what is an extremes,busy and trying schedule of mine currently.
RPD Officer Carter made a statement at the scene of the arrest that Mr. Richard Hill paid him a lot of money and therefore he does what Mr. Hill says to
do and arrest who Mr. Hill says to arrest. This has been reported to several RAD Officers,including Sargent Tarter,who responded by retaliating against
me with several traffic citations and made incorrect assertions about whether one would be turning into oncoming one waytraffic to get to Mr. Hills
652 Forest St address from the intersection of Forest and St. Laurence in justifying his retalitatory citation (for which he apparently called in another
officer to write out,curiously). I DO NOT WANT YOU TO DISCUSS MY CASE WITH ANYONE OUTSIDE OF MY PRESENCE,INCLUDING VERBAL AND OR
WRITTEN COMMUNICATIONS. THIS INCLUDES ANY COMMUN/CATIONS,VERBALOR WRITTEN WITH THE RENO MUNICIPALCOURT AND ANYONE IN
ANY WAY CONNECTED WITH THE RENO POLICE DEPARTMENT OR RENO CITY ATTORNEY'S OFFICE AS WELLAS LEVI TATTEL.
Please email or fax me a complete copy of my file,including all pleadings,correspondences,and any carter documentation or media at all connected
with my case. Please further disclose any conflicts of interest you might have in representing me. I did not agree to a continuance, and I believe it is my
right as a client to control the means and objectives of the litigation and or defense,and that,to me,does not include waiving my right to contest any
motion for a continuance or making things nice and easy for Richard G. hill,Esq. Further,I would like to know who agreed to the continuance and why
it is Mr. Taitel is no longer attorney of record (nothing against you, please believe that).
Further,if Mr. Taitel is no longer attorney of record in this matter, please explain why,in detail,in writing. If he has withdrawn,and if you did so based
on some conflict of interest,how is it that that conflict of interest did not preclude him from apparently agreeing to a continuance or failing to file en
opposition or alerting me to the situation at all? Pease note my new address and contact information below. Additionally,please indicate,in writing.
the extent to which you have an established procedure to check for conflicts prior to taking on cases and prior to obtaining confidential client files and
information. Please indicate in wilting any deviation from such a procedure or failing of your office's practices to prevent such prejudice to my case in
your taking on my representation. Please copy me on any and all correspondences and or documentation or discovery In any way related to this matter.
Sincerely,
/S/ 2ACH COUGHLEN,SIGNED ELECTRONICALLY
Zach Coughlin
817 N. Virginia St.*2
Reno, NV 89501
tel: 775 338 8118
fax 9.19 667 7402
http://by148w.bay148.mail.live.comimail/PrintMessages.aspx?cpids=cc595d46-b764-4d56-... 2/2/2012
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To: 84599357-307e-4bdb-53ac-65c32ba From: rachroughlin 2-16-12 8:10am p. 15 of 35
Hotmail Print Message Page 6 of 26
Sincerely,
Zach Coughlin. Esq.
faxed signed letter attached
From: Zach Coughlin (zachcoughlintrphotmail.com)
Sent: Wed 12/14/11 12:35 AM
To: puenteslawnecl.0011
2 attachrneras
12 14 11 taxed letter to Prientes 11 CR 26405 2I.pdf (55.0 KB), Coughlin IFP end Elnenclal Inquiry Application RMC 11222011 11 CR 26405
2.pdt (381.5 KAI
Mr. Fuentes,
Please find my faxed signed letter attached. Also, ifI am supposed tofile an updated Financial Status
Application, please find that attached.
December 13th, 2011
Dear Mr. Puentes,
I-el o, I received a package from you In the mail today. It did not contain a letter from you or any
indication of whether you will subpoena Dr. Merliss to attend the January Tie: date, which fast
approar.ning whether you wit' depose him or Richard ill, etc. Please respond in writing regard the
various written requests and questions I posed to you in my recent written correspondences, inc
.
uding,
but nut limited to, whether you will comply with my requests to file a Motion in Lim ine, Motion to
Dismiss, Depose Dr. Merliss anc Richard Hid, file a Motion to Set Aside the Continuance, for wnich
was never appropriately provided a chance to contest, or served the Original Motion for Continuance.
I want to be copied, in writing, on every single thing related in anyway to this case. RMC Rules
reouire the attorney, such AS you and Lew Taitel to file a Notice of Appearance and to file a Motion to
Withdraw. Please provide a copy of the docket in this case.I do not see where Mr. Taitel ever filed a
Motion to Wthdraw or where an Order Granting such a withdrawal was granted it is my
understanding, though, that an Order Granting a Motion to Crsrniss was likely entered. I want for you
to file a Motion To Set Aside that Order if it was based on Richard Hill citing some lame reason, like he
was going to be Porsche shopping in Florida or otherwise on vacatien for sorre extended stretch or that
Richard 411 was the only person able to testify about whatever it is Richard Hill may ward to testify
about, Dr. Merlins can take time out of raking in milr ions of dollars being a Beverly Hills HS graduate
neurosurgeon. I want him subpoenaed and deposed for the upcoming trial. I want a subpoena duces
tecum served on Richard Hilt for any evidence related to the case, incl Wing any videos, Further, I
want you to make an :nquiry and take appropriate action to discern whetter I was appropriately served
any Notice Setting Hearing documents in this case, ascertaining exactly who (including which Ma rsnai)
may have served me anything, the manner and place in which is was served, whose signature is there,
etc., whether the signature bears a date that is PRIOR in time to the 'Print Date' on the Notice Sating
Hearing, etc.
Further, I want you to subpoena or obtain a copy of (and provide one to me) of the video of the
November 14th 2011 'arra:gnment". the entire video, start to finish (not just my appearance), I wi.l pay
any emerge if I have to, but I believe an IFP was granted that would cover such a charge in this matter,
I do not believe it would be accurate for the Reno municipal Court to state or write, with respect to my
and the November 14,201: arraignment, that 'DEFENDANT APPEARED, WAS EXPLAINED
HIS/HER RIGHTS BY THE JJDGE AND INDICATED THAT HE/SHE UNDERSTOOD THEM
COM PLETELY.,"If the RMC has made tnat assertion in writing I want you to file something in
writing contesting that assertion. I do not believe I have been told that there is any possibility Mat I will
be required to pay you or the RMC any fees in connection wan your representation. I
r
that ;s not the
case, please explain in writing.
Since rely,
Zach Coughlin, Esq
Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
Lel: 775 229-6737
fax: 949 667 7402
ZachCoughlinghotrnail.com
http ://byl4gw. bay148, mail, live. c om/mail/PrintMe ssages. asp x?ep idsce595(146-b764-4d56-... 2/2/2012
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To; 84599357-7.07e-4bdb-93ac-65c32ba 2-16- 12 8:10a% p. 16 of 35 From zachcoughltn
Hotmail Print Message Page 7 of 26
Nevada Bar No: 9473
Notlee

This 'nonage and accompanying documents a-e covered by the electronic Communications Privacy Act, 18 U.S.C. 2510.021, and may contain
confidential inform dion intended for the specified individual (a) only. If you are not the intended recipient or In agent reeponsOole for delivering it in the intended
recipient, you are hereby notified that you have received this document in error and that any review, dieteniinat ion, copying, or the taking deny action hued on the
contents of thie information is etrictly prohibited. This memoir.
,
is confidential, intended only for tler maned recipient:Nand may contain infaffnIlefUlt that is
prieileged, attorney werk product or exempt from die ciesurt under applicable taw. If yea ere not the intended recipient(s), yea are notified that any
disclosure, copylny, distribtaien at any action tak en or omitted to be rotten in rename en the contents of this !Vermeil,* I prohibited and may be
unlawfut.q you receive thh message in ......... , r are not the named recipient(s), Mae. notify the sender, delete this e-mail from year computer, and
destroy any copies in any fern immediately Receipt by anyanr ether than the avard recipient(s) note wail..., of any reterstry-titer, work product, or
ether applicable privile ye.
client controls means and objectives of litigation under Rules of Professional
Conduct
From. Tech Coughlin (zacheoughllnphotrnell.com)
Sent: Wed 12/14/11 12:52 AM
To: puentetlev4Paolcom
Dear Mr. Fuentes,
Please let me know when we can discuss my case, the trial is very Soon. I received a mailing from you, but it did not have a signed letter
from you stating what was in the package. Please email rna or fax me any document production in the future and redact my personally
identifiable information from all documentions coming in or out of your office.
In the mailing I received from you was:
I. WCSO Mugshet Profile booking no
.
1 i19876, one page
2. Criminal Complaint 11-22185, one page, signed by Richard Hill, not Alestamped
3. ARrest Report and Declaration of Probable Cause rpd 1101921 C r650225 , Declarant RPD Officer Carter, no Magistrate signature
(please find out why), one page
4. RPD, 3 pages 1/-22185 Adminstrative Information, etc. (please subpoena and depose both RPD Officer's Lopez and Carter, asking them
whether they verbally identified themselves prior to, according to Hill, kicking the door down, and further questions them concerning the
accuracy of Hill's written statement and whether Officer Carter said to the accused that Richard Hill pays him. Officer Carter, a lot of
money and therefore Carter arrests who Hills says to arrest and deer what Hill says to do. Further, please depose both officers, asking
whether the accused requested they take any action or ask Hill any questions and whether the Officers did so. Please subpoena the RPD for
any recordings, calls, documentation relating to this matter, or RPD Sargent Tarter's alleged retaliation against me and the traffic citations
he called in another RPD officer to write against me on or around November 15th, 2011. Please file a counterclaim alleged 42 USC 1983
violations splint the City of Reno and the RPD, in addition to other appropriate counterclaims_ Please depose Hill to verify his written
account that he actually walked into the Basement, that Merlin himself kicked the door clown, whether the RPD Officers verbally
identified themselves prior to the door being kicked down, whether the accused hesitated at all upon the RPD identifying themselves, etc....
Sincerely.
Zacn Coughl'n, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoug,hlit hotmail..Conl.
Nevada Bar No: 9473
NotioaThis message and accompanying dooiments are covered by the electronic Communication, Privacy Act, 18 U.S.C. 2510-2521, end may contain
http ://by148w. bay148.mail. live.corn/mail/PrintMessages.aspx?cpids=cc595d46-b764-4d56-... 2/2/2012
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Nakahro7444.,V.
To: 84599357-307e-4bdb-93ac-65c32ba From: zachcoughlin 2-1 5-1 2 8:1 0am p, 1 7 a 35
Hotmail Print Message Page 8 of 26
confidential inform etion intended for the specified individual (a) only. Ifyou are notthe intended recipientor en centrespontale for delivering ittothe intended
recipient, you are hereby notified thee you have received thisdocument in prow end SiItasY review. dissemination, copying, or the tsking ofany action based on the
conten toofthisinformation isstrictly prohibited. Mir message is cOnfidential
r
intended only for th named recipient(s) end may contain information that is
privileged, attorney work product or exempt from disclosure under appticable law, if you are not the intended recipient(s), you are netified that any
disclosure, copying, distribution or any action taken or omitted to be token In retinas' on the aentents of this information is prohibited and may be
unlawful. you remit. this samrsage to errs., or are net the named reciptent(s), Orme notify the sender, delete this e-mail Jrem your computer, and
destroy any copies in any form immediately. Receipt by atone ether th Of the named recipients) is net a waiver of any elern.y-ctient, work pro &cc, or
ether applicable privilege.
CORRECTION FW: clientcontrols means and objectives of litigation under Rules
of Professional Conduct
Frnro: Zach Coughlin (rachcoughlinIghotmail.corn)
Sort: Wed 1 2/1 41 1 1 1 :1 9 AM
To:
puentesiew@eotcom
Dear Mr. Puentes,
Please amend the list below toinclude the following:
5. RPD Statement by Richard Hill 11-22185
Further, please note I mistakenly noted in paragraph 4 below, that Hill wasattributed asmaking a
written stament about entering the basement. Please, instead, askthe same questionsofOfficer Carter,
astowhether he "entered the doorway ofthe basement and found..." and what exactly he meansby "He
washesitant tocome out and eventually did so". IE, what exactly does"eventually" mean? Like, one
second, ten minutes? What? Whether Officer Carter ever actually stepped foot in the basement, or
whether by writing that he "entered the doorway" Officer Carter isactually stating that he peeked his
head in or otherwise peered in. Please inquire astowhether the RPD refused tokickthe door down or
whether someone else did, etc. PLEASE ASK OFFICER CARTER WHETHER HIS WRITTEN
STATMENT IS ENTIRELY ACCURATE WHERE IT ATTRIBUTES A QUOTE TO THE
ACCUSED THAT CARTER IS OR WAS "ON RICHARD HILL'S PAYROLL..." and further what
exactly wasallegedly said about "working adeal", Please askCarter and Lopez whether the accused
asked why they didn't just issue acitation and whether one would he arrested for getting their mail after
an eviction and why exactly an incarceration wasnecessary compared toacitation, Please further
inquire astowhether these Officersrefused tomake any arrestsor investigation requested by the
accused and whether Carter indicated that he would never arrest anyone based on anything said by the
person he isarresting at the time such accusations, or counter accusations, are made. Please further
send Merlissand Hill subpoenaducestecum/interrogatories/request for production/ and request for
admission seeking specific, written indication and evidence supporting all contentionsin any ofthe
materialsupon which thisarrest or thiscase isbased, including, but not limited toHill'swritten
statement that "We have observed evidence that he wascoming and going."
Sincerely,
Zach Coughlin
From: vochcough linrg hotm ail.com
TO7puenteslaw@aolcom
Suoiect: ciient controls means and objectives of litigation under Rules of Professional Conduct
Date: Wed, 14 Dec 2011 0075125 -0800
Dea- Mr. Puentes,
Please letme know whetwe can discussmy case, the trial isvery soon. I received amailing from you, butitdid nothave asigned letter
from you stating whatwasin the package. Please email me or fax me any documentproductior. in the fUture and redactmy personally
identifiable information from all documentionscoming in or outofyour office.
In the mailing I received from you warn
http://by148w,bay148,mail. live.com/mail/PrintMessages.aspx?cpids=cc595d46-b764-4d56-... 2/2/2012
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00828
2-16-12 13:10ara p. 18 of 35 To: 81599357-307e-4bdb-93ac-65c32ba
Hotmail Print Message Page 9 of 26
1. WCSO Mugehce Profile booking no: 1119876, one page
2. Criminal Complaint 11.22185, one page, signed by Richard Hill, not filestarnped
3. ARreet Report and Declaration of Probable Cause spd 1101921 C r650225 , Declaram. RPD Officer Carter, no Magistrate signature
(please find out why), one page
4. RFD, 3 pages 11-22185 Adrriinatrative Information, etc. (please !subpoena and depose both RPD Officer's Lopez and Carter, asking thorn
whether they verbally identified themselves prior to, according to Hill, kicking the door down, and further questions them concerning the
accuracy of Hill's written statement and whether Officer Carter said to the accused that Richard Hill pays him, Officer Carter, a lot of
money and therefore Carter arrests who Hille says to street end does what Hill says to do. Further, please depose both officers, asking
whether the accused requested they take any action or ask Hill any question and whether the Officer! did so. Please subpoena the RPD for
any recordings, calls, documentation relating to this matter, or RPD Sargent Tarter's alleged retaliation against me and the traffic citations
he called in another RPD officer to write against me on or around November 15th. 2011. Please file a counterclaim alleged 42 USC 1983
violations splint the City of Reno and the RPD, in addition to other appropriate counterclaims. Please depose Hill to verify his written
account that he actually walked into the Basement, that Merlins himself kicked the door down, whether the RPD Officers verbally
identified themselves prior to the door being kicked down, whether the accused hesitated at all upon the RPD identifying themselves, etc....
Sincerely,
Zech Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: '775 229.6737
fax: 949 667 7402
ZachCoughlin(hotutail.com
Nevada Bar No: 9473
eNadceThis m towage and seccrneanying documents as covered by the electronic Communications Privacy Act. 18 U.B.C. 2310-2521, and may contain
confidential information intended for die specified individual (a) only. If you ere not the intended recipient ar at *gent rawer:110,1e far delivering it to the intended
recipient, you are hereby notified that you have received this document in error end that any review, dissemination, copying, or the taking of my action based on the
contents of this information is Strictly prohibited. This mouser is confidential, intended poly far the named recipient(s) and may contain information that is
privileged, attorney work product or exempt from didosere under applicable low. if you are not the ettended recipient(s), you are notified that ony
disclosure, copying, distrihation or any action tak en or omitted to k e tak es to reliance en the contents of this information is prohibited and may be
Unlawful.
If
you receive this mesealo in r a , ran sit the earned rfelpivoN, please notify the sender, delete this e-mail from your computer, and
destroy any copies In any form immediately. Receipt by anyone other than the darned recipiontleiie not a waiver of any attorney-aient, walk product, or
other applicable privilege.
THIS COULD WIN THE CASE IN 11 CR 26405 21
From: Zech Coughin IzadicoughlInIphotmeli.com)
Sent: Wd 12/14/11 5:02 AM
To: puenteslawePaolcom
5 attachments
11 1 2011 Affidavit of Service, Notice of Entry of Order, and Order for Summery Eviction Rev2011-001705.pdf (7z PA B) Affidavit of Service
Sheriff's Machen 4 30 pm 11 1 2011.pdt (555.1 KB) , 12 14 11 far to Puentes ISSUES THAT CAN WIN THE CASE.pdf (144.2 KB) , 11 21 11
Declaration of Richard Hill attach to his M far OSC (11-21-I1) Compere to Police Reports end deposition of itPD's Carter and Lopez and
bieressocif (791.4 KB) , 11 21 2011 REV2011-00178 RICHARD HILL'S M for OSC (11-21-11).pdf (711.7 KB)
itch Catgllin. N.
01? N. Virginio 9/.12
Rant, NV 995131
Tel: plzast only cumminitat2 it writing
Fat 949 652 1492
http://by148w.bay148.inail.live.com/mail/PrintMessages.aspx?cpidscc595d46-b764-406-... 2/2/2012
Frora: zachcoughlin
00829
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To 84599357-307e-4hg-93ac-65c32ba From I zac hcoughl in 2
-
16
-
12 8:10am p, 19 of 35
Hotmail Print Message Page 10 of26
.icrteed in Nevada, Infii FiefNu: 9473
December 14
kb
, 2011
Dear Mr. Fuentes,
Mr. Puentes,
Please find attached the AffidavitofService, filed November 7th, 2911 in the eviction case in RYC (REV2011-0017808) from which the
trespasscase you are Attorney ofRecord for (RMC 11 CR 26405 20 sterns, TURNS OUT, THE AFFIDAVIT OF SERVICE FILED BY
THE WASHOE COUNTY SHERIFFS AUTHORIZED AGENT, JOHN MACHEN ADMITS, IN WRITING, THAT THE EVICTION
ORDER AND LOCKOUT WERE SERVED AND CONDUCTED PRIOR TO THE TIME AND DATE CALLED FOR BY THE
EVICTION ORDER (WHICH WAS NOT EVEN PUT INTO THE MAIL WITH A PROOF OF SERVICE UNTIL NOVEMBER 1.
2011...AND NRCP 4-6 APPLY TO STATUTORY UNLAWFUL DETAINER ACTIONS, THEREFORE, THE RJC IS CLOSED
FRIDAYS AND OTHER NON JUDICIAL DAYS DO NOT COUNT, NOR DOES THE DAY THE ORDER IS SIGNED COUNT).
PLEASE ALSO FIND ATTACHED RICHARD HILL, ESQ'S DECLARATION ATTACHED TO A MOTION TO SHOW CAUSE HE
FILED IN REV2011-001708, WHICH I BELIEVE MAY PROVIDE FERTILE GROUND FOR IMPEACHING THE WRITTEN
STATEMENTS AND FUTURE TESTIMONY OF RPD OFFICERS CARTER, LOPEZ. LANDLORD MERLISS, HILL HIMSELF,
ETC. PLEASE DO NOT DISCUSS THIS VERBALLY OR IN WRITING WITH ANYONE OTHER THAN MYSELF ABSENT MY
EXPRESS WRITTEN CONSENT PRIOR TO DOING SO,
I prefer todiscussthiswith you prior toyour taking any action in relation tothisillegal lockout or insufficientservice ofprocess or early
lockoutor however itisdescribed. The Shearsserver. Machete mighttry toargue thathe served the Eviction Order at4:30 pm, then
waited around until after 5 pm (asrequired by the Eviction Order) topm
-
form the actual lockout. I thinkitwould be besttogel Machen
admitting, by tricking him intoadmitting, ifnecessary, thathe performed the lockoutwithin minutesofserving the Eviction Order.
Further, the law in our State doesnotseem exceptionally clear with regard tothe service and processrequirementsand timelines, and
manner ofcalculating time with respecttothe 'receipt' ofLockoutOrders. The AffidavitofService by Machen statesthattie "personally
served the described documentsupon" my. Zech Coughlin...However, I can attestby AffidavitthatI wasnot"personally served" tothe
extentthat"personally served" meansor impliesthatI wasthere, thatMachen saw me or identified me, or any ofthe other indicatorsof
something, such as aComplaint, being "personally served" such es I understand the phrase tome. NRCP 5(b)(2)(A)(i-iii). Further, as
Baker and Hill have so often pointed out, I cannot, according tothem, receive any attorney'sfee award for appearing asprose attorney, as
such, NRCP 5(b)(2)(A)(i-iii), should apply tome only asaparty, and notasaparty'sattorney, and, therefore, according toNRCP 5,
Service: "(2) Service tinder thisrule ismade by: (A) Delivering acopy tothe attorney or the party by; (i) handing ittothe attorney or tothe
party; (ii) leaving itatthe attorneysor patty'soffice with aclerkor other person in charge, or ifthere isnoone in charge, leaving itin a
conspicuousplace in the office: or (iii) ifthe office isclosed or the person tobe served hasnooffice, leaving itatthe person'sdwelling
house or 1151.10j place ofabode with some person of suitable age and Oil cretian residing there..." So, either itwasmy office, in which
case aNoCause Eviction Notice makesimpermissible aSunman)
,
Eviction Proceeding under NRS 40.253, and therefore, the Order of
Summary Eviction isvoid for lackofjuriediction, or. the AffidavitofService was on my home, and was net"handed" tome, or
"personally served" (despite the Affidavitattesting tohaving "personally served" me), nor wasthe Order ofSummary Eviction served in
accordance with NRCP 5(b)(2)(A)(iii), which requires: "ifthe office isclosed or the person tobe served hasnooffice, leaving itatthe
person'sOwelliaz house or usual place ofmode with some person ofsuitable ege and discretion residing there.."
Further, I believe posting an Order on one'sresidence door, particularly in the contextofserving aNoCause Notice ofEviction or
Unlawful Detainer, isonly valid ifthe documentbeing served isalsoplaced in the mail and 3 non judicial daysare accorded for service to
be complete. SeaNRCP 6(e). I donotbelieve they can prove thatatall, noteven close. NRCP appliestoSummary Eviction Actions.
according tothe following:
-
INAS 4 0.389 omviaionsgoverning appeals. Either party may, within 10 days, appeal fromhe judgmentrendered. But 411 appeal by [he
defendantshall notstay the execution ofthe judgment, unless, within the 10 days, the defendantshell execute and Me with the courtor
justice die defendant'sundertaking tothe plaintiff, with twoor more sureties, in an amounttobe fixed by the courtor justice, butwhich
shall notbe lessthan twice the amountofthe judgmentand coats, tothe effectthat, ifthe judgmentappealed from be affirmed or the
appeal be dismissed, the appellantwill pay the judgmentand the costofappeal, the value ofthe use and occupation ofthe property, and
damagesjustly accruing tothe plaintiffduring the pendency ofthe appeal Upon taking the appeal and filing the undertaking, all further
proceedingsin the case shall be stayed."
Actually, alotofpeop:e seemed confused regard'ng the '24 hours' lockoutthing. The only appearance in either NRS 118A or NRS 40, in the prov'sions
applicable toSummary SVction Proceedingsofanything related to"24 hours" isin MRS 40.253(5), which only speakstoasituation where tne Tenant
doesnotfile aTenant'sAnswer or tenantsAffidavit, which :adearly inapplicable here, asthe Tenantdid file such aOpposrtion tothe NoCause Eviction
Notice
-
5. Upon noncompliance with the notce:
(a) The landlord or the landlord'sagentmay apply nyaffidasitofcomplaintfor eviction tothe justice courtofthe township'n which the dwelling,
apartment, mobile none or commercial premisesare located or tothe districtcourtofthe county in which the dweiling, apartment, mobile home or
commercial prem'sesare located, whichever hasjurisdiction over the matter. Th_e_myrtmay thereupon Issue an order directing the sheriff or
constable of the county to remover the tenant within 24 hours after receiptcifthe order. The affidavitmuststate o contain..'
So, absentsome statutory provision allowing the Order ofSummary Eviction toresultin alockoutby the Washoe County SheriffsOffice o"o' tothe 3
daysfor mai:ing where personal sen/ce ofthe Order ofSummary Eviction wasnoteffectuated, despite whatWCSO employee may have incorrectly (or
falsely) asserted the wCSO'sJohn Mechem'sAffidavitofService from, file stamped November 7, 2011 (especially where itistimestamoed 4:30 pm,
http ://by148w.bay148.mail. live.com/mail/PrintMessages.asp x?cpids =cc595d46-b764-4d 56- . 2/2/2012
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To: 64599357-307e-4bdb-93ac-65c32ba From: zachcoughlin 2-16-12 6:10am p. 20 of35

Hotmail Print Message Page 11 of26
November 1, 2011, especially where the Order ofSummary Eviction explicitly readsthatnosuch lockoutshall occur prior to5:00 pm on November 1,
2011). See, NRCP 5(h)(2XA)(i-iii), NRCP 6(e),
Interestingly, Richard Hill knows his case is toast under NRCP 50)1(2)(A)(1-111), NRCP 6(e), In addition to NRCP 11. That is why in
Richard Hill's November 21, 2011 Motion for Order To Show Cause, on pegs 2. Hills resorts to literally grasping at straws, imagining that
what the Washoe County Sheriffs Office customarily does is somehow automatically codified into mandatory precedent black letter law.
To wit, Richard Hill wrote in his Motion For Order To Show Cause that: "FACTS SHOWING CONTEMPT OF COURT 6. EXHIBIT
I was served on Coughlin on November " 2011 by the Wastrel County SherifftDepartment, by postale same on the front door of the
property in the mating customary fcaevictionsin Washoe Cotptty. The locks to the premises were changed at that arms, thereby eirc e
e
_t_ irg i
Further, therein Richard Hill admits that the lockout occurred at 4:30 pm, as
indicated in writing in the WCSO's Machem's Affidavit of Service, contra to the mandate of Judge Sferrazza's Order ofSummary Eviction
requiring any lockout to occur re/Ter 5:00 pm, November 1. 2011.
NRS 40.385 Stay of execution upon appeal' du of tenant woo possession of premises to nay rent during stay. Upon an
appeal from an order entered pursuant to NRS 40.253:
1. Except as otherwise provided In this sgbiection, ft stay of execution may be obtained by filing with the trial court a bond In
the amount of5250 tocover the expected costa on avocet. In an actiggsoncerning a lease of contra ercisa Property or any other
prooertv for which the monthly _reneseceeds SZ.000. the coot may. uperi jes own motion or that of a Party. and upon a shomene of
good cause, order an additional bond to be posted to cover the (aniseed costs on agorae A surety upon the britlei submits to the
tutisdietion of the appellate court and Irrevocably appoints the clerk of that court as the surety's agent upon whom papers
affecting the surety's liability upon the bond may be served
e
PetalitY of a surety may be enforced, or the bond may be released, on
motion In the appellate court without independent action.
2. A tenant who retains possession of the premises that are the subject of the appeal during the pendency ofthe appeal shall pay to the
landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes clue. If the tenant fails to
pay each rent, the landlord may initiate new proceedings for asummary eviction by serving the tenant with anew notice pursuant to tee
n
40.253,
NRS 40.390 Appellate court not to dismiss or quash proceedings for want of form. in all cases of appeal under NRS 40.220 to 40.420
inclusive, the appellate court shall not dismiss or quash the proceedings for wart of form, provided the proceedings have been conducted
substantially according to the provisions of NRS 40.220 to 40A20 inclusive; and amendments to the complaint, answer or summons, in
matters of form only, may be allowed by the court atany time before oriel judgment upon such terms as may be just; and all matters of
excuse, justification or avoidance of the allegations in the complaint may be given in evidence under the answer.
ARS 40.400 Rules ofprectice. The provisions of NRS. Nevada Rules of Civil Procedure and Nevada Rules of Appellate
Procedure relative to civil actions, appeals and new trials, so Tar es _they are not inconsistent with the provisions of NRS 40.220 to
40.42p, Inclusive, apply to the proceedings mentioned In those sectl Rat"
So, considering that NRS 40.400 requires that NRCP apply to Summery Eviction Proceedings under NRS 40.253, then service, process,
and time calculations of such must comport with the dictates of NRCP 5-6; " RULE 5. SERVICE AND FILING OF PLEADINGS AND
OTHER PAPERS
(a) Service; When Required. Except es otherwise provided in these rules, every order required by itstermstobe weed, every
pleading subsequent to the original complaint unless the court otherwise eiders because of numerous defendants, every p er relating to
discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex
parte, and every written notice, appearance. demand, offer of judgment, designation of record on appeal, and similar paper shall be served
upon each of' the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or
additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.
(b) Same: How Made.
(1) Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service
shall be made upon the attorney unless the court orders that service be made upon the party.
(2) Service under this rule is made by:
(A.) Delivering a copy to the attorney or the party by:
(i) handing it to the attorney or to the party;
(ii) leaving it at the attorney's or party's office with a clerk or other person in charge, or if there is no one in charge,
leaving it in a conspicuous place in the office; or
(iii) if the office is closed or the person to be served has no office, leaving it at the person's dwelling house or usual place
of abode with some person of suitable age and discretion residing there.
(B) Mailing a copy tothe attorney or the party at his or her last known address. Service by mall Is complete on mailing;
provided, however, a motion, answer or other document constituting the Initial appearance or a party must also. If served by mall,
be filed within the time allowed for service; and provided farther. that after such initial appearance, service by mall be frIfi lf
by mailing from a point within
e
the
e
atate of Nevada.
(C) If the attorney or the party has no known address, leaving a copy with the clerk of the court.
(D) Delivering a copy by electronic means If the attorney er the party served hasconsented to service by electronic
means. Service by electronic means Is complete on transmission provided, however, a motion, answer or other document
constituting [he initial appearance ofaparty must also, Ifserved by electronic means, be filed within the time allowed for service.
The served attorney's or party's consent to service by electronic means shall be expressly stated and filed le redline wite the clerk
of the court and served on the other parties to the action. The written consent shall Identify:
(I) the persons upon whom service must be made
Ill) the anneon date addressor location for such service. suers the electronic-mall address or facsimile number;
(Ill) the format to be used for attachments; and
(Iv) any othgr limits on the scoop or duration ofthe consent.
An_ottorneY's or party'sconsent shall remain effective until expressly revoked or until the representation of a party changes
through entry, withdrawal or substitution of counsel. An attorney or party who has consented to service by electronic meansshall,
within 10 days after any change ofelectronic -mail address or facsimile number, serve and file notice of the new electronic-mail address or
facsimile number,
1:11 Service hv PleCtrfIllte means under Rule 1
4
.(h)(21()71 Is nal effective If the nartv makino cervIre learns that the afterneterf
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service did notreach tiler:Jerson tobe served,
(4) Proofofservice may be made by certificate ofan attorney or ofthe attorney'semployee, or by wrioen admission, or by
affidavit. or other proofsatisfactory tothe court. Failure tomake proofofservice shall notaffectthe validity ofservice...
RULE 6. "TIME
Os) Computation. In computing any period olliroLpoLesunhesioriejlpooadathese rules, by esof f any districtcourt, by
order ofcourt. or by any arrolicable statute. the day ofthe act. eventaidefaultfrom which the designated varied oftime beginstorun
shall notbe included. The lastday ofthe period ep computed shall be included. mane itisaSaturday. a_Stuttlay. or aneniudicial day, in
which eventthe Period row until the enil ofthe nextday which isnotaSaturday. aStrap. or anortjuctIcial day. cr. when the actlobe
done isthe filing ofapaper in court, aday on which weatner or other Conditionshave made the office ofthe clerkofthe districtcourt
inaccessible. in which event the period rime until the end ofthe nartsUlt which isnotone ofthe aforementioned days. When ihe period of
time prescribed or allowed islessthan 11 days, intermediate Saturigye. SpiidaVitand noneudicial daysshall be excluded in the
computation exceptfor those proceedingsfiled under Titles12 or 13 ofthe NevadaRevised Statutes...
fe) Additional Time After Service by Mall or Electronic Means. Whenever aparty hoe the right or Isrequired todosome act
or take Isone.ftmeettilnet Within aprescriheel...Rept ed after the seryice ofanotice or other miner. other than process, urton the park
god the notice orpaner isserved uuon the Party by mall or by electeonic means. 3 daysshall be added tothe Prescribed period.
Subdivision (a) isrevised toextend the exclusion ofintermediate Saturday., Sundays, and nonjuelicial daystothe computation oftime
periodslessthan 11 daysconsistentwith the 1935 amendmentstothe federal rule. Additionally, the "inaccessibility ofthe court' '
provision found in subdivision (a) ofthe federal rule isadded toRule 6(a). Subdivision (a) isthither amended, by adding language
referring to"proceedingsfiled under Titles12 or 13 ofthe NevadaRevised Statutes," toavoid any changestocurrentproceduresin
probate. guardianship and trustproceedings....
Subdivision (e) isamended toprovide en additional 3 daystoactin response toapaper thatisserved by electronic meansunder
new paragraph (2)(D) added toRule 5(b).
NRS 40.253 Unlaarfnl detainer: Supplemental remedy ofsummary eviction and exclusion oftenantfor defaultin paymentofrent.
1. Exceptasotherwise provided in subsection 10, in addition tothe remedy provided in N RS 40.2513 and 40.29q to40.420 inclusive,
when the tenant ofany dwelling, apartment, mobile home, recreational vehicle or commercial premiseswith periodic rent reserved
by the month or any shorter nerlod Isin default in payment ofthe rent the landlord or the landlord'sagent, unlessotherwise agreed in
writing, may serve or have served anotice in writing, requiring in the alternative the paymentofthe rentor the maunder ofthe prendses...
4. Ifthe tenantfilessuch an affidavitator before the time stated in the notice, the landlord or the landlord'sagent, after receiptofa
file-stamped copy ofthe affidavitwhich wasfiled, shall notprovide for the nonadmittance ofthe tenanttothe premisesby locking or
otherwise.
5. Upon noncompliance with the notice:
(a) The landlord or the landlord'sagentmay apply by affidavitofcomplaintfor eviction tothe justice courtofthe township in which
the dwelling, apartment, mobile home or commercial premises are located or tothe districtcourtofthe county in which the dwelling.
apartment, mobile home or commercial premisesare located, whichever hasjurisdiction over the matter. The courtmay thereupon issue an
order directing the sheriffor constable ofthe county toremove the tenantwithin 24 hoursafter receiptofthe order..
6. Upon the filing by the tenantofthe affidavitpermitted in subsection 3. regardlessofthe information contained in the affidavit. and
the filing by the landlord ofthe affidavitpermitted by subsection 5, the justice courtor the districtcourtshall hold ahearing, after service
ofnotice ofthe hearing upon the parties, todetermine the truthfulnessand sufficiency ofany affidavitor notice provided for in thissection.
Ifthe court determinesthat there Isnoleeal defense astothe alleged unlawful detainer and the tenant isguilty ofan unlawful
detainer, the court may Issue asummary order for removal ofthe tenant or an order providing for the nonadmittance ofthe
tenant. Ifthe court determinesthat there Isalegal defense astothe alleged unlawful detainer, the court shall refuse togrant either
party any reitet and. except asotherwise provided In thissubsection, shell require that any further nroceeningsbe conducted
pursuant toNRS 40290 to40A21), Ind ueive. The Issuance ofasummary order for removal ofthe tenantdoesnot
.
preclude an action
hy the tenant for any damagesor other relieftowhich the tenant noy be end tled.,.
0
7. The tenantmay. upon paymentofthe appropriate teesrelating tothe tiling and service ofa motion, file amotion with the court, on a
fontsprovided by the clerkofthe court, todispute the amountofthe costa, ifany, claimed by the landlord pursuanttoNR5 118207 or
1:8A_46O for the inventory, moving and storage ofpersonal property lefton the premises. The motion mustbe flied within 20 daysafter the
summary order for removal ofthe tenantor the abandonmentofthe premisesby the tenantor within 20 daysafter
(a) The tenanthasvacated or been removed from the premises; and
(b) A copy ofthose chargeshasbeen requested by or provided tothe tenant.
E whichever islater.
8. Upon the filing ofamotion pursuant tosubsection 7 . the couttohall schedule si hearing on the motion. The hearing must be
held within 10 daysafter the ming ofthe motion. The court shall eftlx the date ofthe hearing tothe motion and order a copy
served upon the landlord by the sheriff, constable or other pr_quasserver, Atthe h earl e court may:
(a) Determine the costs, ifany, claimed by the landlord pursuanttoNRS 118.207 or 118A460 and any accumulating daily corx.s, avid
(h) Order the release ofthe tenant'sproperty upon the paymentofthe chargesdetermined tohe due or ifnochargesare determined to
be due."
Landlord Mahn filed only aNoCause Notice ofEviction in REV2011.001708 on Commercial TenantZach Coughlin. Esq.'slaw office.
As such, aSummary Eviction Proceeding isimpermissible given the requirementofNRS 40.253 thatthe Notice alleged non-paymentof
renttoallow the landlord toproceed under the Summary Eviction Proceeding section. NRS 40.253. Further, Judge Sferrazzawas
precluded from ruling on anything other than possession ofthe premisespursuanttoNRS 40.253(6). Anvui, and Glazier. Further, the
tenancy did notterminate under the Lease Agreement. itsearenewed.
NRS 40.254 Unlawfill detainer: Supplemental remedy ofsummary eviction and exclusion oftenantfrom certain typesofproperty.
Exceptasotherwise provided by specific statute, in addition tothe remedy provided in NFt.40.25tand in NRS 40.290 to40.420, inclusive,
when the tenantofadwelling unitwhich issubjecttothe provisionsofchapter 118A ofNRS, partofalow-renthousing program operated
by apublic housing authority. amobile home or arecreational vehicle isguilty ofan unlawfid detainer, the landlord isentitled tothe
summary proceduresprovided in MIS 40.253 exceptthat:
1. Written notice tosurrender the premisesmust:...fel A statementthatthe claim for reliefwasauthorized by I aw.
Assuch, the tooearly lockoutbringsintoplay the following:
"NRS 118A.390 Unlawful removal or exclusion oftenantor willful inteauption ofessential services; procedure for expedited relief.
1. Ifthe landlord
unlawfully remove the tenantfrom Use premise'sor excludesthe tenantby blockipe or Wenn:Ohre toblockthe
tenant'sentry upon the premisesor willfully interruptsor causesor permitsthe interruption ofany essential service reoul red by
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Hotrnail Print Message Page 13 of 26
the rental ser cent en or this chapter, the tenant may recover edletelossesslon pursuant to subsection d, proceed under NRS
1 TSA.31t0 or terminate the rental agreementand, In additIOn to all% other real ody, recover the tenant's actual damages, receive an
amount not greater than 51,1100 to be fixed by the court, or both,
2. in determining the amount, if any, to be awarded under subsection 1, the court shall consider:
(a) Whether the landlord acted in gond faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harm to the tenant caused by the landlord's conduct.
3. if the rental agreement is terminated pursuant to subsection 1. the landlord shell return all prepaid rent and security recoverable under
this chapter.
4. Except as otherwise provided in subsection 5. the tenant may recover immediate possession of the premises from the landlord by filing a
verified complaint for expedited relief for the unlawful removal or exclusion of the tenant from the premises or the willibl interruption of
essential services.
5. A verified complaint for expedited relief:
(a) Must be tiled with the court within 5 judicial days alter the date of the unlawful act by the landlord, and the verified complaint must be
dismissed if it is not timely filed. If the verified complaint for expedited relief is dismissed pursuant to this paragraph, the tenant retains the
right to pursue all other available remedies against the landlord.
(b) May not be filed with the court if en action for summary eviction or unlawful detainer is already pending between the landlord and
tenant, but the tenant may seek similar relief before the judge presiding over the pending action.
6. The court shall conduct a hearing on the verified complaint for expedited relief within 3 judicial days after the filing of the verified
complaint for expedited relief. Before or at the scheduled hearing, the tenant must provide proof that the landlord has been properly served
with a copy of the verified complaint for expedited relief. Upon the hearing. if it is determined that the landlord has violated any of the
provisions of subsection I, the court may:
(a) Order the landlord to restore to the tenant the premises or essential services, or both;
(b)
Award damages pursuant to subsection 1; and
(c) Enjoin the landlord from violating the provisions of subsection 1 arid, if the circumstances so warrant, hold the landlord in contempt of
court.
7. The payment of all coats and official fees must be deferred for arty tenant who files a verified complaintfor expedited relief. After any
hearing and not later than final disposition of the filing or order, the court shall assess the costa and fees against the party that dots not
prevail, except that the court may reduce them or waive them, athletics may require.'
"NRS 113A.090 "Exc ude" defined, 'Exclude means to evictor to prohibitentry by locking doors or by otherwise blocking or attempting to block entry,
or to make a dwe ling unituninnabitable by interrupting or causing the interruption of electric, gas, water or other essential services.'
ALLPAPERS AND PLEADINGS AND CORRESPONDENCS PREVIOUSLY SUIIMITTED TO THE RENO JUSTICE COURT AND OR ITS EMPLOYEES LS HEREBY
INCORPORATED SY REFERENCE INTO TeliS FILING.
NRS 118A.190. " Notice: Definition; service.
1. A person has notice of a factif:
(a) The person has actual knowledge of it
(b) The person has receives a notice or notification of it; or
(c) From atthe facts and circumstances the person reasonably should knowthatitexists.
;, Written natIctio to the tenant prescribed bv this chanter shaLlge served fit the Menne(' provided by NRS 40150.
3 Written notices to the landlord prescribed by this chapter may be delivered or mailed to the place of business of the la ndord designated in the rental
agreementor to any pace held outby the landlord as the place for the receiptof rental payments from the tenantand are effective from the date of
delivery or mailing."
-
NETS 40,2SQ Service of notices to quit; proof required before issuance of order to remove.
1. Exceptas otherw'se provided in NRS 40.253, the notices required by NFt5 40.251 to 40.260, inclusive, may be served:
(a) fil y delivering a copy to the tenant personally, in the presence of a witness;
(by IF the tenant is absentfrom the tenant's place of residence or from the tenant's usual place of business, by leaving a copy with a person of suitable
age and discretion ateither place and mailing a copy to the tenantatthe tenant's place of residence or place of business; or
(c) If the place of residence or business cannotbe ascertained, or a person of suitable age or cEscretion cannotbe found there,by posting a copy in a
consp'currun place on the leased property, delivering a copy to a person there residing, if the person can be found, and mailing a copy to the tenantat
the place who re the leased property is situated.'
Idid notreceive any of the emails allegedly sent to my from Richard Hill's email address, L)iillaarichardhillewcorn between August 18
1
", 2011 to
November 17", nu, and certainly none from thilsarkilEgnil l mu= during the period between the illegal lockoutat4:30 pm November 1, 2011 and
the trespass arrestof November 13'l, 2011 which allegedly spoke to my being provided access to the property for the purpose cf my removing my
belongings, despite my numerous calls and written requests, which outlined the exigencies inherentto my being precluded access to my clientfiles
incidentto an unlawful and improperly notice and too early occurring lockoutby the WCSO. Iand my business have been damaged greatly by these
acts. Further, Ihad repeatedly sent both Baker and Hill notice, in writing, thatIdid notconsentto service or notice of anything via electronic means.
Further NRS 118A190 does not speak to "notice or a legal finding, but rather to 'notice of a fact". As such, Iwas not appropriate y semen notice of the
Order of Summary Eviction, and an illegal lockoutoccurred, as such no criminal trespass charge can stand.
"NRS 11.8A260 Disclosure of names and addresses of managers and owners; emergency telephone nu mber; service of process,
1. The landlord, or any person authorized to enter into a rental agreement on his or her behalf, shat; disclose to the tenantin writing ator before the
commencementof the tenancy
(a) The name and address or:
(1) The persons autnorized to manage the premises:
(2) A person within tnis State authorized to actfor and on behalf of the landlord for the purpose of service of process and receiving notices and
demands; and
(3) The principal or corporate owner.
(b) A telephone number atwhich a responsible person who resides in the county or within 60 miles of where tne premises are located may be called in
case of emergency.
7 The iricnrmatinn rent oired fn Fm S "nicked he tnk sea-finr, mint hp 'rent n went and this see-fine is ertreurnehlp enainet anse u erecsnr fandfnrd nr
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manager of the premises.
3.A party who enters into a rental agreement on behalf of the landlord ono fails to comply with this section is an agent of the landlord for purposes of:
(a) Service of process and receiving notices and demands; and
(b) Performing the obligations of the landloro under law and under the rental agreement.
4.In any action against a landlord which involves its or her rental property, service of process upon the manager of the property or a person described
in paragraph (a) of subsection 1 shall be deemed to be service upon the landlord.The obligations of the landlord devolve upon the persons authorized
to enter into a rental agreement on his or her behalf.
S.This section does not but or remove the liability of an undisclosed landlord"
NRS 40.31 0 Issue of fact to be tried by jury If proper demand made.Whenever an issue of fact is presented by the pleadings, it shall be tried by a jury, If
proper demand is made pursuant to the Nevada Rules of Clv) Procedure or the Justice Court Rules of Civil Procedure
Actually, a lot of people seemed confused regarding the "24 hours" lockout thing.The only appearance in either NRS 1 1 8A or NRS 40, in the provisions
applicable to Summary Eviction Proceedings of anything related to "24 hours' be in NRS 40.253(5), which only speaks to a situation where the Tenant
does not file a Tenant's Answer or Tenant's Affidavit, which is clearly inapplicable here, as the Tenant did file such a Opposition to the No Cause Eviction
Notice: '5.Upon noncompliance with the notice:
(a) The landlord or the landlord's agent may apply by affidavit of complaint for eviction to the justice court of the township in whirl, the dwelling,
apaiment, mobile home or commercial premises are located or to the district court of the county in which the dwelling, apartment, mobile home or
commercial premises are located, whichever has jurisdiction over the matter, The court may thereupon Issue en order directing the sheriff or
cannabis of the county to remove the tenant within 24 hours lifter reCeint of the order. The affidavit must state or contain,:
So, absent some statutory provision afiowing the Order of Summary Eviction to reach in a lockout by the Washoe County Sheriff's Office prior to the 3
days for mailing where persona, service of the Order of Summary Eviction was not effectuated, despite what WCSO employee may have incorrectly ( or
falsely) asserted in the WCSO's John Machem's Affidavit of Service from, file stamped November 7, 2011 ( especially where it is timestamped 4:30 pm,
November 1 , 201 1 , especially where the Order of Summary Eviction explicitly reads that no such lockout shall occur prior 1 5:00 pm on November 1 ,
201 1 ).See, NRCP 5(b)(2XAXi-iii), NRCP 6(e).
Interestingly. Richard Hill knows his case Is toast under NRCP Sfla)(2)(A1(1-111). NRCP 6(0. In addition to NRCP 11. That is why in
Richard Hill's November 21 , 201 1 Motion for Order To Show Cause, on page 2. Hills retorts to literally grasping at !straws. imagining that
what the Washoe County Sheriffs Office customarily does is somehow automatically codified into mandatory precedent black letter law.
To wit, Richard Hill wrote in his Motion For Order To Show Cause that: "FACTS SHOWING CONTEMPT OF COURT 6.EXHIBIT
1 was Bernd on Cou2111111 on November " 01 1 b the WI .t .Co
-
1 .i e e t 'oat
.
same t the front door of the
property in the manner customary for evictions in Washoe County, The links to the prerniscs were changed at that tune. thereby tiectizg
and disiposeefssing Couahlin ofpossession of the Property" Further, therein Richard Hill admits that the lockout occurred at 4:30 pm, as
indicated in writing in the WCSO's Machem's Affidavit of Service, contra to the mandate of Judge Sferrazza's Order of Summary Eviction
requiring any lockout to occur tear 5:00 pen, November 1 ,201 1 .
Simerely,
Zach Coughlin, Esq.
81 7 N.Virginia St.e2
Reno, NV 89501
1.1: 775 229..6737
fax: 949 667 7402
ZachCoughlin@hotmaii.corn
Nevada Bar No: 9473
Sincerely,
Zech Coughlin. Esq.
Nedce This message and accompanying documents ors covered by the electronic Communication.Privacy Act, 18 U.S.C. ff 2310-2521, and may contain
confidential information intended for Me specified individual (s) only. Wyou ars notMe intended recipientores tresponelde for delivering it to the intended
recipient. you as hereby notified that you have received thie document in error and that my review, dissemination, copying, or the taking of any action based on the
contents of this information is entity prohibited This message is confidentie, intended only for the named recipient(s) and may contain information that is
privileged, attorney work product or exempt from disclosure under applicoble low. If you are not the intended recipientfal, yam Cr. notified that any
disclosure, copying, distribution or any action taken Cr emitted to be taken in reliance as the contents of this information is prohibited and may be
unlawful. If you receive this message In error, or are eat the named recipirot(s), please notify the sender, delete this e-mail front year computer, and
destroy any copies in any farm frame Wendy. Receipt by anyone other then the named recipient(*) is not a waiver of any attorney-clieot, work product, or
ether applicable privilege,
FW: THIS COULD WIN THE CASE IN 11 CR 26405 21
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1 0: t1459hiP -JU e- bociena from: macncougtIlin t-113-14 if:Luam p, (4 Or JP
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From: Zech Coughlin (2echcoughlin@hotmail.com)
Sert: Wed 12/14/11 5:35 AM
To; puenteslawgeolcom
S attachments
11 1 2011 Affidavit of Service, Notice of Entry of Order, erd Order for Summery Eviction Rev2011.00170B.pdf (7.8 MB), Affidavit of Service
Sheriff's Mocha n 4 30 pm 11 1 2011.pdf (555.1 KB), 12 14 1.1 fax to Fuentes ISSUES THAT CAN WIN THE CASE.pdf (144.2 KS) , 11 23.11
Declaration at Richard dill attach to his M for OSC (11-21.n) Compare to Pollee Reports and deposition at iiP3's Carter and Lopez and
Merliss.pdf (701A KB) , 11 21 2011 REV2011-0017B RICHARD HILL'S M for 05C (11-21-11).pdf (711.7 KB)
Hi Mr. Fuentes,
What isinconsistent in the discovery you provided me and Hill'sMotion toShow Cause? I am
interested tosee what you come up with and whoyou would want toaskwhat questions. I went tothe
University ofWashington too, for awhile at least, year round from 9/95 to12/96.
Hill'sDeclaration in his11 21, 2011 Motion toShow Cause indicatesthat:
"DECLARATION OF RICHARD G. HILL, ESQ.
RICHARD G. HILL, ESQ., being first duly sworn, deposesand under penalty
ofperjury avers:
1. I am aresident ofthe City ofReno, County ofWashoc, State ofNevada,
and over 18 yearsofage. Thisdeclaration isbased on my personal knowledge, exccptthose
mattersstated on information and belief, and astothose itemsI believe them tobe true.
Thisdeclaration ismade in support ofplaintiffsMotion for Contempt Citation, and
representsmy testimony ifcalled on topresent same in court.
1 I am an attorney duly licensed assuch by the State ofNevadatopractice
before all courtsofthisState and maintain my office at 652 Forest Street, Reno, Nevada.
I am alsolicensed topractice before the United StatesDistrict Court for the District of
Nevada, the Ninth Circuit Court ofAppealsand the United StatesSupreme Court.
III
3. My office representsthe plaintiff, Dr. Matthew Medias, in thismatter.
4. On October 27, 2011, thiscourt signed asummary eviction order, and on
November 1, 2011, the Washoe County SheriffsDepartment served that order. The notice
wasposted on the door of the home by the Wag= County SheriffsDepartment in the
manner customary in Washoc County for evictions. The lockson the front door and back
door were changed, and we retained all keystothe home.
5. After that date, I began tonotice that it looked like somebody had been
getting intothe home. On approximately November 4, 2011, I became concerned about the
home and itscontents, I entered it and wasable toconfirm that "somebody" had been
getting in. I thought I had secured the meansofentry being used by whoever it wasthat
wasgetting in. However, on later visitstothe home, it wasclear that the home wasstill
being surreptitiously accessed.
6. On November 13, 2011, Dr, Merlisscame toRenobecause he wanted to
inspect the home. Upon entry, it wasclear that somebody had again accessed the home.
7. We tried toenter the basement and found the door wasbarricaded, not
locked, from the inside. We were concerned that whoever had been accessing the home was
inside, sowe called the police.
8. When the police arrived, they agreed with usthat it wasvery likely that
somebody wasbarricaded in the basement. The police tried tocoax the persontocome out,
but without success.
9. When the police declined tobreakdown the door, Dr. Merlissdid so. The
police looked inside and discovered the defendant, Zachary Coughlin, and hisdog.
10. Coughlin came out peacefully, went upstairsand wasplaced under arrest
by the police for trespassing.
11. After Coughlin wastaken tojail, Dr. Merlisaand I tried tovideotape the
contentsofthe basement where Coughlin had been hiding. It wastoodarktoeffectively
videotape, but we were able toascertain that Coughlin and hisdog have been living. in the
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III
basement ofthe home for quite some time, likely even before the lockout. 'observed that
Coughlin had abed set up. He had several computer monitors. He had astore ofboth food
and water. He had electric space heaters.
12. Since the eviction order wasserved, my associate, Mr. Baker, and I had
sent numerousemailstoCoughlin, in which we both repeatedly made it clear tohim that
he wasnot tobe at the home without our prior permission. Nosuch permission wasgiven.
Mr. Coughlin had noreason topossibly thinkhe waspermitted on the property. We had
tried tocoax him tocooperate on getting hispossession& out, without success, or even a
response.
13. Asaresult ofMr. Coughlin'sbreak-ins, Dr. Merlin hasincurred abill of
$1,060 with alicensed contractor tosecure the premises. That doesnot include the cost of
the door that wasbroken in order toget Coughlin out. That doesnot include the numerous
hoursofme and my stafftodeal with Mr. Coughlin'srepeated break-insat the home.
14. I am noexpert, but I believe Mr. Coughlin iswhat iscalled a"hoarder."
He hasmany car seatsthroughout the house. He hasmany dead televisions. He hasabox
ofcar window servomotors. The attic, which can only be accessed through avery narrow
opening, isfull ofitems, including dead electronic devices.
15. We have found drugsat the home. We found abag ofwhat lookslike
marijuanaon the kitchen counter. I found acrackpipe. The contractor found what he said
wasalarge quantity ofpills.
16. Mr. Coughlin hasbeen harassing and stalking me, and possibly, my staff.
On November 15, 2011, he burst intomy office and created ascene. Then, he wasparading
up and down the sidewalkacrossthe street with avideocamerascreaming obscenitiesat
me and my staff.
III
II I
III
17. I declare under penalty ofperjury that the foregoing istrue and correct..."
But RPD Officer Carter wrote in hisSupplemental Declaration: "On November 13, 2011 at
approximately 1200 hoursI responded to121 River RockSt, Reno, on areport ofan
unwanted subject in the home. I arrived on scene with Sgt Lopez and we met with the RIP. Richard Hill,
whotold
usthe following:Richard isalocal attorney whoisrepresenting the home owner, Matthew Merliss.
Matthew filed eviction paperson
histenant, Zachary Coughlin, at 121 River RockSt last month and they were served at the home by
leaving them
on the door. The eviction papersstated that Zachary wastovacate the property on November 1, 2011 .
Matthew hasbeen tothe house several timesover the past weekand hasobserved evidence ofsomeone
coming
and going. Today he wasat the house and found the basement door tobe locked from inside.
Matthew contacted Richard whoresponded and called the police.
Sgt Lopez and I knocked on the basement door and announced loudly "RenaPolice" and called out for
Zachary to
open the door. We were met with noresponse. Matthew decided he would kickthe door open, and did
so
I entered the doorway ofthe basement and found Zachary standing at the rear ofthe room holding a
small dog.
He washesitant tocome out and eventually did so.
Zachary came upstairsand instantly started arguing hislegal standing in the house, asking me
"hypothetically
speaking" type questions. He then told me I wasmaking afalse arrest due tothe fact that I am on
Richard Hill's
payroll and he wasgoing tosue me.
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I tried toexplain toZachary that he wasseNed eviction papersand he asked me what I could doabout it
ifhe
hypothetically didn't get them . He then told me that he had worked adeal with Matthew tocontinue
paying rent
and that the legal eviction wasnolonger val id,
I again tried toexplain toZachary that ajudge had signed an order forcing him toleave the property and
all he did
wascite civil case law tome (I'm unsure ifany ofthe easeshe wasrambling on about even exist) and
tell me that
I wasmaking abad arrest.
Due toZachary not believing he hasdone anything wrong that the fact he believeshe still hasstanding
there is
reasonable groundstobelieve Zachary will return tothe house. Therefore he did not qualify for a
misdemeanor
citation.
Richard completed astatement on Matthews' behalfand signed acriminal complaint.
Zachary wastransported and booked intothe Washoe County Jail without incident for
Trespassing...."Further, Richard Hill'sown Written Statment of11 13, 2011, provided tothe RPD writes
that "We evicted Coughlin. The paperswere posted by WCSO on 11/1/11 We have observed evidence
that he wascorning and going...."
Why didn't Merlissmake aWritten Statement. WasMerlissreally in Renoduring the time frame to
observe what Hill assertsMerlissobserved in Hill'sDeclaration of11 21, 2011? What other holesdo
you see?
Hills11 21, 2011 Declaration statesthat: "6. On November 13, 2011, Dr. Merlisscame toRenobecause
he wanted to
inspect the home. Upon entry, it wasclear that somebody had again accessed the home.
7. We tried toenter the basement and found the door wasbarricaded, not
locked, from the inside. We were concerned that whoever had been accessing the home was
inside, sowe called the police.
8. When the police arrived, they agreed with usthat it wasvery likely that
somebody wasbarricaded in the basement The police tried tocoax the person tocome out,
but without success.
9. When the police declined tobreakdown the door, Dr. Merlissdid so. The
police looked inside and discovered the defendant, Zachary Coughlin, and hisdog.
10. Coughlin came out peacefully, went upstairsand wasplaced under arrest
by the police for trespassing:
However, RPD Officer Carter's Narrative, on page 3 of 3 from his November 14th, 2011. Report
writes that: "Matthew has been to the house several times over the past week and has
observed evidence of someone coming and going. Today he was at the house and found the
basement door to be locked from inside.
Matthew contacted Richard who responded and called the police.
Sgt Lopez and I knocked on the basement door and announced loudly "Reno Police" and
called out for Zachary to open the door. We were met with no response. Matthew decided he
would kickthe door open, and did so.
I entered the doorway of the basement and found Zachary standing at the rear of the room
holding a small dog.
He was hesitant to come out and eventually did so."
Hill's Derlaratinn rontains nnthinn abniir this "rplurtanrp" RPD Officer Carter mpntinns
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Page 18 of 26
Further, Hill's Declaration makes no mention of Merliss's noticing anything at the property or
any trips by Merliss to the property, in marked contrast to RPD Officer's Carter writing that
"Matthew has been to the house several times over the past week and has observed evidence
of someone coming and going." Additionally, Merliss picked up my dog and held it in his
hands close to his body and demanded that I let him have it and the RPD Officers did nothing
about it, further, Merliss was taunting me during the arrest demanding I give him some more
eye contact'', accusing me of costing him $20,000 for the informed consent wrong site legal
surgery that was Hill's billing of $20K in a Summary Eviction Proceeding where JCRCP 3 and
NRS 69.030 preclude an award of fees, etc. Notice Hill's Declaration only writes that the police
tried to coax the person out" but clearly does not corroborate RPD's Carter's assertion that the
RPD announced itself as police prior to the door being kicked down. Hills Written Statement
that the eviction papers were "served" by the WCSO "leaving them on the door" is a violation
of NRCP 11 and leaves him and his client liable for the wrongful arrest and defamation that
occurred incident to RPD's actions.
Zach Coughlin, Esq.
817 N. Virginia St. Sr2
Reno, NV 89501
tel 775 229-6737
Fax: 949 667 7402
ZachCoughlinghottnail.com
Nevada Bar No: 9475
" Notice
,
. This menage and accompanying documents era covered by the electronic Communications Privacy Act. 18 U.S.C. f 2110.2121. and may contain
confidential information intended for the specified individual (a) miry. If you are net the intended recipient or m agent nsrponakilei for delivering it to the intended
recipient, you are hereby notified that you have received this document in error led that
any
review, disternioatioa, copying, or the taking of any action hued on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named recipient
-
Wand may contain information that is
privileged, attorney work product ex exempt from disclaimer. under applicable few. if you are not the intended recipientiti, you are notified that any
discieoure, cepyiny, distribution or any action taken er 4mittwel to he taken In reliance on the contents of !hie information is prohibited and may be
unlawful. if you receive this message in error, or are net the earned recipientle), Piffle nOtifY H
ie
lender, delft' this 'mhil item
your
cemPeieii tad
destroy any copies in any form inernediatefy. Receipt by anyone other than the named reciplent(s) is not a waiver of any attorney-client, work product, or
other applicable privilere.
FW: 121 River Rock
From: Zech Coughlin (zacheoughlinghotmaitcorr)
Sent Sat 12/1 711 1 12:15 AM
To: hal!n-dd 9 reno.g cv; hownrdkills-eno.gov; robertspepreno.gov, renomunlrecordsalrenia.gov, hsztett-stevenscereno.gor, puenteslaw@aol.com
Unbelievable. The Idea that exculpating evidence is being withheld under some "lien" is transmitted into the universe, next thing I Know, my law office
is broken in to ano the Richard R. Hit gang is stil assert ng a lien on property that was stolen, In my opinion, as a result of their own negligence, leaving
a window air conditioner unit
a window, without even putting a window jam between the top of the sill and tower pain, facing a sidewalk a block
from the La.cemill Lodge and across from City Center Apartments, great Great. And 1stil, have not been faxed or appropriate.y Served the Order and
Contempt Order I was told would be faxed to me.
ZacF. Coughlin, Esq,
817 N. Virginia St. 02
Reno. NV 89501
tel: 775 229-6737
tram: zacncougatin
http://by
148
w.bay
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8.mail.live.com/mail/PrintMessages.aspx?cpidscc595d46-b764-4d56-... 2/2/2012
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To: 84599357-307e-4bdb-93ac-65c32ba From: zachcoughlin 2-16-12 8:10am p. 28 of 35
Hotmail Print Message Page 19 of 26
fax 949 667 7402
ZachCoughiin@,hotinail.c Orn
Nevada Bar No: 9473
NotIce This moulage and accompanying documents we covered by the electronic Communications Privacy Act. 18 U.S.C. 23104521,and may contain
confidential information intended for the specified individual (a) only. 'lyres Sr. not the intended recipient or en agent responsible for delivering it to the intended
recipient,you are hereby notified that you have received this document in error and that any review, dissemination,copying,or the taking of any action based on the
contents of this information is ntrictly prohibited. This message Is confidential, Intended only for the named reciptentros and may contain inforniation that is
privileged, attorney work product or exempt from disclosure under applicable itiw. If you we net the intended recipient(s), yeti are notified that any
disclosure, copying, distribution or any action taken or omitted to be taken in fellow en the centrists of this information is prohibited and may be
unlawful. If you receive this memoir, in error, r are net the named
recipient([),
please notify the sender, delete this from year computer, and
destroy any copies in any fern immediately. Receipt by anyone ether then the
named
reeipient(s) Is net a waiver of any ottemey-client, work product, or
other applicable privilege.
From: zachcoughlin@holmaitcom
To: ccibaker@richardhil law.corrr, kniel sen@richandhillaw.com; sgallaghtergitrichardhillaw.corn
Subject: RE: 121 River Rock
Date: Wed,14 Dec 201115:43:38 -0800
Dear Mr. Baker,
I drove by the property recently and saw you had added boarding up the front door on very, very recently. Unfortunately,your client and your firm,
despite *Ping up some $1,060 for "securing" the property on top of charging $900 for storage for what could fit inside a 1.0x20 foot storage shed,
never once providing an inventory, and contributing to a wrongfui arrest and defamation causing me and my clients great damage, failed to take even
basic steps to secure the property, despite rry making numerous written requests that you do so, including, but net limited to, taking the damn window
unit a;r conditioner out of the window facing the sidewalk on the side of the house very close to the damn La hernill Lodge, or even putting a strong
stick in between the bottom sliding window pain and the top of the sill to prevent someone from simply pushing in the window unit air conditioner and
pushing the window up to gain access. Further, a blanket that was on the orange circular couch is clearly [nth, flower bed in front of the house.
Additionally, there are reports that someone with your office gave someone a mattress from the inventory of Coughlin Memory Foam (a Nevada
licensed business located at the property) and an expenslve mattress platform hen clearly been damaged and placed in the flower bed as well, in
adcition to one of the wooden porch shades being removed from the front porch. You and your client are, of course, liable for all of this.
Sincerely,
Zacn Coughlin, Esq.
817 N. Virginia St. N2
Reno, NV 8950t
fax: 949 667 7402
ZachCoughlinia,hotreeil.com
Nevada Bar No: 9473
*. Ned ce This mange and accompanying documents 'recovered by the else won it Can emote at ions Privacy Act. 18 U.S.C. 2510-2521,end may contain
confidential information intended for the specified individual (a) only. If you are not the intended recipient or an agent responsible for deliveries le tothe intended
recipient,you are hereby notified th it you have received this document in error end the any review,dissemination,copying,or the taking of any action bared on the
contents of this information is strictly prohibited. This messse is confidential, intended *say for the named recipients) and may contain information that is
privileged, attorney work product or exempt from disclosure under applicable laW, if you WO net ter intended recipient(s), you are notified that any
disclosure, copying, distribution or any action taken or omitted to be mesa in reliance as the contents of this information a prohibited and may be
unlawful. you receive this message in .......... , or off sot the named recipient(cl, please notify Of sender, delete this email from year computer, and
destroy any copies in any form immediately Receipt by anyone other than the mined recipient(s) is oat a waiver of any attorney-client, work product, or
other applicable privilege.
From: cdbakerCurichardhillawcom
To: zachcoughtinifehotmailcom
CC: rhillerichardhillaw.com
Subjed: 1.21 River Rock
Date: Wed, 14 Dec 2011 13:50:02 -0800
http ://by 148w. bay148. mail. live. com/mail/PrintMessages. aspx ?opids=c e595d46-b 764-4d 56- 2/2/2012
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To 81599357-307e-1bdb-93ao-65c32ba
Hotmail Print Message Page 20 of26
Mr. Coughlin:
The River Rock property has been broken into. We believe the break-in occurred sometime on Monday, December 12, 2011. There appear to be Items
missing, including the TV in the living room, perhaps* computer monitor, and perhaps some stereo equipment. I can't tell what else. The contents of
the residence appear to have been rifled through.
I am providing you with this :nformation as a courtesy. This email does NOT tiortatitute permission for you to go to the River Rock property.
Casey D. Baker, Esq,
Richard G. Hal, Chartered
652 Forest Street
Reno, Nevada 895og
Phone: (775)348-0688
Fax: (775)34
8
-
0
858
Email: odbacertaricrLardhi law.com
coramturt.u, krrouhev WeitX PROMO': ATTORNEY-0-1arl" PRMLECE
This "-mart Iry contain la g.11y prkiiisood or ecotOlarstid Ma matron. If you en not tn. Intends:I roc print prams donor reed, ropy, use. or rimed osa tars owner. *Won to onyx, a other then the
Intended redden ',you have rataivad th's rnaria001 r era, pra no *sunder end dean the mail mauve earn you r !yam Thank you
arculw 230 Noett
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need to communicate with you regarding my requests

. .. .
From: Zech Coughlin (zachcoughEnaihotmaLcorn)
Sent: Mon 12/26/11 3:52 PM
To: puenteslaw@aotcom
Dear Mr. Puentes,
I called you just now and !eft a message. I have received nothing from you in regard to my written requests for action on your part and for information
in connection with the matter for which you are attorney of record RMC 11. CR 221.85 21
Please respond in writing.
Sincerely,
Zach Coughlin, Esq.
817 N. Virginia St. 82
Reno. NV 89501
fel: 775 229-6737
fax: 949 667 74 02
ZachCoughlute,hotmail.corn
Nevada Bar No: 9473
Nal oe

This m carnage and aCc company ing documents are covered by the elect= ic Communications Privacy Act, 18 U.S.C. 2510-2321, and may contain
confidential information intended for the specified individual (a) only. If you a
r
e not the intended recipient or en agent responsible fardelivering it to the intended
http
.
Ay148w.bay148.maillive.com/mail/PrintMessages,aspx?cpidsce595d46-b764-4d56-... 2/2/2012
Fr= zachcoughlin 2-16-12 8:10am p. 29 of 35
00840
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recipient, you are hereby notified thatyou have received 'litdocument in emu end tilog my review, dissemination, copying. er the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message to confidential, intended only for the named recipients) and may contain information that is
privileged, attorney work product or exempt from dieckerre under oppiicable law. if you are not the intended recipient(s), you are notified that any
: disclosure, copying, distribution or any action taken or emitted to be teas $i Widget as the contents af this information is prohibited and may be
Ufli0WiUt if yen receive this message in error, yr are not the named reeipleet(e), please ratify the sender, delete this e-mail front your computer, and
destroy any aloft: in any form immediately. Receipt by anyone other ethos the geared recipient(s) Is not a waiver of any attorney-client, work product, Sr
other applicable privilege.
scope of representation
Frora. Zech Coughlin (rad^ cough:intanoterialLcom)
Sent: Fri12130/11 10:36 PM
To: puenteslawVaocorn
Dear Mr. Puentes,
Please move for acontinuance immediately in thismatter, set for trial on January 10th, 2011. You
assured me in person at our meeting at your office that you would be able toget onc, and I definitely
want and need one, and RMCR indicatesthere are certain deadlinesfor moving for one, which I have
already asked you todoin writing.
I am upset that you slammed down the telephone ended our telephone conversation abruptly when we
spoke yesterday, immediately after I asked you toprovide something in writing outlining the scope of
your representation ofme. I wish for you toprepare and tile (after receiving expressprior written
authorization from me upon review ofyour drafts) the Motion toSupressand Motionsin Limine I
previously request that you file, in addition tosubpoening Dr. Merliss, Richard Hill, both RPD Officers
at the scene ofthe trespassing arrest, and asubpoenaducestecume tothe Law Office ofRichard Hill,
the RPD, and Dr. Merlissdemanding any and all documentation and or mediaat all connected with this
matter in any way. Further you indicated that you had not even attempted toview the discovery
produced by the RenoCity Attorney, nor did you have any interest in seeing anything I might have to
show you. That wasenormously upsetting tome, asany sentient human being might reasonably be
expeeted toanticipate. Please note my new address. Please file aconflict motion seeking tomake the
RenoCity Atty recuse itselfin light K fthe conflictsofinterest incident tothe variousarrestsand torts
against me committed by the RPD and RenoCity Attorney.
Sincerely,
Zach Caughliri, Esq.
1422 E. 9th St.
Rena, NV 89501
tel: 775 338 8118
fax: 949 667 7402
Zacheoughlirtehotrnail.com
Nevada B NO: 94 73
' Notice' This message end encamp enying documents tee covered by the electronic Communications Privacy Act, le 2510-2521. and may contain
confidential information intended for the specified individual (a) only. If you are not the intended recipient or as agent responelrie for delivering it to the irlended
recipient, you are hereby notified thee you have received dais document is error seed that any review, dissemination, copying, or the taking of any action based on the
contents of this information it dried)
,
prohibited. This message it confidential,intended only for the retuned recipient(s) and may contain information that is
privileged, attorney work product or exempt frem disclosure under appticable law. If you are not the intended reclpient(s), you are :matted that any
disclosure, copying, distribution or any action [alone or omitted to be taken in reliance on the contents of this Information is prohibited and may be
unlawful If you receive this message in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and
destroy any copies in any form hewn ediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
ether applicable privilege.
new address for me
imam ask:istniuvpuu 4
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1C viumu JU UL JJ
http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=ec595d46-b764-4d56-... 2/2/2012
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Hotmail Print Message Page 22 of26
From: Zech Cough/In (zechtoughlinti9hotmeitcorn)
Sent: Sot 12/31/11 132 AM
To: puerteslaweaoLcom
Zach Coughlin, Esq.
1422 f. 9th St. 42
RENO, NV 89512
tel: 775 338 8118
fax: 949 657 7402
ZachCough1in@hotrnail.com
Navadallar No: 9471
Foe re Thir me age sod sccornparlyielg docaremt. me covered by drr eltherome Commonicaouni Snooty Act IS U.S.0 25144521,4E1da.. cession conadenba Lawmen intended lathe
specified indvi el. Wooly. If you are net ib. into:tiled redpient or en teem raponr.tla fix claiming it to the iambed recipioni,you Ir. hereby necifiati tam you burs retie ed thi r Zoom ine inerr or and thz
any rsyl 0", ay ani naa cc,ecessioc,a the mining of any Notion bandoa the caesium of thit infoxmaro ie 4n Ilyprahisesd This noun* to can tiding !of, hi nal clod ealy for thr named reciphend
and may contain frifortnat fon that is pp/wined, attom,ywark predict or tempt fromtittelosury undor applicable low. if you are not the, intended frdprent Of, you ere
notified Met any chadosuro, copying, distribution or eny cation, token or catbird to be Nikon at oonono. on the contonts .f this Information be prohibited end may he
unlawful. if yea recirtur this manage 5, error, or .re not the nomad roPpiont(0, phrase noti fy the wonder, delete this email fromyour compute', and destroy any replies in
any formimmodietoly. Receipt by anyone othor than the nomad rodpient(e) is not a we N One ottiernIVonent. War* Pre add', err ether
0
01'
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,

Pendency of Criminal Prosecution as Ground for Continuance or Postponement
of Civil Action Involving Facts or Transactions upon which Prosecution Is
PredicatedState CasesPendency of Criminal Prosecution as Ground for
Continuance or Postponement of Civil
From: Zach Coughlin echcoughli MEPhotme itcomit
Sent Sat 12/31/11 8:14 Pm
To: puenteslawanniconn
2 attachments
jell ti me ctn. nsal sixth amendment possioility misdemeenor.odf MR), fifth amendment right clod proceeding parallel.pdt (2.13 MB)
Pendency ofCriminal Prosecution asGround for Continuance or Postponement ofCivil
Action Involving Factsor Transactionsupon which Prosecution IsPredicatedState
Cases...37 A.L.R.6th 511 (Originally published in 2008)
;please find that ALR attached, perhapsit speakstothe resgestae and or stay during the pendency ofthe
civil appeal we discussed visavisthe criminal trespasscharge
Zach Coughlin, Esq.
1422 E. 9th St #2
RENO, NV 89517
tel: 775 338 8118
fax: 949 667 74 02
Z achCoughlinehotmail.c gm
NevadaBar No: 9473
' Heti in. This ns name sod accesuathaing doeumenth es. monad by the lb.:U.34k Cann.. talons Prieto As t. IS V.S.C. 251C 2321. a droop contin coaldentia Screens.. nem-lard for the
meth fi rd indithelsol (a .4.
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fa Soli email 44 I pan ipitmledrecipina you on hereby e4,fied that you hove meas. thes doW,SItat .1 err or sodas
any reai w,Mel stein.. m,ccpyini, or the rising of asy maim nat. OA ha crotosts of this informa l. is nutty prohibited This AMMO ft V confisiontiel, innindod only for the named rye
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(a) and may contain Orlon-no t foft that h attilned, attorney we At predict en exempt from dircierure under opplloobitt few. if yea re net the Intended rocipiehtN,
you are
notified that any disclosure, copying, distribution or any action token an arnittod to a token in ',rip's., on the correents of this inferrnotion ft prahltritod and may be
unloorful. If you receive this manage In errs,, Or on not at nand nrapiont(s), pleas', notify the under, delete this oththerf fromyour computer, and denrey any copies or
ern hurt larmidtottlY. Receipt by Meant Other than the name+ todolont3114not o waiver of sarong/nor silent, work product, or other Iiilliteabit Dayllne.
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Is Roberto Puentes on Youtube.com? also more motivation for you in this case
From: Zech Coughlin (zachcough I nn/hotmail.com)
Sent: Sat '.2/31/11 9:19 M
7o: puenteslawtBaol.com
10 attachments
Lego! malpractice jr defense of criminal prosecution.pdf ( 6.7 MB), Public Defender's Immunity from Liability for Male rectice.pdf (43 MB),
process server fraud harass lrespess,pcff (3.1 MB), fCircumstances giving rise to prejudicial conflict of interests between criminal detendaritocif
(2,7 MB) , rxib Sc defender liability.edf (2.2 MB) , conflicts with PUBLIC DEFENDER Pa PLOYEES.ractf (2.0 MB) , Civil liability of attorney for abuse
of process process server trespass fraudtssif (1925.1 KB), process server abuse harem tress pass.prtf (1816.5 KB), Trespass state prosearton for
unauthorized entry or occiipetIon, for public demonstration punnoses, of business. Industrial, or utility pre mls es.pdf (339,5 KB), SUBPOENA TO
TES GEV AT A HEARING OR TRIAL IN A CRIMINAL CASE,pdf (281.9 KB)
Hi Mr. Puentes,
I know you have repeatedly told me you could care lesstowatch any youtube.com videos, regardlessof
whether they prove my innocence or whatever, however, I thinkyou might need towatch some ofthese:
httolAwswiyoutubeicorniresultst
search query= nevadaircourt+services8tocia nevada4court+services&ao=fetzeliia&actirr &qs sm=e&cis up1=18133081013556119115 019I011)3111137510,1.4.1:6

0
It seems Nevada Court servi 03S., which shares an office and a receptionist with the former appointed public defender for this case representing me, Lew
Take!, Esq, who departed from RMC Rules by failing to file a Motion :o Withdraw when ha sought to and faired to disclose the conflict of interest that
he failed to prevent his taking on my case and reviewing ultra personal informat'on, that is oirectly connected to the subject matter of thefit
i
gation
from wh
i
ch the conflict arises as well as the defense of the suit you and he have both appeared as attorney of record in, this trespass case, I don't think
you are on any of the videos, but there are so many ultra zealous documentary filmmakers these days that I cannot be sure.
Anyways, Lew Taite, as I nave indicated to you in writing, is listed as "associated with" Nevada Court Services, on their website, with his picture. They
share and office and a receptionist, and perhaps otners staff, in the office across from the former Cnocolate Bar, PERHAPS MOST IMPORTANTLY OF
A-L, AND SOMETHING I WANT YOU TO LITIGATE AGGRESSIVELY (CLIENT CONTROLS MEANS AND OBJECTIVES OF A LITIGATION, WHETHER
APPOINTED ATTORNEY LIKES IT OR NOT) IS THAT NEVADA COURT SERVICES, INCLUDE /TS PROCESS SERVER JOEL DU:WEIN, CAN BE SEEN
TRESPASSING ONTO MY PROPERTY AND OTHERWISE ASSAULTING, HARASSING, AND VEXING ME, BEHIND MY BACK GATE, NO LESS IN THE VIDEOS
FOUND AT THE LINK ABOVE.
PLEASE DISCLOSE ANY CONFLICTS OR PREVIOUS WORKING RELATIONSHIPS YOU HAVE WITH ANY OF THE RENO CITY ATTORNEY, RPD, RENO
MUNICIPAL COURT STAFF, RICHARD HILL, OR ANY OTHER INDIVIDUALS W
I
TH WHOM YOU HAVE HAD PRIOR DEALINGS AND THEREFOR MAY
PRESENT A SITUATION WHERE A CONFLICT OF INTEREST ARISES.
Sincerely,
Zech Coughlin, Esq.
1422 F. 9th St 47
RENO, NV 69512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlinghotmail.corn
Nevada Bar No: 9473
e iroei This m. uaa t iu d eccompriytng documents are coo we t ty the tie otronit Comnonttinme Pn v cry Art IS Ur S.C. 15 2510.2521, as contort :eat dentist ittrom eon intended torn.
specified in divi fuel (I} only. If you nee loathe Lotto de .1 re ciptntt or in .erne rap:eat* Fe deli...nu it to the intendAd recipient. you u c h ersloy oceified that you Peas ...ea. d chit loam r n t in era red ch le
any review, dm onioth co. copying. or the gating of any .rim bated on the content. of Me is on is finctly prohtbtl a This message is son). bloat 1, intended only the nor. d nrdpfene
(a) and .eY (*Melo bfenketIok that is prIuneged,attorney work praciP at as ft 6,0 ;rem drieloswe woofer epplIers bit taw.If you rk net the intended recipient M,you are
mulled that any disciosuir,copying,dtstilicution or any action Cake!, Of OfnitOff, to he tekta I, ',Honey on the contrnif of this tnformotten if prohibited and may be
urolowful.tf you forth
,
.Otto f hr awe,,or or.net the mimed mdpiont(s),players notify the sender,dotter this front your awry:weer,and dos- tee)
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any 1..0 StYntielolfiy.Catalpa by anyfn ores,than the named nelpronow ar net mayor of any otrainoythsni,waste pad:alai,at ad: of spplicoisht pristine
,
.
Zach Coughlin has shared a folder with you.
. . . .. .
From' Zech Coughlin (zachcoughlintehotmeilcorn)
Sent: Thu 1/05/12 8:22 AM
Pi.
http://byI48w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=cc595d46-b764-4d56-... 2/2/2012
00843
00843
2-16-12 8:10am p. 33 of 35
Page 24 of 26
To: 84599357-307e-9bdb-93ac-65c32ba
Hotmail Print Message
To: puenteslawspaol.com
Dear Mr. PUentes, Please let the know, in wetting, the slabs of the Makin For COntitittancli
you
Indicated
you
would both Ate and which You kit uu
re
would be obtained, either through written stipulation with opposing counsel of by Order of the RMC
Zach has 14 tiles to share with you on SkyDrive. To view them, click the links below.
zach's arrest 001 avi
zach's arrest 002.avi
zach's arrest 003.avi
zach's arrest 004.avi
zach's arrest 005.avi
zach's arrest 006.avi
zach's arrest 007.avt
zach's arrest 008,avi
$
zach's arrest 009avi
111 zach's arrest 010.W
zach's arrest 011..avi
zach's arrest 012.avi
MI zach's arrest 013.avi
zach's arrest 014.al4
Download all
Share your files with I. Sktinfier,
video of trespass arrest
From: Zech Coughan tzachcoughlInEuhetrnall.corre
Sent Thu 1/05/12 8:43 AM
To: puent eslowPao Lc am
1 attachment
zoo's arrest 009.flv (10A MB)
https://skydrive.live.comiredir.asoecid.43084638f3211,28titresid54,3084638E32F5F2St1G524parid#43084638F32FSF2811178rauthIcer IACPWS0194trtcY
Dear Mr. Fuentes,
Please provide an indication, in writing, as to the status of the continuance of the upcoming trespass trial, which you indicated would be obtained.
Sincerely.
Zech Coughlin, Esq.
1422 E 981 St *2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlinehotmail.com
Nevada Bar No: 9473
From: zachcoughlin
http://by148w.bay148.mail.live.com/mail/PrintlYlessages.aspx?cpidscc595d46-b764-4d56-... 2/2/2012
00844
00844
from: zachcatighlifi 2-16-12 8:10am p. 34 of 35
To: 84539357-307s-4bc1b-93ac-65c3Zba
Hotmail Print Message Page 25 of 26
. Notice. Mit omen. end accompnyins documents are covered by the al...sic Comemeecni car PriVIICY Act. IS U.S.C. 54 2510-2321. end na ey canine .n.Bdrot el inf.. ni.n intended for the
tpecifie4 iedin (e) only. It you On not the intended re iiiient or toagent trioponnlalt far dstivenes it to the i:timcleel recipient,you we neneEY k.tiled the Y. hens received thi e document. err.o4d;har
,y revive. cSieeminee co,reeling. or tie Wang of any SMm hued n,he eon anu of this iot.om.taa it ie,uyy pr.hihited TMs mOSSIS! t conifd"tolt guttudtrig only for Oho
,
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,
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(s) endmiry porde(/' h jorntetten that 110 preetterjud, attorney week proctdst or KegY.f /Yein dteyfeaurt under 4ppiftwitle taw. 11 you an nee Of Int truOrrd t, you ore
not tiled O. any dlsolssurtr, copyrni, drat db.!
.
tgbe or any natl. taken or 9/Mired if bY005.001 5,. ft Ilene, an Oho content! of thin Information to prahlkriter f and may be
unlawful. If yet, recall+. Obis mosso ye ........... , or ore net the named todoltnt0), plenty entlify the sender, Wets tit&e-bnalg from your computer, end destray any etudes In
.y tenet invberrt tory, beaegpe by anyone nth., than oho rwrnod nenprent(eJ to net Wat.01 of any aft emty.ehent, work ',reduce, or .th.r ePPgrtabgt Prglg(elY
another video of the arrest which lacks anyone telling Coughlin to leave or
seeking to issue a citation in lieu of custodial arrest
From: Zech Coughlin (zacti co ugh li p@hotm 20,com)
!
Sent: Thu 1/03/12 3:26 PM
To: ouentesleMPOOLCOmt
1 attachment
zach
L
s war 03 3 J. Y Lt f,.2 M5)
Zach Coughlin,Esq.
1422 E. 91h St. *2
RENO,NV 89512
Lel: 775 338 8118
fax 949667 7402
ZachCoughlin@hotruttil.com
Nevada B ar No: 9473
' Nottre nit mono,. wool ace.Ipsnyi na doe uterut let toots.' by it. tied.Ylit C..rounicnioot Privacy -gal. l011. 5625m-2521.
,
icamm mciic fm the
tee ci fie d indivi dal (i) on:y. If 1,00 on .40u dedre ei pi ant or in.lent reepon fcr delivering is to theiater4e4 rutin eel,you trektraby ani6ad that you hoe; nesived 4i. tiotommat in cr. and Ihn
any review,&nor...,"wine,a,the Wt.; of Any aecim breed oa comente Seim Leto. Li. it eiricUy prohlbited. This ~seep. is eanitrInntreg, Intended only far thy natend reerygent
(s) and may contorn sa formatter that Is privileged, attorney walk practice or trerribt tramaltralature undo opplkable navy If you to not the intended rteprent (0, you aro
n. 'fuel char any ensalasuta, capylnit, dlnrlbutln it any felon taken or orntretal re be taken en rottener on Oh. Lenetnrir al the, on! stab elan Is prithilettd and may be
uniewfvf,if you rtrovIvo this rnoosag* Pt rror, or re not the morrows/ redstIont(o), please notIhr th render, delete this ounoll porn your computer, and destroy tiny cepfer In
*Ay /0101Irrosbodletly. Recolpt by onyen eau., than the named no dplent(s) Ir not e w.N.r of dry ottornoycIliont, work product, or et .r 1I ppliChle PlNif.110.
ARRESTED FOR JAYWALKING BY RENO PD
From: Zech Coughlin (ischcoi.,ghli ri0D hotm el .com)
Sent: Fr: 1/13/12 7:49 AM
To: peteeastrnenVgme:Lcom: tcoughlinmdathctmelicorn; marybarkbarkipyol.ao.com; carcaughster@grmaiLccm; melfsse,'.0oa@grnall.co n;
tjhlawaeschelon.com; geofnilesaphotmakcom; teddyjamies2519gmall.com; jgoodnig MaTweshoecounty.us; puenteslawalsolcorn
1 atteohmeri
SUPPLEWNIALREPLY re CPPOSIlION Co35
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051 09 1 13 12.pdf (152.9 KB)
NevadaCourtsServicesCEO JeffChandler drove by the scene while I wasin the patrol ear. I am suing
NevadaCourt Servicesincident totheir trespassing intomy backyard and banging on windowsand
ringing doorbellsin teamsfor 40 minutesat aclip three timesaday on Richard HillsbehalfMr.
Puentes, asmy court appointed defender in the trespassaction against me (arrested at Richard Hill's
behest by an RPD Officer would said Hill payshim money) you recently informed me you have tiesto
NevadaCourt Servicesand Lew Taitel, the court appointed defender whom mysteriously wasable to
withdraw from my representation prior toyour involvement despite not filing amotion in compliance
with RenoMunicipal Court Rules, nor any Order granting such awithdrawal being filed. Can you
clarify your, in your words"extremely close relationship with Lew Taitel" and your "business
relationship" with NevadaCourt Services?
Sincerely
http://by148w. bay148.mail
, li ve.corn/mail/PrintMessages.aspx?cpids=cc595d46-b764-4-d56-... 2/2/2012
00845
00845
To: 84599357-307e-4odb-93ac-65c32ba From: zachcoughlia
Hotmail Print Message
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2-16-12 81113ara p, 35 of 35
Page 26 of 26
Zach Coughlin, Esq.
1 422 E.9th St #2
RENO, NV 8951 2
te1 : 775 338 81 1 8
fax: 949 667 7402
ZachCoughlin@hotrnail.com
NevadaBar No: 94 73
" Nati c." Mi. macaw and macornp payi rig don urn anti Ka C.VCiid by do did:noir Comrhumninar Ptivtcy Act 13 SI. 25111-2521. Lading! gontin twirl ihnai al in form .cmlo ion dad fdi the
epeesf ad in din ( s) rf ycy.art et the in titular/ rtupimt or an agent rtepaniibia fcr rs lititritig it to As atandrd racipi spa you arch c reby notified that you hair. lacidatd &coolant in err or ndthe
arty MV1.W, chid miinaa an, c vying. do We taking of any action bared on the conunti of des r information is atrial, proltibitad This mew,. Is conjtehmttol, intended only for the mined recipient
(s) end mey wrack, In feriemtion that Is is/Mitred, et!. miry went predict er econgst f dkelesvrt under 'polka bit few. If you .re not the Intended recipient(:), you ere
net Mod diet ony diSdosum, copyIng, distritwtion or any organ token or omitted to be token in regency el CA* no:tents of this infornwtIon is prehlbited and may be
unfewhil. If yes reerive this:messes' in error, or in net IAr awned rrdpfent(s), Otiose notify the sends r, de to re tilts vmel fromyour computer, end destroy say cook's in
any farmPrimedla try. Receptby anyone other then the named re cgs gra (r) it not I weirer of any ettornerclient, work product, or other opplicrbie privilege.
http://by148w.bay148 , mail.live.com/mail/PrintMessages.aspx?cpidscc595d46-b764-406-... 2/2/2012
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hereby certify this as a true and correct copy of the
records of the Reno Municipal Court, Reno, Washoe
the orl8=1:
Nevada, and that the Clerk of the Court Is the amtocke of lie
original record and that lam to filakithie
RE
By
3-05-12 10:56am p. 1 of 40 From zachcoughlia
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To:1699dc9c-69b1-4598-880-30dd36e
9. "
Document Code:
Zach Coughlin
Nevada Bar No: 9473
1422 E. 9
th
St. #2
Reno, NV 89512
Tel 775 338 8118 e: - -
FILED
RENO MUNICIPAL COG
)
; I
2012 MAR -5 AM 11 I '
DEPUT Y
Fax: 949-667-7402
Attorney for Pro Se Attorney Plaintiff Denied Sixth Amendment Right to Counsel
IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
CITY OF RENO;
PLAINTIFF, Case No:11 CR 26405
VS.
ZACH COUGHLIN; Dept No: 2
DEFENDANT.
NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
COMES NOW, Defendant Zach Coughlin, by and through himself asco-counsel to
Defendant and filesthe above title document on hisown behalf.
LEGAL AltGUMENT
Memorandum of Law in Support of Motion to Dismiss the Complaint
Introduction
The defendant, Zach Coughlin ( "Coughlin") is charged with criminal trespass under
the Reno Municipal Code ( RMC) .
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The factual allegations in the complaint are to the effect
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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To 1699ac9c-69b1-4598-80f6-30dd36e From: zachcoughllm 3-05-12 10:56am p. 3 of 40
Reno Municipal Code section 8.10.010, provides in relevant part: Every person who ...
willfully goes or remains upon any land or in any building after having been warned by the
owner or occupant thereof not to trespass is guilty of a misdemeanor.
A. The criminal trespass complaint fails to establish probable cause because it fails to show
any notice or service of the written ORd er for Summary Eviction was conducted in a lawful
manner and not too soon and thus void..
For these reasons, the criminal complaint must be dismissed.
I realize you will likely not read all of this. The main thing is I am respectfully requesting that
you confirm with Deputy Machem that he did, in fact, "personally serve" the Summary Eviction
Order on me at 121 River Rock St., Reno 89501 on November 1, 2011 at 4:30 pm, in connection with
performing the lockout. It is my position that I was not "personally served" and I am trying to figure
out whether Deputy Machem is lying or whether the phrase "personally served" means something
other than what I believe it means, etc., etc. I appreciate your attention to this.
I am writing to inquire about and complain with regard to an Affidavit of Service filed by or for WCSO Deputy Machem
with respect to the service of a Order Granting Summary Eviction against me (in my law office where non-payment of
rent was not alleged, no less in violation of NRS 40.253 and where a $2,275 rent escrow deposit was foisted upon me in
violation of 40.253(6), especially where a stay of eviction was not granted even while the RTC held on to most all my
money...).
My issue with the WCSO is that Machem's Affidavit of Service indicates that he "personally served" me, which kind of
reminds me of all that robo-signing and MERS fraud I come across in my day job (and do you wonder how many
attorneys in the foreclosure defense game I am in constant contact with who are watching and witness the potential RICO
violations this writing mentions?), which includes being a foreclosure defense attorney. So which is it? Did Machem
"personally serve" me the Summary Eviction Order? Richard G. Hill, Esq. likes to argue that I was "served" in
compliance with all time related rules because it was done in the "usual custom and practice of the WCSO. What, exactly,
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NOTICE OF APPEARANCE AS CO- COUNSEL AND MOTION TO DISMISS
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AP Oul.A.JAMAZAAAA,APARAdAOAN,AAVAAAAJA
To 1599a0c-69b1-4598-88f6-30dd36e

From: zachcoughllo 3-05-12 10:56aa p.2 of40
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that both counts occurred on the same date, at about the same time, and in the same
general vicinity. Each count, though, involved a separate incident.
Jana Breckenridge was operating a vehicle that had been traveling each on West Street,
approaching the intersection of Blake Avenue and had the right of way. Coughlin's vehicle failed to
stop fo the stop sign and entered the intersection. Breckenridge's vehicle was forced to take evasive
action and steerred to the right, causing the vehicle to sideswipe a fire hydrant .... Coughlin failed
to stop for the accident , ...Jana Breckenridge complaint of pain to her legs and was transported to
All Saints Hospital by Rescue.
With regard to the second incident, the complaint alleges:
Coughlin's vehicle continued east and went through the red light at the intersection of north
Memorial Drive and West street, Stratrnen, who had been operating a vehicle owned by Micks Auto
Parts southbound on North Memorial Drive, was struck by Coughlin's vehicle .... Ernesto
(Coughlin) then ran from the vehicle leaving the secene of the accident.. , A passenger in
Coughlin's vehicle, X.H. . complained of pain to his neck and back and was transported to All
Saints Hospital by Rescue.
Finally, the complaint alleges that Ernesto Coughlin was interviewed by police and said tha
he ran from the vehicle because, "Ernesto stated that his brother, X,H., did not want him
arrested for an accident and told him to run."
Argument
I. The complaint must allege sufficient facts within the four corners, when viewed in a commo
sense manner, to establish probable cause to believe that the defendant committed the offens
alleged. Here, the complaint is deficient the trespass charge RMC 8.10.010.
A criminal complaint must meet probable cause requirements to confer personal jurisdiction. State v
White, 97 Wis. 2d 193, 197, 295 N.W.2d 346, 347 (1980). A criminal complaint is a self-contains
charge that must set forth facts within its four corners that are sufficient, in themselves or togethe
with reasonable inferences derived therefrom, to allow a reasonable person to conclude that a crime
was probably committed and that the defendant is probably culpable. State v. Haugen, 52 Wis. 2
791, 793, 191 N.W.2d 12, 13 (1971). If the criminal complaint fails to establish probable cause, the
court does not obtain personal jurisdiction, and the charge must be dismissed. The crimina
complaint, however, is not to he read in a hypertechnical sense but, rather, is to be reviewed on a
reasonable basis applying ordinary common sense. Stare v. Gaudesl, 112 Wis. 2d 213, 219, 332
N.W.2d 302, 305 (1983). Therefore, the facts alleged and the inferences that may be drawn fro
them must be sufficient to establish in a common sense way that there is probable cause to believe the
defendant committed the offense charged. See id.
Here, the complaint purports to allege that Coughlin violated RMC's trespass statute 8.10.010 The
elements of that offense are Elements ofthe Crime That the State Must Prove
- 2 -
NOTICE
OF APPEARANCE AS Q0-COUNSEL AND MOTION TO DISMISS
00849
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3-05-12 10:56am p. 4 of 40
To 1699ac9c-69h1-11598-88f6-30dd36e
isthe "usual custom and practice ofthe WCS07 I hear alot about this"within 24 hours" stuff. So, I gohunting for some
blackletter law tosupport what those at the RTC and in the cluelesscommunity at large (which often includesNevada
Legal Servicesand Washoe Legal Services, the people you guyshad such trouble actually serving in the lawsuitsI filed,
which may have actually helped improved legal servicesin thiscommunity, ifthey were not dismissed due to
insufficiency ofservice ofprocess, even where the FP required the WCSO toserved the defendants...). Anyway, backto
the "within 24 hours" phraseology: "
Thiswhole businessabout "The court may thereupon issue an order directing the sheriffor constable ofthe county to
remove the tenant within 24 hoursafter receipt ofthe order..." isinapplicable tothissituation, where an Order Granting
Summary Eviction wassigned by October 27th, 2011. That language isonly found in situationsinapplicable tothe
current one. NRS 40,253(3)(b)(2), and NRS 40.253(5)(a) are the only sectionsofNRS 40 where this"within 24 hours"
language occurs, and those situationsonly apply where, in:
40.253(3)(b)(2): " 3 A notice served pursuant tosubsection 1 or 2 must: ...(b) Advise the tenant: .... (2) That ifthe court
determinesthat the tenant isguilty ofan unlawful detainer, the court may issue asummary order for removal ofthe tenant
or an order providing for the nonadmittance ofthe tenant, directing the sheriffor constable ofthe county toremove the
tenant within 24 hoursafter receipt ofthe order"
and,
40.253(5)(a): "5. Upon noncompliance with the notice: (a) The landlord or the landlord'sagent may apply by affidavIt of
complaint for eviction tothe justice court ofthe township in which the dwelling, apartment, mobile hom e or commercial
premisesare located or tothe district court ofthe county in which the dwelling, apartment, mobile home or commercial
premises are located, whichever hasjurisdiction over the matter. The court may thereupon issue an order directing the
sheriffor constable ofthe county toremove the tenant within 24 hoursafter receipt ofthe order." The way these summary
eviction proceedingsare being carried out in RenoJustice Court presently shocksthe conscience and violatesNevada
law. There isnot basisfor effectuating alockout the way WCSO'sDeputy Machem did in thiscase. The above two
sectionscontaining the "within 24 hoursofreceipt" language are inapplicable, asthose situationsdonot invoke the
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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Frot: zachcolghlin
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3-05-12 10r55an p. 5 of 10 To1699ae9c-69b1-4598-88f5-306:136e From: nchcoughlin
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present circumstances, where the Tenant did file an Affidavit and did contest thismatter toadegree not often seen. To
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require Nevada'stenantstoget up and get out "within 24 hours" of"receipt ofthe order" (what doesthat even mean? The
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use oftermslike "rendition", "rendered", "notice ofentry", "pronounced", isabsent here, and this"receipt ofthe order"
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language issomething rarely found elsewhere in Nevadalaw-see attached DMV statutory citations, and in employm ent
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law litigationswhere one must file aComplaint within 90 daysof"receipt" ofaRight ToSue Letter, asituation which
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followsNRCP 5(b), and NRCP 6(e) in imputing receipt ofsuch aletter, when actual receipt isnot shown, by applying a
"constructive notice" standard that reliesupon the daysfor mailing extension oftime for itemsserved in the mailing,
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etc.). In Abraham v. WoodsHole Oceanographic Institute, 553 F.3d 114 (1st Cir. 2009), the record did not reflect when
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the plaintiffreceived hisright-to-sue letter. The letter wasissued on November 24, 2006. The court calculated that the 90-
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day period commenced on November 30, 2006, based on three daysfor mailing after excluding Saturdaysand Sundays.
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In order tobring aclaim under either Title VII or the ADA, aplaintiffmust exhaust administrative rem ediesand sue
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within 90 daysofreceipt ofaright tosue letter. See 42 2000e-5(f)(1). See Baldwin County Welcome Center v.
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Brown, 466 U.S. 147, 148 n.1, 104 S.Ct. 1723, 80 L.Ed.2d 196 (1984)(granting plaintiffan additional three daysfor
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mailing pursuant ioRule 6)...."
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19 Dear Washoe County SheriffsOffice,
2C
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http://en.wikipedia.orgiwilci/Service_of_process
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"Substituted service
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When an individual party tobe served isunavailable for personal service, many jurisdictionsallow for slibstituted service.
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Substituted service allowsthe processserver toleave service documentswith another responsible individual, called a
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person of suitable age and discretion, such as a cohabiting adult or a teenager. Under the Federal Rules, substituted
service may only be made at the abode or dwelling of the defendant.[4] California, New York,[5] Illinois, and many other
United States jurisdictions require that in addition to substituted service, the documents be mailed to the recipient151
Substituted service often requires a serving party show that ordinary service is impracticable, that due diligence has been
made to attempt to make personal service by delivery, and that substituted service will reach the party and effect notice.
l51"
I am pretty sure "personally served" means you served the person in person, not that a person named Mechem went and
posted a notice on a door, personally himself. See, I think you guys are thinking of the "person" in the word personally as
applying to the server, when in all instances I have ever seen it used in the law, the "person" part of "personally' applies
to the person being served. Help me out here, Mary.
https://skydrive.liv e .c om/redir.aspx?cid-43084638132f5128&resid-43084638F32F5F2811897&pari&root
Also, does the WCSO have a position on what type of service is required of eviction orders prior to the WCSO or
whoever does it, being able to conduct a lockout?
http://www.leg.state.nv.us/courtrules/nrep.
NRCP RULE 60. RELIEF FROM JUDGMENT OR ORDER.. (e) Default Judgments: Defendant Not Personally Served.
When a default judgment shall have been taken against any party who was not personally served with summons and
complaint, either in the State at Nevada or in any other jurisdiction, and who has not entered a general appearance in the
action, the court, after notice to the adverse party, upon motion made within 6 months after the date of service of written
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notice ofentry ofsuch judgment, may vacate such judgment and allow the party or the party'slegal representativesto
answer tothe meritsofthe original action, When, however, aparty hasbeen personally served with summonsand
complaint, either in the State ofNevadaor in any other jurisdiction, the party must make application tobe relieved from a
default, ajudgment, an order, or other proceeding taken against the party, or for permission tofile an answer, in
accordance with the provisionsofsubdivision (b) ofthisrule.
Okay, so, really, you guysdothisfor aliving, right-you serve people thingsand sign Affidavitsunder penalty of
perjury and stuff, and you are telling me you believe "personally served'' can included situationswhere the person wasnot
there? Okay ..... You doknow that, like, aSummonsand Complaint need tobe "personally served" in the sense that, say
Mechem, would need tosee that person and serve it on them (I don't thinkthey have totake the paper, they don't need to
agree toaccept service, but Machem doesneed tosee that person, in person, personally when he isswearing under
penalty ofperjury that he "personally served' somebody. Usually "personally served" isonly done in the case ofthe first
thing filed (unlessthere isan IFP) in acase, the Summonsand Complaint, Thereafter, typically, people just effect
"substituted service" because itscheaper, lessofahassle, and "personal service" isonly required for serving the pleadings
that start acase, the Summonsand Complaint. Wow....0kay, sothisismy whole point, these state sponsored lockouts
under color ofstate law should not be being done sofast, unlessyou guys"personally serve" the tenant, I feel the law is
quite clear, you have toeffect "substituted service" which, under NRCP 6(a) and NRCP 6(e) andNRCP 5(b)(2) (and
NRCP, not JCRCP isapplicable toeviction mattersaccording toNRS 118A) the tenant cannot be deemed tohave
received or constructively received the Order until the 3 daysfor mailing haspassed.
Personal service by processserver
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Personal service isservice ofprocessdirectly tothe (or a) party named on the summons, complaint or petition. In most
lawsuitsin the United States, personal service isrequired toprove service. Most statesallow substituted service in almost
all lawsuitsunlessyou are serving a corporation, LLC, LLP, or other businessentity; in those cases, personal service mus
be achieved by serving (in hand) the documentstothe "Registered Agent" ofabusinessentity. Some states(Florida) do
not require that the documentsactually be handed tothe individual. In Californiaand most other states, the documents
must be visible tothe person being served, i.e., not in asealed envelope. Ifthe individual refusestoaccept service, flees,
closesthe door, etc., and the individual hasbeen positively identified asthe person tobe served, documentsmay be
"drop" served, and it isconsidered avalid service. Personal service ofprocesshasbeen the hallmarkfor initialing
litigation for nearly 100 years, primarily because it guaranteesactual notice toadefendant ofalegal action against him or
her. Personal service ofprocessremainsthe most reliable and efficaciousway toboth ensure compliance with
constitutionally imposed due processrequirementsofnotice toadefendant and the opportunity tobe heard. [2]^ The
National Law Review: The Continuing Relevance ofPersonal Service ofProcess
And even ifsomething indicatesCoughlin "knew" about the Order, much like in the case ofCoughlin'sthat was
dismissed where the Washoe County Sheriffsdidn't manage toget the 'personal service" ofthe Summonsand Complaint
done in time, or "sufficiently", opposing counsel in that matter could tell you that "actual notice" isnot asubstitute for
compliance with the service requirements.
Which isnice because folkslike Richard G. Hill, Esq. have lessofan opportunity togame the system and swoop in with
lockout then assert abunch ofhooey about NRS 118A.460 "reasonable storage, moving, and inventorying expenses"
subjecting the tenantspersonal property toahen. Richard G. Hill insisted on throwing away the last thing my beloved
grandm other gave me before she died 2 yearsagoin the town dump. He and hiscontractor lied about somany things,
including the fact that they used my own damn plywood toboard up the backporch ofthe property, then submitted abill
tothe court in an exhibit for $1,060 for "securing" the property (which doesn't really apply toNRS 118A.460's
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"reasonable storage moving and inventorying expenses" like it isrequired to...further, the charged me $900 amonth for
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storage and sent me abill for such prior tomy arrest for trespassing at the 121 River Rocklocation,... well ifthey charged
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me $900 tohave ahome law office there, then how isit someone could be trespassing ifthey are being charged the full
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rental value for "use and occupancy ofthe premises"? Further, even ifit wasastorage situations, there are sectionsof
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NRS 118A devoted toevicting someone from astorage facility, not arresting them for trespass, and certainly not a
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custodial arrest where the RPD Officer Carter and Sargent Lopez admit they never issued awarning tome or asked me to
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leave prior toconducting acustodial arrest (which required $800 ofbail, great!, and 3 daysin jail, noless). Thisis
especially poor form where Officer Carter admitted tome that he takesbribesfrom Richard Hill. Hey, ifOfficer Carter
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did not say that tome, goahead and sue me, my man...Tm waiting..... that'swhat I thought.
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He can say he wasoking all he wants, but it ain't nojoking asssituation tome when you are arresting me and causing a
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google search result for my name toshow an arrest....that'sdamaging the only thing I have ofmonetary value (my
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professional reputation and name). It ain't nostand up hour when you are putting me in cuffs, bro. And Officer Carter and
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Sargent Lopez refused toproperly query Hill astowhether he had sent me, prior tothe trespassing arrest, abill for the
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"full rental value" ofthe property, avalue that, at $900, wasthe same charge for the full "use and occupancy" ofthe
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premises. And Richard G. Hill, Esq. wastoobusy chortling and filling out the Criminal Complaint tobother setting them
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straight, despite my cues, I guess.
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Now, add tothat malfeasance the fact that Judge Sferrazzalet Casey Baker, Esq. prepare the Order, which means
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faithfully put towriting what the Judge announced, not attempt tosteal $2,275 for your Californian Beverly HillsHigh
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School graduate neurosurgeon client by slipping in something the judge never said, ie, that the neurosurgeon getstokeep
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the $2,275 that Judge Sferrazzaorder the tenant topay intothe RenoJustice Court asa"rent escrow' deposit required to
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preserve the right tolitigate habitability issues. Now, nevermind the fact that Judge Sferrazzaactually did not have the
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jurisdiction torequire that (there isnot JCRLV 44 in Reno, that'saVegasrule, and ifRenowantsarule like that ofits
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own JCRCP 83 requiresthe RIC topublish it and get it approved by the NevadaSupreme Court first period.). Okay, so,
totake it astep even further, Baker'sorder goeson tosay "but the $2,275 won't be released tothe neurosurgeon yet,
"instead that sum shall serve assecurity for Coughlin'scost on appeal, pursuant toNevadaJCRCP 73...". But wait, doesn't
that mean Coughlin then getsaStay ofEviction during the pendency ofthe Appeal? Isnt' that wasasecurity that large
must be for? Because the "Appeal Bond" isset by statute at only amere $250....soholding on to10 timesthat much of
Coughlin'scash must have been for the "SupersedeasBond" mentioned ayielding one aStay ofEviction in NRS 40.380
and 40.385.
I know, I know, itsconfusing because actually those sectionsforce the landlord, hisattorneysand the RIC tochoose
between viewing Coughlin as aresidential tenant whose rent islessthan $1,000, and whom therefore isonly required to
post ameasly supersedeasbond of$250 (and remember, asupersedeasbond equalsastay ofeviction equalsnot
trespassing) or the the other choice istoview Coughlin asacommercial tenant, which would allow charging ahigher
supersedeasbond (except for that pesky part about hisrent being under the $1,000 required by the statute todoso, his
rent being only 5900), except, dam it, old Richard G. Hill, Esq. and Casey Baker, Esq. elected topursue thissummary
eviction proceeding under aNoCause Eviction Notice, which isnot allowed against acommercial tenant (le, you can't
evict acommercial tenant using the summary eviction proceduresset forth inNRS 40,253 unlessyou alllege non payment
ofrent and serve a30 Day Non Payment ofRent Notice ToQuit, which they didn't because they "are just taking the path
ofleast resistance here, Your Honor (insert their smug chuckling and obnoxious/pretentious"can you believe thisguy?"
laughter and head shaking...).
NRS 40.380 Provisionsgoverning appeals. Either party may, within 10 days, appeal from the judgment rendered. But an
appeal by the defendant shall not stay the execution ofthe judgment, unless, within the 10 days, the defendant shall
execute and file with the court or justice the defendant'sundertaking tothe plaintiff, with twoor more sureties, in an
amount tobe fixed by the court or justice, but which shall not be lessthan twice the amount ofthe judgment and costs, to
the effect that, ifthe judgment appealed from be affirmed or the appeal be dismissed, the appellant will pay the judgment
and the cost ofappeal, the value ofthe use and occupation ofthe property, and damagesjustly accruing tothe plaintiff
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during the pendency ofthe appeal. Upon taking the appeal and filing the undertaking, all further proceedingsin the case
shall be stayed.
So, why on earth isthe City Attorney'sOffice still trying totry Coughlin on the trespasscharge for which he endured a
custodial arrest and for which old Richard Hill isstill filing Motion'stoShow Cause on in the appeal ofthe summary
eviction matter in CV11-03628? Why, oh why? Doesthe RenoCity Attorney'sOffice have some sort ofvested interest in
keeping Coughlin down, busy, besotted, encumbered, or otherwise? It, why, it couldn't be because Coughlin hasareally
good wrongful arrest cause ofaction against the RenoPolice Department, could it? http;//www.youtube.com/watch?
v=5PR7q4015b0
And, well, yeah the Washoe County SheriffsOffice didn't quite get those Summonsand Complaintsserved in that one
case Coughlin wassuing hisformer employer in, the one where Coughlin wasgranted an Order toProceed In Forma
Pauperis, which required the Washoe County Sheriff'sOffice toserve the Summonsand ComplaintsBut what. doesthat
have totowith the 6 daysCoughlin spent in jail on the arrest shown in the youtube videoabove? Itsnot like the Washoe
County jailed videotaped ascene where they were forcing Coughlin toget naked and put on agreen dress. What'sthat? It
is? They did dothat? Really? No...What? They alsoforced him tosimulate oral and anal sex with deputies, in the guise of
some ridiculous"procedure" necessary toinsure Deputy safety? Oh, wow. And they retaliated against him for failing to
answer their religiouspreference interrogation questionsby placing him in an icy cold cell for hoursat atime, refusing
him medical care despite hisplaintive criesfor help, while wearing athin t-shirt? Wow. They didn't jam ataser needle in
hisspine for extended periodsoftime, though, did they? Your kidding! Whatsnext, your going tell me Sargent Sigfree of
the RenoPD ordered acustodial arrest on Coughlin for "jaywalking" while Coughlin waspeacefully filming, from a
public spot, Richard G. Hill'sfraudulent contractor Phil Howard destroying and taking tothe town dump itemsof
enormoussentimental value toCoughlin that he wasprevented from retrieving from the property during the scant time he
was allowed to (after he paid $480 worth ofalien for what he knew not, because, despite, ol' Contractor Phil'sfraudulent
$1,060 bill for "securing" the backporch (with screwsfacing the outside, inexplicably, and awindow unit a/c left in the
window facing the sidewalknear the Lakem ill Lodge, secured by nothing but duct tape
It iskind ofacomboneon sign that says"Burglarize thisPlace, Everybody("), Coughlin'sformer home law office was
burglarized on December 12, 2011 while Richard G. Hill washolding itscontents(including, tackily, Coughlin'sclients
tiles, like the onesfor the foreclosure defense actions, etc.), asserting his"lien". A lien for "storage" where the charge for
storage, $900, wasthe same asthe charge for "full use and occupany" was. However, that 5900 amonth for "storage" also
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from: zachcoughlin
00857
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,.. ,p14 , ...ell4ePs.1.4
,
001....1*,}1..,
,,
..N.1
,

To: 1699ac9c-69131-1598-880-30dd36e from: zachcoughl1n
3-05-12 10:56am p. 12 of 40
included another $1,060 charge for "securing" (and that bill actually listed "fixing aleakin the basement...neither of
which seem tohave much todowith the "reasonable storage, moving, and inventorying" expensessuch alien isprovided
for under NRS 118A.460....). Jeez, your probably going totell me Sargent Sigfree ordered another custodial arrest on
Coughlin just twodaysafter the jaywalking arrest, for the same fact pattern that Master Edmondson granted Coughlin's
applicationsfor ProtectionsOrdersagainst based upon the battery and assaultsthat hisformer housematescommitted,
Because, Sargent Sigfree thinksits"misuse of911" for Coughlin tocall when he returnshome at night and hisdog has
mysteriously disappeared, and hishousematesmake menacing commentary about it. Surely, Coughlin, aformer domestic
violence attorney would have nothing helpful toadd toSargnet Sigfree'sexpert opinion that "animal abuse isnot
domestic violence" (tell that toNRS 33.010, Sarge) and that its, rather, "amatter for animal control" and that Sargent
Sigfree was"trying tohelp" Coughlin by arresting him, again, and necessitating the $1,500 bail associated with the gross
misdemeanor charge, "Misuse of911" because, asSargent Sigfree told Coughlin 'you keep putting yourselfin situations
where you are victimized" soit wasnecessary toarrest Coughlin in that regard.
But hey, at least NV Energy hasn't refused tolet Coughlin get any electrical service for the past weeksince those
with the Protection Ordersagainst them cancelled the service and NV Energy shut it off, without providing any notice to
Coughlin, right. Nevermind. But...but surely when NV Energy shut ofthe power toCoughlin'shome law office on
October 4th, 2011, just hoursprior tothe bad faith "inspection` with videographer ofCoughlin' shome law office that
Casey Baker, Esq. thought sovery necessary one day before Coughlin'sTenant Answer wasdue...surely NV Energy did
not leave the backgate toCoughlin'shome law office open and speed off, Coughlin'sbeloved mountain bike suddenly
missing (the one the parentsofhisgirlfriend of5 yearsgave him)? Well, NV Energy isprobably not retaliating against
Coughlin for complaining about that by refusing him electric service for the past seven days, you wculd have toassume....
NRS 40.385 Stay ofexecution upon appeal; duty oftenant whoretainspossession ofpremisestopay rent during stay.
Upon an appeal from an order entered pursuant toNRS 40.253:
1.Except asotherwise provided in thissubsection, astay ofexecution may be obtained by filing with the trial
court abond in the amount of$250 tocover the expected costson appeal, A surety upon the bond submitstothe
jurisdiction ofthe appellate court and irrevocably appointsthe clerkofthat court asthe surety'sagent upon whom papers
affecting the surety'sliability upon the bond may be served. Liability ofasurety may be enforced, or the bond may be
released, on motion in the appellate court without independent action, A tenant ofcommercial property may obtain astay
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ofexecution only upon the issuance ofastay pursuant toRule 8 ofthe NevadaRulesofAppellate Procedure and the
posting ofasupersedeasbond in the amount of100 percent ofthe unpaid rent claim ofthe landlord.
2. A tenant whoretainspossession ofthe premisesthat are the subject ofthe appeal during the pendency ofthe appeal
shall pay tothe landlord rent in the amount provided in the underlying contract between the tenant and the landlord asit
becomesdue. Ifthe tenant failstopay such rent, the landlord may initiate new proceedingsfor asummary eviction by
serving the tenant with anew notice pursuant toNRS 40.253.
NRS 40.390 Appellate court not todismissor quash proceedingsfor want ofform, In all casesofappeal under NRS
40.220 to40.420, inclusive, the appellate court shall not dismissor quash the proceedingsfor want ofform, provided the
proceedingshave been conducted substantially according tothe provisionsofNRS 40.220 to40.420, inclusive; and
amendmentstothe complaint, answer or summons, in matters of form only, may be allowed by tine court at any time
before final judgment upon such termsasmay be just; and all mattersofexcuse, justification or avoidance ofthe
allegationsin the complaint may be given in evidence under the answer.
NRS 40.400 Rulesofpractice. The provisionsofNRS, NevadaRulesofCivil Procedure and NevadaRulesofAppellate
Procedure relative tocivil actions, appealsand new trials, sofar asthey are not inconsistent with the provisionsofNRS
40.220 to40.420, inclusive, apply tothe proceedingsmentioned in those sections.
But, backtothe SheriffsOffice, And, I am not really buying the ideathat you guysdon't know NRCP 4 through 6 like
the backofyour hand, but.... hell, maybe you don't. But, clearly the language in NRS 40 about how the Sheriffmay
"remove tenant from the property within 24 hoursofreceipt ofthe Order" donot apply where the Tenant filed aTenant's
Answer and showed up tothe Hearing and litigated the matter. Especially where, ashere the lease had not terminated, by
itsterms, but wesrather renewed. Thisisparticularly true where NRS I 18A preventssoterminating aholdover tenant's
lease for aretaliatory or discrim inatory purpose.
NRCP 4: "(d) Summons: Personal Service. The summonsand complaint shall be served together. The plaintiff
shall furnish the person making service with such copiesasare necessary. Service shall be made by delivering acopy of
the surconsattached toacopy ofthe complaint asfollows:...(6) Service Upon Individuals. In all other casestothe
defendant personally, or by leaving copiesthereofat the defendant'sdwelling house or usual place ofabode with some
person ofsuitable age and discretion then residing therein, or by delivering acopy ofthe summonsand complaint toan
agent authorized by appointment or by law to receive service of process. [As amended; effective January 1, 2005.] (e)
Same: Other Service. (1) Service by Publication. (i) General. In addition tomethodsofpersonal service, when the person
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From: zachcoughlla
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To: 1699a0c-691) 1-4598-88f5-30dd36e
on whom service istobe made residesout ofthe state, or hasdeparted from the state, or cannot, after due diligence, be
found within the state, or by concealment seekstoavoid the service ofsummons, and the fact shall appear, by affidavit, to
the satisfaction ofthe court or judge thereof, and it shall appear, either by affidavit or by averified complaint on file, that
acause ofaction existsagainst the defendant in respect towhom the service istobe made, and that the defendant isa
necessary or proper party tothe action, such court or judge may grarit an order that the service be made by the publication
ofsummons. Provided, when said affidavit isbased on the fact that the party on whom service istobe made residesout of
the state, and the present addressofthe party isunknown, it shall be asufficient showing ofsuch fact ifthe affiant shall
state generally in such affidavit that at aprevioustime such person resided out ofthisstate in acertain place (naming the
place and stating the latest date known toaftiant when such party soresided there); that such place isthe last place in
which such party resided tothe knowledge ofaffiant; that such party nolonger residesat such place; that affiant doesnot
know the present place ofresidence ofsuch party or where such party can be found; and that affiant doesnot know and
hasnever been informed and hasnoreason tobelieve that such party now residesin thisstate; and, in such case, it shall
be presumed that such party still residesand remainsout ofthe state, and such affidavit shall be deemed tobe asufficient
showing ofdue diligence tofind the defendant. Thisrule shall apply toall manner ofcivil actions, including those for
divorce"
Subject: RE: WCSO Deputy Machem's"personally served" Affidavit of11/1/2011
Date: Tue, 7 Feb 2012 11:40:39 -0800
From: I, Stuchell(4.w ashoe county. us
To: zachcoughlin@hottnail.com
CC: mkandaras@da.washoecounty.us
Mr. Coughlin,
Our recordsindicate that the eviction conducted on that day waspersonally served by Deputy Machen by posting acopy
ofthe Order tothe residence. The residence wasunoccupied at the time.
Liz Stuchell, Supervisor
WCSO Civil Section
From: Zach Coughlin [mailto:zachcoughlin@hotmail.corn]
Sent: Monday, February 06, 2012 2:58 AM
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From: zachcoughlin
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To: 1699ac9c-69b1-4598-88f6-30dd36e
To: Stuchell, Liz; Kanclaras, Mary; nvrenopd@coplogic.com ; Silva, Roxanna; kadlicj@reno.gov;
fourthestate@graail.com jamesandreboles@msn.com
Subject: WCSO Deputy Machem's"personally served" Affidavit of11/1/2011
Dear LA Supervisor Stuchell and DDA Kandaras,
I realize you will likely not read all ofthis. The main thing isI am respectfully requesting that you confirm with Deputy
Machem that he did, in fact, "personally serve' the Summary Eviction Order on me at 121 River RockSt., Reno89501 on
November 1, 2011 at 4:30 pm, in connection with performing the lockout. It ismy position that I wasnot "personally
served" and I am trying tofigure out whether Deputy Machem islying or whether the phrase "personally served" means
something other than what I believe it means, etc., etc. I appreciate your attention tothis.
I am writing toinquire about and complain with regard toan Affidavit ofService filed by or for WCSO Deputy Mechem
with respect tothe service ofaOrder Granting Summary Eviction against me (in my law office where non-payment of
rent wasnot alleged, nolessin violation ofNRS 40.253 and where a$2,275 rent escrow deposit wasfoisted upon me in
violation of40.253(6), especially where astay ofeviction wasnot granted even while the RJC held an tomost all my
money...).
My issue with the WCSO isthat Machem'sAffidavit ofService indicatesthat he "personally served" me, which kind of
remindsme ofall that robo-signing and lvfERS fraud I come acrossin my day job (and doyou wonder how many
attorneysin the foreclosure defense gani e I am in constant contact with whoare watching and witnessthe potential RICO
violationsthiswriting mentions?), which includesbeing aforeclosure defense attorney. Sowhich isit? Did Machem
"personally serve" me the Summary Eviction Order? Richard G. Hill, Esq. likestoargue that I was"served" in
compliance with all time related rulesbecause it wasdone in the "usual custom and practice ofthe WCSO. What, exactly,
isthe "usual custom and practice of the WCSO? I hear a lot about this "within 24 hours' stuff. So, I go hunting for some
blackletter law tosupport what those at the RIO and in the cluelesscommunity at large (which often includesNevada
Legal Servicesand Washoe Legal Services, the people you guyshad such trouble actually serving in the lawsuitsI filed,
which may have actually helped improved legal servicesin thiscommunity, ifthey were not dismissed due to
insufficiency ofservice ofprocess, even where the IFP required the WCSO toserved the defendants...). Anyway, backto
the 'within 24 hours" phraseology: "
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Frew, zachcoughlin
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3-05-12 10:56am p. 16 of 40
Tel 1694a.c9c-59b1-4558-813f6-30dd36e
Thiswhole businessabout "The court may thereupon issue an order directing the sheriffor constable ofthe county to
remove the tenant within 24 hoursafter receipt ofthe order..." isinapplicable tothissituation, where an Order Granting
Summary Eviction wassigned by October 27th, 2011. That language sonly found in situationsinapplicable tothe
current one. NRS 40.253(3)(b)(2), and NRS 40.253(5)(a) are the only sectionsofNRS 40 where this"within 24 hours"
language occurs, and those situationsonly apply where, in:
40.253(3)(b)(2): " 3. A notice served pursuant tosubsection 1 or 2 must: ...(b) Advise the tenant: .... (2) That ifthe court
determinesthat the tenant isguilty ofan unlawful detainer, the court may issue asummary order for removal ofthe tenant
or an order providing for the nonadm ittance ofthe tenant, directing the sheriffor constable ofthe county toremove the
tenant within 24 hoursalter receipt ofthe order"
and,
40.253(5)(a): "5. Upon noncompliance with the notice: (a) The landlord or the landlord'sagent may apply by affidavit of
complaint for eviction tothe justice court ofthe township in which the dwelling, apartment, mobile home or commercial
premisesare located or tothe district court ofthe county in which the dwelling, apartment, mobile horn anr comm ercial
premisesare located, whichever hasjurisdiction over the matter. The court may thereupon issue an order directing the
sheriffor constable ofthe county toremove the tenant within 24 hoursafter receipt ofthe order." The way these sum:nary
eviction proceedingsare being carried out in RenoJustice Court presently shocksthe conscience and violatesNevada
law. There isnot basisfor effectuating alockout the way WCSO'sDeputy Machem did in thiscase. The above two
sectionscontaining the "within 24 hoursofreceipt" language are inapplicable, asthose situationsdonot invoke the
present circumstances, where the Tenant did file an Affidavit and did contest thismatter toadegree not often seen. To
require Nevada'stenantstoget up and get out "within 24 hours" of"receipt ofthe order" (what doesthat even mean? The
use oftermslike "rendition", "rendered", "notice ofentry", "pronounced", isabsent here, and this"receipt ofthe order"
language issomething rarely found elsewhere in Nevadalaw-see attached DMV statutory citations, and in employment
law litigationswhere one must file aComplaint within 90 daysof"receipt" ofaRight ToSue Letter, asituation which
followsNRCP 5(b), and NRCP 6(e) in imputing receipt ofsuch aletter, when actual receipt isnot shown, by applying a
"constructive notice" standard that reliesupon the daysfor mailing extension oftime for itemsserved in the mailing,
etc.). In Abraham v. WoodsHole Oceanographic Institute, 553 F.3d 114 (1st Cir. 2009), the record did not reflect when
the plaintiffreceived hisright-to-sue letter. The letter wasissued on November 24, 2006. The court calculated that the 90-
day period commenced on November 30, 2006, based on three daysfor mailing after excluding Saturdaysand Sundays.
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From: zuhcoughlin
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3-05-12 10:55am p. 17 of 40
To 1699ac9c-69b1-4598-80/5-30d06e From: zachcoughlin

In order tobring aclaim under either Title VII or the ADA, aplaintiffmust exhaust administrative remediesand sue
within 90 daysofreceipt ofaright to sue letter. See 42 U.S.C. 2000e-5(f)(1). See Baldwin County Welcome Center v.
Brown, 466 U.S. 147, 148 n.1, 104 S.Ct. 1723, 80 L.Eclid 196 (1984)(granting plaintiffan additional three daysfor
mailing pursuant toRule 6).
Further, despite what the inaccurate handoutsofNevadaLegal Servicesmay say about this"24 hours" and the
applicability ofthe ICRCP tocaseslike these, NRS
40.400 Rulesofpractice, holdsthat :"The provisionsofNRS, Nevada
RulesofCivil Procedure and NevadaRulesofAppellate Procedure relative tocivil actions, appealsand new trials, sofar
asthey are not inconsistent with the provisionsofNRS 40.220 to40.420, inclusive, apply tothe proceedingsmentioned
in those sections. Assuch NRCP 6(a),(e) appliestothe Order ofSummary Eviction that WCSO Deputy Machem alleged,
under penalty ofperjury, that he "personally served" upon me on November 1, 2011. That isalie by Mr. Machem, unless
"personally served" isdefined in arather impersonal way and or Mechem and I have totally different understanding ofthe
definition of"personally served", which may be the case. Or, perhapsthe SheriffsOffice isbusy and doesn't want towait
around to"personally serve" every tenant it wishestoevict. Fine, then just use the "mail it and allow three days" rule in
NRCP 6(e)...the landlord'smight not like it, but they can use that frustration asan incentive not tojump tolitigating every
disagreement about habitability that a tenant bringstothem. You may not realize how ridiculoussome landlord'sget. In
my case, I offered tofix basic thingsthat clearly implicated the habitability rulesin NRS 118A290 and the Californian
neurosurgeon, Beverly Hill High School graduate landlord balked and complained then hired and attorney four daysinto
adispute .... at which point the rulesagainst contacting represented partiesprevented much in the way ofreal settlement
discussion, particularly where opposing counsel hascontinuously demonstrated acomplete indifference topursuing
settlement (why would he at the rateshe billshoursat?). I just don't thinkthe SheriffsOffice needstosully itsimage or
damage the citizen tenantsofWashoe County in the name ofpleasing people like Dr. Matt Merlissor Richard G. Hill,
Esq.
I AM REQUESTING, IN WRITING, THAT BOTH OF YOUR OFFICES INVESTIGATE THIS AND
PROVIDE A SWORN AFFIDAVIT FROM MR MACHEM THAT ADMITS THAT I WAS NOT PERSONALLY
PRESENT WHEN HE SERVED THE ORDER FOR SUMMARY EVICTION IN RJC REV2011-001708 ON 11/1/12
AT 4:30 PM (ACCORDING TO HIS AFFIDAVIT OF SERVICE). YOU NEVER KNOW, I MIGHT HAVE
IRREFUTABLE PROOF THAT I WAS SOMEWHERE ELSE AT THAT TIME, SO, BE CAREFUL. There simply is
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From; lachroughIin 3-05-12 10156aap. 10 of10
To 1699ac9c-69131-4590-88f6-30dd36e
not anything specific in Nevadalaw addressing how such Summary Eviction Ordersare tobe served and carried out. The
sectionsdealing with
NRS 40.253 Unlawful detainer: Supplemental remedy ofsummary eviction and exclusion oftenant for default in
payment ofrent,...
6. Upon the filing by the tenant ofthe affidavit perm itted in subsection 3, regardlessofthe information contained in the
affidavit, and the filing by the landlord ofthe affidavit permitted by subsection 5, the justice court or the district court
shall hold ahearing, after service ofnotice ofthe hearing upon the parties. todetermine the
truthfulnessand sufficiency o
any affidavit or notice provided for in thissection. Ifthe court determinesthat there isnolegal defense astothe alleged
unlawful detainer and the tenant isguilty ofan unlawful detainer, the court may issue asummary order for removal ofthe
tenant or an order providing for the nonadmittance ofthe tenant,..
7. The tenant may, upon payment ofthe appropriate feesrelating tothe filing and service ofamotion, file amotion with
the court, on aform provided by the clerkofthe court, todispute the amount ofthe costs, ifany, claimed by the landlord
pursuant toNRS 118A.460 or 118C.230 for the inventory, moving and storage ofpersonal property left on the premises.
The motion must be filed within 20 daysafter the summary order for rem oval ofthe tenant or the abandonment ofthe
premisesby the tenant or within 20 daysafter:
(a) The tenant hasvacated or been removed from the premises; and
(b) A copy ofthose chargeshasbeen requested by or provided tothe tenant,
t whichever islater.
8. Upon the filing ofamotion pursuant tosubsection 7, the court shall schedule ahearing on the motion. The hearing
must be held within 10 daysafter the filing ofthe motion. The court shall affix the date ofthe hearing tothe motion and
order a copy served upon the landlord by the sheriff, constable or other process server At the hearing, the court may:
(a) Determine the costs, ifany, claimed by the landlord pursuant toNRS 118A.460 or 1180.230 and any accumulating
daily costs; and
(b) Order the release ofthe tenant'sproperty upon the payment ofthe chargesdetermined tobe due or ifnochargesare
determined tobe due....n
I alsowant toknow why NRS 40. 253(8) wasnot followed with respect tomy November 17th, 2011 filing ofa
Motion toContest Personal Property Lien. Why didn't the WCSO serve notice, asrequired by NRS 40.253(8) upon the
landlord'sattorney Richard Hill? Why didn't I get ahearing within the 10 daysc ailed called for by that section (to get
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00864
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Tol 1699ac9c-69b1-45913-88f6-30dd36e From: zachcoughlin 3-05-1a10:56am p. 19 of 40
.
backmy client'sfilesnoless), but rather, I had towait afull 33 daystoget ahearing, and service ofnotice ofthe hearing
wasnot effectuated, asrequired by NRS 40.235(8), by the WCSO, Why?
Please provide an indication, in writing, (lithe nam esand case numbersfor the last 20 incidenceswhen the
WCSO hasserved notice ofahearing set pursuant toNRS 40.253(8). What'sthat? The WCSO hasNEVER served such
notice? Yet the WCSO isthere with bellson (or Mechem is) tolie in AffidavitsofService tolockout the citizen tenants
ofWashoe County imperrnissilby early visavisNRCP 5(b)(2) and NRCP 6(e)? Why isthat? Isit aconspiracy? Does
money talk? When I wasarrested for trespassing on November 12th, 2011 by RPD Officer ChrisCarter and Sargent
Lopez, Carter admitted tome that "Richard Hill payshim alot ofmoney and therefore he arrestswhom Richard Hill says
toand doeswhat Richard Hill saystodo...." Both Carter and Sargent Lopez refused toinvestigate, despite prcmpting,
whether Richard Hill hassent the tenant/arrestee abill or demand letter in bill for the full rental value ofthe property,
S900 per month, under some interpretation ofthe "reasonable storage, moving, and inventorying expenses" collectable by
alandlord under apersonal property line set forth in NRS 118A.460 (one could alsointerpret such abill asHill's
withdrawing or eradicating the Order ofSummary Eviction itself, which wasnot "personally served" by the Washoe
County Sheriff(despite what their Affidavit ofService says...I wasn't even there at the time they changed the locks...and
sothe Summary Eviction Order wasnot properly served under NRCP 6, and despite the RenoJustice Court
impermissibly converting $2300 ofmy money under a"rent escrow" Order itsrequired I comply with in order tolitigate
habitability issuesin asummary eviction proceeding under NRS 40.253, despite NRS 40.253(6)'sexpressdicate against
such an Order (unless, pursuant toJCRCP 83, ajustice court gets such arule, like Justice Court Rule ofLasVegas
(JCRLV) Rule 44, published and approved by the NevadaSupreme Court, which the RJC hasnot, rather, the RJC applies
all these insidioussecret "house rules' (like forcing tenantstodeliver themselvestothe filing office tosubmit topersonal
service notice ofasummary eviction hearing within, like, 12 hoursofthe Tenant tiling aTenant'sAnswer or Affidavit in
response toan eviction Notice, rather than the service requirementsofsuch notice following NRCP 6 (daysfor mailing,
etc., etc., in other words, in the RJC everything issped up imperissilby tohelp landlord'sout, and the NV. S. Ct ruling in
Glazier and Lippisclearly contemplate personal liability against the Court and or Judgesthemselvesfor sodoing)._ A
Qui Tam action or something aisMausert'sin SolanaCounty, I believe, in California, would be very interesting...Still
haven't heard anything from the RenoPD about the variouscomplaintsI have flied with them in writing related tothe
wrongful arrests, excessive force and other misconduct committed against me, though they did arrest me the other day for
calling 911incident tosome domestic violence for which I wasgranted toExtended Protection Ordersagainst my former
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3-05-12 10:55am p. 20 of 40
To: 1599ac9c-69b1-4595-135f6-30dd36e
housemates....old Sargent Sigfree ordered that arrest, es he did two days prior when he ordered a custodial arrest of me f
" j aywa lking " .
Funny thing, I never heard anything back from the RFD about complaints like the following one:
"From:
NvRenoPdgeoplogic.com
Sent:
Wed 9/07/11 10:51 PM
To: zachcoughlinehotmail.com
****DO NOT RESPOND TO THIS E-MAIL****
Were sorry the following problem was found during review
of your submitted report 111005956:
THIS IS NOT THE FORUM FOR THIS TYPE OF COMPLAINT HOWEVER THIS REPORT WAS PRINTED AND
PASSED ON TO THE OFFICER'S SUPERVISOR AND IT WILL BE ADDRESSED_
Thank you,
Officer WOZNIAK,
Reno Police Department"
What is interesting there is that at least I was provided the name of an officer, a "Wozniak" (though I have been unable to
confirm the existence of
such an RPD Officer... or whether " THIS IS NOT THE FORUM FOR THIS TYPE OF COMPLAINT HOWEVER
THIS REPORT WAS PRINTED AND PASSED ON TO THE OFFICER'S SUPERVISOR AND IT WILL BE
ADDRESSED."
What is more strange is that I submitted several online police reports to the Reno PD (a couple of which asserted
complaints against various Reno PD officers, or asked why RDP Officer Carter, whom admitted taking bribes from
Richard G. Hill, Esq. at the time of my custodial arrest for trespassing (the one where Richard Hill signed a Criminal
Complaint for trespass, then Officer Carter and Sargent Lopez refused to follow up on my imploring them to ask Hill
whether he has recently sent me a bill for the 'full rental value" of the property, the same amount that had been charged
for the "use and enjoyment" of the premises, $900, in comparision to what NRS 118A.460 may deem "reasonable
storage" expenses for which a lien is available to a landlord, though NRS 118A.520 has outlawed rent distraints upon
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From: zacheoughlin
00866
00866
To. 1699ac9c-69b1-4558-88f6-30dd36e From: zachcoughlIn 3-05-12 10:55am p. 21 of 40
tenant'spersonal property....Regardless, between January 8 - 12th, 2012, and wasarrested twice by the RenoPD shortly
after submitting these written complaintstothe RenoPD.
Actually, upon being released from jail on November 15th, 2011, incident tothe custodial trespassarrest, I went
toRichard Hill'soffice toget my wallet and drivelslicense. He refused toprovide it tome until late November 22nd,
2011. Hill called the RenoPD on the 15th (or maybe I did because he waswithholding my state issued ID, the one I
would need torent aroom, drive my car, and my wallet, which iskind ofuseful in such situations....). Anyways, Sargent
Tarter ofthe RenoPD showed up, he went inside Hill'soffice with Hill for quite some time and the result wasTarter
telling me toleave. I did, but while driving down St. Laurence towardsS. Virginia(Hillsoffice isat 652 Forrest St.
89503 and would have required turning down the wrong way ofaone way street, Forrest, togobacktoHill'sOffice (so
clearly I wasnot headed toHill'soffice) Sargent Tarter began tailing me, then he pulled me over, then he gave m e a
ticket, in retaliation ifyou askme for reporting RPD Officer Carter admitting that he takesbribesfrom Hill toSargent
Tarter minutesearlier. Uh, well, anyways, another Sargent callsme later that night, taking the 'good cap" role. But upon
informing him ofwhat RPD Officer Carter told me about Hill paying him money toarrest people during the 11/12/11
trespassing arrest, that Sargent immediately informed me that, despite thisbeing the first he heard ofthat, he wassure that
wasnot happening....I guessRPD Officer Carter istrying toexplain away hiscommentsabout Richard Hill paying him
money toarrest people by dismissing them assarcasm, ajoke, said in jest, whatever.... but I don't sec how that situation (a
license attorney getting arrested for acrime, aconviction for which would result in that attorney being required toreport
said conviction tothe State Bar ofNevadaunder SCR 111, etc., and possibly resulting in asuspension ofthat attorney's
license topractice law, or worse...) isall that jocular ofasituation. Combine that with the tooquicktodismissmy reports
ofbribery by Richard Hill toofficer Carter tothe RPD Sargent whocalled me on 11/15/11 regarding the retaliation by
Sargent Tarter that I complained of, and I don't thinkit isall that unreasonable for anyone totake RPD Officer Carter at
hisword regarding Richard G. Hill, Esq. paying him money toarrest whom Hill saystoarrest. Add tothat Sargent
Sigfree ordering my arrest for jaywalking (by atrainee RPD Officer) on January 12th, 2011 (custodial arrest, bail of$160
emptied my bankaccount out, or pretty close toit) while I waspeacefully filming from apublic spot Richard G. Hill,
Esq'scontractor Phil Howard, whom had submitted billsin courtsrecordsand filingsunder the lien for "reasonable
storage moving and inventorying" found in NRS 118A.460, even where old Phil used my own plywood at the property to
hoard up the backporch (curiously leaving the screwsholding up the plywood exposed toexterior ofthe property where
anyone could easily unscrew them, and alsoleaving in awindow unit ac secured only by ducttape in awindow facing a
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00867
00867
From: zachcoughlin 3-05-12 10;56am p. 22 of 40
To: 1699ac9c-69b1-4598-88f6-30dd36e
sidewalkby the LakeMill Lodge....which resulted in $8,000 at least ofmy personal property being burglarized from my
former home law office on Decmeber 12th, 2011 while Hill wasasserting alien on all my personal property found therein
(and my client'sfiles, which arguably are r.ot even my property, but rather, the client'sproperty). Hill went on toplace
what he believestobe my social security number in court records, on purpose, despite hissigning an Affirmation
pursuant toNRS 239B.030 that that wasnot the case (attaching atwopage report tothe RPD asan Exhibit). Then Hill
and hiscontractor Phil Howard both committed perjury when the signed Declarationsattesting that I had climbed on the
contractorstruckor ever touched Hill. Hill liesconstantly, whether under penalty ofperjury or now, soI don't have time
torebut every little lie he makes(he makesme cut tocomesacrossasaYosemite Sam caricature ofahuman being in his
filingswhen he describesale...).
Further, why am I arrested for trespassing and not those from NevadaCourt Serviceswhere they went behind
closed gate the the backyard ofmy home law office and banged on window extremely loudly for 40 minutesat atime 3
timesaday, one guy ringing the doorbell, one guy moving around all other sidesofthe property banging on the windows,
peering in closed blinds, and affecting aphony "color oflawn tone, resemblance, and verbal communications,
misleadingly announcing that they were "Court Services, corn e out nowl", wearing their pretend Sheriffoutfits, big
equipment saddled belts(including firearms, I believe, and radios), etc. ,etc.
http:/fwww.youtube.com /watch?v7,Q132q207DY
Add tothat that NevadaCourt ServicesJeffChandler drivesby in hisMonster Truckbaring hispersonalized "NCS"
license plate while I am in the RPD squad car, handcuffed, outside my former law office at 121 River Rock, at the time of
the 1/12/12 jaywalking arrest and the appearancesare troubling. Now, add tothat that Lew Taitel, Esq. wasmy court
appointed public defender in the RenoMunicipal Court in the trespasscase, and that Judge Gardner had refused to
provide me the namesofprospective appointed defense counsel (I wanted torun aconflictscheck) at my arraignment
(where Marshal Mentzel barked at me in athreatening tone, using menacing language), whereupon Taitel wasappointed
asmy defense attorney and filed anotice ofappearance, and received my confidential fire, pc sheet, arrest reports, san,
etc....only itsturnsout that Taitel sharesand office and areceptionist with NevadaCourt Servicesand they list him and
hispicture on their website as"associated with" their ProcessServer corporation, despite the prohibition lawyersface
against fee sharing with non-lawyers. Then, Taitel somehow managestoget out ofdefending my case without filing a
Motion toWithdraw asCounsel, despite that being required by the RenoMunicipal Court Rule 3(B):
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3-05-12 14:56ia p. 23 of 40
To: 1699ac9c-691:11-4598-811f6-30dd36e From: lacheoughlin
RMCR Rule 3(B): Authorization toRepresent (B): An attorney desiring towithdraw from acase shall file a
motion with the court and serve the City Attorney with the same. The court may rule on the motion or set ahearing.
But, perhapsmost troubling ofall isthe implication that the RenoCity Attorney'sOffice, which defendsactions
against the City ofRenoPolice Department and itsOfficers, hasavested interest in discrediting me in advance ofthe
wrongful arrest lawsuit that the RenoCity Attorney'soffice knew wasimminent at the time ofall ofthe above incidents,
relating tothe following August 20th, 2011 wrongful arrest by RPD Officer'sDuralde and Rosa.
http://www.youtube.com/watch7v=5PR7q40I5b0 So, that'swhat attempting tocoerce asuspect'sconsent toan
impermissible search soundslike? Add tothat that the trespassing case isbefore Judge Gardner, whom most recently was
employed with the RenoCity AttorneysOffice.
And, you know what isfunny? Officer Del Vecchiocuffed me and placed me in hissquad car last summer after
he terrified me and another gentleman whohad bicycles. He veered acrossthe road and screeched hissquad car toahalt,
jumped out, and did some other stuff, then demanded my name and1D...and the lawyer in me didn't like that that much,
and he didn't like me not wanting togive it tohim. Thisoccurred right in front ofmy home law office in the summer of
2011. He cuffed me and told me I wasgoing tojail for something about alight on the front ofmy bicycle (the one NV
Energy' likely stole wher. the shut offmy power, unnoticed, on October 4, 2011) despite my bike actually having such a
light.... but then Del Vecchio'spartner did him asolid and talked some sense intohim, and I humbled it up for Del
Vecchioand we both let it go, and I didn't gotojail ... Until Del Vecchiowaspresent supervising some Officer'straining
at the scene ofmy custodial (9 hour) jaywalking arrest) on 1/12/12. But Del Vecchio, I guesseither didn't want toor
wasn't able totalksome sense intoSargent Sigfree .....and then Sargent Sigfree (the spelling islikely off) had me arrested
and charged with agrossmisdemeanor, 'Misuse of911" just twodayslater, on January 14th, 2011 when I called 911 to
report that my roommateswere laughing menacingly when I asked them why my dog wasmissing (I had also been
chased up tomy room numeroustimessince moving in with these people, something I had todobecause somuch ofmy
money had been taken up with bail or lost earningsdue toall these wrongful arrestsand abuse ofprocessesmentioned
above...alsothese housernateshad chased me with aten inch butcher knife, twoofmy tireswere slashed, I waslocked out
all night on New YearsEven when these changed the locksat around midnight, had my furniture thrown in the street,
property stolen, coffee thrown on me, destroying my smart phone in the process, etc., etc...And despite the housemate
having an outstanding arrest warrant, and animal abuse being listed amongst the elementsofdomestic violence, Sargent
Sigfree told me he wasarresting me because I "keep putting yourselfin these situations", like, where I am avictim, and
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To! 1599ac9c-59b1-4598-88f6-30dd36e Free: zachcoughl in 3-05-12 10:56am p. 24 of 40
that he was"trying tohelp you", he said with asmirkand alaugh tohisfellow RH]) Officers, whom then proceeded to
use excessive force against me. I guesshe washelping me by saddling me with agrossmisdemeanor with a$1,500 bail,
especially where itsbeen arranged for Court Services, or pre-Trial Servicestoforever deny me an OR, despite my
meeting the factorsfor such set forth in statute (30 year resident, entire immediate family liveshere, licensed topractice
law in Nevada, etc., etc)...1 guessit should not be toomuch ofasurprise tome that RenoCity Attorney Pam Roberts
failed toaddressthe perjury ofall three ofher witnessesor that her fellow RenoCity Attorney Christopher Hazlett-
Stevenslied tome about whether or not the RenoCity Attorney'sOffice even had any documentation related tomy arrest
or whether it would in the month before my arraignment, despite that fact that subsequent productionsofdiscovery tend
toindicate that the RenoCity Attorney'sOffice did have those materialsat the time. I could be wrong about some of
thisBut that would require and awful lot ofcoincidences.
Further, the law in our State doesnot seem exceptionally clear with regard tothe service and
processrequirementsand timelines, and manner of calculating time with respect tothe ''receipt" of
Lockout Orders. The Affidavit of Service by Machen statesthat he "personally served the described
documentsupon" my, Zach Coughlin...However, I can attest by Affidavit that I wasnot "personally
served" tothe extent that "personally served" meansor impliesthat I wasthere, that Machen saw me
or identified me, or any of the other indicatorsof something, such asaComplaint, being "personally
served" such asI understand the phrase tome. NRCP 5(b)(2)(A)(i-iii). Further, asBaker and Hill
have sooften pointed out, I cannot, according tothem, receive any attorney'sfee award for appearing
asprose attorney, assuch, NRCP 5(b)(2)(A)(i-iii), should apply tome only asaparty, and not asa
party'sattorney, and, therefore, according toNRCP 5, Service: "(2) Service under thisrule ismade
by: (A) Delivering acopy tothe attorney or the party by: (1) handing it tothe attorney or tothe party;
(ii) leaving it at the attorney'sor party'soffice with aclerkor other person in charge, or if there isno
one in charge, leaving it in aconspicuousplace in the office; or (iii) if the office isclosed or the
person tobe served hasnooffice, leaving it at the
person's dwelling house or usual place of abode
with some person of suitable aee and discretion residing there..." So, either it wasmy office, in
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which case a No Cause Eviction Notice makes impermissible a Summary Eviction Proceeding under
NRS 40.253, and therefore, the Order of Summary Eviction is void for lack of jurisdiction, or, the
Affidavit of Service was on my home, and was not "handed" to me, or "personally served" (despite
the Affidavit attesting to having "personally served" me), nor was the Order of Summary Eviction
served in accordance with NRCP 5(bX2)(AXiii), which requires: "lithe office is closed or the person
to be served has no office, leaving it at the
person's dwelling house or usual place of abode with
some person of suitable age and discretion residing there.."
Further, I believe posting an Order on one's residence door, particularly in the context of serving a
No
Cause Notice of Eviction or Unlawful Detainer, is only valid if the document being served is also
placed in the mail and 3 non judicial days are accorded for service to be complete. See NRCP 6(e). I
do not believe they can prove that at all, not even close. NRCP applies to Summary Eviction
Actions, according to the following:
"NRS 40.380 Provisions governing appeals. Either party may, within 10 days, appeal from the
judgment rendered. But an appeal by the defendant shall not stay the execution of the judgment,
unless, within the 10 days, the defendant shall execute and file with the court or justice the
defendant's undertaking to the plaintiff, with two or more sureties, in an amount to be fixed by the
court or justice, but which shall not be less than twice the amount of the judgment and costs, to the
effect that, lithe judgment appealed from be affirmed or the appeal be dismissed, the appellant will
pay the judgment and the cost of appeal, the value of the use and occupation of the property, and
damages justly accruing to the plaintiff during the pendency of the appeal. Upon taking the appeal
and filing the undertaking, all further proceedings in the case shall be stayed."
Actually, a lot of people seemed confused regarding the "24 hours
-
lockout thing. The only appearance in either NRS
118A or NRS 40, in the provisions applicable to Summary Eviction Proceedings of anything related to "24 hours" is in
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NRS 40.253(5), which only speakstoasituation where the Tenant doesnot file aTenant'sAnswer or Tenant'sAffidavit,
which isclearly inapplicable here, asthe Tenant did file such aOpposition tothe NoCause Eviction Notice: "5. Upon
noncompliance with the notice:
(a) The landlord or the landlord'sagent may apply by affidavit ofcomplaint for eviction tothe justice court ofthe
township in which the dwelling, apartment, mobile home or commercial premisesare located or tothe district court ofthe
county in which the dwelling, apartment, mobile home or commercial premisesare located, whichever has:;urisdiction
over the matter. The court may thereupon issue an order directing the sheriff or constable of the county to remove
the tenant within 24 hours after receipt of the order, The affidavit must state or contain..."
So, absent some statutory provision allowing the Order ofSummary Eviction toresult in a lockout by the Washoe
County Sheriffs Office prior tothe 3days for mailing where personal service ofthe Order ofSummary Eviction was not
effectuated, despite what WCSO employee may have incorrectly (or falsely) asserted in the WCSO's John Machem's
Affidavit ofService from, file stamped November 7, 2011 (especially where it is timestamped 4:30 pm, November 1,
2011, especially where the Order ofSummary Eviction explicitly reads that nosuch lockout shall occur prior to5:00 pm
on November 1, 2011).See, NRCP 5(b)(2)(A)(i-iii), NRCP 6(e).
Interestingly.Richard Hillk,pows his case is toast under NRCP 5(13)C,2)(A)(i-W).NRCP
- I : .. e t, 1 t fir s__ : 1 I A 1_ I i 1,.. lo ' ' Novel .- 0 otion for
Order To_Show cause.on page 2.Hills resorts toliterally grasping _at straws.imagining that
what the Washoe County Sheriff's Office customarily does is somehow automatically codified
intomandatory precedent black letter jaw.Towit Richard Hill wrote in his Motion For Order
ToShow Cause that: "FACTS SHOWING CONTEMPT OF COURT 6.EXHIBIT was _1
served on Coughlin on November " 2011 by the Washoe County SheriffsDepartment, by
posting same on the front door ofthe property in the manner customary for evictions in
Washoe County.The locks tothe premises were changed at that thne.thereby ejecting and
dispossessing Coughlin ofpossession of the Property." Further.therein Richard Hill admits
that the lockout occurred at 4;30 pm.as indicated in writing in the WCSO's Machem's
Affidavit ofSeryice.contra tothe mandate ofJudge Sferrazza's Order ofSummary Eviction
requiring any lockout tooccur after 5:00 pm.Novejn her 1.2011.
NRS 40.385 Stay ofexecution upon appeal: duty oftenant whoretains possession of
premises topay rent during stay.Uponjm appeal from an order entered pursuant toNRS
40.253:
1.Except as otherwise nrovidd in this subsection, a stay ofexecution may be obtained by
filing with the trial court a bond hi the amount of5250 tocover the expected costs on appeal.In
an action concerning a lease ofcommercial property or any other property for which the
monthly rent exceeds $1,000.the court may.anon its own motion or that ofa party.and unon a
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showing of good cause. order an additional bond tobe posted tocover the
expected costs on
appeal.A surety upon the bond submits tothe jurisdiction ofthe appellate court and
irrevocably appoints the clerk ofthat court as the surety'sagent upon whom papers affecting
the surety'sliability upon the bond m:y be served.Liability ofa surety may be enforced, or the
bond may be released, on motion in the a_ppellate court without independent action.
2. A tenant whoretainspossession of the premisesthat are the subject of the appeal during the
pendency of the appeal shall pay tothe landlord rent in the amount provided in the underlying
contract between the tenant and the landlord asit becomesdue. If the tenant failstopay such rent, the
landlord may initiate new proceedingsfor asummary eviction by serving the tenant with anew
notice pursuant toNRS 40.253.
NRS 40.390 Appellate court not todismissor quash proceedingsfor want of form. In all cases
of appeal under NRS 40,220 to40.420, inclusive, the appellate court shall not dismissor quash the
proceedingsfor want of form, provided the proceedingshave been conducted substantially according
tothe provisionsof NRS 40.220 to40.420, inclusive; and amendmentstothe complaint, answer or
summons, in mattersof form only, may be allowed by the court at any time before final judgment
upon such termsasmay be just; and all mattersof excuse, justification or avoidance of the allegations
in the complaint may be given in evidence under the answer.
NRS 40.400 Rules ofpractice.The provisions ofNRS, Nevada Rules ofCivil Procedure
and NevadaRules ofAppellate Procedure relative tocivil actioDs.appeals and new tijals, sofar
asthey are not inconsistent with the provisions ofNRS 40.220 to40.420, inclusive, apply tothe
proceedings mentioned in those sections."
So, considering that NRS 40.400 requiresthat NRCP apply toSummary Eviction Proceedingsunder
NRS 40.253, then service, process, and time calculationsof such must comport with the dictatesof
NRCP 5-6: " RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
(a) Service: When Required. Except asotherwise provided in these rules, every order required
by itstermstobe served, every pleading subsequent tothe original complaint unlessthe court
otherwise ordersbecause of numerousdefendants, every paper relating todiscovery required tobe
served upon aparty unlessthe court otherwise orders, every written motion other than one which may
be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of
record on appeal, and similar paper shall be served upon each of the parties. Noservice need be made
on partiesin default for failure toappear except that pleadingsasserting new or additional claimsfor
relief against them shall be served upon them in the manner provided for service of summonsin Rule
4.
(b) Same: How Made.
(1) Whenever under these rulesservice isrequired or permitted tobe made upon aparty
represented by an attorney, the service shall be made upon the attorney unlessthe court ordersthat
service be made upon the party.
(2) Service under thisrule ismade by:
(A) Delivering acopy tothe attorney or the party by:
(i) handing it tothe attorney or tothe party;
(ii) leaving it at the attorney's or party's office with aclerkor other person in
charge, or if there isnoone in charge, leaving it in aconspicuousplace in the office; or
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(iii) if the office is closed or the person to be served has no office, leaving it at the
person's dwelling house or usual place of abode with some person of suitable age and discretion
residing there.
(B) Mailing a copy tothe attorney or the party at his or her last known address.
Service by mail is complete on mailing: provided.however.a motion, answer or other
document constituting the initial appearance ofa party must also, ifserved by mail, be filed
within the time allowed for servlceuuul provided further.that after such initial appearance,
service by mail be made only by mailing from a point within the State of
Nevada.
(C)
If the attorney or the party has no known address, leaving a copy with the clerk of the
court.
(D)
Delivering a copy by electronic means ifthe attorney or the party served has
consented toservice by electronic means.Service by electronic means is complete
transmission provided.however.a motion, answer or other document constituting the initial
appearance ofa party must also, ifserved by electronic means.be flied within the time allowed
for service.The served attorney's or party's consent toservice by electronic_means shall be
expressly stated and filed in writing with the clerk_9fthe court and served on the
other parties
tothe action.The written consent shall identify:
(i) the persons upon whom service must be made:
(ii) the appropriate address or location for such service, such as the
electronic-mail address or facsimile number;
(ill) the format tobe used for attachments; and
(iv) agy other limits on the scope or duration ofthe consent.
An attorney's or party's consent shall remain effective until expressly revoked or until the
representation ofa party changes through entry, withdrawal, or substitu on ofcounsel, An
attorney or party who has consented to service by electronic means shall, within 10 days after any
change of electronic-mail address or facsimile number, serve and file notice of the new electronic-
mail address or facsimile number.
(3) Service by electronic means under Rule 5(b).(2)(D) isnot effective ifthe party
making service learns that the attempted service did not reach the person tobe served.
(4) Proof of service may be made by certificate of an attorney or of the attorney's employee,
or by written admission, or by affidavit, or other proof satisfactory to the court. Failure tomake proof
of service shall not affect the validity of service...
RULE 6."TIME
(a) Computation.In computing arty neriod of time prescribed or allowed by these rules by the
local rules of any district court, by order of court, or by any applicable statuts, the day of the act.
event, or default from which tije designated period of time begins to run shall not be included. The
last day of the period so computed shall be included. unless it is a Saturday. a Sunday or a
nonjudicial day, in which event the period runs until the end of the next day which is not a Saturday,
a Sjaiday. or a nonjudicial day. or. when the act to be done is the filing of a paper in court, a day on
which weather or other conditions have rrtade the office of the clerk of the district court inaccessible.
in which event the period runs until the end of the next day which is not one of the aforementioned
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days. When the period of time prescribed or allowed islossthan 11 days. intermediate Saturdays.
Sundays, and nonjudicial daysshall be excluded in the computation except for those proceedings
filed under Titles12 or 13 of the NevadaRevised Statutes...
(e) Additional Time After Service by Mail or Electronic Means. Whenever a party has the
right or is required to do some act or take some proceedings within a prescribed period after
the service of a notice or other paper. other than process. upon the party and the notice or
paper is served upon the party by mail or by electronic means. 3 days shall be added to the
prescribed period.
Subdivision (a) isrevised toextend the exclusion of intermediate Saturdays, Sundays, and
nonjudicial daystothe computation of time periodslessthan 11 daysconsistent with the 1985
amendmentstothe federal rule. Additionally, the "inaccessibility of the court" provision found in
subdivision (a) of the federal rule isadded toRule 6(a). Subdivision (a) isfurther amended, by adding
language referring to"proceedingsfiled under Titles12 or 13 of the NevadaRevised Statutes," to
avoid any changestocurrent proceduresin probate, guardianship and trust proceedings....
Subdivision (e) isamended toprovide an additional 3 daystoact in response toapaper that is
served by electronic meansunder new paragraph (2)(D) added toRule 5(b)."
NRS 40.253 Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant
for default in payment of rent.
1. Except asotherwise provided in subsection 10, in addition to the remedy provided in NRS 40.2512 and
40.290 to 40.420, inclusive, when tit- tuutt of any dwelling. anartment, mobile home. recreational
vehicle or commercial premises with periodic rent reserved by the month or any shorter period
is in default in payment of the rent, the landlord or the landlord'sagent, unlessotherwise agreed in
writing, may serve or have served anotice in writing, requiring in the alternative the payment of the
rent or the surrender of the premises...
4. If the tenant filessuch an affidavit at or before the time stated in the notice, the landlord or
the landlord'sagent, after receipt of afile-stamped copy of the affidavit which wasfiled, shall not
provide for the nonadmittance of the tenant tothe premisesby locking or otherwise.
5. Upon noncompliance with the notice:
(a) The landlord or the landlord'sagent may apply by affidavit of complaint for eviction tothe
justice court of the township in which the dwelling, apartment, mobile home or commercial premises
are located or tothe district court of the county in which the dwelling, apartment, mobile home or
commercial premisesare located, whichever hasjurisdiction over the matter. The court may
thereupon issue an order directing the sheriff or constable of the county toremove the tenant within
24 hoursafter receipt of the order..
6. Upon the filing by the tenant of the affidavit permitted in subsection 3, regardlessof the
information contained in the affidavit, and the filing by the landlord of the affidavit permitted by
subsection 5, the justice court or the district court shall hold ahearing, after service of notice of the
hearing upon the parties, todetermine the truthfulnessand sufficiency of any affidavit or notice
provided for in thissection.
If the court determines that there is no legal defense as to the alleged
unlawful detainer and the tenant is guilty of an unlawful detainer. the court may issue a
summary order for removal of the tenant or an
order providing for the nonadmittance of the
tenant. If the
court determines that there is a legal defense astothe alleged unlawful detainer.
the court shall refuse to grant either party arty relief, and, except as otherwise provided in this
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subsection, shall
require that any further proceedings he conducted pursuant to NRS 40.290 t
K
40.420, inclusive. The issuance of a summary order for removal of the tenant does not preclude
an action by the gent for any damages.er.other reliefto
which the tenant may he entitled....
7.The tenant may, upon payment ofthe appropriate fees relating tothe filing and service ofa
motion, file a motion with the court, on a form provided by the clerk ofthe court, todispute the
amount ofthe costs, ifany, claimed by the landlord pursuant to
NRS 118.207 or 118A.460 for the
inventory, moving and storage ofpersonal property left on the premises.The motion must he filed
within 20 days after the summary order for removal ofthe tenant or the abandonment ofthe premises
by the tenant, or within 20 days after:
(a) The tenant has vacated or been removed from the premises; and
(b) A copy ofthose charges has been requested by or provided tothe tenant,
E
.
whichever is later.
8. Upon the filing of a motion =want to subsection 7. the court shall_sehedule a hearing_
on the motion. The hearing must be held within 10 days after the filing of the motion. The court
shall affix the date of the hearing to the motion and order a copy served upon the landlord by
the sheriff, constable or other process server. At the hearing, the court may:
(a) Determine the costs, ifany, claimed by the landlord pursuant toNR$ 118.207 or 118A.460
and any accumulating daily costs; and
(b) Order the release ofthe tenant's property upon the payment ofthe charges determined tobe
due or ifnocharges are determined tobe due."
Landlord Merl iss filed only a NoCause Notice ofEviction in REV2011-001708 on Commercial
Tenant Zach Coughlin, Esq.'s law office.As such, a Summary Eviction Proceeding is impermissible
given the requirement ofNRS 40.253that the Notice alleged non-payment ofrent toallow the
landlord toproceed under the Summary Eviction Proceeding section, NRS 40.253.Further, Judge
Sferrazza was precluded from ruling on anything other than possession ofthe premises pursuant to
NRS 40.253(6), Anvut, and Glazier. Further, the tenancy did not terminate under the Lease
Agreement, it ws renewed.
NRS 40.254 Unlawful detainer: Supplemental remedy ofsummary eviction and exclusion of
tenant from certain types ofproperty.Except as otherwise provided by specific statute, in addition to
the remedy provided in NRS 40.251. and in NRS 40 290 to40 420, inclusive, when the tenant ofa
dwelling unit which is subject tothe provisions ofchapter OA ofNRS, part ofa low-rent housing
program operated by a public housing authority, a mobile home or a recreational vehicle is guilty of
an unlawful detainer, the landlord is entitled tothe summary procedures provided in NRS 40.253
except that:
1.Written notice tosurrender the premises must:...(e)
A statement that the claim for relief wna
authorized by law.
As such, the tooearly lockout brings intoplay the following:
"NRS 118A.390 Unlawful removal or exclusion oftenant or willful interruption ofessential
services; procedure for expedited relief.
1.Ifthe landlord
unlawfully removes the tenant from the premises or excludes the tenant by
blocking or attempting to block the tenant's entry upon the prentises oryrillfully interrupts or
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ause is t to tion I

SS I L sere e re I

the ntal a cement o
this chapter, the tenant may recover immediate possession pursuant to subsection 4, proceed
under NRS 118A.380 or terminate the rental agreement and, in addition to any other remedy,
recov r
the tenant's actual damages. receive an amount not greater than $1,000 to be fixed by
the court, or both.
2. In determining the amount, if any, tobe awarded under subsection 1, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(0) The degree of harm tothe tenant caused by the landlord'sconduct.
3. If the rental agreement isterminated pursuant tosubsection 1, the landlord shall return all
prepaid rent and security recoverable under thischapter.
4. Except asotherwise provided in subsection 5, the tenant may recover immediate possession of
the premisesfrom the landlord by filing averified complaint for expedited relief for the unlawful
removal or exclusion of the tenant from the premisesor the willful interruption of essential services.
5. A verified complaint for expedited relief:
(a) Must be filed with the court within 5 judicial daysafter the date of the unlawful act by the
landlord, and the verified complaint must be dismissed if it isnot timely filed. If the verified
complaint for expedited relief isdismissed pursuant tothisparagraph, the tenant retainsthe right to
pursue all other available remediesagainst the landlord.
(b) May not be filed with the court if an action for summary eviction or unlawful detainer is
already pending between the landlord and tenant, but the tenant may seeksimilar relief before the
judge presiding over the pending action.
6. The court shall conduct ahearing on the verified complaint for expedited relief within 3
judicial daysafter the filing of the verified complaint for expedited relief. Before or at the scheduled
hearing, the tenant must provide proof that the landlord hasbeen properly served with acopy of the
verified complaint for expedited relief Upon the hearing, if it isdetermined that the landlord has
violated any of the provisionsof subsection 1, the court may:
(a) Order the landlord torestore tothe tenant the premisesor essential services, or both;
(b) Award damagespursuant tosubsection 1; and
(c) Enjoin the landlord from violating the provisionsof subsection 1 and, if the circumstancesso
warrant, hold the landlord in contempt of court.
7. The payment of all costsand official feesmust be deferred for any tenant whofilesaverified
complaint for expedited relief. After any hearing and not later than final disposition of the filing or
order, the court shall assessthe costsand feesagainst the party that doesnot prevail, except that the
court may reduce them or waive them, asjustice may require."
"NRS 11 8A.090 "Exclude" defined, "Exclude" meanstoevict or toprohibit entry by locking doorsor by otherwise
blocking or attempting toblockentry, or tomake adwelling unit uninhabitable by interrupting or causing the interruption
ofelectric, gas, water or other essential services."
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To1699ac9c-59b1-4598-88f5-30dd36e
ALL PAPERS AND PLEADINGS AND CORRESPONDENCS PREVIOUSLY SUBMITTED TO THE RENO
JUSTICE COURT AND OR ITS EMPLOYEES IS HEREBY INCORPORATED BY REFERENCE INTO THIS
FILING.
NRS 118A.190: " Notice: Definition; service.
1. A person hasnotice ofafact if:
(a) The person hasactual knowledge ofit,
(b) The person hasreceived anotice or notification ofit; or
(c) From all the factsand circumstancesthe person reasonably should know that it exists.
2. Written noticestothe tenant prescribed by thischapter shall be served in the manner provided by NRS
40,280
3, Written noticestothe landlord prescribed by thischapter may be delivered or mailed tothe place ofbusinessofthe
landlord designated in the rental agreement or toany place held out by the landlord asthe place for the receipt ofrental
paymentsfrom the tenant and are effective from the date ofdelivery or mailing."
"NRS 40.28Q Service ofnoticestoquit; proofrequired before issuance oforder torent ove.
I. Except asotherwise provided in NRS 40.253, the noticesrequired by NRS 40.251 to40.260, inclusive, may be
served:
(a) By delivering acopy tothe tenant personally, in the presence ofawitness;
(b) Ifthe tenant isabsent from the tenar.t'splace ofresidence or from the tenant'susual place ofbusiness, by leaving
acopy with aperson ofsuitable age and discretion at either place and mailing acopy tothe tenant at the tenant'splace of'
residence or place ofbusiness; or
(c) Ifthe place ofresidence or businesscannot be ascertained, or aperson ofsuitable age or discretion cannot be
found there, by posting acopy in aconspicuousplace on the leased property, delivering acopy toaperson there residing,
ifthe person can be found, and mailing acopy tothe tenant at the place where the leased property issituated."
I did not receive any ofthe em ailsallegedly sent tomy from Richard Hill'semail address, rhillgrichandhillaw.com
between August 18th, 2011 toNovember 17th, 2011, and certainly none from rhillgrichardhi:law.com during the period
between the illegal lockout at 4:30 pm November 1, 2011 and the trespassarrest ofNovember 13th, 2011 which allegedly
spoke tomy being provided accesstothe property for the purpose ofmy removing my belongings, despite my numerous
callsand written requests, which outlined the exigenciesinherent tomy being precluded accesstoray client filesincident
toan unlawful and improperly notice and tooearly occurring lockout by the WCSO. I and my businesshave been
damaged greatly by these acts. Further, I had repeatedly sent both Baker and Hill notice, in writing, that I did not consent
toservice or notice ofanything viaelectronic means. Further NRS 118A.190 doesnot speakto"notice ofalegal
finding, but rather to"notice ofafact". Assuch, I wasnot appropriately served notice ofthe Order ofSummary Eviction,
and an illegal lockout occurred, as such no criminal trespass charge can stand.
"NRS 118A.260 Disclosure of names and addresses ofmanagersand owners; emergency telephone number, service of
process,
1. The landlord, or any person authorized toenter intoarental agreement on hisor her behalf, shall disclose tothe
tenant in writing at or before the commencement ofthe tenancy:
(a) The name and addressof
(1) The personsauthorized tomanage the premises;
(2) A person within thisState authorized toact for and on behalfofthe landlord for the purpose ofservice of
processand receiving noticesand demands; and
(3) The principal or corporate owner.
(b) A telephone number at which aresponsible person whoresidesin the county or within 60 milesofwhere the
premisesare located may be called in case ofemergency.
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2. The information required tobe furnished by thissection must be kept current, and thissection isenforceable
against any successor landlord or manager ofthe prem ises.
3. A party whoentersintoarental agreement on behalfofthe landlord and failstocomply with thissection isan
agent ofthe landlord for purposesof:
(a) Service ofprocessand receiving noticesand demar.ds; and
(b) Performing the obligationsofthe landlord under law and under the rental agreement.
4. In any action against alandlord which involveshisor her rental property, service ofprocessupon the manager of
the property or aperson described in paragraph (a) ofsubsection I shall be deemed tobe service upon the landlord. The
obligationsofthe landlord devolve upon the personsauthorized toenter intoarental agreement on hisor her behalf.
5. Thissection doesnot limit or remove the liability ofan undisclosed landlord."
NRS 40.310 Issue offact tobe tried by jury ifproper demand made. Whenever an issue offact ispresented by the
pleadings, it shall be tried by ajury, ifproper demand ismade pursuant tothe NevadaRulesofCivil Procedure or the
Justice Court RulesofCivil Procedure
Actually, alot ofpeople seemed confused regarding the "24 hours" lockout thing. The only appearance in either NRS
118A or NRS 40, in the provisionsapplicable toSummary Eviction Proceedingsofanything related to"24 hours" isin
NRS 40.253(5), which only speakstoasituation where the Tenant doesnot file aTenant'sAnswer or Tenant'sAffidavit,
which isclearly inapplicable here, asthe Tenant did file such aOpposition tothe NoCause Eviction Notice : "5. Upon
noncompliance with the notice:
(a) The landlord or the landlord'sagent may apply by affidavit ofcomplaint for eviction tothe justice court ofthe
township in which the dwelling apartment, mobile home or commercial premisesare located or tothe district court ofthe
county in which the dwelling, apartment, mobile home or commercial premisesare located, whichever hasjurisdiction
over the ni atter. The court may thereupon issue an order directing the sheriff or constable of the county to remove
the tenant within 24 hours after receipt of the order. The affidavit must state or contain..."
So, absent some statutory provision allowing the Order ofSummary Eviction toresult in a
lockout by_the Washoe County Sheriffs Office prior tothe 3days for mailing where personal
service ofthe Order ofSummary Eviction was not effectuated, despite what WCSO employee
may have incorrectly (or faLselv) asserted in the WCSO's John Machem's Affidavit ofService
from, file stamped November 7.2011.Attached as Exhibit 1. Exhibit 1: was not effectuated,
despite what WCSO employee may have incorrectly (or falsely) asserted in the WCSO's John
Machem's Affidavit ofService from, file stamped November 7,2011 along with written
admission from WCSO Civil.Service Division Supervisor Liz Stuchell that Machem only posted
the Order ofSummary Eviction on the door ofthe former home law office, rather than
"personally served" it and Richard Hill Esq's own ProofofService ofNotice ofEntry ofthe
Order for Summary Eviction showing a mailed on date ofNovember 1, 2011 (and the RJC
never mailed a copy ofthat ORder according the toRecord on Appeal in CV11-03628): three
(
3
) pages.
AFFIRMATION PURSUANT TO NRS 239B.030
The undersigned does hereby affirm that the preceding document does not contain the social
security number ofany person.
Dated at Reno, Nevada, this 3rd day ofMarch, 2012,
- 33 -
NOTICE OF APPEARANCES CO-COUNSEL AND_YIOTION TO DISMISS
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From: zachcoughlin
00879
00879
To: 1699ac9c-69b1-4598-88f6-30dd36e From: rachcoughlin -- 3-05-12 10:56am p. 34 of 40
LAW OFFICES OF Zachary Barker Coughlin
Co-counsel for the Defendant
133:
Z 2
--
h Coughlin. Esq.
Nevada Bar No: 9473
- 34 -
NOTIULOF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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00880
00880
*...4.0.1.0...4
To: 1699ac9c-69b1-4596-00f6-30dd36e From: zachcoughlin 3-05-12 10:56am p. 35 of 40
PROOF OF SERVICE
Pursuant to RCP 5(b), I certify that I served a copy of the foregoing document upon the
following party byLfaxing,, cmailing, dropping off at their office, and placing a true and correct copy
of the foregoing document in the us mail addressed to:3
Jill Drake, Esq.
Reno City Attorney's Office - Criminal Divison
P.O. Box 1900
Reno , NV 89505
Phone Number: 775- 334- 2050 Fax number: 775- 334- 2420
DrakeJ@reno.gov
Attorney for City of Reno
Keith Lloyd Loomis, Esq.
9468 Double R Blvd. Suite A
Reno, NV 89521
Phone Number: 775- 853- 7222 Fax number: 775- 853- 0860
keithloomis@earthlinknet
RMC Filing Office Fax Machine: Fax: (775) 334- 3824
Date this March 3, 2012:
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/S/Z- C5u!
Zach Cou: 1 in, Defendant
Co- Counsel for Defendant
- 35 -
NOTICE OF APPEARANCE AS CQ- COUNSEL AND MOTION TO DISMISS
00881
00881
3-05-12 10:56as p. 35 of 40 To: 1699ac9c-591,1-4598-08f5-30dd35e From: zachcoughlin
INDEX TO EXHIBITS
L Exhibit 1: was not effectuated.despite what WCSO employee may have incorrectly (or
falsely) asserted in the WCSO's John Machem's Affidavit ofService from, file stamped
November 7.2011 along with written admission from WCSO Civil Service Division Supervisor
Liz Stuchell that Machem only posted the Order ofSummary Eviction on the door ofthe
former home law office, rather than "personally served" it and Richard Hill Esq's own Proofo
Service ofNotice ofEntry ofthe Order for Summary Eviction showing a mailed on date of
November 1, 2011 (and the RJC never mailed a copy ofthat ORder according the toRecord on
Appeal in CV11-03628): three (3) pages.
-36 -
NOTICE OF APPEARANCE ASCD-COIMEL AND MOTION TO DISMISS
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00882
00882
W .
,1
*
,.
........./....... 'A*
.
7.
To: 1699adc-59131-4598-88f6-30dd36e From zachsoughlin 3-05-12 10156am p, 37 of 40
,
EXHIBIT 1
EXHIBIT 1
00883
00883
LANO PFICE
RICHARD G. kat
Poll Otios Sax 2551
Rano, Nev a& 00505
( 775) 344-Can*
Fax( 775) 4I- I5!
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N's.vbs* ... Al.........491.
To: 1699ac9c-59h1-4598-88f6-30dd36e Frog: zachcoughlin 3-05-12 10;55am p, 38 of 40


CERTIMATE
L
OF SERVICE
Pursuant toNRCP 5(b), I hereby certify that I am an employee of RICHARD G.
No+ .w...nAwzr
HILL, CHARTERED, and that on the V
s
day of eetebor., 2011, I deposited in the
appropriate place for pick-up and hand-delivery by Reno-Carson Messenger Service, atrue
and correct copy of the foregoing Notice of Entry of Order and atrue and correct copy
of the Findings of Fact, Conclusions of Law, and Order for Summary Eviction,
file-stamped October 27, 2011, addressed to:
Zach Coughlin, Esq.
121 River RockStreet
Reno, Nevada89501
00884
00884
- . - - - -
To: 1599ac9c-69b1-4538-88f6-30dd36e
From: machroughlin
3-05-12 10:56am p. 40 of 40

FILED
IN THE RENO JUSTICE COURT OF THE STAT
I
OVN
V-7
EVAD
tt
l
ig' 5 2

IN AND FOR THE COUNTY OF WASHOE STS G
TOT E
BY----
RENO JU CE
Civil File Number: 11013461 L

i
Ptirli
PLAINTIFF
Vs
Zachary Barker Coughlin
DEFENDANT

CASE No, REV2011001708
AFFIDAVIT OF SERVICE
STATE OF NEVADA
COUNTY OF WASHOE
} at:

Jolts Machen, being first duly sworn, deposes and says: That affiant is a citizen of the United States, over
18 years of age, not a party to the within entered action, and that in the County of Washoe, State of Nevada, personally
served the described documents upon:
Posted: Zachary Barker Coughlin
Location; 121 River Rock Street Reno, NV 89501
Date. 11/1/2011 Time 4:30PM
The document(s) served were; EVICTION ORDER: FINDINGS OF FACT, CONCLUSIONS OF LAW AND
ORDER FOR SUMMARY EVICTION; ORDER REQUIRING INSPECTION OF REAL PROPERTY
MICHAEL HALEY, SHERIFF
Richard 0 Hill Esq
PC Box 2551
652 Forest street
Reno, NV 89505

By:
Sheriff' uthori Agent

SUBSCRIBED AND SWORN to me before me this

4
41
) day of
22
te: vr, , 20E
L
,
ti ( Lr
\
t
ROXANNA 4. SILVA
Notary Public Stateof Nevada
Areeintmant Recorded
In Wernher County
01 1 1 0:I trirtrveITieeetker7,:if
9U PARR BOULEVARD RENO, NV 89512-1000 (775) 328-3310
Matt Merlin
NOTARY PUBLIC in an for said State of Nevada.
County of Washoe
00885
00885
court
ay
DEPUTY
--

3-03-12 3:09pm p. 1 of 40
To: 1699ac9c-69b1-4598-88f6-30dd36e From: zachcoughlln
FILED
RENO MUNICIPAL COURT
21111NAR -5 All 7: 36
etas
Document Code:
Zech Coughlin
i henby =Iffy II* as a true and correct copy of the
Nevada B ar No:
9473the records ofthe RenoMunicipal Courts Rae.WashOe
1422 E. 9
th
St.#2
and that
ih
a
t
the Ca" C1111
kis. =
9
,

Reno, NV 89512
Tele: 775-338-8118
Fax: 949-667-7402
Attorney for Pro Se Attorney Plaintiff Denied Sixth Amendment Right to Counsel
IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
CITY OF RENO;
PLAINTIFF, Case No:11 CR 26405
vs.
ZACH COUGHLIN; Dept No: 2
DEFENDANT.
NOTICE OF APPEARANCE AS CO-CQUNSEL AND MOTION TO DISMISS
COMES NOW, Defendant, Zach Coughlin, by and through himself as co-counsel to
Defendant and files the above title document on his own behalf.
LEGAL ARGUMENT
Memorandum of Law in Supput of Motion to Dismiss the Complaint
Introduction
The defendant, Zach Coughlin ("Coughlin") is charged with criminal trespass under
the Reno Municipal Code (RMC) .
1
The factual allegations In the complaintare to the effect
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NOTICE OF APPEARANCES cQ-COUNSEL AND MOTION TO DISMISS
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00886
.
V.** se,,....AiwWileaatpoopp,.......
To
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1699ac9c-59b1-4598-8Bf6-30dd36e From: zachcougtain 3-03-12 3:09pm p, 2 of 40
that both counts occurred on the same date, at about the same time, and in the same
general vicinity. Each count, though, involved a separate incident.
Jana Breckenridge was operating a vehicle that had been traveling each on West Street,
approaching the intersection of Blake Avenue and had the right of way. Coughlin's vehicle failed to
stop fo the stop sign and entered the intersection. Breckenridge's vehicle was forced to take evasive
action and steered to the right, causing the vehicle to sideswipe a fire hydrant Coughlin failed
to stop for the accident . . .Jana Breckenridge complaint of pain to her legs and was transported to
All Saints Hospital by Rescue.
With regard to the second incident, the complaint alleges:
Coughlin's vehicle continued east and went through the red light at the intersection of north
Memorial Drive and West street, Stratman, who had been operating a vehicle owned by Mick's Auto
Parts southbound on North Memorial Drive, was struck by Coughlin's vehicle .... Ernesto
(Coughlin) then ran from the vehicle leaving the secene of the accident. . . A passenger in
Coughlin's vehicle, X.H. . complained of pain to his neck and back and was transported to All
Saints Hospital by Rescue.
Finally, the complaint alleges that Ernesto Coughlin was interviewed by police and said tha
he ran from the vehicle because, "Ernesto stated that his brother, X.H., did not want him
arrested for an accident and told him to run."
Argument
I. The complaint must allege sufficient facts within the four corners, when viewed in a commo
sense manner, to establish probable cause to believe that the defendant committed the offense
alleged. Here, the complaint is deficient the trespass charge RMC 8.10.010.
A criminal complaint must meet probable cause requirements to confer personal jurisdiction. State v.
White, 97 Wis. 2d 193, 197, 295 N.W.2d 346, 347 (1980). A criminal complaint is a self-containe
charge that must set forth facts within its four corners that are sufficient, in themselves or togethe
with reasonable inferences derived therefrom, to allow a reasonable person to conclude that a crime
was probably committed and that the defendant is probably culpable. State v. Haugen, 52 Wis. 2.
791, 793, 191 N.W.2d 12, 13 (1971). If the criminal complaint fails to establish probable cause, the
court does not obtain personal jurisdiction, and the charge must be dismissed. The crimina
complaint, however, is not to be read in a hypertechnical sense but, rather, is to be reviewed on a
reasonable basis applying ordinary common sense. State v. Gaudesi, 112 Wis. 2d 213, 219, 332
N.W.2d 302, 305 (1983). Therefore, the facts alleged and the inferences that may be drawn from
them must be sufficient to establish in a common sense way that there is probable cause to believe the
defendant committed the offense charged. See id.
Here, the complaint purports to allege that Coughlin violated RMC's trespass statute 8.10.010 The
elements of that offense are: Elements of the Crime That the State Must Prove
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NOTICE
DE APPEARANCE AS CO-COUNSEL AND MOTION TO Dismiss
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Reno Municipal Code section 8.10.010, provides in relevant part: Every person who .
willfully goes or remains upon any land or in any building after having been warned by the
owner or occupant thereof not to trespass is guilty of a misdemeanor.
A. The criminal trespass complaint fails to establish probable cause because it fails to show
any notice or service of the written ORder for Summary Eviction was conducted in a lawful
manner and not too soon and thus void..
For these reasons, the criminal complaint must be dismissed.
I realize you will likely not read all of this. The main thing is I am respectfully requesting that
you confirm with Deputy Machem that he did, in fact, "personally serve" the Summary Eviction
Order on me at 121 River Rock St., Reno 89501 on November 1, 2011 at 4:30 pm, in connection with
performing the lockout. It is my position that I was not "personally served" and I am trying to figure
out whether Deputy Machem is lying or whether the phrase "personally served" means something
other than what I believe it means, etc., etc. I appreciate your attention to this.
I am writing toinquire about and complain with regard toan Affidavit ofService filed by or for WCSO Deputy Machem
with respect tothe service ofaOrder Granting Summary Eviction against me (in my law office where ran-payment of
rent wasnot alleged, nolessin violation ofNRS 40.253 and where a$2,275 rent escrow deposit wasfoisted upon me in
violation of40.253(6), especially where astay ofeviction wasnot granted even while the RJC held on tomost all my
money...).
My issue with the WCSO isthat Machem'sAffidavit ofService indicatesthat he "personally served" me, which kind of
remindsme ofall that robo-signing and MERS fraud I come acrossin my day job (and doyou wonder how many
attorneysin the foreclosure defense game I am in constant contact with whoare watching and witnessthe potential RICO
violationsthiswriting mentions?), which includesbeing aforeclosure defense attorney. Sowhich isit? Did Machem
"personally serve" me the Summary Eviction Order? Richard G. Hill, Esq. likestoargue that I was"served" in
compliance with all time related rulesbecause it wasdone in the "usual custom and practice ofthe WCSO. What, exactly,
- 3 -
NOTICE
OF APPEARANC AS CO- COUNSEL AND MOTION TO DISMISS
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From: zathe aughl in
00888
00888
To 1699a0c-59b1-45911-88f6-30dd36e r.
From: zechcough/. In 3-03-12 3:09pm p. 4 of 10
is the 'usual custom and practice of the WCSO? I hear a lot about this "within 24 hours" stuff. So, I go hunting for some
black letter law to support what those at the RJC and in the clueless community at large (which often includes Nevada
Legal Services and Washoe Legal Services, the people you guys had such trouble actually serving in the lawsuits I tiled,
which may have actually helped improved legal services in this community, if they were not dismissed due to
insufficiency of service of process, even where the IF? required the WCSO to served the defendants....). Anyway, back to
the "within 24 hours" phraseology: "
This whole business about "The court may thereupon issue an order directing the sheriff or constable of the county to
remove the tenant within 24 hours after receipt of the order..." is inapplicable to this situation, where an Order Granting
Summary Eviction was signed by October 27th, 2011. That language is only found in situations inapplicable to the
current one. NRS 40.253(3Xb)(2), and NRS 40.253(5Xa) are the only sections of NRS 40 where this "within 24 hours"
language occurs, and those situations only apply where, in:
40.253(3)(b)(2): " 3. A notice served pursuant to subsection 1 or 2 must: ...(b) Advise the tenant: .... (2) That if the court
determines that the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant
or an order providing for the nonadmittance of the tenant, directing the sheriff or constable of the county to remove the
tenant within 24 hours after receipt of the order"
and,
40.253(5Xa): "5. Upon noncompliance with the notice: (a) The landlord or the landlord's agent may apply by affidavit of
complaint for eviction to the justice court of the township in which the dwelling, apartment, mobile home or commercial
premises are located or to the district court of the county in which the dwelling, apartment, mobile home or commercial
premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an order directing the
sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order." The way these summary
eviction proceedings are being carried out in Reno Justice Court presently shocks the conscience and violates Nevada
law. There is not basis for effectuating a lockout the way WCSO's Deputy Machem did in this case. The above two
sections containing the "within 24 hours of receipt" language are inapplicable, as those situations do not invoke the
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NOTICE OF APPEARANCE A$ CO-COUNSEL AND MOTION TO DISMISS
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Pros: zachcough1111 To: 1099adc-59b1-4590-00f5-30dd30e
V
present circumstances, where the Tenant did file an Affidavit and did contest this matter to a degree not often seen. To
require Nevada's tenants to get up and get out "within 24 hours" of "receipt of the order" (what does that even mean? The
use of terms like "rendition", "rendered", "notice of entry", "pronounced", is absent here, and this "receipt of the order"
language is something rarely found elsewhere in Nevada law-see attached DMV statutory citations, and in employment
law litigations where one must file a Complaint within 90 days of "receipt" of a Right To Sue Letter, a situation which
follows NRCP 5(b), and NRCP 6(e) in imputing receipt of such a letter, when actual receipt is not shown, by applying a
"constructive notice" standard that relies upon the days for mailing extension of time for items served in the mailing,
etc.). In Abraham v. Woods Hole Oceanographic Institute, 553 F.3d 114 (1st Cir. 2009), the record did not reflect when
the plaintiff received his right-to-sue letter. The letter was issued on November 24, 2006. The court calculated that the 90-
day period commenced on November 30, 2006, based on three days for mailing after excluding Saturdays and Sundays.
In order to bring a claim under either Title VII or the ADA, a plaintiff must exhaust administrative remedies and sue
within 90 days of receipt of a right to sue letter. See 42 2040e-5(f)(1). See Baldwin County Welcome Center v.
Brown, 466 U.S. 147, 148 n.1, 104 S.Ct. 1723, 80 L.Ed.2d 196 (1984)(granting plaintiff an additional three days for
mailing pursuant to Rule 6)...."
Dear Washoe County Sheriffs Office,
http://en.wikipedia.org/wiki/Service_of_process
"Substituted service
When an individual party to be served is unavailable for personal service, many jurisdictions allow for substituted service
Substituted service allows the process server to leave service documents with another responsible individual, called a
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NOTICE OF APPEARANCE AS CO- COUNSEL AND MOTION TO _DISMISS
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00890
00890
3-03-12 3:09pm p. 6 of 40 To: 1599a0e-69b1-4598-880-30dd36e Frew zacbcoaghlin
1
person of suitable age and discretion, such as a cohabiting adult or a teenager. Under the Federal Rules, substituted
2
service may only be made at the abode or dwelling of the defendant.[4] California, New York,[5] Illinois, and many other
3

United States jurisdictions require that in addition to substituted service, the documents be mailed to the recipient 1
.
51
4
Substituted service often requires a serving party show that ordinary service is impracticable, that due diligence has been
5

made to attempt to make personal service by delivery, and that substituted service will reach the party and effect notice.
6 i5J"
7
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9

I am pretty sure "personally served" means you served the person in person, not that a person named Machem went and
10
posted a notice on a door, personally himself. Sec, I think you guys are thinking of the "person" in the word personally as
11
applying to the server, when in all instances I have ever seen it used in the law, the "person" part of "personally" applies
12
to the person being served. Help me out here, Mary.
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https://skydriv e. com /redir. aspx?cid-43084638f321.5t28&resid43 084638F3 2F 5F 28 11897&paridro ot
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Also, does the WCSO have a position on what type of service is required of eviction orders prior to the WCSO or
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whoever does it being able to conduct a lockout?
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NRCP RULE 60. RELIEF FROM JUDGMENT OR ORDER.. (c) Default Judgments: Defendant Not Personally Served.
26
When a default judgment shall have been taken against any party who was not personally served with summons and
27
complaint, either in the State of Nevada or in any other jurisdiction, and who has not entered a general appearance in the
28
action, the court, after notice to the adverse party, upon motion made within 6 months after the date of service of written
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NOTICE OF APPEARANCE AS CO.
:
COUNSEL AND MOTION TO DISMISS
00891
00891
From utchcoughlin 3-03-12 3109piap. 7 of40 To 1699aac-69b1-4598-88ft-30d06e
notice ofentry ofsuch judgment, may vacate such judgment and allow the party or the party'slegal representativesto
answer tothe meritsofthe original action. When, however, aparty hasbeen personally served with summonsand
complaint, either in the State ofNevadaor in any other jurisdiction, the party must make application tobe relieved from a
default, ajudgment, an order, or other proceeding taken against the party, or for permission tofile an answer, in
accordance with the provisionsofsubdivision (b) ofthisrule.
Okay, so, really, you guysdothisfor aliving, right ..you serve people things. _and sign Affidavitsunder penalty of
perjury and stuff, and you arc telling me you believe "personally served" can included situationswhere the person wasnot
there? Okay .....You doknow that, like, aSummonsand Complaint need tobe "personally served' in the sense that, say
Machem, would need tosee that person and serve it on them (I don't thinkthey have totake the paper, they don't need to
agree toaccept service, but Machem doesneed tosee that person, in person, personally when he isswearing under
penalty ofperjury that he "personally served" somebody. Usually "personally served'
.
isonly done in the case ofthe first
thing filed (unlessthere isan IFP) in acase, the Summonsand Complaint. Thereafter, typically, people just effect
"substituted service" because itscheaper, lessofahassle, and "personal service' isonly required for serving the pleadings
that start acase, the Summonsand Complaint. Wow....0kay, sothisismy whole point, these state sponsored lockouts
under color ofstate law should not be being done sofast, unlessyou guys"personally serve" the tenant, I feel the law is
quite clear, you have toeffect "substituted service" which, under NRCP 6(a) and NRCP 6(e) and NRCP 5(b)(2) (and
NRCP, not JCRCP isapplicable toeviction mattersaccording toNRS 118A) the tenant cannot be deemed tohave
received or constructively received the Order until the 3 daysfor mailing haspassed.
Personal service by processserver
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00892
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Personal service isservice ofprocessdirectly tothe (or a) party named on the summons, complaint or petition. In most
lawsuitsin the United States, personal service isrequired toprove service. Most statesallow substituted service in almost
all lawsuitsunlessyou are serving acorporation, LLC, LLP, or other businessentity; in those cases, personal service must
be achieved by serving (in hand) the documentstothe "Registered Agent" ofabusinessentity. Some states(Florida) do
not require that the documentsactually be handed tothe individual. In Californiaand most other states, the documents
must be visible tothe person being served, i.e., not in asealed envelope. Ifthe individual refusestoaccept service, flees,
closesthe door, etc., and the individual hasbeen positively identified asthe person tobe served, documentsmay be
"drop" served, and it isconsidered avalid service. Personal service ofprocesshasbeen the hallmarkfor initialing
litigation for nearly 100 years, primarily because it guaranteesactual notice toadefendant ofalegal action against him or
her. Personal service ofprocessremainsthe most reliable and efficaciousway toboth ensure compliance with
constitutionally imposed due processrequirementsofnotice toadefendant and the opportunity tohe heard. [2]^ The
National Law Review: The Continuing Relevance ofPersonal Service ofProcess
And even ifsomething indicatesCoughlin "know" about the Order, much like in the case ofCoughlin'sthat was
dismissed where the Washoe County Sheriffsdidn't manage toget the "personal service" ofthe Summonsand Complaint
done in time, or "sufficiently", opposing counsel in that matter could tell you that "actual notice" isnot asubstitute for
compliance with the service requirements.
Which isnice because folkslike Richard G. Hill, Esq. have lessofan opport.mity togame the system and swoop in with
lockout then assert abunch ofhooey about INTRS 1 1 8A.460 "reasonable storage, moving, and inventorying expenses"
subjecting the tenant'spersonal property toalien. Richard G. Hill insisted on throwing away the last thing my beloved
grandmother gave me before she died 2 yearsagoin the town dump. He and hiscontractor lied about somany things,
including the tact that they used my own damn plywood toboard up the backporch ofthe property, then submitted abill
tothe court in en exhibit for $1,060 for "securing" the property (which doesn't really apply toNRS 1 1 8A.460's
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"reasonable storage moving and inventorying expenses" Iike it is required to.,.further, the charged me $900 a month for
storage and sent me a bill for such prior to my arrest for trespassing at the 121 River Rock location,... well if they charged
me $900 to have a home law office there, then how is it someone could be trespassing if they are being charged the full
rental value for 'use and occupancy of the premises"? Further, even if it. was a storage situations, there are sections of
NRS 118A devoted to evicting someone from a storage facility, not arresting them for trespass, and certainly not a
custodial arrest where the RPD Officer Carter and Sargent Lopez admit they never issued a warning to me or asked me to
leave prior to conducting a custodial arrest (which required $800 of bail, great!, and 3 days in jail, no less). This is
especially poor form where Officer Carter admitted to me that he takes bribes from Richard Hill. Hey, if Officer Carter
did not say that to me, go ahead and sue me, my man....I'm waiting ..... that's what I thought
He can say he was joking all he wants, but it ain't no joking ass situation to me when you are arresting me and causing a
google search result for my name to show an arrest....that's damaging the only thing I have of monetary value (my
professional reputation and name). It ain't no stand up hour when you are putting me in cuffs, bro. And Officer Carter and
Sargent Lopez refused to properly query Hill as to whether he had sent me, prior to the trespassing arrest, a bill for the
"full rental value" of the property, a value that, at $900, was the same charge for the full "use and occupancy" of the
premises. And Richard G. 11701, Esq. was too busy chortling and filling out the Criminal Complaint to bother setting them
straight, despite my cues, I guess.
Now, add to that malfeasance the fact that Judge Siemens let Casey Baker, Esq. prepare the Order, which means
faithfully put to writing what the Judge announced, not attempt to steal $2,275 for your Californian Beverly Hills High
School graduate neurosurgeon client by slipping in something the judge never said, ie, that the neurosurgeon gets to keep
the $2,275 that Judge Sferrazza order the tenant to pay into the Reno Justice Court as a "rent escrow" deposit required to
preserve the right to litigate habitability issues. Now, neverrnind the fact that Judge Sferrazza actually did not have the
jurisdiction to require that (there is not JCRLV 44 in
Reno, that's a Vegas rule, and if Reno wants a rule like that of its
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own MRCP 83 requiresthe RIC topublish it and get it approved by the NevadaSupreme Court first. period.). Okay, so,
totake it astep even further, Baker'sorder goeson tosay but the $2,275 won't be released tothe neurosurgeon yet,
"Instead that sum shall serve assecurity for Coughlin'scost on appeal, pursuant toNevadaJCRCP 73...". But wait, doesn't
that mean Coughlin then getsaStay ofEviction during the pendency ofthe Appeal? Isnt' that wasasecurity that large
must be for? Because the 'Appeal Bond" isset by statute at only amere $25 0....soholding on to10 timesthat much of
Coughlin'scash must have been for the "SupersedeasBond" mentioned ayielding one aStay ofEviction in NRS 40.380
and 40.385.
I know, I know, itsconfusing because actually those sectionsforce the landlord, hisattorneysand the RTC tochoose
between viewing Coughlin asaresidential tenant whose rent islessthan $1,000, and whom therefore isonly required to
post ameasly supersedeasbond of$250 (and remember, asupersede asbond equalsastay ofeviction equalsnot
trespassing) or the the other choice istoview Coughlin asacommercial tenant, which would allow charging ahigher
supersedeasbond (except for that pesky part about hisrent being under the $1,000 required by the statute todoso, his
rent being only $900), except, darn it, old Richard G. Hill, Esq. and Casey Baker, Esq. elected to pursue this summary
eviction proceeding under aNoCause Eviction Notice, which isnot allowed against acommercial tenant (ie., you can't
evict acomm ercial tenant using the summary eviction proceduresset forth in NRS 40.253 unlessyou alllege non paym en
ofrent and serve a30 Day Non Payment ofRent Notice ToQuit, which they didn't because they "are just taking the path
ofleast resistance here, Your Honor (insert their smug chuckling and obnoxious/pretentious"can you believe thisguy?"
laughter and head shaking...).
NRS 40,380 Provisionsgoverning appeals. Either party may, within 10 days, appeal from the judgment rendered. But an
appeal by the defendant shall not stay the execution ofthe judgment, unless, within the 10 days, the defendant shall
execute and file with the court or justice the defendant'sundertaking tothe plaintiff, with twoor more sureties, in an
amount tobe fixed by the court or justice, but which shall not be lessthan twice the amount ofthe judgment and costs, to
the effect that, ifthe judgment appealed from be affirmed or the appeal be dismissed, the appellant will pay the judgment
and the cost ofappeal, the value ofthe use and occupation ofthe property, and dam agesjustly accruing tothe plaintiff
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;wit... w.v...../.44.7. ....MP'
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To: 1699me9c-69b1-4598-88f6-30dd36e From: zacheotigtate 3-03-12 3:09pm p, 11 of 40
during the pendency ofthe appeal. Upon taking the appeal and filing the undertaking, all further proceedingsin the case
shalt be stayed.
So, why on earth isthe City Attorney'sOffice still trying totry Coughlin on the trespasscharge for which he endured a
custodial arrest and for which old Richard Hill isstill filing Motion'stoShow Cause on in the appeal ofthe summary
eviction matter in CVI 1-03628? Why, oh why? Doesthe RenoCity Attorney'sOffice have some sort ofvested interest in
keeping Coughlin down, busy, besotted, encumbered, or otherwise? It, why, it couldn't be because Coughlin hasareally
good wrongful arrest cause ofaction against the RenoPolice Department, could it? http://www.youtube.com/watch?
v-5?R7q4015b0
And, well, yeah the Washoe County SheriffsOffice didn't quite get those Summonsand Complaintsserved in that one
case Coughlin wassuing hisformer employer in, the one where Coughlin wasgranted an Order toProceed in Forma
Pauperis, which required the Washoe County SheriffsOffice toserve the Summonsand Complaints..., But what doesthat
have totowith the 6 daysCoughlin spent in jail on the arrest shown in the youtube videoabove? Itsnot like the Washoe
County jailed videotaped ascene where they were forcing Coughlin toget naked and put on agreen dress. What'sthat? It
is? They did dothat? Really? No...What? They alsoforced him tosimulate oral and anal sex with deputies, in the guise of
some ridiculous"procedure" necessary toinsure Deputy safety? Oh, wow, And they retaliated against him for failing to
answer their religiouspreference interrogation questionsby placing him in an icy cold cell for hoursat atime, refusing
him medical care despite hisplaintive criesfor help, while wearing athin t-shirt? Wow. They didn't jam ataser needle in
his spine for extended periodsoftime, though, did they? Your kiddingl Whatsnext, your going tell me Sargent Sigfree of
the RenoPI) ordered acustodial arrest on Coughlin for 'jaywalking" while Coughlin waspeacefully filming, from a
public spot, Richard G, Hill'sfraudulent contractor Phil Howard destroying and taking tothe town dump itemsof
enormoussentimental value toCoughlin that he wasprevented from retrieving from the property during the scant time he
wasallowed to(after he paid $480 worth ofalien for what he knew riot, because, despite, ol' Contractor Phil'sfraudulent
$1,060 bill for "securing" the backporch (with screwsfacing the outside, inexplicably, and awindow unit a/c left in the
window facing the sidewalknear the Lakemill Lodge, secured by nothing but duct tape
It iskind ofacomboneon sign that says"Burglarize thisPlace, Everybody! "), Coughlin'sformer home law office was
burglarized on December 12, 2011 while Richard G. Hill washolding itscontents(including, tackily, Coughlin'sclient's
tiles, like the onesfor the foreclosure defense actions, etc.), asserting his'lien". A lien for "storage" where the charge for
storage, $900, wasthe same asthe charge for "full use and occupany" was. However, that $900 amonth for "storage" also
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To1699ac9c-69b1-4598-88f6-30dd36e From: facbcoughlia 3-03-12 3:09pm p. 12 of 40
included another $1,060 charge for "securing' (and that bill actually listed "fixing aleakin the basement..neither of
which seem tohave much todowith the "reasonable storage, moving, and inventorying" expensessuch alien isprovided
for under NRS 118A.460....). Jeez, your probably going totell me Sargent Sigfree ordered another custodial arrest on
Coughlin just twodaysafter the jaywalking arrest, for the same fact pattern that Master Edmondson granted Coughlin's
applicationsfor ProtectionsOrdersagainst based upon the battery and assaultsthat hisformer housematescommitted.
Because, Sargent Sigfree thinksits''misuse of911" for Coughlin tocall when he returnshome at night and hisdog has
mysteriously disappeared, and hishousematesmake menacing commentary about it. Surely, Coughlin, aformer domestic
violence attorney would have nothing helpful toadd toSargnet Sigfree'sexpert opinion that "animal abuse isnot
domestic violence' (tell that toNRS 33.010, Serge) and that its, rather, "amatter for animal control' and that Sargent
Sigfree was"trying tohelp" Coughlin by arresting him, again, and necessitating the S1,500 bail associated with the gross
misdemeanor charge, "Misuse of911" because, asSargent Sigfree told Coughlin "you keep putting yourselfin situations
where you are victimized" soit wasnecessary toarrest Coughlin in that regard,
But hey, at least NV Energy hasn't refused tolet Coughlin get any electrical service for the past weeksince those
with the Protection Ordersagainst them cancelled the service and NV Energy shut it off, without providing any notice to
Coughlin, right. Neverm incl. But...but surely when NV Energy shut ofthe power toCoughlin'shome law office on
October 4th, 2011, just hoursprior tothe bad faith "inspection" with videographer ofCoughlin' shoir.e law office that
Casey Baker, Esq. thought sovery necessary one day before Coughlin'sTenant Answer wasdue...surely NV Energy did
not leave the backgate toCoughlin'shome law office open and speed off, Coughlin'sbeloved mountain bike suddenly
missing (the one the parentsofhisgirlfriend of5 yearsgave him)? Well, NV Energy isprobably not retaliating against
Coughlin for complaining about that by refusing him electric service for the past seven days, you would have toassume....
NRS 40.385 Stay ofexecution upon appeal; duty oftenant whoretainspossession ofprem isestopay rent during stay.
Upon an appeal from an order entered pursuant toNRS 40,253:
1.Except asotherwise provided in thissubsection, astay ofexecution may be obtained by filing with the trial
court abond in the amount of$250 tocover the expected costson appeal. A surety upon the bond submitstothe
jurisdiction ofthe appellate court and irrevocably appointsthe clerkofthat court asthe surety'sagent upon whom papers
affecting the surety'sliability upon the bond may be served. Liability ofasurety may be enforced, or the bond may be
released, on motion in the appellate court without independent action. A tenant ofcommercial property may obtain astay
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From: zachceughlla 3-03-12 3:09pm p. 13 of 40 To1599ae9c-69b1-4598-88f6-30dd36e
ofexecution only upon the issuance ofastay pursuant toRule 8 ofthe NevadaRulesofAppellate Procedure and the
posting ofasupersedeasbond in the amount of100 percent ofthe unpaid rent claim ofthe landlord.
2. A tenant whoretainspossession ofthe premisesthat are the subject ofthe appeal during the pendency ofthe appeal
shall pay tothe landlord rent in the amount provided in the underlying contract between the tenant and the landlord asit
becomesdue. Ifthe tenant failstopay such rent, the landlord may initiate new proceedingsfor asummary eviction by
serving the tenant with anew notice pursuant toNRS 40,253.
NRS 40.390 Appellate court not todismissor quash proceedingsfor want ofform. In all casesofappeal under NRS
40.220 to40420, inclusive, the appellate court shall not dismissor quash the proceedingsfor want ofform, provided the
proceedingshave been conducted substantially according tothe provisionsof'NRS 40.220 to40.420, inclusive; and
amendmentstothe complaint, answer or summons, in mattersofform only, may be allowed by the court at any time
before final judgment upon such termsasmay be just; and all mattersofexcuse, justification or avoidance ofthe
allegationsin the complaint may be given in evidence under the answer.
NRS 40.400 Rulesofpractice. The provisionsofNRS, NevadaRulesofCivil Procedure and NevadaRulesofAppellate
Procedure relative tocivil actions, appealsand new trials, sofar asthey are not inconsistent with the provisionsofNRS
40.220 to40.420, inclusive, apply tothe proceedingsmentioned in those sections.
But, backtothe SheriffsOffice. And, I am not really buying the ideathat ycu guysdon't know NRCP 4 through 6 like
the backofyour hand, but ...hell, maybe you don't. But, clearly the language in NRS 40 about how the Sheriffmay
"remove tenant from the property within 24 hoursofreceipt ofthe Order' donot apply where the Tenant filed aTenant's
Answer and showed up tothe Hearing and litigated the matter. Especially where, ashere the lease had not terminated, by
itsterms, but wasrather renewed. Thisisparticularly true where NRS 1 1 8A preventssoterminating aholdover tenants
lease for aretaliatory or discriminatory purpose.
NRCP 4: "(d) SummonsPersonal Service. The summonsand complaint shall be served together. The plaintiff
shall furnish the person making service with such copiesasare necessary. Service shall be made by delivering acopy of
the sumonsattached toacopy ofthe complaint asfollows:...(6) Service Upon Individuals. In all other casestothe
defendant personally, or by leaving copiesthereofat the defendant'sdwelling house or usual place ofabode with some
person ofsuitable age and discretion then residing therein, or by delivering acopy ofthe summonsand complaint toan
agent authorized by appointment or by law toreceive service ofprocess. [Asamended; effective January 1, 2005.J (e)
Same: Other Service. (1) Service by Publication. (i) General. In addition tomethodsofpersonal service, when the person
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Frog: tachcoughlln 3 - 03-12 3:09pm p. 14 of 40 To: 1699ac9:-69b1-4593-88f6-30dd36e
on whom service istobe made residesout ofthe state, or hasdeparted from the state, or cannot, after due diligence, he
found within the state, or by concealment seekstoavoid the service ofsumm ons, and the fact shall appear, by affidavit, to
the satisfaction ofthe court or judge thereof, and it shall appear, either by affidavit or by averified complaint on tile, that
acause ofaction existsagainst the defendant in respect towhom the service istobe made, and that the defendant isa
necessary or proper party tothe action, such court or judge may grant an order that the service be made by the publication
ofsummons, Provided, when said affidavit isbased an the fact that the party on whom service istobe made residesout of
the state, and the present addressofthe party isunknown, it shall be asufficient showing ofsuch fact ifthe affiant shall
state generally in such affidavit that at aprevioustime such person resided out ofthisstate in acertain place (naming the
place and stating the latest date known toaffiant when such party soresided there); that such place isthe last place in
which such party resided tothe knowledge ofaffiant; that such party nolonger residesat such place; that affiant doesnot
know the present place ofresidence ofsuch party or where such party can be found. and that affiant doesnot know and
hasnever been informed and hasnoreason tobelieve that such party now residesin thisstate; and in such case, it shall
be presumed that such party still residesand remainsout ofthe state, and such affidavit shall be deemed tohe asufficient
showing ofdue diligence tofind the defendant. Thisrule shall apply toall manner ofcivil actions, including those for
divorce"
Subject: RE: WCSO Deputy Machem's"personally served" Affidavit of11/1/2011
Date: Tue, 7 Feb 2012 11:40:39 -0800
From: LStuchell@washoecounty.us
To: zachcoughlin@hotmail.com
CC: mkandaras@da.washoecounty.us
Mr. Coughlin,
Our recordsindicate that the eviction conducted on that day waspersonally served by Deputy Machen by posting acopy
ofthe Order tothe residence. The residence wasunoccupied at the time.
Liz Stuehell, Supervisor
WCSO Civil Section
From: Zach Coughlin [mailto:zachcoughlin@hotmail.com]
Sent: Monday, February 05, 2012 2:58 AM
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To: 1699ac9c-69b1-4598-88f6-30dd3be From zachoughlin 3-03-12 3:09pm p. 15 of 40
To: Stuchell, Liz; Kandaras, Mary; nvrenopd@coplogiccom; Silva, Roxanne; kadlicj@reno.gov;
fourthestate@gmail.com ; jamesandreboles@msn.com
Subject: WCSO Deputy Machem's"personally served" Affidavit of11/1/2011
Dear IA Supervisor Stuchell and DDA Kandaras,
I realize you will likely not read all ofthis. The main thing isI am respectfully requesting that you confirm with Deputy
Mechem that he did, in fact, "personally serve" the Summary Eviction Order on me at 121 River RockSi, Reno89501
November 1, 2011 at 4:30 pm, in connection with performing the lockout. It ismy position that I wasnot "personally
served" and I am flying to figure out whether Deputy Mechem islying or whether the phrase "personally served" means
something other than what I believe it means, etc., etc. I appreciate your attention tothis.
I am writing toinquire about and complain with regard toan Affidavit ofService filed by or for WCSO Deputy Mechem
with respect tothe service ofaOrder Granting Summary Eviction against me (in my law office where non-payment of
rent wasnot alleged, nolessin violation ofNRS 40.253 and where a$2,275 rent escrow deposit wasfoisted upon me in
violation of40.253(6), especially where a stay ofeviction wasnot granted even while the RTC held on tomost all my
money...).
My issue with the WCSO isthat Machem'sAffidavit ofService indicatesthat he "personally served" me, which kind of
remindsme ofall that robo-signing and MERS fraud I come acrossin my day job (and doyou wonder how many
attorneysin the foreclosure defense game I am in constant contact with whoare watching and witnessthe potential RICO
violationsthiswriting mentions?), which includesbeing aforeclosure defense attorney. Sowhich isit? Did Mechem
"personally serve" me the Summary Eviction Order? Richard G. Hill, Esq. likestoargue that I was"served" in
compliance with all time related rulesbecause it wasdone in the "usual custom and practice ofthe WCSO. What, exactly,
isthe "usual custom and practice ofthe WCSO? I hear a lot about this"within 24 hours" stuff. So, I gohunting for sonic
blackletter law tosupport what those at the RJC and in the cluelesscommunity at large (which often includesNevada
Legal Servicesand Washoe Legal Services, the people you guyshad such trouble actually serving in the lawsuitsI filed,
which may have actually helped improved legal servicesin thiscommunity, ifthey were not dismissed due to
insufficiency ofservice ofprocess, even where the IF? required the WCSO toserved the defendants....). Anyway, backto
the "within 24 hours" phraseology: "
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Thiswhole businessabout "The court may thereupon issue an order directing the sheriffor constable ofthe county to
remove the tenant within 24 hoursafter receipt ofthe order..." isinapplicable tothissituation, where an Order Granting
Summary Eviction wassigned by October 27th, 2011 That language isonly found in situationsinapplicable tothe
current one, NRS 40.253(3)(b)(2), and NRS 40.253(5)(a) are the only sectionsofNRS 40 where this"within 24 hours"
language occurs, and those situationsonly apply where, in:
40.253(3)(b)(2): " 3. A notice served pursuant to subsection 1 or 2 must: ...(b) Advise the tenant: (2) That ifthe court
determinesthat the tenant isguilty ofan unlawful detainer, the court may issue asummary order for removal ofthe tenant
or an order providing for the nonadtnittance ofthe tenant, directing the sheriffor constable ofthe county toremove the
tenant within 24 hoursafter receipt ofthe order"
and,
40.253(5)(a): "5. Upon noncompliance with the notice: (a) The landlord or the landlord'sagent may apply by affidavit of
complaint for eviction tothe justice court ofthe township in which the dwelling, apartment, mobile home or commercial
premisesare located nr tothe district court ofthe county in which the dwelling, apartment, mobile home nr commercial
premisesare located, whichever hasjurisdiction over the matter. The court may thereupon issue an order directing the
sheriffor constable ofthe county toremove the tenant within 24 hoursafter receipt ofthe order." The way these summary
eviction proceedingsare being carried out in RenoJustice Court presently shocksthe conscience and violatesNevada
law. There isnot basisfor effectuating alockout the way WCSO'sDeputy Machem did in thiscase. The above two
sections containing the "within 24 hoursofreceipt" language are inapplicable, asthose situationsdonot invoke the
present circumstances, where the Tenant did file an Affidavit and did contest thismatter toadegree not often seen. To
require Nevada'stenantstoget up and get out "within 24 hours" of"receipt ofthe order" (what doesthat even mean? The
use oftermslike "rendition", "rendered", "notice ofentry", "pronounced", isabsent here, and this "receipt of the order"
language is something rarely found elsewhere in Nevadalaw-see attached DMV statutory citations, and in employment
law litigationswhere one must file aComplaint within 90 daysof"receipt" ofaRight ToSue Letter, a situation which
followsNRCP 5(b), and NRCP 6(e) in imputing receipt of such a letter, when actual receipt is not shown, by applying a
"constructive notice" standard that relies upon the daysfor mailing extension oftime for itemsserved in the mailing,
etc.). In Abraham v. WoodsHole Oceanographic Institute, 553 F.3d 114 (1st Cir. 2009), the record did not reflect when
the plaintiffreceived hisright-to-sue letter. The letter wasissued on November 24, 2006. The court calculated that the 90-
day period commenced on November 30, 2006, based on three daysfor mailing after excluding Saturdaysand Sundays.
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From: zachcoaghlin
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To: 1699ac9c-69b1-4590-08f6-30dd36e
,,......a.,,, . .
From: achc aughl la 3-03-12 3:09pm p. 17 of 40
In order tobring aclaim under either Title VII or the ADA, aplaintiffmust exhaust administrative remediesand sue
within 90 daysofreceipt ofaright tosue letter. See 42 U.S.C. 2000e-5(f)(1). See Baldwin County Welcome Center v.
Brown, 466 U.S. 147, 148 n.1, 104 S.Ct. 1723, 80 L.E4.2d 196 (1984)(granting plaintiffan additional three daysfor
mailing pursuant toRule 6).
Further, despite what the inaccurate handoutsofNevadaLegal Servicesmay say about this"24 hours" and the
applicability ofthe JCRCP tocaseslike these, NRS 40.400 Rulesofpractice, holds that :"The provisions of NRS, Nevada
RulesofCivil Procedure and NevadaRulesofAppellate Procedure relative tocivil actions, appealsand new trials, sofar
asthey are not inconsistent with the provisionsofNRS 40.220 to40.420, inclusive, apply tothe proceedingsmentioned
in those sections. Assuch NRCP 6(a),(e) applies to the Order ofSummary Eviction that WCSO Deputy Machem alleged,
under penalty ofperjury, that he "personally served" upon me on November I, 2011. That isalie by Mr. Machem, unless
"personally served" isdefined in arather impersonal way and or Mechem and I have totally different understanding ofthe
definition of'personally served", which may be the case. Or, perhapsthe SheriffsOffice isbusy and doesn't want towait
around to"personally servesevery tenant it wishestoevict. Fine, then just use the "mail it and allow three days" rule in
NRCP 6(e)...the landlord'smight not like it, but they can use that frustration asan incentive not tojump tolitigating every
disagreement about habitability that atenant bringstothem. You may not realize how ridiculoussome landlord'sget. In
my case, I offered tofix basic thingsthat clearly implicated the habitability rulesin NRS 118A.290 and the Californian
neurosurgeon, Beverly Hill High School graduate landlord balked and complained than hired and attorney four daysinto
adispute ....at which point the rulesagainst contacting represented partiesprevented much in the way ofreal settlement
discussion, particularly where opposing counsel hascontinuously demonstrated acomplete indifference topursuing
settlement (why would he at the rateshe billshoursat?). I just don't thinkthe SheriffsOffice needstosully itsimage or
damage the citizen tenantsofWashoe County in the mire ofpleasing people like Dr. Matt Merlissor Richard G. Hill,
Esq.
I AM REQUESTING, IN WRITING, THAT BOTH OF YOUR OFFICES INVESTIGATE THIS AND
PROVIDE A SWORN AFFIDAVIT FROM MK MACHEM THAT ADMITS THAT I WAS NOT PERSONALLY
PRESENT WHEN HE SERVED THE ORDER FOR SUMMARY EVICTION IN RJC REV2011-001708 ON 11/1/12
AT 4:30 PM (ACCORDING TO HIS AFFIDAVIT OF SERVICE). YOU NEVER KNOW, I MIGHT HAVE
IRREFUTABLE PROOF THAT I WAS SOMEWHERE ELSE AT THAT TIME, SO, BE CAREFUL. There simply is
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not anything specific in Nevadalaw addressing how such Summary Eviction Ordersare tobe served and carried out The
sectionsdealing with
NRS 40,253 Unlawhil detainer: Supplemental remedy ofsummary eviction and exclusion oftenant for default in
payment ofrent....
6. Upon the filing by the tenant ofthe affidavit permitted in subsection 3, regardlessofthe information contained in the
affidavit, and the filing by the landlord ofthe affidavit permitted by subsection 5, the justice court or the district court
shall hold ahearing. after service ofnotice ofthe hearing upon the parties, todetermine the truthfulnessand sufficiency o
any affidavit or notice provided for in thissection, Ifthe court determinesthat there isnolegal defense astothe alleged
unlawful detainer and the tenant isguilty ofan unlawful detainer, the court may issue asummary order for removal of' the
tenant or an order providing for the nonadrnittance ofthe tenant....
7. The tenant may, upon payment ofthe appropriate feesrelating tothe filing and service ofamotion, file amotion with
the court, on aform provided by the clerkofthe court, todispute the amount ofthe costs, ifany, claimed by the landlord
pursuant toNRS 118A.460 or 118C.230 for the inventory, moving and storage ofpersonal property left on the premises.
The motion must be filed within 20 daysafter the summary order for removal ofthe tenant or the abandonment ofthe
premisesby the tenant, or within 20 daysafter:
(a) The tenant hasvacated or been removed from the premises; and
(b) A copy ofthose chargeshasbeen requested by or provided tothe tenant,
whichever islater.
8. Upon the filing ofamotion pursuant tosubsection 7, the court shall schedule ahearing on the motion. The hearing
must be held within 10 daysafter the filing ofthe motion. The court shall affix the date ofthe hearing tothe motion and
order acopy served upon the landlord by the sheriff, constable or other processserver. At the hearing. the court may:
(a) Determine the costs, ifany, claimed by the landlord pursuant toNRS 1 18A.460 or 118C.230 and any accumulating
daily costs; and
(b) Order the release ofthe tenant'sproperty upon the payment ofthe chargesdetermined tobe due or ifnochargesare
determined tobe due...."
I alsowant toknow why NRS 40. 253(8) wasnot followed with respect tomy November 17th, 2011 filing ofa
Motion toContest Personal Property Lien. Why didn't the WCSO serve notice, asrequired by NRS 40.253(8) upon the
landlord'sattorney Richard Hill? Why didn't I get ahearing within the 10 dayscalled called for by that section (toget
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backmy client'sfilesnoless), but rather, I had towait afull 33 daystoget ahearing, and service ofnotice ofthe hearing
wasnot effectuated, asrequired by NRS 40.235(8), by the WCSO. Why?
Please provide an indication, in writing, ofthe namesand case numbersfor the last 20 incidenceswhen the
WCSO hasserved notice ofahearing set pursuant toNRS 40.253(8). What'sthat? The WCSO hasNEVER served such
notice? Yet the WCSO isthere with bellson (or Mechem is) tolie in AffidavitsofService tolockout the citizen tenants
ofWashoe County impermissilby early visavisNRCP 5(b)(2) and NRCP 6(e)? Why isthat? Isit aconspiracy? Does
money talk? When I wasarrested for trespassing on November 12th, 2011 by RPD Officer ChrisCarter and Sargent
Lopez, Carter admitted tome that "Richard Hill payshim alot ofmoney and therefore he arrestswhom Richard Hill says
toand doeswhat Richard Hill saystodo...." Both Carter and Sargent Lopez refused toinvestigate, despite prompting,
whether Richard Hill hassent the tenant/arrestee abill or demand letter in bill for the full rental value ofthe property,
$900 per month, under some interpretation ofthe "reasonable storage, moving, and inventorying expenses" collectable by
alandlord under apersonal property line set forth in NRS 118A.460 (one could alsointerpret such abill asHill's
withdrawing or eradicating the Order ofSummary Eviction itself, which was not "personally served* by the Washoe
County Sheriff(despite what their Affidavit ofService says...I wasn't even there at the time they changed the locks...and
sothe Summary Eviction Order was not properly served under NRCP 6, and despite the RenoJustice Court
impermissibly converting $2300 ofmy money under a 'rent escrow" Order itsrequired I comply with in order tolitigate
habitability issuesin asummary eviction proceeding under NRS 40.253, despite NRS 40.253(6)'sexpressdicate against
such an Order (unless, pursuant toJCRCP 83, ajustice court getssuch arule, like Justice Court Rule ofLasVegas
(JCRLV) Rule 44, published and approved by the NevadaSupreme Court, which the RJC hasnot, rather, the RJC applies
all these insidioussecret "house rules" (like forcing tenantstodeliver themselvestothe filing office tosubmit topersonal
service notice ofasummary eviction hearing within, like, 12 hoursofthe Tenant filing aTenant'sAnswer or Affidavit in
response toan eviction Notice, rather than the service requirementsofsuch notice following NRCP 6 (daysfor mailing,
etc., etc., in other words, in the RJC everything issped up imperissiIby tohelp landlord'sout, and the NV. S. Ct ruling in
Glazier and Lippisclearly contemplate personal liability against the Court and or Judgesthemselvesfor sodoing)....A
Qui Tarn action or something alaMausertsin SolanoCounty, I believe, in California, would be very interesting...Still
haven't heard anything from the RenoPp about the variouscomplaintsI have filed with them in writing related tothe
wrongful arrests, excessive force and other misconduct committed against me, though they did arrest me the other day for
calling 911incident tosome domestic violence for whichi wasgranted toExtended Protection Ordersagainst my former
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From! zachcough114
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3-03-12 3:09pa p. 20 of 40 To1699ac9c-69b1-4598-8815-30dd36e
housemates....old Sargent Sigfree ordered that arrest, ashe did twodaysprior when he ordered acustodial arrest ofme
"jaywalking".
Funny thing, I never heard anything backfrom the RPD about complaintslike the following one:
"From:
NvRenoPd@coplogic.com
Sent:
Wed 9/07/11 10:51 PM
To: zachcoughlin@hotmail.com
****
DO NOT RESPOND TO THIS E-MAIL"**
Were sorry the following problem was found during review
ofyour submitted report T11005956:
THIS IS NOT THE FORUM FOR THIS TYPE OF COMPLAINT HOWEVER THIS REPORT WAS PRINTED AND
PASSED ON TO THE OFFICER'S SUPERVISOR AND IT WILL BE ADDRESSED.
Thankyou,
Officer WOZNIAK,
RenoPolice Department"
What isinteresting there isthat at least I wasprovided the name ofan officer, a"Wozniak" (though I have been unable to
confirm the existence of
such an RPD Officer... or whether " THIS IS NOT THE FORUM FOR THIS TYPE OF COMPLAINT HOWEVER
THIS REPORT WAS PRINTED AND PASSED ON TO THE OFFICER'S SUPERVISOR AND IT WILL BE
ADDRESSED."
What ismore strange isthat I submitted several online police reports to the Reno PD (a couple of which asserted
complaints against various Reno PD officers, or asked why RDP Officer Carter, whom admitted taking bribes from
Richard G. Hill, Esq. at the time ofmy custodial arrest for trespassing (the one where Richard Hill signed aCriminal
Complaint for trespass, then Officer Carter and Sargent Lopez refused tofollow up on my imploring them toaskHill
whether he hasrecently sent me abill for the "full rental value" ofthe property, the same amount that had been charged
for the "use and enjoyment" ofthe premises, $900, in comparision towhat NRS 118A.460 may deem "reasonable
storage" expensesfor which alien isavailable toalandlord, though NRS 118A.520 hasoutlawed rent distraintsupon
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To 1699a0c-631,1-4598-88f6-30dd36e Fron; zachcoughlin 3-03-12 3:09pa p. 21 of 40
tenantspersonal property....Regardless, between January 8 - 12th, 2012, and wasarrested twice by the RenoPD shortly
after submitting these written complaintstothe RenoPD.
Actually, upon being released from jail on November 15th, 2011, incident tothe custodial trespassarrest, I went
toRichard Hill'soffice toget my wallet and driver'slicense. He refused toprovide it tome until late November 22nd,
2011. Hill called the RenoPD on the 15th (or maybe I did because he waswithholding my state issued ID, the one I
would need torent aroom, drive my car, and my wallet, which iskind of useful in such situations...). Anyways, Sargent
Tarter ofthe RenoPD showed up, he went inside Hill'soffice with Hill for quite some time and the result was Tarter
toning me to leave. I did, but while driving down St. Laurence towardsS. Virginia(Hill'soffice isat 652 Forrest St.
89503 and would have required turning down the wrong way of a one way street, Forrest, to go back to Hill's Office (so
clearly I was not headed toHill'soffice) Sargent Tarter began tailing me, then he pulled me over, then he gave me a
ticket, in retaliation ifyou askme for reporting RPD Officer Carter admitting that he takesbribesfrom Hill toSargent
Tarter minutesearlier. Uh, well, anyways, another Sargent callsme later that night, taking the "good cop" role. But upon
informing him ofwhat RPD Officer Carter told maabout Hill paying him money toarrest people during the 11/12/11
trespassing arrest., that Sargent immediately informed me that, despite thisbeing the lust he heard ofthat, he wassure that
wasnot happening....I guessRPD Officer Carter istrying toexplain away hiscommentsabout Richard Hill paying him
money toarrest people by dismissing them assarcasm, ajoke, said in jest, whatever....but I don't see how that situation (a
license attorney getting arrested for acrime, aconviction for which would result in that attorney being required toreport
said conviction tothe State Bar ofNevadaunder SCR 111, etc., and possibly resulting in asuspension ofthat attorney's
license topractice law, or worse...) isall that jocular ofasituation. Combine that with the tooquicktodismissmy reports
ofbribery by Richard Hill toofficer Carter tothe RPD Sargent whocalled me on 11/15/11 regarding the retaliation by
Sargent Tarter that I complained of, and I don't thinkit isall that unreasonable for anyone totake Rpr3 Officer Carter at
hisword regarding Richard G. Hill, Esq. paying him money to arrest whom Hill says to arrest. Add to that Sargent
Sigfree ordering my arrest for jaywalking (by atrainee RPD Officer) on January 12th. 2011 (custodial arrest, bail of$160
emptied my bankaccount out, or pretty close toit) white I waspeacefully filming from apublic spot Richard G. Hill,
Emitscontractor Phil Howard, whom had submitted billsin courtsrecordsand filingsunder the lien for "reasonable
storage moving and inventorying" found in NRS 118A.460, even where old Phil used my own plywood at the property to
board up the backporch (curiously leaving the screws holding up the plywood exposed toexterior of the properly where
anyone could easily unscrew them, and alsoleaving in awindow unit ac secured only by ducttape in a window facing a
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sidewalkby the LakeMill Lodge.... which resulted in $8,000 at least ofmy personal property being burglarized from my
form er home law office on Decnieber 12th, 201 1 while Hill wasasserting alien an all my personal property found therein
(and my client'stiles, which arguably are not even my property, but rather, the clientsproperty). Hill went on toplace
what he believestobe my social security number in court records, on purpose, despite hissigning an Affirmation
pursuant toNRS 239B.030 that that wasnot the case (attaching atwopage report tothe RPD asan Exhibit). Then Hill
and hiscontractor Phil Howard both committed perjury when the signed Declarationsattesting that I had climbed on the
contractorstruckor ever touched Hill. Hill liesconstantly, whether under penalty ofperjury or now, soI don't have time
torebut every little lie he makes(he makesme out tocomesacrossasaYosemite Sam caricature ofahuman being in his
filingswhen he describesme,..).
Further, why am I arrested for trespassing and not those from NevadaCourt Serviceswhere they went behind
closed gate the the backyard ofmy home law office and banged on window extremely loudly for 40 minutesat atime 3
timesaday, one guy ringing the doorbell, one guy moving around all other sidesofthe property banging on the windows,
peering in closed blinds, and affecting aphony 'color oflaw" tone, resemblance, and verbal communications,
misleadingly announcing that they were "Court Services, come out now!", wearing their pretend Sheriffoutfits, big
equipment saddled belts(including firearms, I believe, and radios), etc. ,etc.
http://www.youtube.com/watch?v=jQl 32q207DY
Add tothat that NevadaCourt ServicesJeffChandler drivesby in hisMonster Truckbaring hispersonalized "NCS"
license plate while I am in the RPD squad car, handcuffed, outside my former law office at 121 River Rock, at the time of
the 1/12/12 jaywalking arrest and the appearancesare troubling. Now, add tothat that Lew Taitel, Esq. wasmy court
appointed public defender in the RenoMunicipal Court in the trespasscase, and that Judge Gardner had refused to
provide me the namesofprospective appointed defense counsel (I wanted torun aconflictscheck) at my arraignment
(where Marshal Mentzel harked at me in athreatening tone, using menacing language), whereupon Taitel wasappointed
asmy defense attorney and filed anotice ofappearance, and received my confidential file, pc sheet, arrest reports, ssn,
etc....only itsturnsout that Taitel sharesand office and areceptionist with NevadaCourt Servicesand they list him and
hispicture on their website as"associated with" their ProcessServer corporation, despite the prohibition lawyersface
against fee sharing with non-lawyers. Then, Taitel somehow managestoget out ofdefending my case without filing a
Motion toWithdraw asCounsel, despite that being required by the RenoMunicipal Court Rule 3(3):
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From: zachcoughlin
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From: zschcoughltn 3-03-12 319pap. 23 of 40 To: 1599ac9c-6961-4590-08f6-30dd35e
RMCR Rule 3(B): Authorization toRepresent (B): An attorney desiring towithdraw from acase shall file a
motion with the court and serve the City Attorney with the same. The court may rule on the motion or set ahearing.
But, perhapsmost troubling ofall isthe implication that the RenoCity Attorney'sOffice, which defendsactions
against the City ofRenoPolice Department and itsOfficers, hasavested interest in discrediting me in advance ofthe
wrongful arrest lawsuit that the RenoCity Attorney'soffice knew wasimminent at the time ofall ofthe above incidents,
relating tothe following August 20th, 2011 wrongful arrest by RPD Officer'sDuralde and Rosa.
http://www.youtube.com/watch7v=5PR7q40I5b0 So, that'swhat attempting tocoerce asuspect'sconsent toan
impermissible search soundslike? Add tothat that the trespassing case isbefore Judge Gardner, whom most recently was
employed with the RenoCity Attorney'sOffice
And, you know what isfunny? Officer Del Vecchiocuffed me and placed me in hissquad car last summer after
he terrified me and another gentleman whohad bicycles. He veered acrossthe road and screeched hissquad car toahalt,
jumped out, and did some other stuff, then demanded my name and ID...and the lawyer in me didn't like that that much,
and he didn't like m e not wanting togive it tohim. Thisoccurred right in front ofmy home law office in the summer of
2011. He cuffed me and told me I wasgoing tojail for something about alight on the front ofmy bicycle (the one NV
Energy likely stole when the shut offmy power, unnoticed, or. October 4, 2011) despite my bike actually having such a
light....but then Del Vecchio'spartner did him asolid and talked some sense intohim, and I humbled it up for Del
Vecchioand we both let it go, and I didn't gotojail ... Until Del Vecchiowaspresent supervising some Officer'straining
at the scene ofmy custodial (9 hour) jaywalking arrest) on 1/12/12. But Del Vecchio, I guesseither didn't want toor
wasn't able totalksome sense intoSargent Sigfree .... and then Sargent Sigfree (the spelling islikely off) had me arrested
and charged with agrossmisdemeanor, 'Misuse of911" just twodayslater, on January 14th, 2011 when I called 911 to
report that my roommateswere laughing menacingly when I asked them why my dog wasmissing (I had alsobeen
chased up tomy room num eroustimessince moving in with these people, something I had todobecause somuch ofmy
money had been taken up with bail or lost earningsdue toall these wrongful arrestsand abuse ofprocessesmentioned
above...alsothese housernateshad chased me with aten inch butcher knife, twoofmy tireswere slashed, I waslocked out
all night on New YearsEven when these changed the locksat around midnight. had my farnitare thrown in the street,
property stolen, coffee thrown on me, destroying my smart phone in the process, etc., etc...And despite the housemate
having an outstanding arrest warrant, and animal abuse being listed amongst the elementsofdomestic violence, Sargent
Sigfree told me he wasarresting me because I "keep putting yourselfin these situations", like, where I am avictim, and
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that he was"trying tohelp you", he said with asmirkand alaugh tohisfellow RPD Officers, whom then proceeded to
use excessive force against me. I guesshe washelping me by saddling me with agrossmisdemeanor with a$1,500 bail,
especially where itsbeen arranged for Court Services, or pro-Trial Servicestoforever deny me an OR, despite my
meeting the factorsfor such set forth in statute (30 year resident, entire immediate family liveshere, licensed topractice
law in Nevada, etc., etc)...I guessit should not be toomuch ofasurprise tome that RenoCity Attorney Pam Roberts
failed toaddressthe perjury ofall three ofher witnessesor that her fellow RenoCity Attorney Christopher Hazlett-
Stevenslied tome about whether or not the Reno City AttorneysOffice even had any documentation related tomy arrest
or whether it would in the month before my arraignment, despite that fact that subsequent productionsofdiscovery tend
toindicate that the RenoCity Attorney'sOffice did have those materialsat the time. I could be wrong about some of
this...But that would require and awful lot ofcoincidences.
Further, the law in our State does not seem exceptionally clear with regard to the service and
process requirements and timelines, and manner of calculating time with respect to the "receipt" of
Lockout Orders. The Affidavit of Service by Machen states that he "personally served the described
documents upon" my, Zach Coughlin...However, I can attest by Affidavit that I was not "personally
served" to the extent that "personally served" means or implies that I was there, that Machen saw me
or identified me, or any of the other indicators of something, such as a Complaint, being "personally
served" such as I understand the phrase to me. NRCP 5(bX2XA)(i-iii). Further, as Baker and Hill
have so often pointed out, I cannot, according to them, receive any attorney's fee award for appearing
as pro se attorney, as such, NRCP 5(b)(2)(A)(i.iii), should apply to me only as a party, and not as a
party's attorney, and, therefore, according to NRCP 5, Service: "(2) Service under this rule is made
by: (A) Delivering a copy to the attorney or the party by: (i) handing it to the attorney or to the party;
(ii) leaving it at the attorney's or party's office with a clerk or other person in charge, or if there is no
one in charge, leaving it in a conspicuous place in the office; or (iii) if the office is closed or the
person to be served has no office, leaving it at the person's dwelling house or usual place of abode
with some person of suitable age and discretion residing there..." So, either it was my office, in
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00909
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lo: LovJacyc-pyoi-tm-agro-Juaasoe troll: z ac nc ascot in
which case a No Cause Eviction Notice makes impermissible a Summary Eviction Proceeding under
NRS 40.253, and therefore, the Order of Summary Eviction is void for lack of jurisdiction, or, the
Affidavit of Service was on my home, and was not "handed" to me, or "personally served" (despite
the Affidavit attesting to having "personally served" me), nor was the Order of Summary Eviction
served in accordance with NRCP 5(b)(2)(A)(iii), which requires: "if the office is closed or the person
to be served has no office, leaving it at the person's dwelling house or usual place of abode with
some person.of suitable age and discretion retailing there.."
Further, I believe posting an Order on one's residence door, particularly in the context of serving a No
Cause Notice of Eviction or Unlawful Detainer, is only valid lithe document being served is also
placed in the mail and 3 non judicial days are accorded for service to be complete. See NRCP 6(e). I
do not believe they can prove that at all, not even close. NRCP applies to Summary Eviction
Actions, according to the following:
"NRS 40.380 Provisions governing appeals. Either party may, within 10 days, appeal from the
judgment rendered. But an appeal by the defendant shall not stay the execution of the judgment,
unless, within the 10 days, the defendant shall execute and file with the court or justice the
defendant's undertaking to the plaintiff, with two or more sureties, in an amount to be fixed by the
court or justice, but which shall not be less than twice the amount of the judgment and costs, to the
effect that, if the judgment appealed from be affirmed or the appeal be dismissed, the appellant will
pay the judgment and the cost of appeal, the value of the use and occupation of the property, and
damages justly accruing to the plaintiff during the pendency of the appeal. Upon taking the appeal
and filing the undertaking, all further proceedings in the case shall be stayed."
Actually, alot ofpeople seemed confused regarding the "24 hours" lockout thing. The only appearance in either NRS
118A or NRS 40, in the provisionsapplicable toSummary Eviction Proceedingsofanything related to"24 hours" isin
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NRS 40.253(5), which only speakstoasituation where the Tenant doesnot file aTenantsAnswer cr TenantsAffidavit,
which isclearly inapplicable here, asthe Tenant did file such aOpposition tothe NoCause Eviction Notice: "5. Upon
noncompliance with the notice:
(a) The landlord or the landlord'sagent may apply by affidavit ofcomplaint for eviction tothe justice court ofthe
township in which the dwelling, apartment, mobile home or commercial premisesare located or tothe district court ofthe
county in which the dwelling, apartment, mobile home or commercial premisesare located, whichever hasjurisdiction
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the tenant within 24 hoursafter receipt ofthe oilier The affidavit must state or contain..."
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So, absent some statutory provision allowing the Order ofSummary Eviction toresult in alockout by the Washoe
County SheriffsOffice prior tothe 3 daysfor mailing where personal service ofthe Order ofSummary Eviction wasnot
effectuated, despite what WCSO employee may have incorrectly (or falsely) asserted in the WCSO'sJohn Machem's
Affidavit ofService from, file stamped November 7, 2011 (especially where it istimestamped 4:30 pm, November 1,
2011, especially where the Order ofSummary Eviction explicitly readsthat nosuch lockout shall occur prior to5:00 pm
on November 1, 2011). See, NRCP 5(b)(2)(A)(i-iii), NRCP 6(e).
15
Interestingly. Richard Hill knows his case is toast under NRCP3Lb)(211A)(1
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111). NRCP
6(e), in addition to NRCP 11. That is why in,Richard Hill
'
s November 21. 2011 Motion for
Order To Show Cause. on page 2. Hills resorts to literally grasping at straws. imagining that
will
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It the Washoe County Sheriff's Office customarily does is somehow automatically codified
into mandatory precedent black letter law. Ip wit. Richard Hill wrote in his Motion For Order
To Show Cause that
"
FACTS SHOWING CONTEMPT OF COURT 6PEXHH]IT I was
served on Coughlin on November " 2011 by the Washoe County Sheriffs Department, by
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Washoe County. The locksto the_premisep IvIre changed at that time, thereby ejecting and
dispossessing Coughlin of possession of the Property.
"
Further, therein Richard Hill admits
that the lockout occurred at 4:30 pm. asAndicated in writing in the WCSO's Ma chern
i
s
Affidavit of Service, contra to the mandate of Judge Sferrazza's Order of Summary Eviction
requiring any lockout to occur after 5;00pin. November L 2_011,
NRS 40,385 Stay of execution upon appeal; duty of tenant who retains possession of
premises to pay rent during stay, Upon an appeal from an order entered pursuant to NRS
40,253;
I- Except as otherwise provided in this subsection, a stay of execution may he obtained by
filing with the trial sourt a bond 11
1
1 the tmount of 5250 to cover the expected costson apnea'. In
au action come/Min P a lease of commercial property or any other property for which the
monthly rent exceeds 51,000, the court may, upon its own motion or that of a party, and upon a
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showing of good cause, order an additional bond to be posted to cover the expected costs on
appeal. A surety upon the bond submits to the jurisdiction of the appellate court and
vo 1 oints the cl . et 's a. eJ t u o to rr a F ers affect'
the surety's liability upon the bond may be served. Liability of a surety may be enforced. or the
bond may be released, on motion in the appellate court without independent action.
2. A tenant whoretainspossession of the premisesthat are the subject of the appeal during the
pendency of the appeal shall pay tothe landlord rent in the amount provided in the underlying
contract between the tenant and the landlord as it becomesdue. If the tenant failstopay such rent, the
landlord may initiate new proceedingsfor a summary eviction by serving the tenant with anew
notice pursuant toNRS 40.253.
NRS 40.390 Appellate court not todismissor quash proceedingsfor want of form. In all cases
of appeal under NRS 40.220 to40 420, inclusive, the appellate court shall not dismissor quash the
proceedingsfor want of form, provided the proceedingshave been conducted substantially according
tothe provisionsof NRS 40,220 to40.420, inclusive; and amendmentstothe complaint, answer or
summons, in mattersof form only, may be allowed by the court at any time before final judgment
upon such termsasmay be just; and all mattersof excuse, justification or avoidance of the allegations
in the complaint may be given in evidence under the answer.
NRS 40.400 Rules of practice. The provisions of NRS. Nevada Rules of Civil Procedure
and Nevada Rules of Appellate Procedure relative to civil actions, appeals and new trials. so_far
asthey are not inconsistent with the provisions of NRS 40.220 to 40.420. inclusive, apply to the
proceedings m sections.'
So, considering that NRS 40.400 requiresthat NRCP apply toSummary Eviction Proceedingsunder
NRS 40.253, then service, process, and time calculationsof such must comport with the dictatesof
NRCP 5-6: " RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
(a) Service: When Required. Except asotherwise provided in these rules, every order required
by itstermstobe served, every pleading subsequent tothe original complaint unlessthe court
otherwise ordersbecause of numerousdefendants, every paper relating todiscovery required tobe
served upon aparty unlessthe court otherwise orders, every written motion other than one which may
be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of
record on appeal, and similar paper shall be served upon each of the parties. Noservice need be made
on partiesin default for failure toappear except that pleadingsasserting new or additional claimsfor
relief against them shall be served upon them in the manner provided for service of summonsin Rule
4.
(b) Same: How Made.
(1) Whenever under these rulesservice isrequired or permitted tobe made upon aparty
represented by an attorney, the service shall be made upon the attorney unlessthe court ordersthat
service be made upon the party.
(2) Service under thisrule ismade by:
(A) Delivering acopy tothe attorney or the party by:
(i) handing it tothe attorney or tothe party;
(ii) leaving it at the attorney'sor party'soffice with aclerkor other person in
charge, or if there isnoone in charge, leaving it in aconspicuousplace in the office; or
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(iii) if the office is closed or the person to be served has no office, leaving it at the
person's dwelling house or usual place of abode with some person of suitable age and discretion
residing there.
(B) Mailing a copy tothe attorney or the party at his or her last known address.
Service by mail is complete on mailing: provided, however, a motion, answer or other
document constituting the htitialsppearance ofa party must alsoifserved by mail.be filed
within the time allowed for service: and provided further, that after such initial appearance,
flerviee by mail be made only by mailing from a point within the State ofNevada.
(C) lithe attorney or the party has no known address, leaving a copy with the clerk of the
court.
(D) Delivering a copy by electronic means ifthe attorney or the party served has
consented toservice by electronic mearta,_Service by electronic mearts,is complete on
transmission provided, however, a motiop, answer or other document constituting the initial
appearance ofa party must also.ifseryed by electronic means.be filed within the time allowed
for service.The served attorney's or party's consent toservice by electronic means shall be
expressly stated and filed in w_Liting with the clerk ofthe court and served on the other parties
tothe action.The written consent shall identify;
(i) the persons upon whom
.
sjirvlce must be made;
(ii) the appropriate address or location for such service.such as the
electronic-mail address or facsimile number:
(iii) the format tobe used for attachments; and
(ivlany other limits on the scope or duration ofthe consent.
An attorney's or party's consent shall renuhreffective until expressly revoked or until the
representation ofa party changes through entry.withdrawal.or substitution ofcounsel.An
attorney or party who has consented to service by electronic means shall, within 10 days after any
change of electronic-mail address or facsimile number, serve and file notice of the new electronic-
mail address or facsimile number.
(3) Service by electronic means under Rule 5(b)q)(D) is not effective ifthe party
making service learns that the attempted service did not reach the person tobe served.
(4) Proof of service may be made by certificate of an attorney or of the attorney's employee,
or by written admission, or by affidavit, or other proof satisfactory to the court. Failure to make proof
of service shall not affect the validity of service...
RULE 6."TIME
(a) Computation. In competing any period of time prescribed or allowed by these rules. by the
local rules of any district court, by order of court, or by any applicable statute, the day of the act,
event, or default from which the designated period of time begins to run shall not be included. The
last day of the period so computed shall be included unless it is a Saturday, a Sunday. or a
nonjudicial day, in which event the period runs until the end of the next day which is not a Saturday,
a Sunday, or a nonjudicial day. or. when the act tobe done is the filing of a paper in court, a day on
which weather or other conditions have made the office of the clerk of gip district court inaccessible
in which event the period runs until the end ofthe next day which is not one ofthe aforementioned
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days, When the period of time prescribed or allowed islessthan 11 days. intermediate Saturdays.
Sundays, and nonjudicial daysshall be _excludecl in the computation except for those proceedings
filed under Titlesj2 or 13 of the NevadaRevised Statutes...
(e) Additional Time After Serice by Mail or Electronic Means. Whenever a party has the
right or is required to do some act or take same proceedings within a prescribed period after
the service of a notice or other paper, other than process. upon the party and the notice or
paper is served troonthe party by manor by electronic means. 3 days shall be added to the
prescribed period.
Subdivision (a) isrevised toextend the exclusion of intermediate Saturdays, Sundays, and
nonjudicial daystothe computation of time periodslessthan 11 daysconsistent with the 1985
amendmentstothe federal rule. Additionally, the "inaccessibility of the court" provision found in
subdivision (a) of the federal rule isadded toRule 6(a). Subdivision (a) isfurther amended, by adding
language referring to"proceedingsfiled under Titles12 or 13 of the NevadaRevised Statutes," to
avoid any changestocurrent proceduresin probate, guardianship and trust proceedings....
Subdivision (e) isamended toprovide an additional 3 daystoact in response toapaper that is
served by electronic meansunder new paragraph (2)(D) added toRule 5(b)."
NRS 40.253 Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant
for default in payment of rent.
1. Except asotherwise provided in subsection 1 0, in addition tothe remedy provided in NRS 40.25) 2 and
40.290 to 40.420, inclusive, when the tenant of any dwelling, apartment, mobile home, recreational
vehicle or commercial premises with periodic rent reserved by the month or any shorter period
is in default in payment of the rent, the landlord or the landlord'sagent, unlessotherwise agreed in
writing, may serve or have served anotice in writing, requiring in the alternative the payment of the
rent or the surrender of the premises...
4. If the tenant filessuch an affidavit at or before the time stated in the notice, the landlord or
the landlord'sagent, after receipt of afile-stamped copy of the affidavit which wasfiled, shall not
provide for the nonadmittance of the tenant tothe premisesby locking or otherwise.
5. Upon noncompliance with the notice:
(a) The landlord or the landlord'sagent may apply by affidavit of complaint for eviction tothe
justice court of the township in which the dwelling, apartment, mobile home or commercial premises
are located or tothe district court of the county in which the dwelling, apartment, mobile home or
commercial premisesare located, whichever hasjurisdiction over the matter. The court may
thereupon issue an order directing the sheriff or constable of the county toremove the tenant within
24 hoursafter receipt of the order..
6.
Upon the filing by the tenant of the affidavit permitted in subsection 3, regardlessof the
information contained in the affidavit, and the tiling by the landlord of the affidavit permitted by
subsection 5, the justice court or the district court shall hold ahearing, after service of notice of the
hearing upon the parties, todetermine the truthfulnessand sufficiency of any affidavit or notice
provided for in thissection.
If the court determines that there is no legal defense asto the alleged
unlawful detainer and the tenant is guilty of an unlawful detainer, the court may issue a
er fi rem ova i - i s . ti. cwitl
.
Ir tt tio,t ii 'ttanc
tenant, lithe court determines
that there is a legal defense as to the alleged unlawful detainer.
the court shall refuse to grant either party any relief, and
s except as otherwise provided in this
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subsection.shall requite that any further proceedings be conducted pursuant toN_RS 40.290 to
40.420.inclusive.The issuance ofa summary order for removal ofthe tenant does not preclude
an action by the tenant fotany damages or other relieftowhich the tenant may be entitled....
7.The tenant may, upon payment ofthe appropriate fees relating tothe filing and service ofa
motion, file a motion with the court, on a form provided by the clerk ofthe court, todispute the
amount ofthe costs, ifany, claimed by the landlord pursuant toNRS 118.207 or 118A.460 for the
inventory, moving and storage ofpersonal property left on the premises.The motion must be filed
within 20 days after the summary order for removal ofthe tenant or the abandonment ofthe premises
by the tenant, or within 20 days after:
(a) The tenant has vacated or been removed from the premises; and
(b) A copy ofthose charges has been requested by or provided tothe tenant,
whichever is later.
8. Upon the tiling ofa motion pursuant tosubsection 7.the court shall schedule a hearing
on the motion.The hearing must be held within 10 days after the filing ofthe motion.Thtcourt
shall affix the date ofthe heating tothe motion and order a copy served upon the landlord by
the sherifconstable or other process server.At the hearing, the court may:
(a) Determine the costs, ifany, claimed by the landlord pursuant toNRS 118.207 or 118A.460
and any accumulating daily costs; and
(b) Order the release ofthe tenant's property upon the payment ofthe charges determined tobe
due or ifnocharges are determined tobe due."
Landlord Merliss filed only a NoCause Notice ofEviction in REV2011-001708 on Commercial
Tenant Zach Coughlin, Esq.'s law office.As such, a Summary Eviction Proceeding is impermissible
given the requirement ofNRS 40.253that the Notice alleged non-payment ofrent toallow the
landlord toproceed under the Summary Eviction Proceeding section, NRS 40.253, Further, Judge
Sferrazza was precluded from ruling on anything other than possession ofthe premises pursuant to
NRS 40.253(6), Anvui, and Glazier.Further, the tenancy did not terminate under the Lease
Agreement, it ws renewed.
NRS 40.254 Unlawful detainer: Supplemental remedy ofsummary eviction and exclusion of
tenant from certain types ofproperty.Except as otherwise provided by specific statute, in addition to
the remedy provided in NRS 40.251 and in NRS 40.290 to40.420, inclusive, when the tenant ofa
dwelling unit which is subject tothe provisions of
chapter 118A ofNRS, part ofa low-rent housing
program operated by a public housing authority, a mobile home or a recreational vehicle is guilty of
an unlawful detainer, the landlord is entitled tothe summary procedures provided in
NRS 40.253
except that:
1.Written notice tosurrender the premises must...(c)
A statement that the doinifor reliefwits
authorized by law.
As such, the tooearly lockout brings intoplay the following:
"NRS 118A.390 Unlawful removal or exclusion oftenant or willful interruption ofessential
services; procedure for expedited relief.
1.Ifthe landlord
unlawfully removes the tenant from the premises or excludes the tenant by
blocking or attempting toblock the tenant's entry uport_be premises or willfully interrupts or
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causes or permits the interruption of any essential service required by the rental agreement or
this chapter, the tenant may recover imrotwillatp possession nursuant to subsection 4, proceed
under NRS 118A.380 or terminate the rentalfigreement and. in addition to any other remedy.
recover the tenant's actual damages. restive pumnpunt not greater than S1-000 to be fixe_d_ by
the court, or both.
2. In determining the amount, if any, to be awarded under subsection 1, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harm to the tenant caused by the landlord's conduct.
3. If the rental agreement is terminated pursuant to subsection 1, the landlord shall return all
prepaid rent and security recoverable under this chapter.
4. Except as otherwise provided in subsection 5, the tenant may recover immediate possession of
the premises from the landlord by filing a verified complaint for expedited relief for the unlawful
removal or exclusion of the tenant from the premises or the willful interruption of essential services.
S. A verified complaint for expedited relief:
(a) Must be filed with the court within 5 judicial days after the date of the unlawful act by the
landlord, and the verified complaint must be dismissed if it is not timely filed. lithe verified
complaint for expedited relief is dismissed pursuant to this paragraph, the tenant retains the right to
pursue all other available remedies against the landlord.
(b) May not be filed with the court if an action for summary eviction or unlawful detainer is
already pending between the landlord and tenant, but the tenant may seek similar relief before the
judge presiding over the pending action.
6. The court shall conduct a hearing on the verified complaint for expedited relief within 3
judicial days after the filing of the verified complaint for expedited relief. Before or at the scheduled
hearing, the tenant must provide proof that the landlord has been properly served with a copy of the
verified complaint for expedited relief. Upon the hearing, if it is determined that the landlord has
violated any of the provisions of subsection I, the court may:
(a)
Order the landlord to restore to the tenant the premises or essential services, or both;
(b) Award damages pursuant to subsection 1; and
(c) Enjoin the landlord from violating the provisions of subsection I and, if the circumstances so
warrant, hold the landlord in contempt of court.
7. The payment of all costs and official fees must be deferred for any tenant who files a verified
complaint for expedited relief. After any hearing and not later than final disposition of the filing or
order, the court shall assess the costs and fees against the party that does not prevail, except that the
court may reduce them or waive them, as justice may require."
"NRS 118A.090 "Exclude" defined. "Exclude" tn cans to evict or to prohibit entry by locking doors or by otherwise
blocking or attempting to block entry, or to make
a dwelling unit uninhabitable by interrupting or causing the interruption
of electric, gas, water or other essential services."
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ALL PAPERS AND PLEADINGS AND CORRESPONDENCS PREVIOUSLY SUBMITTED TO THE RENO
JUSTICE COURT AND OR ITS EMPLOYEES IS HEREBY INCORPORATED BY REFERENCE INTO THIS
FILING.
NRS 118A.190: " Notice: Definition; service.
1. A nelson hasnotice ofafact if:
(a) The person hasactual knowledge alit;
(b) The person hasreceived anotice or notification ofit; or
(c) From all the facts and circumstancesthe person reasonably should know that it exists.
2. Written notices to the tenant prescriked by this chapter shall be served in the manner provided by NRS
40.280,
3 Written noticestothe landlord prescribed by thischapter may be delivered or mailed tothe place ofbusinessofthe
landlord designated in the rental agreement or toany place held out by the landlord asthe place for the receipt ofrental
paymentsfrom the tenant and are effective from the date ofdelivery or mailing."
"NRS 40.280 Service ofnoticestoquit; proofrequired before issuance oforder toremove,
1. Except asotherwise provided in NRS 40.253, the noticesrequired by NRS 40.251 to40.260, inclusive. may be
served:
(a) By delivering acopy tothe tenant personally, in the presence ofawitness;
(b) Ifthe tenant isabsent from the tenant'splace ofresidence or from the tenant'susual place ofbusiness, by leaving
acopy with aperson ofsuitable age and discretion at either place and mailing acopy tothe tenant at the tenant'splace of
residence or place ofbusiness; or
(c) Ifthe place ofresidence or businesscannot be ascertained, or aperson ofsuitable age or discretion cannot be
found there, by posting acopy in aconspicuousplace on the leased property, delivering acopy toaperson there residing,
ifthe person can be found, and mailing acopy tothe tenant at the place where the leased property issituated."
I did not receive any ofthe emailsallegedly sent tomy from Richard Hiltsemail address, rhill@richardhillaw.com
between August 18th, 2011 toNovern ber 17th, 2011, and certainly none from rhill(a,richardhilIaw.com during the period
between the illegal lockout at 4:30 pm November 1, 2011 and the trespassarrest ofNovember 13th, 2011 which allegedly
spoke tomy being provided accesstothe property for the purpose ofmy removing my belongings, despite my numerous
callsand written requests, which outlined the exigenciesinherent tomy being precluded accesstomy client files incident
toan unlawful and improperly notice and tooearly occurring lockout by the WCSO. I and my businesshave been
damaged greatly by these acts. Further, I had repeatedly sent both Baker and Hill notice, in writing, that I did not consent
toservice or notice ofanything viaelectronic means. Further NRS 118A.190 doesnot speakto"notice or alegal
finding, but rather to
"notice ofafact". Assuch, I wasnot appropriately served notice ofthe Order ofSummary Eviction,
and an illegal lockout occurred, assuch nocriminal trespasscharge can stand.
"NRS 118A.260 Disclosure of names and addressesofmanagersand owners; emergency telephone number, service of
process.
1. The landlord, or any person authorized toenter intoarental agreement on hisor her behalf, shall disclose tothe
tenant in writing at or before the commencement ofthe tenancy:
(a) The name and addressof:
(1) The personsauthorized tomanage the pram lees;
(2) A person within this State authorized toact for and on behalfofthe landlord for the purpose ofservice of
processand receiving noticesand demands; and
(3) The principal or corporate owner.
(h) A telephone number at which aresponsible person whoresidesin the county or within 60 milesofwhere the
premisesare located may be called in case ofemergency.
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2. The information required tobe furnished by thissection must be kept current, and thissection isenforceable
against any successor landlord or manager ofthe premises.
3. A party whoentersintoarental agreement on behalfofthe landlord and failstocomply with thissection isan
agent ofthe landlord for purposesof
(a) Service ofprocessand receiving noticesand demands; and
(b) Performing the obligationsofthe landlord under law and under the rental agreement
4. In any action against alandlord which involveshisor her rental property, service ofprocessupon the manager of
the property or aperson described in paragraph (a) ofsubsection 1 shall be deemed tobe service upon the landlord. The
obligationsofthe landlord devolve upon the personsauthorized toenter intoarental agreement on hisor her behalf.
5. Thissection doesnot limit or remove the liability ofan undisclosed landlord."
NRS 40.310 Issue offact tobe tried by jury ifproper demand made. Whenever an issue offact ispresented by the
pleadings, it shall be tried by ajury, ifproper demand ismade pursuant tothe NevadaRulesofCivil Procedure or the
Justice Court Rules ofCivil Procedure
Actually, alot ofpeople seemed confused regarding the "24 hours" lockout thing. The only appearance in either NRS
118A or NRS 40, in the provisions applicable to Summary Eviction Proceedingsofanything related to"24 hours" isin
NRS 40.253(5), which only speakstoasituation where the Tenant doesnot file aTenant'sAnswer or Tenant'sAffidavit,
which isclearly inapplicable here, asthe Tenant did file such a Opposition tothe NoCause Eviction Notice: "5. Upon
noncompliance with the notice:
(a) The landlord or the landlord's agent may apply by affidavit of complaint for eviction to the justice court of the
township in which the dwelling, apartment, mobile home or commercial premisesare located or tothe district court ofthe
county in which the dwelling, apartment, mobile home or commercial premises are located, whichever has jurisdiction
over the matter. Tlitsgurimay thereupon issue an order directing the sheriff or constable of the county to remove
the tenant within 24 hours after receipt of the order, The affidavit must state or contain..."
So,ftbsent some statutory provislop allowing the Order gf Summary Eviction to result in a
lockout by_the Washoe County Sheriff's Office prior to the 3 days formailing where personal
service of the Order of Summary Eviction was not effectuated, despite what WCSO employee
ponEhave incorrectly (or fatsely) asserted imp WCSO's John IVIachern's Affidavit of Service
from, file stamped November 7.2011. Attached as Exhibit I. Exhibit 1: was not effectuated.
despite what WCSO employee may have incorrectly (or falsely) asserted in the WCSO's John
IVIachem's Affidavit of Service from. file stampedNovember 7. 2011 along with written
admission from WCSO Civil Service Division Supervisor Liz Stuchell that Machem only posted
the Order of Summary Eviction on the door of the former home law office, rather than
"personally served" it and Richard Hill Esq's own Proof of Service of Notice of Entry of the
Order for Summary Eviction showing a mailed on date of November 1, 2011 (and the RJC
never mailed a copy of that ORder according the to Record on Appeal in CV11- 03628): three
(3) pages.
AFFIRMATION PURSUANT TO NRS 23913.030
The undersigned does hereby affirm that the preceding document does not contain the social
security number of any person.
Dated at Reno, Nevada, this 3rd day of March, 2012,
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Co- counsel for the Defendant
trams zacncougnsin J-U3-11 stuns p. J4 0 4U 10: 1099aC9C
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LAW OFFICES OF Zachary Barker Coughlin
h Coughlin, Esq.
Nevada Bar No: 9473
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PROOF OF SERVICE
Pursuant to NRCP 5(b), I certify that I served a copy of the foregoing document upon the
following party by faxing, emailing, dropping off at their office, and placing a true and correct copy
of the foregoing document in the us mail addressed to:
Jill Drake, Esq.
Reno City Attorney's Office - Criminal Divison
P.O. B ox 1900
Reno , NV 89505
Phone Number: 775-334-2050 Fax number: 775-334-2420
Drake @reno.gov
Attorney for City of Reno
Keith Lloyd Loomis, Esq.
9468 Double R B lvd. Suite A
Reno, NV 89521
Phone Number: 775-853-7222 Fax number: 775.853-0860
keithloomis@earthlink.net
RMC Filing Office Fax Machine: Fax: (775) 334-3824
Date this March 3, 2012:
/S/ Z C,u
Zach Cou:1 in, Defendant
Co-Counsel for Defendant
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To 1699ac9c-69b1-4598-88f6-30dd36e From nelicoughlin 3-03-12 3:09pm p. 36 of 40
INDEX TO EXHIBITS
1. Exhibit 1: was Dot effectuated. despite whgt WCSO employee may have iticorrectly (or
falser) asserted in the WCSO's John Macheoes Affidavit of Service from, file stamped
November 7.2011 along with written admission from WCSO Civil Service Division Supervisor
Liz Stuchell that Machem only posted the Order of Summary Eviction on the door of the
former home law office, rather than "personally served" it and Richard Hill Esq's own Proof o
Service of Notice of Entry of the Order for Summary Eviction showing a mailed on date of
November 1, 2011 (and the RJC never mailed a copy of that ORder according the to Record on
Appeal in CV11- 03628): three (3) pages,
- 36 -
NOTICE OF APPEARANCE AS CO- COUNSEL AND MOTION TO DISMISS
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00921
00921
To: 1699ac9c-69b1-4590-00f6-30dd36e From: zachcaughlin 3-03-12 3:09pm p. 37 of 40
EXHIBIT 1
EXHIBIT 1
00922
00922
Zach Coughlin, Esq.
121 River RockStreet
Rena, Nevada89501
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LAW co.rice
AtIC8ARO a HILL
FoR Otffix ISear 2131
Rano, KgyiKtio n50$
(
77
3) 141-0146
Fu( n3) 3444464/
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To: 1699ac9c-69b1-4598-88f6-30dd36e Frog: zachcoughlin

3-03-12 3091321 p. 38 of 40
-
reFAMMAIELQUERigCE
Pursuant toNRCP 5(b), I hereby certify that I am an employee of RICHARD G.
/lesder
-
nuir
HILL, CHARTERED, and that on the 1,,L day of eetalaer., 2011, I deposited in the
appropriate place for pick-up and hancl.delivery by Reno-Carson Messenger Service, atrue
and correct copy of the foregoing Notice of Entry of Order and atrue and correct copy
of the Findings of Fact, Conclusions of Law, and Order for Summary Eviction,
file-stamped October 27, 2011, addressed to:
00923
00923
To; 1599IC9c-69bl- t598-S8U- 3(1ddJ 6e rtom! Zlctlcoughl1n ) - (l ] -ll ),O;pa p. 39 of 40
iotmail Print http://by14Rw.ba),' ,, , .mai Lli ve.com/maillPrintM 7
RE: WCSO Deputy Machem's "personally servHl " Affidavit of 11/ 1/2011
f ..VI"! St_chel' , LiT ttStuth. l!Owu l,<>e:Vl'1\:y. VI]
Sent Tue 2/lI1112 11:. 0 AM
Ta: Q <hc.oY9h.i".h_ ..
Cc h"daru. r..!a'Y (.YIf .. r>dar ::Ia ....
Oa!r_""'lC>\o lhtl ltlorv ....... _\O" ... .. -.bv __ ......,D!! .... or_I"."" ' ... I<I<h(. , 1"" ............ .. ' .. _"" .. \1 ...
-
00924
00924
10: fr om: zachcouqh11n ]-0]-12 J:09PD p. to of 40
..

FILED
\tNOV-7 AHIO'S2
IN THE RENO JUSTICE COURT 0 .. THE STATE OF NEVADA
IN AND FOR THE COUNTY OF ','
REI
MIIU Mctlbt
PLAINTIFF
Z"h.,. Bu\c:_CoqIolin
DEfENDANT
v.
----------------
STATE OP NI:VAPA
"' COUNTV or WASHOE
)
)
)
)
)
)
)

Civil file Number: 11013461
CASE No. REVlOIlOOI1O&
AFFIDAVIT OF SERVICE
J .... Maclin, bc11li first duly 'worn, depo_ and IIYI! Thlt .mantll a citizen of the United SUICII, over
11I)'ftn of &Po not I puty to the within entcn:d.ction, and Ihl' In the County of Wuhoc, Stile ofNewdI.
.-ved the dotcribcd doc:u!1'\C'nt. upon:
"oafed: Zacllluy a.ur Couahlln
Locadon;
Date:
121 RlvCII' Rock Srr.c Reno, NV '9501
111112011 Ttmo: 4;30PM
The doeummt(l} JctVed w=: EVICTION ORPE., FINDINGS OF 'Acr, CONCLUSIONS OF LAW AND
ORDER 'OR SUMMARY EVICTION; ORDER REQUIRING INSPECTION OF REAL PROPERTY
Riehrd G Hili Esq
1"0 Box 2!i'1
652 Fa..,., Srr-
(ltI\O, NV 89505
SUBSCRIBED AND SWORN to me bcfOf'C me ,his
;> .A."(
, ) day 01 20l.L
o ,I (
Nor AR Y PUBLIC In *" for nld Stile of NI'Vflda.
County 01 Watroe:
MICHAEL HALEY, SHERIFF
91\ PARR BOULEVARD
RENO, NV 89511-1000 (775) 328-3310
00925
00925
. -
. Fi .
L
?
FILED
1;1
RENO
MUNICIPAL COURT
.
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CiS Agit
AM 7: 35

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2
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00926
00926
To: Reno Municipal Court
Reno Municipal Court
Phone
Fax Number +1 (775) 334-3824
=WI
Please accept my request to attend traffic school. Please also have an
attendant call me to schedule my citation payment by phone. Thanks.
From: Patrick Parker Fax: (soo) ammo To: Rano Municipal Courtnut: +1 (775) 3343824 Pogo 1 of 2 3/5/2012 12:29
FAX
Date: 13/5/2012
Pages including cover sheet: 1 2

From:
Patrick Parker
Parker Smog
984 Wheatland Ct
Reno
NV 89511
Phone
(775) 303-8466
Fax Number (800) 692-0193
00927
00927
From: Patrick Parker Fax: (800) 892.0193 To: Reno Municipal CourtFax: +1 (775) 334-3824 Papa 2 of 2 3/5/2012 12:29
Patrick Parker
984 Wheatland Ct
Reno, NV 89511
(775) 303-8466
Reno Municipal Court
1 S. Sierra St.
Reno, NV 89501
Fax (775) 334-3824
Dear Sir or Madam:
Please accept this letter as my request to attend Traffic Safety School for my moving violation under
citation number R47748455508 issued on 1/30/2012 at &46arn.
I do not plan to attend court on March 8
th
, and as I have no violations for the last three years, I would
like to request authorization to attend an online Traffic Safety School to avoid demerit points on my
DMV driving record.
I would also like to pay my fine of $135 by credit card over the phone. Please contact me at the above
phone number to schedule the payment by phone and to let me know if my request has been approved.
Additionally should you or they have any questions or concerns, please feel free to contact me using the
contact number above.
Thank you,
Patrick Parker
00928
00928
From; vicbcoughlin 12-16-11 8102am p. 1 of 76 Too, ce9a8085-47d5-429-9e9a-fe15712
Z.& Cosigthn. Esek
817 N. Virginia St #2
Reno, NV 89501
tel.: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hormail.corn
Nevada Bar No; 9473
FAX COVER MEM'
DATE: December _16, 2tit1
TO: Pam Roberts, Esq. Reno City Attorney,
FAX NO: 775 33424201
To: Reno Municip0 Court
Fax email apprnved for filing by Donna Ballard, RMC: renomunirecorcla@reno.gov 775 326 5105
Number of pages
f
inclucimg cover sheet 76
Original will not row.
RE:. City of Reno v Coughlin RMC 11 CR =176 21
-
.hg
RidOedi9Tema4cmcptwewcannauelf.x
ao. ; ei J. ,;
Zach Coughlin, Esq.
I hereby certify this as a true and correct copy of the orlf&gn
t
the records of the Reno Municipal Court, Reno, Washoe
Nevada, and that the Clerk of the Court is the custodian of the
original record and that I am author = this , , .,, ,
.1
,.
MUNJCIP
.
VP -
By AMP: ilL kb &AA& la: .. .. III 1.- 0111
Clerk of the
00929
00929


SUPPLEMENTAL Appeal,
Motion to
Aide, 59,
60. Motion Reconsideration:
Recusal:
Appeal.
Aside, 59, 60,
Mot'orl econsiderat'




)
TO Notice of
)
Vacate and or Set JCRCP
)
JCRCP for
Motion for Motion to Ste
12-16-11 8:02am p. 2 of 76
To: ce9a8085-07d5-42f9-gege-fe15711
Fro.: zachcoughl1n
\
1
ach oughlin
2
817 N. Virginia St. #2
Reno, V 89501
3
Tele: '75-229-6737
Fax: 949-667-7402
Pro per Defendan Appellant
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JUSTICE COURT RENO TOWNSHIP
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WASHOE COUNTY, NEVADA
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CITY F )
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PI.inti
RNO;
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v.
)
ZACY BAR COUGHIN
) Case No:ll CR 22176 2I
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) Dept No: Judge Howard
D
O
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'I
SUPLEMNAL TO Notice of I Motion to Vacate and or Set JCRCP JCRCP
for n' Mot'on for Rec sal
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Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0, >otion )or
Recon<i*eration5 >otion )or Recu<al5 >otion #or &u@lication 1) Tran<cri't at &u@lic 0$'en<e,
&etition )or /n #orAa &au'eri< Statu<
&1/NTS ,N( ,.T31R/T/0S
C,S0 ,&&0,: ST,T0>0NT
(e)en*ant+,''ellant, Zach Coughlin, here@B )ile< thi< Notice o) ,''eal, >otion to Vacate an*
or Set ,<i*e, -CRC& 59, -CRC& !0, >otion )or Recon<i*eration5 >otion )or Recu<al5 >otion #or
&u@lication 1) Tran<cri't at &u@lic 0$'en<e, &etition )or /n #orAa &au'eri< Statu<.
&1/NTS ,N( ,.T31R/T/0S
/ =a<i
,N,:4S/S
/NC1R&1R,T0 74 R0#0R0NC0 ,:: :,2 ,N( ,SS0RT/1NS /N ,TT,C30(
&,&0RS ,N( &:0,(/N9S ,N( 2R/T/N9S /N 0C3/7/T 1:
R>CR Rule !: Continuance< No continuance <hall @e grante*, inclu*ing a <ti'ulate* continuance,
e$ce't )or goo* cau<e. , Aotion or <ti'ulation )or continuance Au<t <tate the rea<on there)ore an*
=hether or not anB continuance ha< 're6iou<lB @een <ought or grante*.
R>CR Rule 9: ,''eal< to (i<trict Court 0$ce't a< other=i<e 'ro6i*e* in NRS 177.015 a
*e)en*ant in a criAinal action trie* @e)ore a >unici'al Court -u*ge AaB a''eal )roA the )inal
Du*gAent therein to the Secon* -u*icial (i<trict Court, at anB tiAe =ithin 10 *aB< )roA the *ate that
Du*gAent i< ren*ere*. The right to coun<el in trial court< =a< <igni)icantlB e$'an*e* in another ca<e =hen the Court,
in Argersinger v. Hamlin, e$ten*e* the right to coun<el to all Ai<*eAeanor <tate 'rocee*ing< =here there i< a 'otential
lo<< o) li@ertB. The *e)en*ant coul* ha6e )ace* u' to <i$ Aonth< in Dail )or thi< o))en<e un*er either <ai* co*e or <tatue.
/ *o not Aean to @e *i<re<'ect)ul in contacting the court 6ia eAail. / ha6e @een <o
<taA'e* out @B the e6ent< o) the la<t )e= Aonth< that it< all / can *o to trB to 'rotect
AB right< to get in)orAation an* Ae*ia to the court in AB atteA't< to acce<< Du<tice.
S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
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Veronica :o'eE tol* Ae on the 'hone on >on*aB o) thi< =ee? that <he =oul* )a$ Ae a co'B o) the
1r*er an* ConteA't )in*ing )roA the 11 "0, 2011 Trial, Bet / ha6e not recei6e* anB <uch )a$. / ha6e
not recei6e* anB or*er in anB )orA, not on AB relea<e )roA the " *aB< <uAAarB incarceration, not
e6er. The R>C con)irAe* there ha< @een no Notice o) 0ntrB o) anB or*er in their *oc?et or anBthing,
etc.
The R>C an* Reno CitB ,ttorneB iA'ro'erlB a<<erte* Duri<i*ction o6er thi< Aatter. /t occurre* on
/n*ian lan*<. The RS/C o))icer< *i* not a<certain AB race. There e$i<t< a Fue<tion a< to =hether
Duri<*iction =a< 'ro'erlB a<<erte* @B the R>C. Reno CitB ,ttorneB =rote to Ae o) a''ro6ing o) a
continuance, onlB to @ac? out at Trial. 9oo* cau<e =a< <ho=n )or a continuance an* / <ho=e* u' to
the )ir<t trial *ate, / =a< not @rought into the court rooA. / *o not @elie6e, a< <uch, anB continuance
=a< e6er grante* 're6iou<lB. #urther, the R>C )aile* to @ring Ae into court on No6eA@er 1%
th
,
2011. (ue to court 'er<onnel re)u<ing to 'ro6i*e Ae a co'B o) the or*er or @e u' )ront =ith re<'ect
to <er6ice, thi< )iling i< Aore ha'haEar* than it =oul* other=i<e @e.
/ @elie6e the )ollo=ing <houl* @e a**e* to recor* an* 're<ent< a <trong arguAent )or a
con)lict o) intere<t or other !0G@; @a<i< )or <etting a<i*e the 6er*ict an* conteA't 1r*er
in R>C 11 CR 2217! 2/. / *i* not 'lea* guiltB in that ca<e, an* anB R>C recor* that
<ugge<t< that i< coA'letelB inaccurate. &lea<e let Ae ?no= i) Bour recor*< in*icate /
'lea* guiltB in that Aatter. #urther, / ha6e ne6er @een 'ro6i*e* a co'B o) the 9uiltB
Ver*ict+1r*er in thi< Aatter, / reFue<te* on to @e eAaile* to Ae an* <ent in the .S&S
Aail. &lea<e <er6e Ae a co'B o) the or*er, 're)era@lB @B eAail an* .S&S Aail.
#urther, the HR>CI< o))icial court tran<cri'tioni<tH in)orAe* Ae Be<ter*aB that <he
coul* not Fuote Ae or acce't an AoneB )roA Ae )or the tran<cri't on a''eal. #urther /
S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
"
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ha6e @een tol* @B court <ta)) that / =oul* ne6er @e 'ro6i*e* acce<< to the au*io
recor*ing o) the Trial o) 11 "0, 2011. / @elie6e / ha6e a right to it, an* nee* it on an
e$igent @a<i< in connection =ith the 6ariou< Aotion< / ha6e, =ill, or inten* to to )ile
challenging the *eci<ion in thi< ca<e. The R>C )iling o))ice in)orAe* Ae there ha<
@een no Notice o) 0ntrB o) 1r*er in thi< Aatter at thi< 'oint.
The Reno CitB ,ttorneB ha< a 6e<te* intere<t in getting a con6iction in R>C 11 CR
2217! 2/ =ith re<'ect to antici'ate* litigation in connection =ith the =rong)ul arre<t
an* 'olice Ai<con*uct <ho=n in the 6i*eo< @elo=, a< <uch a NRC& !0G@; @a<i< e$i<t<
)or <etting a<i*e anB 6er*ict entere* in R>C 11 CR 2217! 2/:
/ a<? that all the 6i*eo< at the Boutu@e account lin?e* to @elo= @e a**e* to the recor*
an* con<i*ere*.htt':++Boutu.@e+5&R7F%1/5@0
htt':++===.Boutu@e.coA+u<er+anonBAou<'ri6acBJ)eatureK=atch
'ro<ecutorial Ai<con*uct G<uch a< the (.,. =ithhol*ing He$cul'atorBH e6i*ence that coul*L6e hel'e* AB *e)en<e;
Du*icial error< G<uch a< the Du*ge 'erAitting e6i*ence that <houl*L6e @een e$clu*e* or 6ice 6er<a;
erroneou< a''lication o) a la= or regulation iA'ro'er DurB in<truction<
ine))ecti6e a<<i<tance o) coun<el or other Aal'ractice the e6i*ence *i* not 'ro6e Bour guilt @eBon* a rea<ona@le *ou@t
/ =ent to the )iling o))ice at the R>C a cou'le tiAe< recentlB, inclu*ing to*aB, an* <ent in another =ritten reFue<t <ee?ing
an au*io ta'e o) the Trial in R>C 11 CR 2217! /C 110!27 RS/C @ut =a< tol* @B a Cler? that / =oul* nee* to 'aB )or
S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
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the entire Trial to @e tran<cri@e*, an* onlB then =oul* / @e allo=e* to rea* it, an* that / =oul* not @e allo=e* to acce<<
the au*io o) the hearingJ /< thi< correctJ / nee* to ha6e the au*io o) the Trial to )ini<h AB Rule 59, !0, an* >otion )or
Recon<i*eration >otion<..../ =ill 'aB )or the au*io. / ha6e recei6e* AanB au*io c*+*6*I< )roA @oth Reno -u<tice Court
an* 2a<hoe (i<trict Court, an* it =a< announce* in court that the trial =a< @eing au*io recor*e*, a< <uch, / ho'e Bou =ill
a))or* Ae a co'B. To*aB, / calle* the R>C an* <'o?e =ith Veronica, =ho <oun*e* 6erB angrB =ith Ae an* *i<Ai<<i6e. /
=a< <uAAarilB <entence* to " *aB< in Dail at the en* o) the trial in thi< Aatter, e6en =here / ha* @een *enie* AB Si$th
,Aen*Aent Right To Coun<el, a)ter a ConteA't coAAitte* in the courtI< 're<ence )in*ing =a< announce*, in a**ition to
a guiltB 6er*ict in the un*erlBing action. Veronica in)orAe* Ae that <he =a< at the trial an* that the R>C ha* )aile* to
Aail Ae or other=i<e <er6e Ae =ith a co'B o) the =ritten 1r*er, either )or the guiltB con6iction in the un*erlBing ca<e or
the conteA't or*er. / =a< )orce* into han*cu))< <o Fuic?lB ater -u*ge 3o=ar* conclu*e* i<<uing hi< oral ruling that / =a<
not e6en a@le to <a6e AB note< on AB coA'uter, it =a< literallB a''arentlB that e$igent a <ituation to han*cu)) Ae....Then
a )e= >ar<hall< 'lace <oAe 'iece< o) 'a'er in )ront o) Ae an* *eAan*e* / <ign theA, an* @ecaAe angrB, li?e Veronica
an* li?e >ar<hall >onte, / @elie6e, =a< at the arraingAent, =hen / a<?e* a <iA'le Fue<tion relate* to *ue 'roce<<,
<oAething AanB at the R>C *o not <eeA all that enaAore* =ith. / a<?e* i) / coul* e6en rea* the 'a'er< theB =ere
*eAan*ing / <ign right then an* there. The curtlB an* lou*lB <ai* no, then *ragge* Ae a=aB @e)ore / coul* rea* the
'a'er<, Auch le<< <ign theA. Veronica <narle* at Ae that that =a< all the <er6ice o) the 1r*er o) ConteA't an* 9uiltB
Ver*ict that / =oul* get, @ut that <he Aight )a$ it to Ae, ho=e6er, no )a$ ha< arri6e*, *e<'ite AB illu<trating the
e$igencie< o) recei6ing the 1r*er in 're'aring AB Relie) #roA -u*gAent >otion<. Veronica continue to curtlB re)u<e to
'ro6i*e Ae anB co'B o) anB o) the 're6iou<lB )ile* 1r*er< o) the Court unle<< / 'ai* )or theA, *e<'ite AB a''arentlB not
ha6ing @een 'ro6i*e* a co'B o) <uch or*er< in the )ir<t 'lace. / ha6e no i*ea =hat tho<e 'a'er< =ere GtheB certainlB =ere
not in the 'ro'ertB gi6en to Ae u'on AB relea<e )roA Dail; an* ha6e recei6e* nothing in the Aail, *e<'ite u'*ating the
R>C =ith AB ne= a**re<< o): 817 N. Virginia St. #2, Reno NV 89501 an* )iling an o))icial Change o) ,**re<< =ith the
.S&S <hortlB a)ter / =a< <uAAarilB e6icte* G*e<'ite there @eing onlB a No Cau<e SuAAarB 06iction notice again<t AB
coAAercial lea<e, <oAething entirelB 'ro@i@ite* again<t un*er NRS %0.25". Not onlB =a< / *enie* AB Si$th ,Aen*Aent
Right to Coun<el =here Dail tiAe =a< a 'o<<i@ilitB Gan* =here, /, in )act =a< Daile*, iAAe*iatelB;. / =a< *enie* a
continuance in thi< Aatter *e<'ite a =ritten a<<ent to one @B Reno CitB ,ttorneB &aA Ro@ert< an* *e<'ite the )act that the
Reno CitB ,ttorneB =a< gi6en one @B AB <u''o<e* a''ointe* coun<el :e= Taitel G=hoA i< Ha<<ociate* =ithH
G htt':++===.ne6c<.coA+attorneB.htAl ; an entitB that / ha''en to @e <uing Ne6a*a Court Ser6ice<, inci*ent to the <aAe
e6iction 'rocee*ing )or =hich >r. Taitel *i* grant, an* the R>C *i* grant, a continuance in the other R>C ca<e again<t
Ae, the tre<'a<< action that =a< <et )or trial on (eceA@er 1"th, @ecau<e Richar* 9. 3ill, =ho / aA al<o <uing in
connection =ith the =rong)ul e6iction again<t, =a< going to @e on 6acation an* the R>C a''arentlB )oun* that a goo*
rea<on )or a continuance, coA'are* to the R>C )eeling AB @eing e6iction on or aroun* No6eA@er 1"th, then =rong)ullB
arre<te* in connection =ith the e6iction, un*er a tre<'a<< charge, an* incarcerate* )or a nuA@er o) *aB<, all =hile Richar*
3ill a''lie* an unla=)ul rent *i<traint u'on AanB e$cul'atorB Aaterial< that =oul* <'ea? to a <tate* an* e$'re<<
retaliatorB Aoti6e on the 'art o) 2alAart an* the RS/C, an* other e$cul'atorB Aaterial< @eing =rong)ullB =ithhel* un*er
an unla=)ul rent *i<traint @B Richar* 9. 3ill, 0<F., the <aAe 'er<on >r. Taitel, the Reno CitB ,ttorneB, an* the R>C
*eci*e* *e<er6e* <uch <anctitB a''lie* to hi< Aonthlong 6acation )roA Than?<gi6ing to Ne= 4earI< to grant a
continuance, =ith no in'ut )roA Ae.
#,/:.R0 T1 ,##1R( S/CT3 ,>0N(>0NT R/93T T1 C1.NS0: 1R 9R,NT (0>,N( #1R -.R4 TR/,:5
another (0>,N( #1R -.R4 TR/,: 30R074 >,(0 /N 0V0NT 1# N02 TR/,:, S/>/:,R:4 R0M.0ST #1R
/N #1R>, &,.&0R/S ST,T.S 30R074 >,(0 ,N( S.&&1RT0( 74 ,TT,C30( /#& &0T/T/1N
Cu<toA (ige<t 10 3ea*note<
Ru*in 6. State, 8! &."* 572
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110?911 ?. (i<cretion o) court a< to ne= trial.
Ne6.,200%
Trial court e$erci<e< *i<cretion =hen con<i*ering a Aotion )or ne= trial.
>orten<en 6. State, 98! &.2* 1105
S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
5
00934
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Ne6.,1999
9rant or *enial o) a ne= trial @a<e* on ne=lB *i<co6ere* e6i*ence i< =ithin the *i<cretion o)
the trial court an* =ill not @e re6er<e* on a''eal a@<ent an a@u<e o) that *i<cretion.
Ri''o 6. State, 9%! &.2* 1017
Ne6.,1997
2hether to grant or *enB Aotion )or ne= trial i< =ithin trial courtI< *i<cretion.
(oAingue< 6. State, 917 &.2* 1"!%
Ne6.,199!
(eci<ion to grant or *enB Aotion )or ne= trial re<t< =ithin <oun* *i<cretion o) trial court an*
=ill not @e *i<tur@e* on a''eal a@<ent 'al'a@le a@u<e.
State 6. Carroll, 8!0 &.2* 179
Ne6.,199"
9enerallB, *i<trict court enDoB< *i<cretion in granting or *enBing Aotion< )or ne= trial<.
State 6. Soren<on, "15 &.2* 508
Ne6.,1957
The *i<cretion to <et a<i*e a Du*gAent or to grant a ne= trial, a)ter con6iction, on groun* o)
error =hich ha< re<ulte* in a Ai<carriage o) Du<tice or ha< actuallB 'reDu*ice* the *e)en*ant in
re<'ect to a <u@<tantial right, i< 6e<te* in the trial court a)ter it< e$aAination o) the entire ca<e.
N.R.S. 1!9.110.
State 6. Varga, 205 &.2* 80"
Ne6.,19%9
/n 'ro<ecution )or hoAici*e, *enial o) *e)en*antI< Aotion )or ne= trial =a< =ithin <oun* *i<cretion
o) the court an* =a< Du<ti)ie* in 6ie= o) the e6i*ence 'ro*uce* at the trial.
N.C.:.1929, N 110"2, a< aAen*e*.
State 6. St. Clair, 1! Ne6. 207
Ne6.,1881
The grant or re)u<al o) a ne= trial )or Ai<con*uct o) Duror< i< *i<cretionarB.
State 6. Salge, 2 Ne6. "21
Ne6.,18!!
>otion )or ne= trial i< a**re<<e* to trial courtI< <oun* *i<cretion.
Cu<toA (ige<t % 3ea*note<
Ri''o 6. State, 9%! &.2* 1017
S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
!
00935
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3
4
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7
8
9
11
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13
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18
19
21
22
23
24
26
27
28
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 91" 9roun*< )or Ne= Trial in 9eneral
110?91"G1; ?. /n general.
Ne6.,1997
CriAinal *e)en*antI< un<u''orte* allegation that he learne* a)ter trial that trial Du*ge ha* relation<hi'
=ith @u<ine<< 'artner o) 6ictiA *i* not <u''ort )in*ing that Du*ge a@u<e* hi< *i<cretion
in re)u<ing to *i<Fuali)B hiA<el)5 accor*inglB, *e)en*ant =a< not entitle* to ne= trial.
Co*e o) -u*.Con*uct, Canon " coAAent.
State 6. 2al?er, 857 &.2* 1
Ne6.,199"
.n*er Ne6a*a la= a< it e$i<te* 'rior to e))ecti6e *ate o) <tatute 'erAitting entrB o) Du*gAent
o) acFuittal i) e6i*ence i< in<u))icient to <u''ort con6iction, *i<trict Du*ge coul* grant ne= trial
)ollo=ing return o) guiltB 6er*ict =here he or <he *i<agree* =ith DurBI< re<olution o) con)licting
e6i*ence, @ut not =here there =a< in<u))icient e6i*ence to <u''ort guiltB 6er*ict.
N.R.S. 175."81 , 17!.515 5 ..S.C.,. Con<t.,Aen*. 5 .
3atten 6. State, %"5 &.2* %95
Ne6.,19!7
,''earance o) ne=<'a'er article a)ter *e)en*ant< )ile* Aotion )or ne= trial =herein Aention
=a< Aa*e o) *e)en*ant<I reFue<t to *i<charge their attorneB an* =herein it =a< re'orte* that
<heri)) ha* <ai* that he ha* not <een anB <ign< o) =ith*ra=al @B one *e)en*ant )roA narcotic<
or alcoholi<A *i* not entitle *e)en*ant< to ne= trial. N.R.S. 175.5"5.
Re)erence<
/NC1>&0T0NT &R/NC/&,:S, C1>&0T0NT T3/R( &,RT/0S, ,N( T30 :,2 1#
,90NC4 !1 /n*iana :a= -ournal 115 G198!;
Cu<toA (ige<t " 3ea*note<
:aneB 6. State, %!! &.2* !!!
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110?915 ?. (e)ect< in in*ictAent or in)orAation a< groun* )or ne= trial.
Ne6.,1970
-u*gAent =ill not @e <et a<i*e or ne= trial grante* in criAinal ca<e unle<< accu<e* i< a@le to
S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
7
00936
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a))irAati6elB *eAon<trate that in)orAation i< <o in<u))icient that it re<ult< in Ai<carriage o)
Du<tice or actuallB 'reDu*ice< hiA in re<'ect to a <u@<tantial right. N.R.S. 17".075 .
9ar*en 6. State, "18 &.2* !52
Ne6.,1957
/n 'ro<ecution )or <tatutorB ra'e o) 12 Bear ol* girl, although e6i*ence )i$e* *ate o) criAe a<
>aB 21 rather than >aB 20 a< charge* in the in)orAation, 6ariance =a< not Aaterial an* =a<
not groun* )or ne= trial =here no atteA't ha* @een Aa*e to <ho= ne=lB *i<co6ere* e6i*ence.
Cu<toA (ige<t % 3ea*note<
9eorge 6. State, 127 &."* 1055
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 918 0rror< an* /rregularitie< in Con*uct o) Trial
110?918G1; ?. /n general.
Ne6.,200!
/n*igent *e)en*ant =a< entitle* to tran<cri't< o) trial )or 'ur'o<e< o) *irect a''eal )roA Aulti'le
con6iction< )or <e$ual a<<ault an* le=*ne<< =ith Ainor, an* there)ore, *e<truction o)
tran<cri't< an* trial e6i*ence @B State nece<<itate* ne= trial.
(oAingue< 6. State, 917 &.2* 1"!%
Ne6.,199!
Trial courtI< *enial o) *e)en*antI< Aotion )or ne= trial =hich =a< @a<e* on reAar?< Aa*e @B
*e)en*antI< girl)rien* *uring trial that *e)en*ant ha* elu*e* la= en)orceAent in the 'a<t *i*
not con<titute a@u<e o) *i<cretion5 <tateAent< =ere <'ontaneou<lB uttere* an* there =a< no @a*
)aith on 'art o) 'ro<ecution regar*ing their elicitation, an* a*Ai<<ion o) <tateAent< =a< harAle<<
@eBon* rea<ona@le *ou@t in light o) other a*Ai<<i@le e6i*ence that *e)en*ant ha* <e6eral
're6iou< encounter< =ith la= en)orceAent o))icial<.
:o'eE 6. State, 7!9 &.2* 127!
Ne6.,1989
,@<ence o) trial tran<cri't )or one *aB o) trial *ue to Aal)ea<ance o) court re'orter *i* not
=arrant ne= trial =here te<tiAonB o) <i$ =itne<<e< =ho te<ti)ie* that *aB =a< recon<tructe*
through coA@ination o) note< ta?en @B t=o <tate trial coun<el an* =a< acce'te* @B trial court
a< )air re're<entation o) =itne<<e<I te<tiAonB. Rule< ,''.&roc., Rule 10Gc; .
S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
8
00937
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Cu<toA (ige<t % 3ea*note<
1uan@eng@oune 6. State, 220 &."* 1122
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 918 0rror< an* /rregularitie< in Con*uct o) Trial
110?918G2; ?. /rregularitie< a))ecting =itne<<e<.
Ne6.,2009
, non0ngli<h<'ea?ing *e)en*ant =ho *i<co6er< inter'reter inaccuracie< in the tran<lation o)
trial te<tiAonB AaB )ile a 'o<ttrial Aotion to challenge the allege* inaccuracie< Aa*e @B the
courta''ointe* inter'reter5 i) there i< a challenge to the inter'reterI< tran<lation o) the trial
te<tiAonB, the challenging 'artB <houl* either Ao6e )or a ne= trial, i) the tran<lation inaccuracie<
are *i<co6ere* =ithin the a''lica@le tiAe )raAe, or, in the alternati6e, Ao6e to Ao*i)B
or correct the trial recor* on a''eal. 2e<tI< NRS, 17!.515 5 Rule< ,''.&roc., Rule 10Gc; .
1uan@eng@oune 6. State, 220 &."* 1122
Ne6.,2009
,< )ir<t o) three <te'< in6ol6e* on a non0ngli<h<'ea?ing *e)en*antI< Aotion )or ne= trial
@a<e* on allege* inaccuracie< o) hi< tran<late* trial te<tiAonB, each 'artB <houl* ha6e it< o=n
inter'reter re6ie= the tran<late* te<tiAonB )or *i<cre'ancie<5 i) *i<cre'ancie< e$i<t, the *e)en*ant
ha< the @ur*en o) *eAon<trating the inaccuracB o) the tran<late* te<tiAonB an* that it
)un*aAentallB altere* the <u@<tance o) hi< actual te<tiAonB. 2e<tI< NRS, 17!.515 .
1uan@eng@oune 6. State, 220 &."* 1122
Ne6.,2009
,< <econ* o) three <te'< in6ol6e* on a non0ngli<h<'ea?ing *e)en*antI< Aotion )or ne= trial
@a<e* on allege* inaccuracie< o) hi< tran<late* trial te<tiAonB, the *i<trict court <houl* a''oint
an in*e'en*ent an*, i) a6aila@le, certi)ie* court inter'reter to re6ie= the tran<lation<5 to *eterAine
=hether the *e)en*ant ha< Aet hi< @ur*en o) *eAon<trating the inaccuracB o) the
tran<late* te<tiAonB, the *i<trict court Au<t con<i*er the *i<'ute* 6er<ion< o) the te<tiAonB to
*eterAine =hether the allege* inaccuracie< or oAi<<ion< )un*aAentallB altere* the conte$t o)
the *e)en*antI< te<tiAonB an* =hether the inaccuracie< 'reDu*ice* the *e)en*ant <uch that a
ne= trial i< =arrante*. 2e<tI< NRS, 17!.515 .
Re)erence<
Con*ition inter)ering =ith accu<e*I< 6ie= o) =itne<< a< 6iolation o) right o) con)rontation 19
,Aerican :a= Re'ort< %th 128! G198";
S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
9
00938
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2
3
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8
9
11
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21
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28
Cu<toA (ige<t 2 3ea*note<
2al?er 6. State, 59% &.2* 710
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 918 0rror< an* /rregularitie< in Con*uct o) Trial
110?918G"; ?. SuAAoning, iA'aneling, an* oath o) DurB.
Ne6.,1979
(eterAination o) =hat re<ult <houl* )ollo= )ailure o) a Duror to an<=er )ullB a Fue<tion touching
u'on hi< Fuali)ication< turn< u'on =hether he =a< guiltB o) an intentional concealAent.
Cu<toA (ige<t 2 3ea*note<
8inna 6. State, %%7 &.2* "2
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 918 0rror< an* /rregularitie< in Con*uct o) Trial
110?918G5; ?. ReAar?< @B Du*ge.
Ne6.,19!8
3ara<<Aent o) coun<el, 'reDu*icial to hi< client, AaB reFuire ne= trial.
Re)erence<
9e<ture<, )acial e$'re<<ion<, or other non6er@al coAAunication o) trial Du*ge in criAinal ca<e
a< groun* )or relie) %5 ,Aerican :a= Re'ort< 5th 5"1 G1997;
Cu<toA (ige<t 2 3ea*note<
State 6. 3artleB, %0 &. "72
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 918 0rror< an* /rregularitie< in Con*uct o) Trial
110?918G9; ?. ,@<ence o) *e)en*ant or coun<el.
Ne6.,1895
2here the court 'erAit< the DurB, on reFue<t o) *e)en*ant, to 6ie= the 'reAi<e< =here the
hoAici*e i< allege* to ha6e occurre*, the a@<ence o) *e)en*ant *uring the 6ie= @B the DurB i<
no groun* )or ne= trial, i) *e)en*ant Aa*e no reFue<t to @e 're<ent.
10 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00939
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28
Cu<toA (ige<t % 3ea*note<
Stee<e 6. State, 9!0 &.2* "21
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 919 >i<con*uct o) Coun<el )or &ro<ecution
110?919G1; ?. /n general.
Ne6.,1998
ReFuireAent that ne= trial @e grante* =hen =itne<< intiAi*ation @B a 'ro<ecutor re<ult< in a
*enial o) the *e)en*antI< *ue 'roce<< right to a )air trial a''lie< =ith eFual )orce to ca<e<
=here a 'ro<ecutor atteA't< to *i<<ua*e a =itne<< )roA te<ti)Bing @B Ai<re're<enting the )act<
o) the ca<e. ..S.C.,. Con<t.,Aen*. 1% .
Roe6er 6. State, 901 &.2* 1%5
Ne6.,1995
3a6ing )oun* *i<co6erB 6iolation< @B <tate, trial court =a< reFuire* to *eterAine =hether
<tateI< )ailure to 'ro6i*e or a*6i<e *e)en*ant a< to e$i<tence o) co'ie< or tran<cri't< o) ta'e recor*e*
con6er<ation< =ith *e)en*ant that it ha* in it< 'o<<e<<ion an* that =ere 'otentiallB e$cul'atorB
'reDu*ice* *e)en*antI< right to )air trial on )ir<t*egree Aur*er an* AariDuana 'o<<e<<ion
charge<, <o a< to reFuire ne= trial.
3anleB 6. Sheri)) o) Clar? CountB, %!0 &.2* 1!2
Ne6.,19!9
/n<truction @B 'ro<ecutor to hi< =itne<< to =ithhol* <igni)icant e6i*ence )a6ora@le to accu<e*
reFuire< <etting a<i*e o) 6er*ict.
Cu<toA (ige<t 2 3ea*note<
State 6. Carroll, 8!0 &.2* 179
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 919 >i<con*uct o) Coun<el )or &ro<ecution
110?919G2; ?. /n e$aAination o) =itne<<e<.
Ne6.,199"
,lthough 'ro<ecutorI< re)erence< to *e)en*antI< incu<to*B <tatu< *uring 'ro<ecutorI<
cro<<e$aAination
11 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00940
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o) *e)en<e =itne<<e< =ere =hollB ina''ro'riate, e<'eciallB in light o) *i<trict
courtI< grant o) Aotion in liAine or*ering <tate not to re)er to *e)en*antI< 'retrial incarceration,
trial court a@u<e* it< *i<cretion in granting ne= trial to *e)en*ant, con6icte* o) le=*ne<<
=ith a Ainor, <ince e6i*ence o) *e)en*antI< guilt =a< o6er=helAing5 chil* *i* not =ai6er
)roA her allegation< *uring *irect or cro<<e$aAination, *e)en*ant ha* <'ent <e6eral Bear< in
'ri<on )or Aole<ting <e6enBearol* girl, *e)en*ant a*Aitte*, *uring 'olice inter6ie=, that he
=atche* nine an* tenBearol* girl< @ecau<e he )oun* theA <e$uallB attracti6e, an* *e)en*antI<
)orAer co=or?er te<ti)ie* that *e)en*ant coAAente* a@out <e$ual attracti6ene<< o) Boung
girl<.
Re)erence<
&reDu*icial e))ect o) <tateAent @B 'ro<ecutor that 6er*ict, recoAAen*ation o) 'uni<hAent, or
other )in*ing @B DurB i< <u@Dect to re6ie= or correction @B other authoritie< 10 ,Aerican :a=
Re'ort< 5th 700 G199";
Cu<toA (ige<t % 3ea*note<
State 6. 9reen, %00 &.2* 7!!
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 919 >i<con*uct o) Coun<el )or &ro<ecution
110?919G"; ?. /n arguAent in general.
Ne6.,19!5
StateAent o) 'ro<ecutor to DurB that theB Aight in)er guilt o) ro@@erB )roA )act that *e)en*ant
ha* O95, a@out onehal) o) 'rocee*< o) ro@@erB, in hi< 'o<<e<<ion iAAe*iatelB a)ter criAe *i*
not =arrant ne= trial.
State 6. 9reen, %00 &.2* 7!!
Ne6.,19!5
,rguAent o) *i<trict attorneB that te<tiAonB o) <tateI< =itne<<e< ha* not @een contra*icte* =a<
not groun* )or ne= trial a< aAounting to <tateAent that *e)en*ant coul* ha6e @rought in =itne<<e<
@ut *i* not.
State 6. 1rr, 122 &. 7"
Ne6.,1912
The reAar?< o) a *i<trict attorneB in hi< arguAent that *e)en*ant li6e* =ith a 'ro<titute, =hen
not Du<ti)ie* @B the e6i*ence, hel* groun* )or a ne= trial.
12 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00941
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28
Re)erence<
&reDu*icial e))ect o) <tateAent @B 'ro<ecutor that 6er*ict, recoAAen*ation o) 'uni<hAent, or
other )in*ing @B DurB i< <u@Dect to re6ie= or correction @B other authoritie< 10 ,Aerican :a=
Re'ort< 5th 700 G199";
Cu<toA (ige<t 2 3ea*note<
State 6. -u?ich, 2%2 &. 590
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110?920 ?. /ncoA'etencB or neglect o) coun<el )or *e)en<e.
Ne6.,192!
Ne= trial <houl* not @e grante* )or incoA'etencB or neglect o) accu<e*I< coun<el, unle<< accu<e*
i< 'reDu*ice* an* *e'ri6e* o) )air trial.
Re)erence<
>o*ern <tatu< o) rule a< to te<t in )e*eral court o) e))ecti6e re're<entation @B coun<el 2!
,Aerican :a= Re'ort<, #e*eral 218 G197!;
>o*ern <tatu< o) rule< an* <tan*ar*< in <tate court< a< to a*eFuacB o) *e)en<e coun<elI<
re're<entation
o) criAinal client 2 ,Aerican :a= Re'ort< %th 27 G1980;
Cu<toA (ige<t 2 3ea*note<
3ar6eB 6. State, "75 &.2* 225
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 922 /n<truction< an* #ailure or Re)u<al to /n<truct
110?922G7; ?. 1@Dection< an* e$ce'tion< at trial.
Ne6.,19!2
Ne= trial i< =arrante* i) DurB i< Ai<le* @B con)licting in<truction<.
Cu<toA (ige<t 5 3ea*note<
>eBer 6. State, 80 &."* %%7
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
1" S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00942
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
110 92" CoA'etencB o) -uror< an* Challenge<
110?92"G2; ?. &re6iou< o'inion, 'reDu*ice, or *eclaration.
Ne6.,200"
-uror< =ho )ail to *i<clo<e in)orAation or gi6e )al<e in)orAation *uring 6oir *ire coAAit Duror
Ai<con*uct, =hich, i) *i<co6ere* a)ter the 6er*ict, AaB @e groun*< )or a ne= trial un*er the
<tan*ar*< e<ta@li<he* )or Duror Ai<con*uct.
0cha6arria 6. State, 8"9 &.2* 589
Ne6.,1992
#in*ing that Duror ha* not intentionallB conceale* hi< 'rior in6ol6eAent a< 6ictiA o) a<<ault
=a< not a@u<e o) *i<cretion, <o that *e)en*ant =a< not entitle* to ne= trial on groun* o) Duror
Ai<con*uct, =here Duror in*icate* that he con<i*ere* 'rior inci*ent, not a< a<<ault, @ut a< )ight
@et=een hiA<el) an* other 'artici'ant<.
3all 6. State, 51" &.2* 12%%
Ne6.,197"
That hoAe o) one o) Duror< =a< @urglariEe* *uring )ir<t *aB o) trial o) @urglarB ca<e an* that
<uch )act ha* @een coAAunicate* to another Duror *i* not entitle accu<e* to ne= trial, a@<ent
<ho=ing o) 'reDu*ice on 'art o) anB Duror. N.R.S. 1!.050 , 1!.050 , <u@*. 1Gg;, 1!.0!0,
175.071, 175.121, <u@*. %.
State 6. >ar?<, 15 Ne6. ""
Ne6.,1880
/t i< no groun* )or a ne= trial that, a)ter a 6er*ict o) guiltB, the accu<e* a<certain< that a Duror,
@e)ore the iA'aneling, ha* )orAe* an* e$'re<<e* an o'inion o) guilt.
Cu<toA (ige<t % 3ea*note<
State 6. 3ar6eB, 1%8 &.2* 820
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 92" CoA'etencB o) -uror< an* Challenge<
110?92"G9; ?. Nece<<itB o) o@Dection< at trial.
Ne6.,19%%
1@Dection to coA'etencB o) a Duror cannot @e ta?en @B accu<e* )or )ir<t tiAe a)ter 6er*ict an*
relie* u'on a< groun* o) Aotion )or ne= trial. CoA'.:a=<, NN 109%0, 110"2.
State 6. 3ar6eB, 1%8 &.2* 820
1% S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00943
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Ne6.,19%%
2here accu<e* )or )ir<t tiAe in hi< Aotion )or ne= trial challenge* Duror @ecau<e o) 're6iou<
con6iction o) )elonB, Aotion )or ne= trial =a< 'ro'erlB *enie*, <ince challenge =a< not tiAelB
Aa*e, not=ith<tan*ing that <uch )act =a< not ?no=n to accu<e* until a)ter 6er*ict, =here Duror
*i* not en*ea6or to conceal *i<Fuali)ication. CoA'.:a=<, NN 109%0, 110"2.
State 6. ,n*er<on, % Ne6. 2!5
Ne6.,18!8
/) *e)en*ant acce't< a Duror =ithout o@Dection, =hoA he ?no=< or Aight ha6e ?no=n to ha6e
)orAe* an* e$'re<<e* an unFuali)ie* o'inion a< to hi< guilt, he cannot, a)ter 6er*ict, rai<e an
o@Dection on that account.
Cu<toA (ige<t 19 3ea*note<
Zana 6. State, 21! &."* 2%%
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 92% >i<con*uct o) or ,))ecting -uror<
110 925 /n 9eneral
110?925G1; ?. /n general.
Ne6.,2009
To Du<ti)B a ne= trial on the groun* o) Duror Ai<con*uct, a *e)en*ant Au<t, through a*Ai<<i@le
e6i*ence, *eAon<trate the nature o) the Duror Ai<con*uct an* that there i< a rea<ona@le 'ro@a@ilitB
that it a))ecte* the 6er*ict.
Val*eE 6. State, 19! &."* %!5
Ne6.,2008
, ne= trial Au<t @e grante* *ue to intrin<ic Duror Ai<con*uct unle<< it a''ear<, @eBon* a rea<ona@le
*ou@t, that no 'reDu*ice ha< re<ulte* )roA the DurB Ai<con*uct.
>eBer 6. State, 80 &."* %%7
Ne6.,200"
Not e6erB inci*ence o) Duror Ai<con*uct reFuire< the granting o) a Aotion )or a ne= trial,
<ince each ca<e turn< on it< o=n )act<, an* on the *egree an* 'er6a<i6ene<< o) the 'reDu*icial
in)luence 'o<<i@lB re<ulting.
>eBer 6. State, 80 &."* %%7
Ne6.,200"
15 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00944
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
1nce a *e)en*ant ha< e<ta@li<he* occurrence o) Duror Ai<con*uct an* a <ho=ing that the Ai<con*uct
=a< 'reDu*icial, the trial court <houl* grant a Aotion )or ne= trial5 'reDu*ice i< <ho=n
=hene6er there i< a rea<ona@le 'ro@a@ilitB or li?elihoo* that the Duror Ai<con*uct a))ecte* the
6er*ict.
>eBer 6. State, 80 &."* %%7
Ne6.,200"
The )actor< u<e* to *eterAine =hether there i< a rea<ona@le 'ro@a@ilitB that Duror Ai<con*uct
a))ecte* a 6er*ict are in<tructi6e onlB an* not *i<'o<iti6e.
>eBer 6. State, 80 &."* %%7
Ne6.,200"
The *i<trict court, )or 'ur'o<e< o) a claiA o) Duror Ai<con*uct, Au<t *eterAine =hether the
a6erage, hB'othetical Duror =oul* @e in)luence* @B the Duror Ai<con*uct.
3ernan*eE 6. State, 50 &."* 1100
Ne6.,2002
Not e6erB inci*ence o) Duror Ai<con*uct reFuire< a ne= trial5 i) it a''ear< @eBon* a rea<ona@le
*ou@t that no 'reDu*ice occurre*, a ne= trial i< unnece<<arB.
Tan?<leB 6. State, 9%! &.2* 1%8
Ne6.,1997
Not e6erB inci*ence o) Duror Ai<con*uct reFuire< grant o) ne= trial5 ne= trial nee* not @e
grante* i) it a''ear< @eBon* rea<ona@le *ou@t that no 'reDu*ice occurre*.
2hite 6. State, 92! &.2* 291
Ne6.,199!
ReAar?< re'orte*lB Aa*e @B Duror *uring 'enaltB *eli@eration<, li?ening *e)en*ant to a
Pgorilla, a @a@oon, a nati6e tri@e<Aan,Q *i* not reFuire that DurBI< 6er*ict in guilt 'ha<e @e <et
a<i*e.
Roe6er 6. State, 901 &.2* 1%5
Ne6.,1995
Not e6erB inci*ence o) contact @et=een Duror< an* =itne<<e< reFuire< granting o) Aotion )or
ne= trial.
:ane 6. State, 881 &.2* 1"58
Ne6.,199%
Not e6erB inci*ence o) DurB Ai<con*uct reFuire< granting o) Aotion )or ne= trial.
:ane 6. State, 881 &.2* 1"58
1! S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00945
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Ne6.,199%
Ne= trial on groun* o) Duror Ai<con*uct Au<t @e grante* unle<< it a''ear< @eBon* rea<ona@le
*ou@t that no 'reDu*ice ha< re<ulte* an* it i< )or trial court to *eterAine in the )ir<t in<tance
=hether Duror Ai<con*uct ha< re<ulte* in 'reDu*ice to litigant an* it< Du*gAent thereon =ill
not @e o6erturne* unle<< a@u<e o) *i<cretion i< Aani)e<t.
:o'eE 6. State, 7!9 &.2* 127!
Ne6.,1989
#ailure o) Duror< in 'ro<ecution )or Aur*er @B torture o) )ourBearol* <te'*aughter to *i<clo<e
on 6oir *ire that theB ha* @een a@u<e* a< chil*ren *i* not con<titute Ai<con*uct =arranting
ne= trial =here there =a< no intentional concealAent, *e<'ite contention that Duror< =oul* not
acce't a< correct *e)en<e theorB that chil*I< Aother, a< a@u<e* chil* her<el), @ecaAe a@u<er o)
the 6ictiA.
3ui 6. State, 7"8 &.2* 892
Ne6.,1987
Not e6erB in<tance o) Duror Ai<con*uct reFuire< granting Aotion )or ne= trial o) criAinal
charge<.
State 6. Thac?er, 59! &.2* 508
Ne6.,1979
, Aotion )or ne= trial AaB @e 'reAi<e* on Duror Ai<con*uct =here <uch Ai<con*uct i< rea*ilB
a<certaina@le )roA o@Decti6e )act< an* o6ert con*uct =ithout regar* to the <tate o) Ain*
an* Aental 'roce<<e< o) anB Duror.
7ar?er 6. State, 59% &.2* 719
Ne6.,1979
Not e6erB inci*ent o) DurB Ai<con*uct reFuire< granting o) a Aotion )or ne= trial.
:e=i< 6. State, 588 &.2* 5%1
Ne6.,1978
(e)en*ant< =ere not entitle* to a ne= trial @ecau<e three Duror< *i<cu<<e* the te<tiAonB an*
e6i*ence a**uce* at trial @e)ore the ca<e ha* @een <u@Aitte* to theA )or *eli@eration, =here
the three Duror<, at hearing on ne= trial Aotion, te<ti)ie* that hi< or her *eci<ion =a< @a<e*
<olelB on the e6i*ence 're<ente* at trial, an* =here the recor* )aile* to in*icate that a *i<cu<<ion
either a))ecte* the Duror<I *eli@eration< or other=i<e 'reDu*ice* *e)en*ant<I right to a )air
trial.
&ar<on< 6. State, "29 &.2* 1070
17 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00946
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Ne6.,1958
/n Aur*er 'ro<ecution, =here no o@Dection =a< Aa*e *uring trial an* DurB =a< *ulB cautione*
@B court not to <e'arate, nor to allo= anB 'er<on to tal? to theA a@out ca<e, )act that *e'utB
<heri)) ha* not @een a*Aini<tere* o))icial oath )or hi< care o) DurB *uring a*DournAent )or
Aeal<, or until night ca<e =a< coAAitte* to DurB, *i* not o@ligate court to <et a<i*e 6er*ict an*
grant ne= trial a< Aatter o) la=.
Cu<toA (ige<t " 3ea*note<
>urraB 6. State, 2009 2: "190"!!
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 92% >i<con*uct o) or ,))ecting -uror<
110 925 5 Con<i*ering >atter< Not in 06i*ence
110?925.5G1; ?. /n general.
Ne6.,2009
(e)en*ant =a< not entitle* to ne= trial in 'ro<ecution )or atteA'te* Aur*er =ith the u<e o) a
*ea*lB =ea'on an* *i<charging a =ea'on at a 6ehicle @a<e* on allege* DurB Ai<con*uct5 DurorI<
uniFue 'ur'orte* ?no=le*ge, a< to )act that inci*ent =a< allege*lB gang relate* e6ent, *i*
not con<titute Duror Ai<con*uct.
Ro=@ottoA 6. State, 779 &.2* 9"%
Ne6.,1989
-uror Ai<con*uct in )ir<t*egree Aur*er trial, in =hich Duror con*ucte* in*e'en*ent in6e<tigation
to *eterAine =hether 6ictiA coul* ha6e e$ite* 6ehicle =ith her han*< @oun* a< *e)en*ant
claiAe*, Aea<ure* *ri6ing tiAe< @et=een 6ariou< location< to *eterAine =hether *e)en*ant at
one 'oint coul* ha6e returne* to hi< a'artAent, 6i<ite* Aur*er <cene an* coA'are* gra6el
there =ith that *e'icte* in 'icture< o) 6ictiAI< @o*B, an* engage* in coAAunication =ith 6ictiAI<
'arent<, =a< 'reDu*icial error =hich entitle* *e)en*ant to ne= trial, e6en though Duror allege*lB
*i* not <hare her )in*ing< =ith other Duror< until 'enaltB 'ha<e o) trial.
Cu<toA (ige<t " 3ea*note<
Ro=@ottoA 6. State, 779 &.2* 9"%
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
18 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00947
5
10
15
20
25


1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
110 92% >i<con*uct o) or ,))ecting -uror<
110 925 5 Con<i*ering >atter< Not in 06i*ence
110?925.5G2; ?. Vi<iting or 6ie=ing 'lace o) criAe.
Ne6.,1989
-uror Ai<con*uct in )ir<t*egree Aur*er trial, in =hich Duror con*ucte* in*e'en*ent in6e<tigation
to *eterAine =hether 6ictiA coul* ha6e e$ite* 6ehicle =ith her han*< @oun* a< *e)en*ant
claiAe*, Aea<ure* *ri6ing tiAe< @et=een 6ariou< location< to *eterAine =hether *e)en*ant at
one 'oint coul* ha6e returne* to hi< a'artAent, 6i<ite* Aur*er <cene an* coA'are* gra6el
there =ith that *e'icte* in 'icture< o) 6ictiAI< @o*B, an* engage* in coAAunication =ith 6ictiAI<
'arent<, =a< 'reDu*icial error =hich entitle* *e)en*ant to ne= trial, e6en though Duror allege*lB
*i* not <hare her )in*ing< =ith other Duror< until 'enaltB 'ha<e o) trial.
&en*leton 6. State, 7"% &.2* !9"
Ne6.,1987
-urorI< act o) 6i<iting acci*ent <cene <oAe 17 Aonth< a)ter acci*ent, an* relating her o@<er6ation<
that *e)en*antI< theorB, that rough roa* an* 'oor con*ition< o) truc? =oul* ha6e re<ulte*
in acci*ent regar*le<< o) =hether *e)en*ant =a< *rin?ing, =a< un@elie6a@le, con<titute* Duror
Ai<con*uct, ina<Auch a< Duror e<<entiallB @ecaAe =itne<< )or 'ro<ecution not <u@Dect to
cro<<e$aAination
regar*ing =eather an* roa* con*ition<, an* thu< ne= trial )or *e)en*ant con6icte*
o) )elonB *ri6ing =hile un*er in)luence =a< =arrante*.
Cu<toA (ige<t " 3ea*note<
7u<hnell 6. State, 599 &.2* 10"8
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 92% >i<con*uct o) or ,))ecting -uror<
110 925 5 Con<i*ering >atter< Not in 06i*ence
110?925.5G"; ?. StateAent< @B Duror< *uring *eli@eration.
Ne6.,1979
2here, *uring *eli@eration< an* in re<'on<e to Duror<I Fue<tion<, Du*ge <ent note to )oreAan
e$'laining that DurB =a< con)ine* to recor* an* in<truction< gi6en an* that it =oul* @e iA'ro'er
)or court to a*6i<e Duror< on Aatter< o) e6i*ence or te<tiAonB, i), a< allege*, the )oreAan
rea* note <ilentlB an* then in)orAe* other Duror< that Du*geI< an<=er =a< that, i) *e)en*ant
19 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00948
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
=a< 're<ent *uring ro@@erB, he <houl* @e con6icte*, *e)en*ant =oul* @e entitle* to ne=
trial, unle<< it a''eare* @eBon* rea<ona@le *ou@t that no 'reDu*ice re<ulte*. N.R.S. %8.025 ,
50.0!5 , <u@*. 2.
2al?er 6. State, 59% &.2* 710
Ne6.,1979
(enBing Aotion )or ne= trial @a<e* on Duror Ai<con*uct =a< not error, not=ith<tan*ing that
Duror reAar?e* *uring *eli@eration< that he ha* @een in6ol6e* in a <ituation =here ro@@er< ha*
or*ere* hiA to lie on )loor, =here Duror ha* not intentionallB conceale* a Aaterial )act relating
to hi< Fuali)ication<, @ut ha* gi6en truth)ul re<'on<e< on 6oir *ire, an* =here <tateAent attri@ute*
to Duror *uring *eli@eration< *i* not iA'ro'erlB in)luence DurB or taint it< 6er*ict.
Cu<toA (ige<t " 3ea*note<
Sollar< 6. State, "19 &.2* 1"9
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 92% >i<con*uct o) or ,))ecting -uror<
110 925 5 Con<i*ering >atter< Not in 06i*ence
110?925.5G%; ?. ,cce<< to or rea*ing ne=<'a'er<.
Ne6.,1957
/n Aur*er 'ro<ecution, =here 'reDu*ice re<ulte* )roA the action o) the trial court u'on the
groun* o) 'reDu*icial ne=<'a'er co6erage at the trial, it =a< a 'ro'er <u@Dect o) Aotion )or
ne= trial, an* a Aotion )or Ai<trial =a< not a nece<<arB 'rereFui<ite.
State 6. ,n*er<on, % Ne6. 2!5
Ne6.,18!8
(uring the 'rogre<< o) a Aur*er trial, an* =hile the court ha* ta?en a rece<<, the DurB =ere in
the court hou<e in charge o) the <heri)), an* one o) the DurBAen, <tan*ing near a =in*o=, <a=
a ne=<'a'er in the han*< o) a 'er<on near the =in*o= on the out<i*e o) the court hou<e, an*
a<?e* hiA )or it. The 'artB a**re<<e* han*e* u' the 'a'er to the Duror <aBing no Aore than
P4ou are =elcoAe.Q The Duror glance* o6er the 'a'er an* then han*e* it @ac?. 3el*, that thi<
=a< not <uch Ai<con*uct in the Duror a< =oul* entitle *e)en*ant to a ne= trial.
Cu<toA (ige<t " 3ea*note<
State 6. -one<, 7 Ne6. %08
20 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00949
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 92% >i<con*uct o) or ,))ecting -uror<
110?92! ?. .<e o) into$icating liFuor<.
Ne6.,1872
The u<e o) into$icating liFuor< @B the DurB, or a Duror, i< not groun* )or a ne= trial, in the a@<ence
o) anB <ho=ing that inDuriou< con<eFuence< re<ulte* there)roA.
State 6. -one<, 7 Ne6. %08
Ne6.,1872
, Du*ge at ni<i 'riu< <houl* ne6er he<itate to <et a<i*e a 6er*ict, in a criAinal ca<e, =here
there i< e6en a <u<'icion that anB Duror =a< in the lea<t a))ecte* @B into$icating liFuor *uring
the 'rogre<< o) the trial or the *eli@eration u'on the 6er*ict.
Cu<toA (ige<t " 3ea*note<
&ar<on< 6. State, "29 &.2* 1070
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 92% >i<con*uct o) or ,))ecting -uror<
110 927 Se'aration
110?927G1; ?. /n general.
Ne6.,1958
2here <tate e<ta@li<he* that there =a< no taA'ering =ith or Ai<con*uct on 'art o) Duror, <e'aration
o) Duror< *uring Aur*er trial =a< not <u))icient groun* )or ne= trial.
Sollar< 6. State, "19 &.2* 1"9
Ne6.,1957
#act o) coAAunication to a DurB =hich ha< @een 'erAitte* to <e'arate <houl* @e @rought to the
attention o) the trial court through a''ro'riate Aotion )or relie).
Cu<toA (ige<t 2 3ea*note<
State 6. 3arri<, 12 Ne6. %1%
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 92% >i<con*uct o) or ,))ecting -uror<
21 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00950
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110 927 Se'aration
110?927G2; ?. Se'aration a)ter <u@Ai<<ion o) ca<e.
Ne6.,1877
The Aere )act that a Duror =a< teA'orarilB <e'arate* )roA the DurB *uring their *eli@eration< i<
not groun* )or a ne= trial i) *e)en*ant coul* not ha6e @een 'reDu*ice* there@B.
Cu<toA (ige<t " 3ea*note<
&ar<on< 6. State, "29 &.2* 1070
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 92% >i<con*uct o) or ,))ecting -uror<
110 927 Se'aration
110?927G5; ?. &re<uA'tion< an* @ur*en o) 'roo) a< to e))ect o) <e'aration.
Ne6.,1958
/) DurB in Aur*er ca<e i< allo=e* to <e'arate un*er con*ition< in*icating 'o<<i@ilitB o) iA'ro'er
coAAunication, @ur*en i< u'on <tate to <ho= that <uch <e'aration =a< not 'reDu*icial.
Sollar< 6. State, "19 &.2* 1"9
Ne6.,1957
No 'reDu*ice coul* re<ult or @e 're<uAe* )roA <e'aration o) DurB in a Aur*er 'ro<ecution in
the a@<ence o) a coAAunication.
Cu<toA (ige<t % 3ea*note<
Roe6er 6. State, 901 &.2* 1%5
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 92% >i<con*uct o) or ,))ecting -uror<
110?928 ?. CoAAunication< @B or =ith Duror<.
Ne6.,1995
Ne= trial =a< reFuire* on )ir<t*egree Aur*er an* AariDuana 'o<<e<<ion charge< a< re<ult o)
contact @et=een Duror< an* 'ro<ecution =itne<<, in light o) *i<trict courtI< )in*ing that it coul*
not @e <ai* =ith anB *egree o) certaintB that contact< ha* no e))ect on 6er*ict<.
Roe6er 6. State, 901 &.2* 1%5
Ne6.,1995
22 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00951
5
10
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6
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28
Ne= trial Au<t @e grante* @a<e* u'on contact @et=een Duror< an* =itne<<e<, unle<< it a''ear<,
@eBon* rea<ona@le *ou@t, that no 'reDu*ice ha< re<ulte*.
Roe6er 6. State, 901 &.2* 1%5
Ne6.,1995
/n *eterAining =hether contact @et=een Duror< an* =itne<<e< =arrant< ne= trial, the trial court
*eterAine< =hether litigant ha< @een 'reDu*ice*, an* it< Du*gAent =ill not @e o6erturne* unle<<
a@u<e o) *i<cretion i< Aani)e<t.
Re)erence<
StrangerI< allege* coAAunication< =ith Duror, other than threat o) 6iolence, a< 'reDu*icial in
)e*eral criAinal 'ro<ecution 1"1 ,Aerican :a= Re'ort<, #e*eral %!5 G199!;
Threat< o) 6iolence again<t Duror in criAinal trial a< groun* )or Ai<trial or *i<Ai<<al o) Duror "
,Aerican :a= Re'ort< 5th 9!" G1992;
Cu<toA (ige<t 2 3ea*note<
State 6. :ar?in, 11 Ne6. "1%
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 92% >i<con*uct o) or ,))ecting -uror<
110?9"0 ?. >i<con*uct o) @B<tan*er<.
Ne6.,187!
That the au*ience in the court rooA once coAAence* to a''lau* the *i<trict attorneB, =hich
the 're<i*ing Du*ge 'roA'tlB <u''re<<e*, i< not a groun* )or re6er<ing a con6iction, no 'reDu*ice
@eing <ho=n.
Cu<toA (ige<t 2 3ea*note<
Sollar< 6. State, "19 &.2* 1"9
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 92% >i<con*uct o) or ,))ecting -uror<
110?9"1 ?. Nece<<itB o) o@Dection at trial.
Ne6.,1957
/n Aur*er 'ro<ecution, =here 'reDu*ice re<ulte* )roA the action o) the trial court u'on the
groun* o) 'reDu*icial ne=<'a'er co6erage at the trial, it =a< a 'ro'er <u@Dect o) Aotion )or
2" S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00952
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25

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ne= trial, an* a Aotion )or Ai<trial =a< not a nece<<arB 'rereFui<ite.
Cu<toA (ige<t " 3ea*note<
-one< 6. State, 2010 2: %51%"!"
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 92% >i<con*uct o) or ,))ecting -uror<
110?9"2 ?. 0))ect a< to re<ult.
Ne6.,2010
(e)en*ant con6icte* o) @urglarB =a< not entitle* to ne= trial a)ter allege*lB *i<co6ering DurorI<
6ote to con6ict =a< in)luence* @B o6erhearing 'olice o))icer re)er to *e)en*antI< criAinal
hi<torB, =here there =a< o6er=helAing e6i*ence o) *e)en*antI< guilt, an* *e)en*ant )aile* to
*eAon<trate that Duror in Fue<tion =a< actuallB e$'o<e* to 'reDu*icial e$trin<ic e6i*ence.
2e<tI< NRS, 17!.515 .
State 6. 9reen, %00 &.2* 7!!
Ne6.,19!5
StateAent o) uni*enti)ie* Duror, a)ter ren*ition o) 6er*ict an* *i<Ai<<al o) DurB, that Pthe *irtB
nigger got =hat he *e<er6e*Q =a< not PAi<con*uct o) DurBQPten*ing to 're6ent )air an* *ue
con<i*eration o) ca<eQ =ithin <tatute 'ro6i*ing )or ne= trial< in criAinal ca<e<. N.R.S.
175.5"5, <u@*. ".See 'u@lication 2or*< an* &hra<e< )or other Du*icial con<truction< an* *e)inition<.
Cu<toA (ige<t " 3ea*note<
3argro6e 6. State, !8! &.2* 222
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110?9"" ?. /rregularitie< or *e)ect< in 6er*ict a< groun* )or ne= trial.
Ne6.,198%
, *e)en*ant =ho<e guilt i< 're*icate* u'on a 6er*ict AaB rai<e a 'o<tcon6iction challenge to
the 6er*ictI< 6ali*itB @B Aean< o) a Aotion )or ne= trial, an* ha< the right to a''eal )roA an
or*er re)u<ing <uch relie). N.R.S. 177.015 .
/<@ell 6. State, !2! &.2* 127%
Ne6.,1981
,)ter DurB ha< gi6en it< 6er*ict<, ha< @een 'olle* in o'en court an* ha< @een *i<charge*, in*i6i*ual
2% S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00953
5
10
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20
25

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6
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8
9
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19
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24
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28
DurorI< change o) Ain* or claiA that he =a< Ai<ta?en or un=illing to a<<ent to 6er*ict
coAe< too late an* *oe< not =arrant granting o) ne= trial.
Cu<toA (ige<t 1% 3ea*note<
4o=ell 6. State, 2010 2: %5"77%9
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"5 Ver*ict ContrarB to 06i*ence
110?9"5G1; ?. 2eight an* <u))iciencB o) e6i*ence in general.
Ne6.,2010
(i<trict court *i* not a@u<e it< *i<cretion @B *enBing *e)en*antI< Aotion )or ne= trial on @a<i<
o) con)licting e6i*ence in 'ro<ecution )or ro@@erB =ith the u<e o) a *ea*lB =ea'on, ?i*na''ing
in the )ir<t *egree =ith the u<e o) a *ea*lB =ea'on, an* <e$ual a<<ault =ith the u<e o) a
*ea*lB =ea'on, although <oAe o) the e6i*ence coul* ha6e @een con)licting5 e6i*ence =a< not
<o at o**< =ith the 6er*ict that the totalitB o) e6i*ence )aile* to 'ro6e the *e)en*ant guiltB
@eBon* a rea<ona@le *ou@t.
06an< 6. State, 92! &.2* 2!5
Ne6.,199!
P1ther groun*<Q )or grant o) ne= trial e$i<t =here trial Du*ge )in*< that e6i*ence o) guilt i<
con)licting, an* a)ter in*e'en*ent e6aluation o) e6i*ence *i<agree< =ith DurBI< 6er*ict o)
guiltB. N.R.S. 17!.515 , <u@*. %.See 'u@lication 2or*< an* &hra<e< )or other Du*icial con<truction<
an* *e)inition<.
06an< 6. State, 92! &.2* 2!5
Ne6.,199!
Con)lict o) e6i*ence =arranting grant o) ne= trial occur< =here there i< <u))icient e6i*ence
're<ente* at trial =hich, i) @elie6e*, =oul* <u<tain con6iction, @ut e6i*ence i< conte<te* an*
*i<trict Du*ge, in re<ol6ing con)licting e6i*ence *i))erentlB )roA DurB, @elie6e< totalitB o) e6i*ence
)ail< to 'ro6e *e)en*ant guiltB @eBon* a rea<ona@le *ou@t. N.R.S. 17!.515 , <u@*. %.
06an< 6. State, 92! &.2* 2!5
Ne6.,199!
(i<trict court lac?< authoritB to grant ne= trial @a<e* on in<u))iciencB o) e6i*ence, an* =hen
there i< trulB in<u))icient e6i*ence to con6ict, *e)en*ant Au<t @e acFuitte*. N.R.S. 17!.515 ,
<u@*. %.
25 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00954
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State 6. &urcell, 887 &.2* 27!
Ne6.,199%
There =a< con)lict in the e6i*ence <o a< to 'erAit trial court to grant ne= trial to *e)en*ant
con6icte* on charge< o) le=*ne<< =ith Ainor an* <e$ual a<<ault =here 6ictiAI< te<tiAonB =a<
<tateI< onlB e6i*ence an* the *e)en<e, on cro<<e$aAination, @rought out incon<i<tencie< in
6ictiAI< te<tiAonB, 'ut on it< o=n =itne<<e< to te<ti)B a@out 6ictiAI< untruth)ulne<< an* her
Aoti6ation to lie a@out *e)en*ant =ith =hoA <he an* her Aother li6e* <o that 6ictiA coul* go
li6e =ith her )ather, an* intro*uce* e6i*ence <ho=ing lac? o) o''ortunitB )or *e)en*ant to
ha6e coAAitte* criAe< at tiAe an* in Aanner that 6ictiA *e<cri@e*. N.R.S. 17!.515 .
State 6. &urcell, 887 &.2* 27!
Ne6.,199%
TotalitB o) the e6i*ence e6aluation i< <tan*ar* )or *i<trict court to u<e in *eci*ing =hether to
grant ne= trial @a<e* on in*e'en*ent e6aluation o) con)licting e6i*ence. N.R.S. 17!.515 .
State 6. &urcell, 887 &.2* 27!
Ne6.,199%
/n contra<t to con)licting e6i*ence a< @a<i< )or granting ne= trial, in<u))iciencB o) the e6i*ence
a< @a<i< )or granting ne= trial occur< =hen 'ro<ecution ha< not 'ro*uce* AiniAuA
thre<hol* o) e6i*ence u'on =hich con6iction AaB @e @a<e*, e6en i) <uch e6i*ence =ere @elie6e*
@B DurB. N.R.S. 17!.515 .
State 6. &urcell, 887 &.2* 27!
Ne6.,199%
.n*er aAen*e* <tatute <tating that court AaB <et a<i*e 6er*ict an* enter Du*gAent o) acFuittal
i) e6i*ence i< in<u))icient to <u<tain con6iction, *i<trict court AaB not grant ne= trial @a<e* on
)in*ing that there i< in<u))icient e6i*ence to <u''ort DurB 6er*ict5 i) there i< trulB in<u))icient
e6i*ence, *e)en*ant Au<t @e acFuitte*. N.R.S. 175."81 .
State 6. &urcell, 887 &.2* 27!
Ne6.,199%
,lthough *i<trict court terAe* e6i*ence Pin<u))icient,Q thorough rea*ing o) it< *eci<ion re6eale*
that *i<trict court *i* not )in* e6i*ence in<u))icient a< a Aatter o) la= to <u''ort 6er*ict,
@ut in<tea* )oun* that it =a< con)licting an* that 6er*ict =a< not @a<e* on <u@<tantial
e6i*ence an* thu<, *i<trict courtI< or*er granting ne= trial =a< 'ro'er. N.R.S. 17!.515 .
State 6. 2al?er, 857 &.2* 1
Ne6.,199"
2! S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00955
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.n*er Ne6a*a la= a< it e$i<te* 'rior to e))ecti6e *ate o) <tatute 'erAitting entrB o) Du*gAent
o) acFuittal i) e6i*ence i< in<u))icient to <u''ort con6iction, *i<trict Du*ge coul* grant ne= trial
)ollo=ing return o) guiltB 6er*ict =here he or <he *i<agree* =ith DurBI< re<olution o) con)licting
e6i*ence, @ut not =here there =a< in<u))icient e6i*ence to <u''ort guiltB 6er*ict.
N.R.S. 175."81 , 17!.515 5 ..S.C.,. Con<t.,Aen*. 5 .
2a<hington 6. State, !55 &.2* 5"1
Ne6.,1982
Trial Du*ge =a< not coA'elle* @B la= to *enB Aotion )or ne= trial )or in<u))iciencB o) e6i*ence.
N.R.S. 17!.515 , 17!.515 , <u@*<. 1, ", %.
,E@ill 6. State, %95 &.2* 10!%
Ne6.,1972
/) there i< <u@<tantial e6i*ence to <u''ort a DurB 6er*ict, neither trial court nor Su'reAe Court
AaB *i<tur@ it.
State 6. :e=i<, 91 &.2* 820
Ne6.,19"9
/n 'ro<ecution )or in6oluntarB Aan<laughter, =here 6ictiA =a< <truc? @B autoAo@ile *ri6en
@B *e)en*ant an* e6i*ence ten*e* to <ho= that *e)en*ant =a< guiltB o) <e6eral tra))ic la= 6iolation<,
Su'reAe Court coul* not <aB that re)u<al o) ne= trial =a< an a@u<e o) trial courtI<
*i<cretion.
Cu<toA (ige<t "% 3ea*note<
>orten<en 6. State, 98! &.2* 1105
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"7 Ne=lB (i<co6ere* 06i*ence
110 9"8 /n 9eneral
110?9"8G1; ?. /n general.
Ne6.,1999
Ne=lB *i<co6ere* e6i*ence, that a State =itne<<+'olice o))icer ha* e$'laine* hi< allege* @eha6ior
in coercing a )eAale arre<tee to 'er)orA an illicit <e$ act @B <tating that he =a< Pe6ilQ or
an Pe6il AanQ *i* not =arrant a ne= trial )or a Aur*er *e)en*ant =ho claiAe* that the =itne<<
=a< the <hooter, an* that a)ter the <hooting the =itne<< ha* *e<cri@e* hiA<el) a< Pe6ilQ5 <tateAent
ha* no connection to the circuA<tance< o) the Aur*er, it neither e$cul'ate* *e)en*ant
27 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00956
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nor incul'ate* =itne<<, it< a*Ai<<i@ilitB =a< Fue<tiona@le, an* the arre<tee ha* change* her
<torB a@out her arre<t <e6eral tiAe<.
>orten<en 6. State, 98! &.2* 1105
Ne6.,1999
To e<ta@li<h a claiA )or a ne= trial @a<e* on ne=lB *i<co6ere* e6i*ence, the *e)en*ant Au<t
<ho= that the e6i*ence i<: ne=lB *i<co6ere*5 Aaterial to the *e)en<e5 <uch that e6en =ith the
e$erci<e o) rea<ona@le *iligence it coul* not ha6e @een *i<co6ere* an* 'ro*uce* )or trial5
noncuAulati6e5
<uch a< to ren*er a *i))erent re<ult 'ro@a@le u'on retrial5 not onlB an atteA't to
contra*ict, iA'each, or *i<cre*it a )orAer =itne<<, unle<< the =itne<< i< <o iA'ortant that a
*i))erent re<ult =oul* @e rea<ona@lB 'ro@a@le5 an* the @e<t e6i*ence the ca<e a*Ait<.
>orten<en 6. State, 98! &.2* 1105
Ne6.,1999
Ne=lB *i<co6ere* e6i*ence, that a thir* 'artB+'olice o))icer ha* hear* a State =itne<<+'olice
o))icer re)er to hiA<el) a< Pe6ilQ *i* not =arrant a ne= trial )or a Aur*er *e)en*ant =ho
claiAe* that the =itne<< =a< the <hooter, an* that a)ter the <hooting the =itne<< ha* *e<cri@e*
hiA<el) a< Pe6ilQ5 <tateAent ha* no connection to the circuA<tance< o) the Aur*er, it neither
e$cul'ate* *e)en*ant nor incul'ate* =itne<<, an* it< a*Ai<<i@ilitB =a< Fue<tiona@le.
>orten<en 6. State, 98! &.2* 1105
Ne6.,1999
Ne=lB *i<co6ere* e6i*ence, a letter an* t=o note< =ritten @B the StateI< )irearA< e$'ert, *i*
not Du<ti)B a ne= trial in a Aur*er 'ro<ecution5 e6en i) the letter <ho=e* that the e$'ert
'ro6i*e* con)u<ing te<tiAonB, intro*uction o) the letter at a ne= trial =oul* <iA'lB ha6e @een
an atteA't to *i<cre*it the e$'ert, an* the note<, e6en i) theB in*icate* the 'o<<i@le e$i<tence
o) another gun, =oul* not ha6e ren*ere* a *i))erent re<ult 'ro@a@le on retrial, a< *e)en*ant
te<ti)ie* that hi< gun =a< the Aur*er =ea'on.
>orten<en 6. State, 98! &.2* 1105
Ne6.,1999
Ne=lB *i<co6ere* e6i*ence, the te<tiAonB o) a 'olice o))icer @e)ore a )e*eral DurB, <tating that
an o))icer =ho =a< a State =itne<< in *e)en*antI< Aur*er trial Pha* Aentione* <e6eral tiAe<
the )act a@out going an* *oing a *ri6e@B or <oAething li?e that nature,Q *i* not =arrant a
ne= trial, *e<'ite *e)en*antI< theorB that the =itne<< =a< the <hooter5 all o) the eBe=itne<<e<
te<ti)ie* that the 'a<<enger in a truc? =a< the actual <hooter, an* it =a< un*i<'ute* that *e)en*ant
28 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00957
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=a< the 'a<<enger, an* it =a< un*i<'ute* that the Aur*er =ea'on =a< *e)en*antI< o))*utB
gun.
3ennie 6. State, 9!8 &.2* 7!1
Ne6.,1998
9rant or *enial o) a ne= trial on the groun* o) ne=lB *i<co6ere* e6i*ence i< =ithin the *i<cretion
o) the trial court. N.R.S. 17!.515 .
3ennie 6. State, 9!8 &.2* 7!1
Ne6.,1998
9eneral <tan*ar* )or a ne= trial @a<e* on ne=lB *i<co6ere* e6i*ence i< that: G1; the e6i*ence
Au<t @e ne=lB *i<co6ere*5 G2; it Au<t @e Aaterial to the *e)en<e5 G"; it coul* not ha6e @een
*i<co6ere* an* 'ro*uce* )or trial e6en =ith the e$erci<e o) rea<ona@le *iligence5 G%; it Au<t
not @e cuAulati6e5 G5; it Au<t in*icate that a *i))erent re<ult i< 'ro@a@le on retrial5 G!; it Au<t
not <iA'lB @e an atteA't to contra*ict or *i<cre*it a )orAer =itne<<5 an* G7; it Au<t @e the @e<t
e6i*ence the ca<e a*Ait<. N.R.S. 17!.515 .
2al?er 6. State, 9%% &.2* 7!2
Ne6.,1997
9rant or *enial o) ne= trial on groun* o) ne=lB *i<co6ere* e6i*ence i< =ithin *i<cretion o)
trial court.
2al?er 6. State, 9%% &.2* 7!2
Ne6.,1997
To e<ta@li<h @a<i< )or a ne= trial on groun* o) ne=lB *i<co6ere* e6i*ence, the e6i*ence Au<t
@e: ne=lB *i<co6ere*5 Aaterial to the *e)en<e5 <uch that e6en =ith the e$erci<e o) rea<ona@le
*iligence it coul* not ha6e @een *i<co6ere* an* 'ro*uce* )or trial5 noncuAulati6e5 <uch a< to
ren*er a *i))erent re<ult 'ro@a@le u'on retrial5 not onlB an atteA't to contra*ict, iA'each, or
*i<cre*it a )orAer =itne<<, unle<< the =itne<< i< <o iA'ortant that a *i))erent re<ult =oul* @e
rea<ona@lB 'ro@a@le5 an* the @e<t e6i*ence the ca<e a*Ait<.
#unche< 6. State, 9%% &.2* 775
Ne6.,1997
9rant or *enial o) ne= trial on @a<i< o) ne=lB*i<co6ere* e6i*ence i< =ithin trial courtI< *i<cretion
an* =ill not @e re6er<e* on a''eal a@<ent it< a@u<e. N.R.S. 17!.515 , <u@*. 1.
#unche< 6. State, 9%% &.2* 775
Ne6.,1997
#or ne= trial on @a<i< o) ne=lB*i<co6ere* e6i*ence, the e6i*ence Au<t @e ne=lB *i<co6ere*5
29 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00958
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Aaterial to *e)en<e5 inca'a@le o) *i<co6erB an* 'ro*uction e6en =ith e$erci<e o) rea<ona@le
*iligence5 noncuAulati6e5 ca'a@le o) ren*ering *i))erent re<ult 'ro@a@le u'on retrial5 Aore
than atteA't to contra*ict, iA'each, or *i<cre*it )orAer =itne<<, unle<< =itne<< i< <o iA'ortant
that *i))erent re<ult =oul* @e rea<ona@lB 'ro@a@le5 an* the @e<t e6i*ence ca<e a*Ait<. N.R.S.
17!.515 , <u@*. 1.
-one< 6. State, 8"7 &.2* 1"%9
Ne6.,1992
06i*ence that co*e)en*ant =oul* ha6e te<ti)ie* on *e)en*antI< @ehal) ha* 'olice not coerce*
hi< <ilence con<titute* ne=lB *i<co6ere* e6i*ence on =hich *e)en*antI< Aotion )or ne= trial
<houl* ha6e @een grante*. N.R.S. 17!.515 , <u@*. 1.
San@orn 6. State, 812 &.2* 1279
Ne6.,1991
9rant or *enial o) ne= trial on groun* o) ne=lB *i<co6ere* e6i*ence i< =ithin trial courtI< *i<cretion
an* =ill not @e re6er<e* on a''eal a@<ent it< a@u<e. N.R.S. 17!.515 , <u@*. 1.
San@orn 6. State, 812 &.2* 1279
Ne6.,1991
To e<ta@li<h @a<i< )or ne= trial on groun* o) ne=lB *i<co6ere* e6i*ence, e6i*ence Au<t @e:
ne=lB *i<co6ere*5 Aaterial to the *e)en<e5 <uch that e6en =ith the e$erci<e o) rea<ona@le *iligence
it coul* not ha6e @een *i<co6ere* an* 'ro*uce* )or trial5 noncuAulati6e5 <uch a< to
ren*er a *i))erent re<ult 'ro@a@le u'on retrial5 not onlB an atteA't to contra*ict, iA'each, or
*i<cre*it a )orAer =itne<<, unle<< the =itne<< i< <o iA'ortant that a *i))erent re<ult =oul* @e
rea<ona@lB 'ro@a@le5 an* the @e<t e6i*ence the ca<e a*Ait<. N.R.S. 17!.515 , <u@*. 1.
4oung 6. State, 7"7 &.2* 512
Ne6.,1987
(enial o) *e)en*antI< Aotion )or ne= trial @a<e* on claiA o) ne=lB *i<co6ere* e6i*ence a@out
allege* accoA'lice in Aur*er =a< not a@u<e o) *i<cretion, =here *e)en*ant ?ne= o) accoA'liceI<
allege* in6ol6eAent 'rior to trial, an* e6i*ence =a< not li?elB to 'ro*uce *i))erent re<ult<
u'on retrial.
>cCa@e 6. State, !55 &.2* 5"!
Ne6.,1982
/n 'ro<ecution )or Aur*er, trial court *i* not err in re)u<ing to grant *e)en*ant ne= trial on
@a<i< o) ne=lB *i<co6ere* e6i*ence =here e6i*ence 'ro))ere* @B *e)en*ant *i* not <ati<)B
reFuireAent<
"0 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00959
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)or ne= trial.
Cutler 6. State, 59! &.2* 21!
Ne6.,1979
Te<tiAonB o) *e)en*antI< coA'anion =a< cuAulati6e, 'artiallB incul'atorB, an* =oul* not
cau<e DurB to reach *i))erent re<ult, an* thu< it =a< not a@u<e o) *i<cretion )ollo=ing con6iction
)or )ir<t*egree Aur*er to *enB *e)en*antI< Aotion )or ne= trial @a<e* on allege* ne=lB
*i<co6ere* e6i*ence.
>c:eAore 6. State, 577 &.2* 871
Ne6.,1978
#or ne= trial on groun* o) ne=lB *i<co6ere* e6i*ence, e6i*ence Au<t @e ne=lB *i<co6ere*,
Au<t @e Aaterial to Ao6antI< *e)en<e, Au<t @e <uch that it coul* not =ith rea<ona@le *iligence
ha6e @een *i<co6ere* an* 'ro*uce* )or trial, Au<t not @e cuAulati6e, Au<t @e <uch a< to
ren*er *i))erent re<ult 'ro@a@le u'on retrial, Au<t not atteA't onlB to contra*ict )orAer =itne<<
or iA'each or *i<cre*it hiA, unle<< <uch =itne<< i< <o iA'ortant that *i))erent re<ult Au<t
)ollo=, an* <uch )act< Au<t @e <ho=n @B the @e<t e6i*ence the ca<e a*Ait<.
&orter 6. State, 57! &.2* 275
Ne6.,1978
2here e6i*ence 'ro))ere* @B *e)en*ant in <u''ort o) ne= trial Aotion, e6en i) Aaterial, =a<
not ne=lB *i<co6ere* @ut coul* ha6e @een 're<ente* at trial @B the e$erci<e o) rea<ona@le *iligence
an* =here the e6i*ence =a< cuAulati6e an* corro@orati6e an* not <uch a< to ren*er a
*i))erent re<ult 'ro@a@le u'on retrial, e6i*ence *i* not reFuire a ne= trial. N.R.S. 17!.515 .
&orter 6. State, 57! &.2* 275
Ne6.,1978
2here allege* ne=lB *i<co6ere* e6i*ence, a**uce* in <u''ort o) ne= trial Aotion, con<i<te*
e<<entiallB o) a 'ur'orte* 'olBgra'h e$aAination in =hich a thir* 'artB allege*lB truth)ullB
a*Aitte* coAAitting the ro@@erB )or =hich *e)en*ant =a< con6icte* an* the a))i*a6it o) a
courta''ointe* in6e<tigator <tating that the thir* 'artB ha* a*Aitte* coAAitting the ro@@erB,
allege* ne=lB *i<co6ere* e6i*ence *i* not Aeet gui*eline< )or granting a ne= trial. N.R.S.
17!.515 .
&orter 6. State, 57! &.2* 275
Ne6.,1978
2hether to grant a ne= trial on groun*< o) ne=lB *i<co6ere* e6i*ence i< *i<cretionarB an* tri
al courtI< *eci<ion =ill not @e re6er<e* on a''eal a@<ent an a@u<e o) *i<cretion. N.R.S.
"1 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00960
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17!.515 .
:ight)or* 6. State, 5"8 &.2* 585
Ne6.,1975
9ranting a ne= trial in criAinal ca<e< on the groun* o) ne=lB *i<co6ere* e6i*ence i< largelB
*i<cretionarB =ith the trial court an* that courtI< *eterAination =ill not @e re6er<e* on a''eal
unle<< a@u<e o) *i<cretion i< clearlB <ho=n.
:ight)or* 6. State, 5"8 &.2* 585
Ne6.,1975
To e<ta@li<h @a<i< )or ne= trial, ne=lB *i<co6ere* e6i*ence Au<t @e ne=lB *i<co6ere*, Aaterial
to the *e)en<e, <uch that it coul* not, =ith rea<ona@le *iligence, ha6e @een *i<co6ere* an*
'ro*uce* )or trial, not cuAulati6e, <uch a< to ren*er a *i))erent re<ult 'ro@a@le u'on retrial,
not @a<e* u'on contra*iction or iA'eachAent o) a )orAer =itne<< unle<< the =itne<< iA'eache*
i< <o iA'ortant that a *i))erent re<ult Au<t )ollo=, an* the @e<t e6i*ence o) =hich the
ca<e a*Ait<.
:ight)or* 6. State, 5"8 &.2* 585
Ne6.,1975
Ne=lB *i<co6ere* e6i*ence =hich <ho=e* that *e)en*ant, =ho =a< con6icte* o) unla=)ul
'o<<e<<ion o) heroin, =a< AerelB )urni<he* =ith an o''ortunitB to coAAit the criAe @B hu<@an*
o) 'er<on to =hoA *e)en*ant ha* )urni<he* narcotic< on at lea<t )i6e or <i$ occa<ion< *i*
not entitle *e)en*ant to ne= trial on groun* o) ne=lB *i<co6ere* e6i*ence o) entra'Aent.
1li6er 6. State, %5! &.2* %"1
Ne6.,19!9
To Du<ti)B ne= trial, ne=lB *i<co6ere* e6i*ence Au<t @e G1; ne=lB *i<co6ere*, G2; Aaterial to
*e)en<e, G"; <uch that it coul* not =ith rea<ona@le *iligence ha6e @een *i<co6ere* an* 'ro*uce*
)or trial, G%; not cuAulati6e, G5; <uch a< to ren*er *i))erent re<ult 'ro@a@le on retrial,
an* G!; not an atteA't onlB to contra*ict )orAer =itne<< or iA'each or *i<cre*it hiA, unle<<
=itne<< iA'eache* i< <o iA'ortant that *i))erent re<ult Au<t )ollo=. N.R.S. 17!.515 .
1li6er 6. State, %5! &.2* %"1
Ne6.,19!9
(e)en*ant in narcotic< 'o<<e<<ion 'ro<ecution =a< not entitle* to ne= trial on @a<i< o) te<tiAonB
@B =itne<<, =ho ha* 'lea*e* guiltB to <aAe o))en<e ha* not Bet @een <entence*, that
=itne<<, )or )ear o) Deo'ar*iEing hi< 'ro@ation 'o<<i@ilitie<, ha* not te<ti)ie* @ut =oul* ha6e
te<ti)ie* that he ha* o@taine* heroin )roA thir* 'er<on, =here thir* 'er<on te<ti)ie* on Aotion
"2 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00961
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that he ha* not gi6en heroin to =itne<<, <ince it =a< not <ho=n that e6i*ence coul* not ha6e
@een *i<co6ere* =ith rea<ona@le *iligence an* *i))erent re<ult =a< not 'ro@a@le. N.R.S.
17!.515 .
1li6er 6. State, %5! &.2* %"1
Ne6.,19!9
(e)en*ant =a< not entitle* to ne= trial in narcotic< 'ro<ecution on groun* that =itne<<, =ho
ha* 'lea*e* guiltB to <aAe o))en<e @ut ha* not Bet @een <entence*, ha* @een un=illing to gi6e
e$onerating te<tiAonB )or )ear o) Deo'ar*iEing 'ro@ation 'o<<i@ilitie< an* ha* in<tea* claiAe*
'ri6ilege, =here *e)en*ant *i* not Aa?e e))ort to te<t correctne<< o) =itne<<I< a<<ertion o)
'ri6ilege.
State 6. Croc?ett, %%% &.2* 89!
Ne6.,19!8
Trial court 'ro'erlB e$erci<e* it< *i<cretion granting a ne= trial on @a<i< o) ne=lB *i<co6ere*
e6i*ence to *e)en*ant con6icte* o) Aur*er =here a)ter trial in*i6i*ual, =ho coul* not @e
)oun* @B 'olice *uring trial, re6eale* that he =a< the 'er<on <een lea6ing Aur*er <ite =ith a
gun rather than *e)en*ant a< =itne<<e< ha* te<ti)ie*. N.R.S. 175.5"5, <u@*. 7.
7urton 6. State, %"7 &.2* 8!1
Ne6.,19!8
To <ati<)B <tatute allo=ing ne= trial on @a<i< o) ne=lB *i<co6ere* e6i*ence there Au<t @e a
)actual <ho=ing that ne=lB *i<co6ere* e6i*ence coul* not ha6e @een o@taine* through *iligence
'rior to trial, an* that it =oul* ha6e the 'ro@a@le e))ect o) a *i))erent 6er*ict on retrial.
N.R.S. 175.5"5.
7urton 6. State, %"7 &.2* 8!1
Ne6.,19!8
(e)en*ant charge* =ith ro@@erB =a< not entitle* to a ne= trial on groun*< o) ne=lB *i<co6ere*
e6i*ence, =hich allege*lB con<i<te* o) a*Ai<<ion @B co*e)en*ant =hich 'ur'orte* to
e$cul'ate *e)en*ant, a< =ell a< an a))i*a6it o) *e)en*antI< attorneB relating to circuA<tance<
an* tiAe o) *i<co6erB o) the ne= e6i*ence, <ince )act that co*e)en*ant =a< ?no=n @e)ore an*
*uring trial to all other 'artie< an* their coun<el a< a <ource o) e6i*ence a< to coAAi<<ion o)
the ro@@erie< coul* not @e re)ute* )roA the recor*. N.R.S. 175.5"5.
&acheco 6. State, %08 &.2* 715
Ne6.,19!5
Statute authoriEing court to grant ne= trial on groun* o) ne=lB *i<co6ere* e6i*ence reFuire<
"" S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00962
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)actual <ho=ing that e6i*ence i< ne=lB *i<co6ere*, Aaterial to *e)en<e an* coul* not =ith
rea<ona@le *iligence ha6e @een *i<co6ere* an* 'rocure* )or trial an* conclu<ion< =ill not <u))ice.
N.R.S. 175.5"5. <u@*. 7.
&acheco 6. State, %08 &.2* 715
Ne6.,19!5
>otion )or ne= trial on groun* o) ne=lB *i<co6ere* e6i*ence call< )or e$erci<e o) *i<cretion
@B trial court an*, on re6ie=, inFuirB i< =hether an a@u<e o) *i<cretion ha< occurre*. N.R.S.
1!9.110, 175.5"5, <u@*. 7.
State 6. >cNeil, % &.2* 889
Ne6.,19"1
>otion )or ne= trial )or ne=lB *i<co6ere* e6i*ence i< a**re<<e* to courtI< *i<cretion.
Cu<toA (ige<t % 3ea*note<
Ser6in 6. State, "2 &."* 1277
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"7 Ne=lB (i<co6ere* 06i*ence
110 9"8 /n 9eneral
110?9"8G2; ?. 2hat con<titute< ne=lB *i<co6ere* e6i*ence in general.
Ne6.,2001
/n)orAation in 'o<<e<<ion o) one =itne<< that an a*Aitte* accoA'lice in Aur*er, =ho al<o
te<ti)ie* at *e)en*antI< trial, ha* con)e<<e* to the Aur*er, =a< not ne=lB *i<co6ere* e6i*ence
entitling *e)en*ant to ne= trial, *e<'ite *e)en*antI< contention that accoA'liceI< te<tiAonB
=a< <o crucial that hi< iA'eachAent =oul* ha6e nece<<itate* *i))erent 6er*ict, an* that he ha*
@een 'reclu*e* )roA <u@'oenaing =itne<< to te<ti)B, =here <tate *i<clo<e* accoA'liceI< a*Ai<<ion
to =itne<< nearlB nine Aonth< 'rior to trial. N.R.S. 17!.515 .
7ion*i 6. State, !99 &.2* 10!2
Ne6.,1985
,))i*a6it )roA co*e)en*ant <tating that he alone <ta@@e* 6ictiA an* that he ha* lie* at trial
=hen he *i<claiAe* anB re<'on<i@ilitB )or the ?illing *i* not con<titute Pne=lB *i<co6ere*
e6i*enceQ or e6i*ence =hich =oul* 'ro@a@lB change re<ult at trial, <o a< to entitle *e)en*ant
to ne= trial, =here co*e)en*antI< <tateAent< e$cul'ating *e)en*ant ha* @een 're<ente* to the
DurB an* ha* @een reDecte*. N.R.S. 17!.515G1; .See 'u@lication 2or*< an* &hra<e< )or other
"% S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00963
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Du*icial con<truction< an* *e)inition<.
>annon 6. State, !%5 &.2* %""
Ne6.,1982
Te<tiAonB @B *e)en*antI< girl )rien* in =hich <he a*Aitte* that <he ha* @een one =ho )urni<he*
AariDuana to @oB< *i* not con<titute ne=lB *i<co6ere* e6i*ence that entitle* *e)en*ant
to a ne= trial =here *e)en<e coun<el ha* @een gi6en thi< in)orAation on night o) )ir<t trial *aB
@ut =a< a<?e* Pnot to tellQ @ecau<e girl )rien* =a< a)rai* *e)en*ant =oul* @e angrB =ith her
)or her *i<clo<ure. N.R.S. 17!.515 .
Cu<toA (ige<t " 3ea*note<
3ilt 6. State, 5%1 &.2* !%5
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"7 Ne=lB (i<co6ere* 06i*ence
110 9"8 /n 9eneral
110?9"8G"; ?. #act< =ithin ?no=le*ge o) *e)en*ant.
Ne6.,1975
(e)en*ant =a< not entitle* to ne= trial on @a<i< o) ne=lB *i<co6ere* e6i*ence con<i<ting o)
<tateAent< Aa*e @B 'ro<ecution =itne<< again<t *e)en*ant, ina<Auch a< *e)en<e coun<el ha*
@een =ell a=are o) the )act< *uring trial an* <oAe o) the <tateAent< ha* @een Aa*e to *e)en*ant.
N.R.S. 17!.515 .
State 6. #ouFuette, 221 &.2* %0%
Ne6.,1950
Re)u<al o) court to grant ne= trial u'on groun* o) ne=lB *i<co6ere* e6i*ence =a< 'ro'er
=here <uch e6i*ence relate* to Aental an* 'hB<ical con*ition o) accu<e* long 'rior to Aur*er
=hich =a< ?no=n to accu<e* an* hi< coun<el @e)ore trial.
Cu<toA (ige<t " 3ea*note<
(I,go<tino 6. State, 915 &.2* 2!%
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"7 Ne=lB (i<co6ere* 06i*ence
110 9"9 (iligence
"5 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00964
5
10
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110?9"9G1; ?. /n general.
Ne6.,199!
To Aerit ne= trial, ne=lB *i<co6ere* e6i*ence Au<t @e e6i*ence that coul* not ha6e @een *i<co6ere*
through rea<ona@le *iligence either @e)ore or *uring trial.
Callier 6. 2ar*en, Ne6a*a 2oAenI< Correctional Center, 901 &.2* !19
Ne6.,1995
/n a<<e<<ing ca<e< in6ol6ing 'o<<i@le 'erDurB at trial, =hether in conte$t o) ne= trial Aotion or
ha@ea< 'etition, trial court <houl* or*er ne= trial @a<e* on =itne<< recantation onlB i) the )ollo=ing
criteria are Aet: G1; court i< <ati<)ie* that trial te<tiAonB o) Aaterial =itne<<e< =a<
)al<e5 G2; e6i*ence <ho=ing that )al<e te<tiAonB =a< intro*uce* at trial i< ne=lB *i<co6ere*5
G"; e6i*ence coul* not ha6e @een *i<co6ere* an* 'ro*uce* )or trial e6en =ith e$erci<e o) rea<ona@le
*iligence5 an* G%; it i< 'ro@a@le that ha* )al<e te<tiAonB not @een a*Aitte*, *i))erent
re<ult =oul* ha6e occurre* at trial.
Cu<toA (ige<t " 3ea*note<
State 6. >cNeil, % &.2* 889
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"7 Ne=lB (i<co6ere* 06i*ence
110?9%0 ?. >aterialitB.
Ne6.,19"1
>ere a*Ai<<i@ilitB o) ne=lB *i<co6ere* e6i*ence i< not <u))icient to Du<ti)B ne= trial i) it *oe<
not a''ear that e6i*ence 'o<<e<<e< reFui<ite AaterialitB.
State 6. Soare<, 29! &. 1081
Ne6.,19"1
(e)en*ant hel* not entitle* to ne= trial )or ro@@erB on groun* o) ne=lB *i<co6ere* e6i*ence
to e))ect that 'ro<ecuting =itne<< @elie6e* *e)en*antI< a<<ociate ro@@e* =itne<< on <'ur o)
AoAent an* that *e)en*ant ha* nothing to *o =ith ro@@erB.
Cu<toA (ige<t % 3ea*note<
&acheco 6. State, %08 &.2* 715
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
"! S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00965
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110 9"7 Ne=lB (i<co6ere* 06i*ence
110 9%1 CuAulati6e 06i*ence
110?9%1G1; ?. /n general.
Ne6.,19!5
Ne=lB *i<co6ere* e6i*ence =hich i< cuAulati6e AaB not @e enough to =arrant another trial.
N.R.S. 175.5"5, <u@*. 7.
1I7riant 6. State, 295 &.2* "9!
Ne6.,195!
/n 'ro<ecution )or ar<on @a<e* on allege*lB incen*iarB origin o) )ire in rear rooA o) *e)en*antI<
<tore, *enial o) ne= trial on groun* o) ne=lB *i<co6ere* e6i*ence that 'oli<hing cloth<
<tore* in rear rooA =ere <u@Dect to <'ontaneou< coA@u<tion =a< not a@u<e o) *i<cretion, <ince
<uch e6i*ence =a< AerelB cuAulati6e in 6ie= o) )act that DurB =a< =ell a=are that in)laAAa@le
an* coA@u<ti@le Aaterial< =ere 're<ent in rooA an* o) *e)en*antI< theorB that <uch Aaterial<
cau<e* )ire.
State 6. Ran*ol'h, 2%2 &. !97
Ne6.,192!
Ne= trial )or ne=lB *i<co6ere* cuAulati6e e6i*ence 'ro'erlB re)u<e*.
Cu<toA (ige<t 11 3ea*note<
1INeill 6. State, 2008 2: !102001
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"7 Ne=lB (i<co6ere* 06i*ence
110 9%2 /A'eachAent o) 2itne<<
110?9%2G1; ?. /n general.
Ne6.,2008
(e)en*ant =a< not entitle* to ne= trial on charge< o) 'o<<e<<ion o) )orge* in<truAent< @a<e*
on allege* ne=lB *i<co6ere* e6i*ence concerning 'ro@ation o))icerI< )al<e re'ort o) recei't o)
negati6e urine <aA'le )roA *e)en*ant an* hi< <u@<eFuent )iring, a< e6i*ence =a< iA'eachAent
e6i*ence =hich coul* not )orA the @a<i< )or a ne= trial.
3ennie 6. State, 9!8 &.2* 7!1
Ne6.,1998
Ne=lB *i<co6ere* iA'eachAent e6i*ence AaB @e <u))icient to Du<ti)B granting a ne= trial i)
"7 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00966
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the =itne<< iA'eache* i< <o iA'ortant that iA'eachAent =oul* nece<<itate a *i))erent 6er*ict.
N.R.S. 17!.515 .
3ennie 6. State, 9!8 &.2* 7!1
Ne6.,1998
06i*ence that =itne<<e< =ho te<ti)ie* again<t *e)en*ant accu<e* o) @urglarB, gran* larcenB,
an* the)t, con<'ire* =ith each other to Aur*er =itne<<I e$=i)e an* that one =itne<< =a< <u@<tantiallB
in *e@t to the other, =a< not cuAulati6e @ut Du<ti)ie* a ne= trial5 *e)en*ant claiAe*
he =a< )raAe* @B =itne<<e<, *e)en*ant =a< largelB con6icte* @a<e* on the te<tiAonB o) the
=itne<<e<, DurB =a< un*er the Ai<ta?en iA're<<ion that =itne<<e< =ere neutral, an* ?no=le*ge
o) the con<'iracB =a< critical to *e)en*antI< *e)en<e. N.R.S. 17!.515 .
(I,go<tino 6. State, 915 &.2* 2!%
Ne6.,199!
(e)en*ant con6icte* o) )ir<t*egree Aur*er @a<e*, at lea<t in 'art, on te<tiAonB o) hi< e<trange*
=i)e =a< not entitle* to ne= trial @a<e* on e6i*ence =hich he *i<co6ere* a)ter trial a<
to <tateI< *i<Ai<<al o) criAinal charge< again<t =i)e5 Fue<tion o) =i)eI< allege* coo'eration
=ith <tate =a< e$'lore* in great *etail at *e)en*antI< trial, at =hich *e)en<e attorneB 'ointe*
out the 'en*encB o) criAinal charge< that =ere later *i<Ai<<e* an* Fue<tione* =i)e a< to her
recei't o) AoneB )roA <ecret =itne<< )un*, an* e6i*ence o) *e)en*antI< guilt =a< o6er=helAing.
(I,go<tino 6. State, 915 &.2* 2!%
Ne6.,199!
(e)en*ant cannot o@tain ne= trial @a<e* on ne=lB *i<co6ere* e6i*ence =hich AerelB contra*ict<,
iA'eache< or *i<cre*it< =itne<< at *e)en*antI< trial, unle<< =itne<<I te<tiAonB =a< <o iA'ortant
that *i))erent re<ult =oul* @e rea<ona@lB 'ro@a@le.
8ing 6. State, 59! &.2* 501
Ne6.,1979
Ne=lB *i<co6ere* iA'eachAent e6i*ence AaB @e <u))icient to Du<ti)B granting a ne= trial i)
the =itne<< iA'eache* i< <o iA'ortant that iA'eachAent =oul* nece<<itate a *i))erent 6er*ict.
8ing 6. State, 59! &.2* 501
Ne6.,1979
2here re6ie= o) the e6i*ence at Aur*er trial re6eale* that te<tiAonB o) *e)en*antI<
15Bearol* <te'*aughter =a< not <o crucial that a *i))erent re<ult =oul* @e reFuire* i) the
<te'*aughter =ere iA'eache* an* =here, at hearing on *e)en*antI< Aotion )or a ne= trial
@a<e* on allege* ne=lB *i<co6ere* e6i*ence con<i<ting o) <te'*aughterI< <tateAent that <he
"8 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00967
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ha* lie* at the trial, the <te'*aughter a))irAe* her original trial te<tiAonB an* *enie* ha6ing
tol* a 'ri6ate in6e<tigator that <he ha* lie* at the trial, the *i<trict court *i* not a@u<e *i<cretion
in *enBing the ne= trial Aotion.
RileB 6. State, 5!7 &.2* %75
Ne6.,1977
Con6iction o@taine* @B ?no=ing u<e o) 'erDure* te<tiAonB i< )un*aAentallB un)air an* Au<t
@e <et a<i*e i) there i< anB rea<ona@le li?elihoo* that )al<e te<tiAonB coul* ha6e a))ecte* Du*gAent
o) DurB. ..S.C.,.Con<t. ,Aen*. 5 .
State 6. >cNeil, % &.2* 889
Ne6.,19"1
Ne= trial )or ne=lB *i<co6ere* e6i*ence iA'eaching in character hel* 'ro'erlB *enie*.
State 6. 2ill@erg, 200 &. %75
Ne6.,1921
Ne=lB *i<co6ere* iA'eaching e6i*ence i< not groun* )or ne= trial.
Cu<toA (ige<t % 3ea*note<
#unche< 6. State, 9%% &.2* 775
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"7 Ne=lB (i<co6ere* 06i*ence
110 9%2 /A'eachAent o) 2itne<<
110?9%2G2; ?. Contra*ictorB <tateAent< @B =itne<<.
Ne6.,1997
Ne=lB *i<co6ere* e6i*ence o) co*e)en*antI< <tateAent to Dailhou<e in)orAant< that co*e)en*ant
?ille* 6ictiA *i* not entitle *e)en*ant to ne= trial in 'ro<ecution )or )ir<t*egree Aur*er.
N.R.S. 17!.515 , <u@*. 1.
Callier 6. 2ar*en, Ne6a*a 2oAenI< Correctional Center, 901 &.2* !19
Ne6.,1995
/n a<<e<<ing ca<e< in6ol6ing 'o<<i@le 'erDurB at trial, =hether in conte$t o) ne= trial Aotion or
ha@ea< 'etition, trial court <houl* or*er ne= trial @a<e* on =itne<< recantation onlB i) the )ollo=ing
criteria are Aet: G1; court i< <ati<)ie* that trial te<tiAonB o) Aaterial =itne<<e< =a<
)al<e5 G2; e6i*ence <ho=ing that )al<e te<tiAonB =a< intro*uce* at trial i< ne=lB *i<co6ere*5
G"; e6i*ence coul* not ha6e @een *i<co6ere* an* 'ro*uce* )or trial e6en =ith e$erci<e o) rea<ona@le
"9 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00968
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*iligence5 an* G%; it i< 'ro@a@le that ha* )al<e te<tiAonB not @een a*Aitte*, *i))erent
re<ult =oul* ha6e occurre* at trial.
Callier 6. 2ar*en, Ne6a*a 2oAenI< Correctional Center, 901 &.2* !19
Ne6.,1995
#in*ing that trial te<tiAonB =a< in*ee* )al<e i< e<<ential in e6aluating =hether ne= trial
<houl* @e grante* in allege* 'erDurB ca<e<, an* trial court <houl* )ir<t a**re<< )al<itB i<<ue.
Cu<toA (ige<t " 3ea*note<
CleA 6. State, 7!0 &.2* 10"
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"7 Ne=lB (i<co6ere* 06i*ence
110?9%" ?. Con)licting or contra*icte* e6i*ence.
Ne6.,1988
06i*ence =hich contra*icte* =itne<<I 'rior te<tiAonB in criAinal trial =a< in<u))icient to <u''ort
grant o) ne= trial on ne=lB *i<co6ere* e6i*ence groun*<, e<'eciallB =here the ne= e6i*ence,
a =itne<< =ho <tate* he =a< at <cene o) criAe, coul* no longer @e locate*.
8ing 6. State, 59! &.2* 501
Ne6.,1979
/n a@<ence o) anB 'roo) that *e)en*antI< 15Bearol* <te'*aughter coAAitte* 'erDurB at *e)en*antI<
Aur*er trial an* =here the <etting in =hich the recor*e* con6er<ation too? 'lace =a<
not <uch a< to en<ure truth)ulne<<, the )act that a *etecti6e =or?ing )or the *e)en<e ha*
<ecretlB recor*e* a con6er<ation =herein the <te'*aughter <tate* that <he lie* at the trial =a<
not <u))icient to create a *ue 'roce<< reFuireAent that *e)en*ant @e gi6en a ne= trial.
..S.C.,.Con<t. ,Aen*<. 5 , 1% .
Cu<toA (ige<t 2 3ea*note<
>c:eAore 6. State, 577 &.2* 871
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"7 Ne=lB (i<co6ere* 06i*ence
110?9%% ?. Cre*i@ilitB.
Ne6.,1978
%0 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00969
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/n 6ie= o) lac? o) e6i*ence other than hear<aB to in*icate that @lac? Aan i*enti)ie* @B *e)en<e
in6e<tigator =a< in )act @lac? Aan i*enti)ie* @B @arten*er a< <econ* Aan =ho ro@@e* ta6ern
an* =ho =a< in 6ehicle =hen licen<e nuA@er =a< ta?en, )ailure o) @arten*er to i*enti)B <uch
in*i6i*ual )roA 'hotogra'hic lineu' =a< iAAaterial to her cre*i@ilitB in 'o<iti6elB i*enti)Bing
*e)en*ant a< ro@@er, an* in 6ie= o) )act that @arten*erI< te<tiAonB i*enti)Bing *e)en*ant =a<
not in anB =aB 'ut in *ou@t an* <ince clo<ing arguAent a))or*e* coun<el a''ro'riate Aean< to
a**re<< anB claiAe* =ea?ne<<e< in eBe=itne<< i*enti)ication, trial court on Aotion )or ne= trial
on groun* o) ne=lB *i<co6ere* e6i*ence 'ro'erlB re)u<e* to inter)ere =ith 'ro6ince o) DurB
in *eterAining cre*i@ilitB o) @arten*erI< te<tiAonB. N.R.S. 17!.515 , 19".1!5 , 200."80 .
Cu<toA (ige<t ! 3ea*note<
(I,go<tino 6. State, 915 &.2* 2!%
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"7 Ne=lB (i<co6ere* 06i*ence
110 9%5 Su))iciencB an* &ro@a@le 0))ect
110?9%5G1; ?. &ro@a@le e))ect o) ne= e6i*ence, in general.
Ne6.,199!
To Aerit ne= trial, ne=lB *i<co6ere* e6i*ence Au<t @e <uch a< to ren*er *i))erent re<ult 'ro@a@le
on retrial.
Callier 6. 2ar*en, Ne6a*a 2oAenI< Correctional Center, 901 &.2* !19
Ne6.,1995
/n a<<e<<ing ca<e< in6ol6ing 'o<<i@le 'erDurB at trial, =hether in conte$t o) ne= trial Aotion or
ha@ea< 'etition, trial court <houl* or*er ne= trial @a<e* on =itne<< recantation onlB i) the )ollo=ing
criteria are Aet: G1; court i< <ati<)ie* that trial te<tiAonB o) Aaterial =itne<<e< =a<
)al<e5 G2; e6i*ence <ho=ing that )al<e te<tiAonB =a< intro*uce* at trial i< ne=lB *i<co6ere*5
G"; e6i*ence coul* not ha6e @een *i<co6ere* an* 'ro*uce* )or trial e6en =ith e$erci<e o) rea<ona@le
*iligence5 an* G%; it i< 'ro@a@le that ha* )al<e te<tiAonB not @een a*Aitte*, *i))erent
re<ult =oul* ha6e occurre* at trial.
,rA<trong 6. State, !05 &.2* 11%2
Ne6.,1980
/n 'ro<ecution )or in)aAou< criAe again<t nature )or coAAi<<ion o) an act o) <o*oAB again<t
a 17Bearol*, trial court, in con<i*ering *e)en*antI< Aotion )or ne= trial, 'ro'erlB conclu*e*
%1 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00970
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that la@oratorB re'ort =hich *e)en*ant inten*e* to u<e to iA'each 6ictiA @ut =hich State ha*
not Aa*e a6aila@le =oul* not ha6e a))ecte* the outcoAe e<'eciallB =here another re'ort con)irAe*
that an act o) <o*oAB ha* occurre*. N.R.S. 201.190 .
State 6. Croc?ett, %%% &.2* 89!
Ne6.,19!8
Cre*i@ilitB i< not te<t o) Aotion )or ne= trial an* trial Du*ge Au<t in<tea* re6ie= circuA<tance<
in their entire light an* then *eci*e =hether ne= e6i*ence =ill 'ro@a@lB change re<ult
o) trial.
&acheco 6. State, %08 &.2* 715
Ne6.,19!5
To =arrant ne= trial allege* ne=lB *i<co6ere* e6i*ence Au<t @e <uch a< to ren*er *i))erent
re<ult 'ro@a@le on retrial. N.R.S. 1!9.110, 175.5"5, <u@*. 7.
Cu<toA (ige<t 5 3ea*note<
8ing 6. State, 2009 2: "189007
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"7 Ne=lB (i<co6ere* 06i*ence
110 9%5 Su))iciencB an* &ro@a@le 0))ect
110?9%5G2; ?. &articular e6i*ence or ca<e<.
Ne6.,2009
(e)en*ant con6icte* o) )ir<t*egree Aur*er @B Aean< o) chil* a@u<e =a< not entitle* to ne=
trial @a<e* on ne=lB *i<co6ere* e6i*ence in the )orA o) a @lan?et the in)ant 6ictiA =a<
=ra''e* in on the night o) hi< *eath, =hich @oth <i*e< ha* un<ucce<<)ullB atteA'te* to )in*
'rior to trial5 although *e)en*ant argue* that @lan?et corro@orate* hi< te<tiAonB that in)ant
*ie* )roA cho?ing on hi< o=n 6oAit rather than @lunt hea* trauAa, )oren<ic 'athologi<t, =ho
te<ti)ie* at trial that he coul* not *eterAine a cau<e o) *eath, <till coul* not e<ta@li<h a cau<e
o) *eath, e6en =ith the @lan?et, e6i*ence o) @loo* an* 6oAit on the @lan?et =oul* not nece<<arilB
iA'each =itne<<e< =ho <ai* theB *i* not <ee @loo* or 6oAit, an* auto'<B e6i*ence reAaine*
the @e<t e6i*ence in the ca<e.
1INeill 6. State, 2008 2: !102001
Ne6.,2008
,llege* ne=lB *i<co6ere* e6i*ence that <earch o) *e)en*ant =a< @a<e* on )a@ricate* e6i*ence
%2 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00971
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*i* not =arrant ne= trial on charge< o) 'o<<e<<ion o) )orge* in<truAent<, a< *e)en*ant *i* not
<ho= that a *i))erent re<ult =oul* @e 'ro@a@le on retrial.
2al?er 6. State, 9%% &.2* 7!2
Ne6.,1997
(e)en*ant con6icte* o) )ir<t*egree Aur*er =a< not entitle* to ne= trial on groun* o) ne=lB
*i<co6ere* e6i*ence that he 'urcha<e* 'uregrain alcohol on *aB o) the Aur*er, <u''orting hi<
arguAent that he =a< too *run? to coAAit )ir<t*egree Aur*er, a< it =a< not rea<ona@lB 'ro@a@le
that the ne= e6i*ence =oul* ha6e le* to a *i))erent re<ult.
SiAAon< 6. State, 912 &.2* 217
Ne6.,199!
06en i) <u''re<<e* te<tiAonB o) Aur*er 6ictiAI< neigh@or that he ha* not hear* gun <hot< on
night o) Aur*er coul* @e categoriEe* a< ne=lB *i<co6ere* e6i*ence that Aight entitle *e)en*ant
to ne= trial, it =a< not o) <uch FualitB that, =hen con<i*ere* @B DurB, =oul* 'ro@a@lB re<ult
in *i))erent outcoAe i) ne= trial =ere 'erAitte* =here e6i*ence ha* @een 're<ente* to DurB
that neigh@or< hear* nothing unu<ual, an* 'hB<ical e6i*ence o6er=helAinglB in*icate* that
6ictiA =a< <hot in hi< re<i*ence, rather than @eing <hot <oAe=here el<e an* then ta?en to hi<
hoAe.
Cu<toA (ige<t 2 3ea*note<
State 6. StanleB, % Ne6. 71
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110 9%9 #orA an* ReFui<ite< in 9eneral
110?9%9G1; ?. /n general.
Ne6.,18!8
,n a''lication )or ne= trial, on the groun* that the DurB recei6e* e6i*ence out o) the trial, that
theB <e'arate* contrarB to in<truction<, or @ecau<e the 6er*ict =a< reache* @B ca<ting lot<, or
<oAe other un)air Aean<, AaB @e 're<ente* @B a))i*a6it, =ithout either <tateAent or @ill o)
e$ce'tion<.
Cu<toA (ige<t 2 3ea*note<
:aBton 6. State, 510 &.2* 8!%
%" S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00972
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110?950 ?. -uri<*iction.
Ne6.,197"
/t =a< neither nece<<arB nor 'ro'er to a''lB in )ir<t in<tance to Su'reAe Court )or lea6e to
Ao6e )or ne= trial @a<e* on ne=lB *i<co6ere* e6i*ence5 rather, <uch a Aotion =a< reFuire* to
@e Aa*e in *i<trict court. N.R.S. 17!.515 , <u@*. ".
Cu<toA (ige<t 9 3ea*note<
8ing 6. State, 2009 2: "%25!!1
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110 951 TiAe )or >a?ing
110?951G1; ?. /n general.
Ne6.,2009
Trial court 'ro'erlB *i<Ai<<e* Aotion )or ne= trial that =a< not @a<e* on ne=lB *i<co6ere*
e6i*ence an* =a< )ile* Aore than eight Bear< a)ter entrB o) the Du*gAent o) con6iction. 2e<tI<
NRS, 17!.515 G%;.
2att< 6. State, 2008 2: !12%788
Ne6.,2008
Trial court coul* *enB *e)en*antI< Aotion )or ne= trial a< untiAelB5 the Aotion =a< not @a<e*
u'on ne=lB *i<co6ere* e6i*ence an* =a< not )ile* =ithin <e6en *aB< a)ter the DurBI< 6er*ict.
2e<tI< NRS, 17!.515 G%;.
7ro=ning 6. State, 91 &."* "9
Ne6.,200%
(e)en*antI< Aotion )or a ne= trial @a<e* on ne=lB *i<co6ere* e6i*ence =a< untiAelB, =here
the Aotion =a< Aa*e Aore than t=o Bear< a)ter hi< con6iction. 2e<tI< NRS, 17!.515 , <u@*.
".
(I,go<tino 6. State, 915 &.2* 2!%
Ne6.,199!
>otion )or ne= trial that =a< not )ile* until Aore than t=o Bear< a)ter DurB returne* 6er*ict o)
%% S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00973
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
guiltB an* *e)en*ant =a< <entence* to *eath =a< not )ile* in tiAelB )a<hion, un*er Ne6a*a
<tatute 'ro6i*ing that =hene6er Aotion )or ne= trial i< @a<e* on ne=lB *i<co6ere* e6i*ence,
Aotion Au<t @e )ile* =ithin t=o Bear< a)ter 6er*ict or )in*ing o) guilt5 trial court 'ro'erlB reDecte*
*e)en*antI< contention that t=oBear =in*o= <houl* @egin to run, in ca'ital ca<e, onlB
a)ter conclu<ion o) all a''eal<. N.R.S. 17!.515 , <u@*. ".
(e&a<Fuale 6. State, 80" &.2* 218
Ne6.,1990
(i<trict court *i* not err in not hearing Aur*er *e)en*antI< Aotion )or ne= trial, )ile* one *aB
late. N.R.S. 17!.515 , <u@*. %.
Sno= 6. State, 779 &.2* 9!
Ne6.,1989
Statute reFuiring that Aotion< )or ne= trial @a<e* on ne=lB *i<co6ere* e6i*ence @e @rought
=ithin t=o Bear< a)ter 6er*ict *i* not 6iolate eFual 'rotection clau<e o) #ourteenth ,Aen*Aent
on @a<i< o) *i<tingui<hing @et=een tho<e 'ri<oner< =ho @ring their Aotion< =ithin the
t=o Bear< an* tho<e =ho *o not, =here *e)en*ant ha< a6enue, through 'etition )or ha@ea< cor'u<,
@B =hich he AaB 're<ent hi< allege*lB e$cul'ating, ne=lB *i<co6ere* e6i*ence Aore than
t=o Bear< a)ter the 6er*ict. N.R.S. 17!.515 , <u@*. "5 ..S.C.,. Con<t.,Aen*. 1% .
Sno= 6. State, 779 &.2* 9!
Ne6.,1989
,lthough iA'ortant 'ri6ate intere<t e$i<t< in right not to @e e$ecute* erroneou<lB, t=oBear
<tatute o) liAitation< on Aotion )or ne= trial @a<e* on ne=lB *i<co6ere* e6i*ence *i* not 6iolate
*eath 'enaltB *e)en*antI< *ue 'roce<< right<, =here *e)en*ant ha* o'tion o) 're<enting
ne=lB *i<co6ere* e6i*ence in 'etition )or =rit o) ha@ea< cor'u<. N.R.S. 17!.515 , <u@*. "5
..S.C.,. Con<t.,Aen*. 1% .
3argro6e 6. State, !8! &.2* 222
Ne6.,198%
7oth a Aotion )or a ne= trial an* a Aotion to =ith*ra= a guiltB 'lea AaB @e Aa*e a)ter con6iction.
N.R.S. 17!.1!5 , 17!.515 .
Cu<toA (ige<t 2 3ea*note<
&acheco 6. State, %08 &.2* 715
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
%5 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00974
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
110 9%8 ,''lication )or Ne= Trial
110 95% StateAent o) 9roun*<
110?95%G1; ?. /n general.
Ne6.,19!5
Conclu<orB <tateAent in Ao6ing 'a'er< that ne= e6i*ence ha< @een *i<co6ere*, Aaterial to
*e)en<e, @B *e)en*ant, an* that it coul* not =ith rea<ona@le *iligence ha6e @een *i<co6ere*
an* 'rocure* at the trial =a< not <u))icient to =arrant granting o) ne= trial. N.R.S. 1!9.110,
175.5"5, <u@*. 7.
Cu<toA (ige<t 2 3ea*note<
State 6. 7auer, 122 &. 7!
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110 955 7ill o) 0$ce'tion< or StateAent o) Ca<e
110?955G1; ?. Nece<<itB )or @ill o) e$ce'tion<.
Ne6.,1912
2here a Aotion )or a ne= trial i< @a<e* on Aatter< tran<'iring @e)ore the court, it AaB @e
Aa*e =ithout a @ill o) e$ce'tion<.
Cu<toA (ige<t 8 3ea*note<
1uan@eng@oune 6. State, 220 &."* 1122
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110 95! ,))i*a6it< an* 1ther &roo)< in 9eneral
110?95!G1; ?. /n general.
Ne6.,2009
,< )ir<t o) three <te'< in6ol6e* on a non0ngli<h<'ea?ing *e)en*antI< Aotion )or ne= trial
@a<e* on allege* inaccuracie< o) hi< tran<late* trial te<tiAonB, each 'artB <houl* ha6e it< o=n
inter'reter re6ie= the tran<late* te<tiAonB )or *i<cre'ancie<5 i) *i<cre'ancie< e$i<t, the *e)en*ant
ha< the @ur*en o) *eAon<trating the inaccuracB o) the tran<late* te<tiAonB an* that it
)un*aAentallB altere* the <u@<tance o) hi< actual te<tiAonB. 2e<tI< NRS, 17!.515 .
%! S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00975
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
1uan@eng@oune 6. State, 220 &."* 1122
Ne6.,2009
,< <econ* o) three <te'< in6ol6e* on a non0ngli<h<'ea?ing *e)en*antI< Aotion )or ne= trial
@a<e* on allege* inaccuracie< o) hi< tran<late* trial te<tiAonB, the *i<trict court <houl* a''oint
an in*e'en*ent an*, i) a6aila@le, certi)ie* court inter'reter to re6ie= the tran<lation<5 to *eterAine
=hether the *e)en*ant ha< Aet hi< @ur*en o) *eAon<trating the inaccuracB o) the
tran<late* te<tiAonB, the *i<trict court Au<t con<i*er the *i<'ute* 6er<ion< o) the te<tiAonB to
*eterAine =hether the allege* inaccuracie< or oAi<<ion< )un*aAentallB altere* the conte$t o)
the *e)en*antI< te<tiAonB an* =hether the inaccuracie< 'reDu*ice* the *e)en*ant <uch that a
ne= trial i< =arrante*. 2e<tI< NRS, 17!.515 .
State 6. >c8aB, 1!5 &.2* "89
Ne6.,19%!
The 'ortion o) <heri))I< a))i*a6it relating to letter allege* to ha6e @een =ritten @B *e)en*ant
=hile in countB Dail to =oAan in .tah reFue<ting that hac?<a= @la*e< @e <ent hiA, although it
=oul* ha6e @een rele6ant at trial to <ho= con<ciou<ne<< o) guilt an* )ear o) con<eFuence<,
=a< not 'ro'er )or that 'ur'o<e a)ter the trial u'on Aotion )or ne= trial u'on groun* o) in<u))iciencB
o) e6i*ence to Du<ti)B the 6er*ict.
State 6. >c8aB, 1!5 &.2* "89
Ne6.,19%!
No e6i*ence =oul* @e 'ro'er u'on a Aotion )or ne= trial that =a< 'ro'er, rele6ant, or Aaterial
to i<<ue< at the trial, in6ol6ing guilt or innocence o) *e)en*ant, an* not there intro*uce*.
State 6. >c8aB, 1!5 &.2* "89
Ne6.,19%!
1nlB the e6i*ence a*Aitte* at trial, an* @e)ore ca<e =a< )inallB <u@Aitte* to DurB, can @e con<i*ere*
u'on a Aotion )or ne= trial in *eterAining <u))iciencB o) e6i*ence to Du<ti)B the 6er*ict.
State 6. >c8aB, 1!5 &.2* "89
Ne6.,19%!
The 'ortion o) <heri))I< a))i*a6it narrating *e)en*antI< atteA'te* e<ca'e )roA countB Dail =hile
=aiting trial, =hen a*Aitte* u'on hearing o) *e)en*antI< Aotion )or ne= trial, =a< a*Ai<<i@le
onlB to <ho= criAinal an* *e<'erate character o) *e)en*ant )or 'ur'o<e o) <ho=ing rea<ona@le
nece<<itB )or ?ee'ing hiA han*cu))e* at tiAe o) the trial, an* )ailure to re<trict u<e o) a))i*a6it
)or <uch 'ur'o<e =a< erroneou<.
State 6. StanleB, % Ne6. 71
%7 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00976
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Ne6.,18!8
,n a''lication )or ne= trial on the groun* that *e)en*ant =a< not 're<ent *uring the trial AaB
@e 're<ente* <iA'lB @B a))i*a6it, =ithout either <tateAent or @ill o) e$ce'tion<.
Cu<toA (ige<t 2 3ea*note<
State 6. Soren<on, "15 &.2* 508
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110 95! ,))i*a6it< an* 1ther &roo)< in 9eneral
110?95!G2; ?. Nece<<itB )or a))i*a6it< in general.
Ne6.,1957
Trial courtI< )ailure, in granting ne= trial a)ter con6iction, to reFuire coA'liance =ith <tatutorB
reFuireAent that Aotion )or ne= trial @a<e* on Ai<con*uct @e <u''orte* @B a))i*a6it
=oul* not @e *eterAine* erroneou< =here trial court grante* <ai* Aotion on a**itional groun*
=hich *i* not reFuire <u''ort @B a))i*a6it. N.R.S. 1!9.110.
Cu<toA (ige<t 2 3ea*note<
/<@ell 6. State, !2! &.2* 127%
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110 95! ,))i*a6it< an* 1ther &roo)< in 9eneral
110?95!G10; ?. Su))iciencB o) 'roo)< a< to *i<Fuali)ication o) Duror<.
Ne6.,1981
06i*ence <u''orte* trial courtI< )in*ing that Duror ha* not Aaintaine* a @ia< again<t *e)en*ant
=hich <he ha* conceale* on 6oir *ire.
Cu<toA (ige<t 2 3ea*note<
>eBer 6. State, 80 &."* %%7
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
%8 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00977
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
110 95! ,))i*a6it< an* 1ther &roo)< in 9eneral
110?95!G11; ?. >i<con*uct o) or a))ecting Duror< in general.
Ne6.,200"
/n claiA< o) DurB Ai<con*uct @a<e* on intrin<ic in)luence< an* e$trin<ic Aaterial that *oe< not
generallB rai<e a 're<uA'tion o) 'reDu*ice, the *e)en*ant Au<t, through a*Ai<<i@le e6i*ence,
*eAon<trate the nature o) the Duror Ai<con*uct an* that there i< a rea<ona@le 'ro@a@ilitB that it
a))ecte* the 6er*ict.
Cu<toA (ige<t % 3ea*note<
&en*leton 6. State, 7"% &.2* !9"
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110 95! ,))i*a6it< an* 1ther &roo)< in 9eneral
110?95!G1"; ?. Su))iciencB o) 'roo)< a< to Ai<con*uct o) or a))ecting Duror<.
Ne6.,1987
,lthough 'roce*ure )or alleging Duror Ai<con*uct on Aotion )or ne= trial u<uallB in6ol6e*
<u@Ai<<ion o) a))i*a6it< o) Duror<, *etailing Ai<con*uct o) other Duror<, <o that *i<trict Du*ge
coul* then call hearing to Fue<tion a))iant a@out Aatter, un*er circuA<tance< o) ca<e, there
=a< no in)irAitB in 'roce*ure utiliEe* @B *e)en<e coun<el o) <u@Aitting hi< o=n a))i*a6it alleging
Duror Ai<con*uct.
:ittle 6. State, !25 &.2* 572
Ne6.,1981
Though a))i*a6it< =ere a*Aitte* )or liAite* 'ur'o<e o) <ho=ing concealAent o) actual @ia< on
'art o) Duror<, =here nothing in recor* coA'elle* a )in*ing o) intentional concealAent @B Duror<,
trial court acte* =ell =ithin it< *i<cretion in *eterAining that a ne= trial =a< not =arrante*.
&ar<on< 6. State, "29 &.2* 1070
Ne6.,1958
/n Aur*er 'ro<ecution, e6i*ence <u<taine* iA'lie* )in*ing that <e'aration< o) Duror< =ere not
'reDu*icial.
Cu<toA (ige<t 1% 3ea*note<
>eBer 6. State, 80 &."* %%7
%9 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00978
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110 957 StateAent<, ,))i*a6it<, an* Te<tiAonB o) -uror<
110?957G1; ?. /n general.
Ne6.,200"
7ecau<e claiA< o) Duror Ai<con*uct @a<e* on intrin<ic in)luence< can rarelB @e 'ro6en =ithout
re<ort to ina*Ai<<i@le Duror a))i*a6it< that *el6e into the DurBI< *eli@erati6e 'roce<<, onlB in e$treAe
circuA<tance< =ill intrin<ic in)luence< Du<ti)B a ne= trial. 2e<tI< NRS, 50.0!5 .
>eBer 6. State, 80 &."* %%7
Ne6.,200"
The *i<trict court, )or 'ur'o<e< o) a claiA o) Duror Ai<con*uct, Au<t a''lB an o@Decti6e te<t in
e6aluating the iA'act o) the e$trin<ic Aaterial or intrin<ic Ai<con*uct on the 6er*ict an*
<houl* not in6e<tigate the <u@Decti6e e))ect< o) anB e$trin<ic e6i*ence or Ai<con*uct on the
Duror<.
Tinch 6. State, 9%! &.2* 10!1
Ne6.,1997
,< general rule, Duror< AaB not iA'each their o=n 6er*ict.
7u<hnell 6. State, 599 &.2* 10"8
Ne6.,1979
Ne6a*a la= allo=< Duror te<tiAonB regar*ing o@Decti6e )act< or o6ert con*uct con<tituting Duror
Ai<con*uct.
2al?er 6. State, 59% &.2* 710
Ne6.,1979
2here it i< claiAe* that a Duror ha< an<=ere* )al<elB on 6oir *ire a@out a Aatter o) 'otential
@ia< or 'reDu*ice, an e$ce'tion i< Aa*e to general rule that a DurorI< <tateAent< =ill not @e recei6e*
to iA'each the 6er*ict.
Coo? 6. State, "59 &.2* %8"
Ne6.,19!1
-uror< coul* not iA'each their o=n 6er*ict.
&inana 6. State, "52 &.2* 82%
Ne6.,19!0
&er<onal te<tiAonB o) Duror<, a< to a<<erte* Ai<con*uct, 'ro))ere* a< atteA't to ha6e Duror<
50 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00979
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
iA'each their o=n 6er*ict @B <ho=ing that theB ha* an<=ere* Fue<tion< on 6oir *ire e$aAination
iA'ro'erlB an* that theB ha* con<i*ere* )act< out<i*e recor* =a< 'ro'erlB re)u<e*.
State 6. >c8aB, 1!5 &.2* "89
Ne6.,19%!
9enerallB, Duror< AaB te<ti)B to anB )act< <ho=ing the e$i<tence o) an out<i*e in)luence, @ut
theB cannot gi6e e6i*ence to the e))ect anB <uch out<i*e in)luence AaB ha6e ha* on their
Ain*< in arri6ing at a 6er*ict.
State 6. >c8aB, 1!5 &.2* "89
Ne6.,19%!
9enerallB, a))i*a6it< or te<tiAonB o) Duror< are a*Ai<<i@le =hen o))ere* @B 'ro<ecution )or
'ur'o<e o) <u<taining the 6er*ict.
State 6. >c8aB, 1!5 &.2* "89
Ne6.,19%!
,))i*a6it< @B Duror< that theB =ere not in)luence* @B rea*ing ne=<'a'er article<, or @B iA'ro'er
arguAent< o) 'ro<ecuting attorneB, or @B iA'ro'er e6i*ence or e$hi@it< intro*uce* in
the DurB rooA, or that theB *i* not 'aB anB attention to )act that in<truction *eli6ere* to theA
=a< Aar?e* Pre)u<e*Q, cannot @e con<i*ere*.
State 6. >c8aB, 1!5 &.2* "89
Ne6.,19%!
,))i*a6it< o) Duror<, in =hich theB <tate* theB =ere not in)luence* @B )act that *e)en*ant =a<
<hac?le* *uring cour<e o) trial, =a< not coA'etent e6i*ence to <ho= a@<ence o) anB 'reDu*icial
in)luence u'on their Ain*< a< re<ult o) <hac?ling o) *e)en*ant, an* a*Ai<<ion o) <uch
e6i*ence on *e)en*antI< Aotion )or ne= trial =a< iA'ro'er.
State 6. :e=i<, 91 &.2* 820
Ne6.,19"9
Ver*ict< cannot @e iA'eache* @B Duror<I a))i*a6it<.
State 6. Ste=art, 9 Ne6. 120
Ne6.,187%
-urorI< a))i*a6it i< ina*Ai<<i@le to iA'each 6er*ict.
Re)erence<
/A'eachAent o) 6er*ict @B DurorI< e6i*ence that he =a< coerce* or intiAi*ate* @B )ello= Duror
"9 ,Aerican :a= Re'ort< %th 800 G1985;
9 Norton 7an?ru'tcB :a= an* &ractice 2* #e*. R. 06i*. !0! G1998;
51 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00980
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Cu<toA (ige<t % 3ea*note<
Tinch 6. State, 9%! &.2* 10!1
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110 957 StateAent<, ,))i*a6it<, an* Te<tiAonB o) -uror<
110?957G2; ?. (enBing or e$'laining a<<ent to 6er*ict.
Ne6.,1997
-urorI< te<tiAonB, 'rior to 'enaltB 'ha<e o) Aur*er trial, to e))ect that <he ha* tol* @aili)) 'rior
to rea*ing o) 6er*ict that <he =ante* to change her 6er*ict an* that @aili)) ha* tol* her that <he
coul* not *o <o, *i* not reFuire *eclaration o) Ai<trial, =here Duror *i* not re'u*iate her 6er*ict
at tiAe DurB =a< 'olle* an* @aili))I< te<tiAonB a< to hi< con6er<ation =ith Duror con)licte*
=ith DurorI< te<tiAonB.
0cha6arria 6. State, 8"9 &.2* 589
Ne6.,1992
StateAent< o) Duror *uring 'o<ttrial inter6ie= that <he ha* 6ote* )or *eath 'enaltB onlB @ecau<e
<he thought that 6er*ict =oul* @e o6erturne* on a''eal =a< not a*Ai<<i@le to iA'each
DurBI< 6er*ict.
State 6. :e=i<, 91 &.2* 820
Ne6.,19"9
,))i*a6it< o) Duror< to <ho= Ai<con*uct o) DurB an* that 6er*ict =a< coerce* a< a re<ult o)
Ai<re're<entation an* *eceit o) )ello= Duror<, =ere 6aluele<< a< @eing contrarB to )act< <ho=n
@B recor* an* a< not *i<clo<ing the naAe o) anB Duror =ho Ai<re're<ente* anB )act<.
Cu<toA (ige<t 1" 3ea*note<
Val*eE 6. State, 19! &."* %!5
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110 957 StateAent<, ,))i*a6it<, an* Te<tiAonB o) -uror<
110?957G"; ?. >i<con*uct o) Duror<, in general.
Ne6.,2008
52 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00981
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
1n a Aotion )or Ai<trial @a<e* on intrin<ic Duror Ai<con*uct, the *e)en*ant Au<t 'ro6e the
nature o) the DurB Ai<con*uct an* that there i< a rea<ona@le 'o<<i@ilitB that the Ai<con*uct a))ecte*
the 6er*ict5 the *e)en*ant AaB onlB 'ro6e the Ai<con*uct u<ing o@Decti6e )act< an* not
the <tate o) Ain* or *eli@erati6e 'roce<< o) the DurB.
>eBer 6. State, 80 &."* %%7
Ne6.,200"
&roo) o) Duror Ai<con*uct Au<t @e @a<e* on o@Decti6e )act< an* not the <tate o) Ain* or *eli@erati6e
'roce<< o) the DurB. 2e<tI< NRS, 50.0!5 .
>eBer 6. State, 80 &."* %%7
Ne6.,200"
-uror a))i*a6it< that *el6e into a DurorI< thought 'roce<< cannot @e u<e* to iA'each a DurB 6er*ict
@a<e* on Ai<con*uct an* Au<t @e <tric?en. 2e<tI< NRS, 50.0!5 .
>eBer 6. State, 80 &."* %%7
Ne6.,200"
7e)ore a *e)en*ant can 're6ail on a Aotion )or a ne= trial @a<e* on a claiA o) Duror Ai<con*uct,
the *e)en*ant Au<t 're<ent a*Ai<<i@le e6i*ence <u))icient to e<ta@li<h: G1; the occurrence
o) Duror Ai<con*uct, an* G2; a <ho=ing that the Ai<con*uct =a< 'reDu*icial.
>eBer 6. State, 80 &."* %%7
Ne6.,200"
,))i*a6it< or <tateAent< @B Duror< a@out the actual e))ect o) Duror Ai<con*uct on the *eli@eration<
or their in*i6i*ual *eci<ion< are not a*Ai<<i@le to *eterAine the iA'act o) the Ai<con*uct
u'on a 6er*ict. 2e<tI< NRS, 50.0!5 .
>eBer 6. State, 80 &."* %%7
Ne6.,200"
(i<trict court *i* not a@u<e it< *i<cretion, )or 'ur'o<e< o) claiA o) Duror Ai<con*uct @rought
@B <e$ual a<<ault *e)en*ant, in <tri?ing 'ortion o) Duror a))i*a6it< that inclu*e* re)erence< regar*ing
<i*e e))ect< o) 6ictiAI< ,ccutane Ae*ication, =hich ha* @een tol* to DurB @B Duror
=ho re<earche* the Ae*ication, an* re)erence< regar*ing the e))ect <entencing *i<cu<<ion< ha*
on Aental 'roce<< o) t=o o) the Duror<, e6en though *e)en*ant claiAe* e$clu*e* 'ortion< =ere
*eterAinati6e o) Ai<con*uct claiA, a< *e)en*ant allege* at trial that 'hB<ical Aar?< on 6ictiAI<
@o*B =ere cau<e* @B a reaction to 6ictiAI< ,ccutane Ae*ication or )alling5 recor* re6eale*
that the <tric?en 'ortion< o) the Duror a))i*a6it< outline* the e))ect that the allege* Ai<con*uct
ha* u'on <oAe o) the Duror<, or ho= the DurB con*ucte* it< *eli@eration<. 2e<tI<
5" S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00982
5
10
15
20
25

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2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
NRS, 50.0!5 .
:ittle 6. State, !25 &.2* 572
Ne6.,1981
2hen it i< claiAe* a Duror ha< an<=ere* )al<elB on 6oir *ire a@out a Aatter o) 'otential @ia< or
'reDu*ice, a))i*a6it< o) other Duror< re6ealing <uch iA'ro'er con*uct AaB @e recei6e* to iA'each
their 6er*ict.
7u<hnell 6. State, 599 &.2* 10"8
Ne6.,1979
-urorI< a))i*a6it to e))ect that DurB )oreAan Ai<<tate* to other Duror< the Du*geI< re<'on<e to
Duror<I Fue<tion< *uring *eli@eration =a< coA'etent e6i*ence iA'eaching 6er*ict, <ince it =a<
te<tiAonB regar*ing an o@Decti6e )act con<tituting Duror Ai<con*uct an* =a< a*Ai<<i@le.
N.R.S. %8.025 , 50.0!5 , <u@*. 2.
7ar?er 6. State, 59% &.2* 719
Ne6.,1979
2here court e$clu*e* )roA it< con<i*eration o) DurB Ai<con*uct tho<e 'ortion< o) a))i*a6it
=hich *i* *eal =ith Aental 'roce<<e< or e))ect u'on Duror< o) allege* Ai<con*uct, an* onlB relie*
u'on tho<e 'ortion< o) a))i*a6it< o) te<tiAonB *ealing =ith the con*uct an* the <tateAent<
to the DurB o) the )oreAan, the<e =ere o@Decti6e )act< o6er an* ca'a@le o) a<certainAent @B
anB o@<er6er an* the court, there)ore, 'rocee*e* 'ro'erlB un*er a''lica@le rule. N.R.S. 50.0!5
, <u@*. 2.
State 6. >c8aB, 1!5 &.2* "89
Ne6.,19%!
Though Duror< AaB @e 'erAitte* to te<ti)B a< to =hether anB 'articular act allege* a< Ai<con*uct
on 'art o) Duror< occurre*, or a< to e$i<tence o) anB )act Ailitating again<t )air trial, theB
are not 'erAitte* to gi6e e6i*ence, either orallB or @B a))i*a6it, u'on Aotion )or ne= trial, a<
to e))ect <uch Ai<con*uct or 'reDu*icial act ha* u'on their Ain*<.
State 6. >c8aB, 1!5 &.2* "89
Ne6.,19%!
The Duror< are coA'etent to re@ut allegation< o) @ia< an* Ai<con*uct, @ut, =here act o) Ai<con*uct
i< a*Aitte*, it cannot @e <ho=n @B Duror< that accu<e* <u))ere* no 'reDu*ice @B rea<on
thereo), <ince un*er <uch circuA<tance< the 're<uA'tion o) 'reDu*ice i< conclu<i6e.
State 6. CrutchleB, 12 &. 11"
Ne6.,188!
5% S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00983
5
10
15
20
25



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2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
The a))i*a6it o) a trial Duror, in a trial )or Aur*er, 'ur'orting to gi6e a <tateAent Aa*e @B another
Duror a)ter the DurB ha< retire* to con<i*er their 6er*ict, i< not generallB e6i*ence o) Ai<con*uct
=hich the court can con<i*er in <u''ort o) a Aotion )or a ne= trial.
Re)erence<
&reDu*icial e))ect o) DurBI< 'rocureAent or u<e o) @oo? *uring *eli@eration< in criAinal ca<e<
"5 ,Aerican :a= Re'ort< %th !2! G1985;
&ro'rietB o) DurorI< te<t< or e$'eriAent< in DurB rooA "1 ,Aerican :a= Re'ort< %th 5!!
G198%;
Cu<toA (ige<t ! 3ea*note<
>eBer 6. State, 80 &."* %%7
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110 957 StateAent<, ,))i*a6it<, an* Te<tiAonB o) -uror<
110?957G5; ?. Con<i*eration @B DurB o) Aatter< not in e6i*ence.
Ne6.,200"
To *eterAine =hether there i< a rea<ona@le 'ro@a@ilitB that Duror Ai<con*uct a))ecte* a 6er*ict,
a court AaB con<i*er a nuA@er o) )actor<, =hich inclu*e ho= the e$traneou< in)orAation
=a< intro*uce* to the DurB, the length o) tiAe it =a< *i<cu<<e* @B the DurB, the tiAing o) it<
intro*uction,
=hether the in)orAation =a< aA@iguou<, 6ague, or <'eci)ic in content, =hether the
in)orAation =a< cuAulati6e o) other e6i*ence a**uce* at trial, =hether the in)orAation in6ol6e*
a Aaterial or collateral i<<ue, =hether the in)orAation in6ol6e* ina*Ai<<i@le e6i*ence,
an* in a**ition, the trial court Au<t Aa?e a con<i*eration o) the e$trin<ic in)luence in light o)
the trial a< a =hole an* the =eight o) the e6i*ence.
>eBer 6. State, 80 &."* %%7
Ne6.,200"
The *i<trict courtI< )actual inFuirB )or 'ur'o<e< o) a claiA o) Duror Ai<con*uct i< liAite* to
*eterAining
the e$tent to =hich Duror< =ere e$'o<e* to the e$trin<ic or intrin<ic e6i*ence.
&inana 6. State, "52 &.2* 82%
Ne6.,19!0
55 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00984
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
,))i*a6it< concerning hear<aB <tateAent< o) one o) the Duror<, an* aAounting to in*irect =aB
o) 'erAitting Duror to iA'each hi< o=n 6er*ict, =ere not entitle* to con<i*eration on Aotion
)or ne= trial.
&inana 6. State, "52 &.2* 82%
Ne6.,19!0
&er<onal te<tiAonB o) Duror<, a< to a<<erte* Ai<con*uct, 'ro))ere* a< atteA't to ha6e Duror<
iA'each their o=n 6er*ict @B <ho=ing that theB ha* an<=ere* Fue<tion< on 6oir *ire e$aAination
iA'ro'erlB an* that theB ha* con<i*ere* )act< out<i*e recor* =a< 'ro'erlB re)u<e*.
State 6. >c8aB, 1!5 &.2* "89
Ne6.,19%!
,))i*a6it< @B Duror< that theB =ere not in)luence* @B rea*ing ne=<'a'er article<, or @B iA
'ro'er arguAent< o) 'ro<ecuting attorneB, or @B iA'ro'er e6i*ence or e$hi@it< intro*uce* in
the DurB rooA, or that theB *i* not 'aB anB attention to )act that in<truction *eli6ere* to theA
=a< Aar?e* Pre)u<e*Q, cannot @e con<i*ere*.
Re)erence<
-urorI< rea*ing o) ne=<'a'er account o) trial in <tate criAinal ca<e *uring it< 'rogre<< a<
groun* )or Ai<trial, ne= trial, or re6er<al %! ,Aerican :a= Re'ort< %th 11 G198!;
&reDu*icial e))ect o) DurBI< 'rocureAent or u<e o) @oo? *uring *eli@eration< in criAinal ca<e<
"5 ,Aerican :a= Re'ort< %th !2! G1985;
-urBI< *i<cu<<ion o) 'arole la= a< groun* )or re6er<al or ne= trial 21 ,Aerican :a= Re'ort<
%th %20 G198";
Cu<toA (ige<t 2 3ea*note<
:e=i< 6. State, 59! &.2* 85%
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110 958 ,))i*a6it< an* 06i*ence a< to Ne=lB (i<co6ere* 06i*ence
110?958G1; ?. /n general.
Ne6.,1979
Trial Court *i* not err in *enBing ne= trial in Aur*er 'ro<ecution on @a<i< o) allege*lB ne=lB
*i<co6ere* e6i*ence containe* in a))i*a6it e$ecute* @B co*e)en*ant e$cul'ating *e)en*ant
)roA anB 'artici'ation in the criAe.
5! S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00985
5
10
15
20
25

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2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Cu<toA (ige<t " 3ea*note<
:o'eE 6. State, 7!9 &.2* 127!
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110 958 ,))i*a6it< an* 06i*ence a< to Ne=lB (i<co6ere* 06i*ence
110?958G!; ?. Su))iciencB o) 'roo)< in general.
Ne6.,1989
Trial court *i* not err in re)u<ing Ai<trial in 'ro<ecution )or Aur*er @B torture @a<e* u'on allege*
'erDure* te<tiAonB o) ?eB =itne<< )or 'ro<ecution5 allege* 'erDurB, that =itne<< =a< in
)act @rother o) 6ictiAI< Aother, =a< not 'ro6e*.
&acheco 6. State, %08 &.2* 715
Ne6.,19!5
#act< @earing u'on rea<ona@le *iligence to 'rocure e6i*ence )or trial Au<t @e <ho=n @B @e<t
e6i*ence 'o<<i@le on Aotion )or ne= trial. N.R.S. 175.5"5, <u@*. 7.
Cu<toA (ige<t 2 3ea*note<
:i@@B 6. State, 975 &.2* 8""
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110?959 ?. 3earing an* rehearing in general.
Ne6.,1999
06i*entiarB hearing regar*ing claiA o) gen*er *i<criAination in DurB <election =a< not Aeaningle<<,
<o a< to =arrant a ne= trial, e6en though alAo<t eight Bear< ha* 'a<<e* <ince the DurB
<election5 =hile 'ro<ecutor =a< una@le to reAeA@er e6erB *etail, <uch a< each 'otential DurorI<
clothing or e$act *eAeanor, the *e)en<e ha* aA'le o''ortunitB to cro<<e$aAine the 'ro<ecutor
to challenge @oth hi< cre*i@ilitB an* hi< AeAorB, an* the *eterAination that he coul* <u))icientlB
recall an* articulate hi< rea<on< )or e$erci<ing hi< 'ereA'torB challenge< =a< not an
a@u<e o) *i<cretion.
Cu<toA (ige<t % 3ea*note<
57 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00986
5
10
15
20
25

1
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Ru*in 6. State, 8! &."* 572
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110?9!1 ?. (eterAination.
Ne6.,200%
>ur*er *e)en*antI< na?e* allegation< that trial courtI< *eci<ion to *enB her Aotion )or ne= trial
=a< colore* @B @ia< or lac? o) iA'artialitB =ere in<u))icient to e<ta@li<h anB iA'ro'rietB5
*e)en*ant ha* @ur*en o) <etting )orth )act<, @ut )aile* to *o <o.
State 6. &urcell, 887 &.2* 27!
Ne6.,199%
(i<trict court =hich grante* ne= trial to *e)en*ant clearlB i*enti)ie* the con)lict in the e6i*ence
=hen it note* in it< o'inion that e6i*ence a< to *e)en*antI< guilt =a< con)licting an* then
<tate* it< general iA're<<ion =ith regar* to each count, a< =ell a< it< rea<on< )or *i<agreeing
=ith DurB 6er*ict. N.R.S. 17!.515 .
State 6. &urcell, 887 &.2* 27!
Ne6.,199%
,lthough *i<trict court terAe* e6i*ence Pin<u))icient,Q thorough rea*ing o) it< *eci<ion re6eale*
that *i<trict court *i* not )in* e6i*ence in<u))icient a< a Aatter o) la= to <u''ort 6er*ict,
@ut in<tea* )oun* that it =a< con)licting an* that 6er*ict =a< not @a<e* on <u@<tantial
e6i*ence an* thu<, *i<trict courtI< or*er granting ne= trial =a< 'ro'er. N.R.S. 17!.515 .
Cu<toA (ige<t 2 3ea*note<
1uan@eng@oune 6. State, 220 &."* 1122
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110?9!% ?. 1r*er granting or re)u<ing ne= trial.
Ne6.,2009
,< )inal <te' in6ol6e* on a non0ngli<h<'ea?ing *e)en*antI< Aotion )or ne= trial @a<e* on
allege* inaccuracie< o) hi< tran<late* trial te<tiAonB, the *i<trict court <houl* 're<er6e co'ie<
o) tran<lation< )or the recor* on a''eal. 2e<tI< NRS, 17!.515 .
58 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00987
5
10
15
20
25

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2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
Cu<toA (ige<t " 3ea*note<
7ell 6. Coughlin, 820 #.Su''. 780
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 91" 9roun*< )or Ne= Trial in 9eneral
110?91"G1; ?. /n general.
S.(.N.4.,199"
&olice o))icerI< )al<e te<tiAonB concerning hi< ?no=le*ge o) @alli<tic< te<t< other than one to
=hich he te<ti)ie*, con*ition o) t=o o) <i$ @ullet< an* one o) <i$ cartri*ge <hell< )oun* at
criAe <cene, an* =hether he too? tho<e @ullet< an* <hell =ith hiA to con*uct @alli<tic< te<t<
*i* not reFuire ne= trial, not=ith<tan*ing *e)en*ant<I contention that *i<clo<ure o) o))icerI<
'erDurB =oul* ha6e @ol<tere* their arguAent at trial that <tate =oul* ha6e gone to anB length<
to con6ict *e)en*ant< o) Aur*er o) t=o 'olice o))icer< an* <ha?en DurBI< )aith in @alli<tic< re<ult<5
there =a< no e6i*ence that 'ro<ecutor< ?ne= that o))icerI< te<tiAonB =a< )al<e, )al<e
te<tiAonB *i* not un*ercut i*enti)ication o) gun in *e)en*ant<I 'o<<e<<ion a< Aur*er =ea'on
@a<e* on other <hell< an* @ullet<, an*, e6en =ithout gun i*enti)ication, 'ro<ecutionI< ca<e =a<
e$treAelB <trong.
SAitherAan 6. State, 521 So.2* 1050
,la.CriA.,''.,1987
#act that )orAer 'olice o))icer an* 'riAarB =itne<<, in <ale o) controlle* <u@<tance< trial, =a<
not onlB <ource o) incul'atorB e6i*ence )or State, Ao<t nota@lB *e)en*antI< <tateAent< u'on
arre<t, =a< <igni)icant in *eci*ing =hether *e)en*ant =a< entitle* to ne= trial, a)ter 'riAarB
=itne<<I cre*i@ilitB ha* @een later un*erAine* @B charge< o) 'erDurB an* iA'ro'rietou< action<
in other *rug in6e<tigation<.
Re)erence<
/NC1>&0T0NT &R/NC/&,:S, C1>&0T0NT T3/R( &,RT/0S, ,N( T30 :,2 1#
,90NC4 !1 /n*iana :a= -ournal 115 G198!;
Cu<toA (ige<t ! 3ea*note<
..S. 6. >cCourtB, 5!2 #."* %58
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 919 >i<con*uct o) Coun<el )or &ro<ecution
59 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00988
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110?919G1; ?. /n general.
C.,.2.N.4.,2009
(enial o) *rug *e)en*antI< Aotion )or ne= trial =a< not a@u<e o) *i<cretion, not=ith<tan*ing
*e)en*antI< contention that te<ti)Bing 'olice o))icer< coAAitte* 'erDurB, ina<Auch a< it =a<
=ithin 'ur6ie= o) DurB to a<<e<< o))icer<I cre*i@ilitB, an* o))icer<I te<tiAonB =a< not <o 'atentlB
incre*i@le or *e)iant o) 'hB<ical realitie< a< to Du<ti)B intru<ion u'on DurBI< 6er*ict. CoA'rehen<i6e
(rug ,@u<e &re6ention an* Control ,ct o) 1970, N %01, 21 ..S.C.,. N 8%1 5
#e*.Rule< Cr.&roc.Rule "", 18 ..S.C., .
3arri< 6. ..S., 9 #.Su''.2* 2%!
S.(.N.4.,1998
:en*ing o))icerI< ci6il *e'o<ition< )aile* to e<ta@li<h 'erDurB @B her in te<ti)Bing )or go6ernAent
in 'ro<ecution o) @orro=er<I chie) e$ecuti6e o))icer GC01; )or *e)rau*ing len*er< in
connection =ith <'eculati6e oil tra*ing through another coA'anB o=ne* @B C01, )or 'ur'o<e<
o) C01I< entitleAent to ne= trial or correction o) <entence5 o))icer AerelB <tate* in *e'o<ition
that <he lac?e* in)orAation on coA'anBI< acti6itie<. 28 ..S.C.,. N 2255 5 #e*.Rule<
Ci6.&roc.Rule "", 28 ..S.C., .
3arri< 6. ..S., 9 #.Su''.2* 2%!
S.(.N.4.,1998
8no=le*ge or 'erce'tion< o) o))icer< o) @an?< other than @an? )or =hich go6ernAent =itne<<
=or?e* a< len*ing o))icer =a< not *irectlB 'ro@ati6e o) =itne<<I ?no=le*ge or 'erce'tion< an*
thu< =hether <he coAAitte* 'erDurB in te<ti)Bing again<t @orro=er<I chie) e$ecuti6e o))icer
GC01; in 'ro<ecution )or *e)rau*ing len*er<, )or 'ur'o<e< o) *eterAining C01I< entitleAent
to ne= trial or correction o) <entence. 28 ..S.C.,. N 2255 5 #e*.Rule< Ci6.&roc.Rule "", 28
..S.C., .
..S. 6. Chin, 910 #.Su''. 889
0.(.N.4.,1995
(e)en*ant )oun* guiltB o) @eing )elon in 'o<<e<<ion o) =ea'on =a< not entitle* to ne= trial,
e6en though *e)en*ant claiAe* that incon<i<tencie< @et=een earlier te<tiAonB o) 'olice o))icer
an* trial te<tiAonB =ere <o nuAerou< a< to in*icate 'erDurB rather than AeAorB la'<e<
or other non'erDuriou< cau<e< o) con)lict5 incon<i<tencie< relate* to cha<e o) *e)en*ant, an*
not hi< allege* *i<car*ing o) =ea'on a< he ran *o=n an alleB=aB, =hich =a< central to *e)en*antI<
theorB that 'olice P'lante*Q =ea'on.
..S. 6. &an*oEEi, 878 #.2* 152!
!0 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00989
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C.,.1.R./.,1989
#ailure to *i<clo<e <tate 'olice o))icerI< AeAoran*uA on inter6ie= =ith =itne<< *i* not =arrant
ne= trial on charge o) 'erDurB @e)ore gran* DurB =here *e)en*ant coul* ha6e o@taine*
<aAe in)orAation =ith rea<ona@le *iligence an* =here )ailure to *i<clo<e the AeAo =oul* not
ha6e Aa*e a *i))erence in the trialI< outcoAe.
Cu<toA (ige<t 2 3ea*note<
CoA. 6. Corni<h, 5%7 N.0.2* 9%8
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 919 >i<con*uct o) Coun<el )or &ro<ecution
110?919G"; ?. /n arguAent in general.
>a<<.,''.,1989
Ne= trial =a< 'ro'erlB grante* *e)en*ant con6icte* on 'o<<e<<ion o) AariDuana an* tra))ic?ing
in cocaine *ue to Du*geI< concern< =ith tru<t=orthine<< o) e6i*ence, )airne<<, an* intere<t<
o) Du<tice5 e6i*ence 're<ente* <eriou< Fue<tion a< to =hether 'olice o))icer =ho =a< CoAAon=ealthI<
chie) =itne<< ha* coAAitte* 'erDurB, o))icer =a< iA'ro'erlB allo=e* to o))er
o'inion o) *e)en*antI< guilt, an* 'ro<ecutor iA'ro'erlB <ought in clo<ing to ha6e DurB *ra= in)erence
a*6er<e to *e)en*ant )or )ailing to call a< =itne<< co*e)en*ant =ho<e trial ha* @een
<e6ere*.
Re)erence<
&reDu*icial e))ect o) <tateAent @B 'ro<ecutor that 6er*ict, recoAAen*ation o) 'uni<hAent, or
other )in*ing @B DurB i< <u@Dect to re6ie= or correction @B other authoritie< 10 ,Aerican :a=
Re'ort< 5th 700 G199";
Cu<toA (ige<t 2 3ea*note<
CoA. 6. Corni<h, 5%7 N.0.2* 9%8
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110?921 ?. Ruling< on e6i*ence.
>a<<.,''.,1989
Ne= trial =a< 'ro'erlB grante* *e)en*ant con6icte* on 'o<<e<<ion o) AariDuana an* tra))ic?ing
in cocaine *ue to Du*geI< concern< =ith tru<t=orthine<< o) e6i*ence, )airne<<, an* intere<t<
!1 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00990
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28
o) Du<tice5 e6i*ence 're<ente* <eriou< Fue<tion a< to =hether 'olice o))icer =ho =a< CoAAon=ealthI<
chie) =itne<< ha* coAAitte* 'erDurB, o))icer =a< iA'ro'erlB allo=e* to o))er
o'inion o) *e)en*antI< guilt, an* 'ro<ecutor iA'ro'erlB <ought in clo<ing to ha6e DurB *ra= in)erence
a*6er<e to *e)en*ant )or )ailing to call a< =itne<< co*e)en*ant =ho<e trial ha* @een
<e6ere*.
Cu<toA (ige<t 2 3ea*note<
CoA. 6. Corni<h, 5%7 N.0.2* 9%8
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"5 Ver*ict ContrarB to 06i*ence
110?9"5G1; ?. 2eight an* <u))iciencB o) e6i*ence in general.
>a<<.,''.,1989
Ne= trial =a< 'ro'erlB grante* *e)en*ant con6icte* on 'o<<e<<ion o) AariDuana an* tra))ic?ing
in cocaine *ue to Du*geI< concern< =ith tru<t=orthine<< o) e6i*ence, )airne<<, an* intere<t<
o) Du<tice5 e6i*ence 're<ente* <eriou< Fue<tion a< to =hether 'olice o))icer =ho =a< CoAAon=ealthI<
chie) =itne<< ha* coAAitte* 'erDurB, o))icer =a< iA'ro'erlB allo=e* to o))er
o'inion o) *e)en*antI< guilt, an* 'ro<ecutor iA'ro'erlB <ought in clo<ing to ha6e DurB *ra= in)erence
a*6er<e to *e)en*ant )or )ailing to call a< =itne<< co*e)en*ant =ho<e trial ha* @een
<e6ere*.
Cu<toA (ige<t 2 3ea*note<
3arri< 6. ..S., 9 #.Su''.2* 2%!
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"7 Ne=lB (i<co6ere* 06i*ence
110 9"8 /n 9eneral
110?9"8G2; ?. 2hat con<titute< ne=lB *i<co6ere* e6i*ence in general.
S.(.N.4.,1998
Trial e$hi@it< or *ocuAent< rea*ilB acce<<i@le to @orro=er<I chie) e$ecuti6e o))icer GC01;
G@an? <tateAent<, @orro=ing @a<e re'ort<, an* *ailB acti6itB re'ort<; =ere not ne=lB *i<co6ere*
e6i*ence on Fue<tion =hether Aanager o) len*erI< coAAo*itie< *i6i<ion coAAitte*
'erDurB in te<ti)Bing )or go6ernAent in 'ro<ecution )or *e)rau*ing len*er< in connection =ith
!2 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00991
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<'eculati6e oil tra*ing, )or 'ur'o<e< o) *eterAining C01I< entitleAent to ne= trial or correction
o) <entence. 28 ..S.C.,. N 2255 5 #e*.Rule< Ci6.&roc.Rule "", 28 ..S.C., .
Cu<toA (ige<t 2 3ea*note<
..S. 6. 3ar6eB, 5%0 #.2* 1"%5
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"7 Ne=lB (i<co6ere* 06i*ence
110 9"9 (iligence
110?9"9G1; ?. /n general.
C.,.8.,r?.,197!
CourtI< *enial o) *e)en*antI< 'o<ttrial Aotion<, on claiA that a #7/ "02 <tateAent to an agent
@B tele'hone coA'anB <ecuritB o))icer =a< Pne=lB *i<co6ere*Q e6i*ence o) 'erDurB @B <uch
<ecuritB o))icer that ha* @een ?no=inglB <u''re<<e* @B 'ro<ecution, =a< not error, <ince anB
incon<i<tencB @et=een te<tiAonB an* #7/ "02 re'ort o) <tateAent *uring in6e<tigation =a<
rea*ilB *i<co6era@le at tiAe o) trial an* there =a< no e6i*ence o) <u''re<<ion or ?no=ing u<e
o) 'erDure* te<tiAonB @B 9o6ernAent.
Cu<toA (ige<t 2 3ea*note<
Cor<o 6. ..S., "89 #.Su''. !59
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"7 Ne=lB (i<co6ere* 06i*ence
110?9%0 ?. >aterialitB.
S.(.N.4.,197%
/n a@<ence o) anB 'ro<ecutorial Ai<con*uct an* )act that the )al<e te<tiAonB o) o))icer< =ith
re<'ect to their *enial o) ?no=le*ge o) e$i<tence o) illegal =ireta'< =a< not Aaterial to the i<<ue
o) guilt, there =a< no @a<i< to grant ne= trial @a<e* on go6ernAent =itne<<e<I 'erDurB.
Cu<toA (ige<t 9 3ea*note<
..S. 6. St. Vallier, %0% #e*.,''$. !51
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
!" S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00992
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110 9"7 Ne=lB (i<co6ere* 06i*ence
110 9%2 /A'eachAent o) 2itne<<
110?9%2G1; ?. /n general.
C.,.".N.-.,2010
(i<trict court *i* not a@u<e it< *i<cretion in *enBing *e)en*antI< Aotion )or ne= trial in cocaine
iA'ortation 'ro<ecution, *e<'ite *e)en*antI< contention that go6ernAent =itne<<I< 'erDurB
a@out call< *e)en*ant Aa*e to Trini*a* coul* ha6e a))ecte* DurBI< Du*gAent, =here =itne<<I<
te<tiAonB regar*ing *e)en*antI< 'ur'orte* u<e o) 'hone to call Trini*a* =a< not in*i<'en<a@le
to hi< con6iction, an* *e)en*antI< con6iction =a< <u''orte* @B o6er=helAing e6i*ence
)roA other <ource<, inclu*ing te<tiAonB @B la= en)orceAent o))icer< an* *e)en*antI< cocon<'irator.
#e*.Rule< Cr.&roc.Rule "", 18 ..S.C., .
..S. 6. Vogel, 251 #e*.,''$. "99
C.,.9.Cal.,2007
Ca<ela= 'ro6i*ing )or ne= trial @a<e* on critical =itne<<I 'erDurB or coA'lete lac? o) relia@ilitB
*i* not =arrant ne= trial )or con<'iracB an* AoneB laun*ering in connection =ith *rug
acti6itB @a<e* on cocon<'iratorI< <u@<eFuent con6iction )or o@<truction o) o))icial 'rocee*ing
ari<ing )roA cocon<'iratorI< lie< to hi< 'ro@ation o))icer.
ConleB 6. ..S., 1!% #.Su''.2* 21!
(.>a<<.,2001
06i*ence *i<co6ere* *uring ci6il trial that 'ro<ecution =itne<< i*enti)ie* 'er<on< other than
*e)en*ant at 'hoto lineu' a< 'er<on< that he <a= near <cene o) 'olice o))icerI< @eating =arrante*
ne= trial )or *e)en*ant con6icte* o) 'erDurB an* o@<truction o) Du<tice @a<e* u'on hi<
gran* DurB te<tiAonB *uring in6e<tigation o) the a<<ault5 e6i*ence =a< not *i<clo<e* @B 'ro<ecutor<
*e<'ite *e)en*antI< <'eci)ic reFue<t, an* it =a< Aaterial <ince it coul* ha6e @een u<e*
to iA'each =itne<<I trial te<tiAonB that *e)en*ant =a< one o) the 'er<on< he <a= near <cene o)
a<<ault, =hich coul* ha6e re<ulte* in acFuittal. ..S.C.,. Con<t.,Aen*. 5 5 #e*.Rule<
Cr.&roc.Rule "", 18 ..S.C., .
..S. 6. Cu<ti<, 988 #.2* 1"55
C.,.%.>*.,199"
Su@<eFuent in*ictAent o) t=o 'olice o))icer =itne<<e< )or 'erDurB *i* not =arrant ne= trial5
in*ictAent in6ol6e* unrelate* ca<e =ith i<<ue< that ha* no @earing on *e)en*antI< trial,
charge< again<t o))icer< =ere Aere allegation<, in*ictAent< =ere *i<Ai<<e*, an* o))icer<I account
o) e6ent< lea*ing to *e)en*antI< arre<t =a< corro@orate* @B te<tiAonB o) thir* o))icer
!% S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00993
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an*, to <oAe e$tent, te<tiAonB o) *e)en*ant hiA<el).
..S. 6. 3ar6eB, 5%0 #.2* 1"%5
C.,.8.,r?.,197!
CourtI< *enial o) *e)en*antI< 'o<ttrial Aotion<, on claiA that a #7/ "02 <tateAent to an agent
@B tele'hone coA'anB <ecuritB o))icer =a< Pne=lB *i<co6ere*Q e6i*ence o) 'erDurB @B <uch
<ecuritB o))icer that ha* @een ?no=inglB <u''re<<e* @B 'ro<ecution, =a< not error, <ince anB
incon<i<tencB @et=een te<tiAonB an* #7/ "02 re'ort o) <tateAent *uring in6e<tigation =a<
rea*ilB *i<co6era@le at tiAe o) trial an* there =a< no e6i*ence o) <u''re<<ion or ?no=ing u<e
o) 'erDure* te<tiAonB @B 9o6ernAent.
TBler 6. State, 501 S.2.2* 189
>o.,''.,197"
>ere 6ariance @et=een the te<tiAonB o) 'olice o))icer< at *e)en*antI< criAinal trial an* ci6il
trial again<t the o))icer< to reco6er )or allege* @rutalitB =ere not <u))icient to =arrant 6acation
o) Du*gAent an* ne= trial on groun* o) 'erDurB. V.,.>.R. CriA. Rule 27.2!.
State 6. 7raEil, 50% &.2* 7!
,riE.,''.(i6.1,1972
2here incon<i<tencie< in te<tiAonB o) 'olice o))icer =itne<< =ere not o) <uch nature a< to
con6ince court that =itne<< =a< coAAitting or ha* coAAitte* 'erDurB, ne= trial =a< not reFuire*.
>artin 6. .. S., 15% #.2* 2!9
C.,.!.1hio,19%!
/n 'ro<ecution )or cau<ing a girl to @e tran<'orte* in inter<tate coAAerce =ith intent to in*uce
her to engage in iAAoral 'ractice< in 6iolation o) 2hite Sla6e ,ct, re)u<al o) Aotion )or ne=
trial on groun* o) ne=lB *i<co6ere* e6i*ence, con<i<ting o) a))i*a6it< o) 'olice o))icer an* o)
)ather an* uncle o) girl allege*lB tran<'orte* in inter<tate coAAerce ten*ing to <ho= that girl
coAAitte* 'erDurB touching Aaterial )eature< o) her te<tiAonB, *i* not con<titute an a@u<e o)
*i<cretion. 2hite Sla6e ,ct N 2, 18 ..S.C.,. N 2%21 .
Cu<toA (ige<t 5 3ea*note<
State 6. 9reco, 8!2 So.2* 1152
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"7 Ne=lB (i<co6ere* 06i*ence
110 9%2 /A'eachAent o) 2itne<<
!5 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00994
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110?9%2G2; ?. Contra*ictorB <tateAent< @B =itne<<.
:a.,''.%.Cir.,200"
State =itne<<e<I recantation te<tiAonB at 'o<tcon6iction hearing that theB =ere )orce* @B *etecti6e
an* *i<trict attorneBI< in6e<tigator to te<ti)B )al<elB at Aur*er trial that theB hear* *e)en*ant,
rather than accoA'lice, te<ti)B he =a< going to ProllQ 6ictiA, an* that theB =ere
threatene* =ith criAinal charge< i) theB <'o?e =ith *e)en<e coun<el or te<ti)ie* other=i<e,
<u''orte* )in*ing< that o))icer< <u@orne* 'erDurB an* that cre*i@ilitB o) *etecti6eI< an* in6e<tigatorI<
te<tiAonB regar*ing circuA<tance< o) ta?ing =itne<<e<I <tateAent< *e)en*antI<
con)e<<ion, in =hich *etecti6e a*Aitte* 'ara'hra<ing certain <tateAent< an* oAitting other<,
=a< <u))icientlB un*erAine* an* calle* into *ou@t 6ali*itB o) <tateAent< an* con)e<<ion, thu<
entitling *e)en*ant to ne= trial.
CoA. 6. 2ater<, 571 N.0.2* "99
>a<<.,1991
(enial o) *e)en*antI< Aotion )or ne= trial @a<e* on ne=lB *i<co6ere* e6i*ence o) 'olice o))icerI<
allege* ?no=inglB )al<e te<tiAonB at *e)en*antI< trial a< 'art o) o))icerI< allege* 'artici'ation
in unla=)ul 'olice 'rotection 'aBAent <cheAe, =a< not an a@u<e o) *i<cretion, *e<'ite
o))icerI< contrarB te<tiAonB at inter6ening 'erDurB trial o) o))icer =ho allege*lB acte* a<
Ai**leAan in 'rotection 'aBAent <cheAe, 'articularlB a< Aotion Du*ge =a< al<o trial Du*ge.
..S. 6. >ac?in, 5!1 #.2* 958
C.,.(.C.,1977
#act< that ?eB go6ernAent =itne<< tol* her 'ro@ation o))icer, =hen 'artiallB recanting her 'rior
te<tiAonB at Aur*er an* ro@@erB trial, that <he =ante* to Pget right =ith 9o*Q an* <he realiEe*
that <he ha* coAAitte* 'erDurB at trial, an* that =hen =itne<< tal?e* to her attorneB <he
?ne= <he =a< e$'o<ing her<el) to 'ro<ecution )or 'erDurB *i* not e<ta@li<h that =itne<< =a<
no= a cre*i@le =itne<< )or 'ur'o<e o) <ati<)Bing P:arri<on Q te<t )or ne= trial.
State 6. >orro=, 528 &.2* !12
,riE.,197%
Ne= trial =a< not reFuire* =here incon<i<tencie< in 'olice o))icerI< te<tiAonB in 'ro<ecution
)or ?i*na''ing an* le=* an* la<ci6iou< con*uct =ere not o) <uch a nature a< to con6ince court
that =itne<< =a< coAAitting or ha* coAAitte* 'erDurB.
Cu<toA (ige<t 2 3ea*note<
,rnol* 6. State, %02 S.0.2* "12
!! S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00995
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28
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"7 Ne=lB (i<co6ere* 06i*ence
110?9%" ?. Con)licting or contra*icte* e6i*ence.
9a.,''.,1991
/ncon<i<tencie< in te<tiAonB o) 'olice o))icer< =ere not <ho=n to @e 'erDurB an* *i* not entitle
*e)en*ant to ne= trial5 recor* *i* not *i<clo<e that o))icer< ga6e =il)ullB an* ?no=inglB
)al<e te<tiAonB. 1.C.9.,. N 2%985 .
Cu<toA (ige<t " 3ea*note<
&eo'le 6. >arEe*, !1" N.4.S.2* 82!
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"7 Ne=lB (i<co6ere* 06i*ence
110?9%% ?. Cre*i@ilitB.
N.4.CitB.CriA.Ct.,199"
2ea'on 'o<<e<<ion *e)en*ant =a< entitle* to ne= trial on groun* o) ne=lB *i<co6ere* e6i*ence
that o))icer, =ho ha* @een &eo'leI< 'riAarB =itne<< at trial, ha* @een in*icte* )or 'erDurB
allege*lB coAAitte* in unrelate* criAinal 'ro<ecution5 e6i*ence that o))icer ha* lie* to
gran* DurB in another ca<e =oul* 'ro@a@lB ha6e change* 6er*ict at trial, =hich turne* on cre*i@ilitB
o) o))icer 6er<u< *e)en*ant. >c8inneBI< C&: N ""0."0, <u@*. " .
..S. 6. Cu<ti<, 78! #.Su''. 5""
(.>*.,1992
Ne= trial =a< nece<<itate*, in intere<t o) Du<tice, @B arre<ting o))icer<I in*ictAent< )or 'erDurB
in unrelate* ca<e<5 're<ence or a@<ence o) rea<ona@le *ou@t in Duror<I Ain*< coul* @e a))ecte*
@B ?no=le*ge o) )act< that a))ecte* cre*i@ilitB o) arre<ting o))icer<. #e*.Rule< Cr.&roc.Rule
"", 18 ..S.C., .
Cu<toA (ige<t % 3ea*note<
..S. 6. Regan, %7 #e*.,''$. 57
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9"7 Ne=lB (i<co6ere* 06i*ence
!7 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00996
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110 9%5 Su))iciencB an* &ro@a@le 0))ect
110?9%5G2; ?. &articular e6i*ence or ca<e<.
C.,.2.N.4.,2002
(i<trict courtI< *enial o) ne= trial )ollo=ing 'olice o))icerI< con6iction )or 'erDurB =a< not
a@u<e o) *i<cretion, *e<'ite ne=lB *i<co6ere* e6i*ence that o))icer< o) citBI< anticriAe unit
ha* not engage* in Ai<con*uct, an* that go6ernAent *i* not ha6e <u))icient e6i*ence to 'ur<ue
action again<t anticriAe unit o))icer< un*er in6e<tigation5 <u@Dect Aatter o) o))icerI< trial
ha* @een liAite* to =hether or not he 'erDure* hiA<el) @e)ore gran* DurB in6e<tigating allege*
Ai<con*uct, an* go6ernAent ha* liAite* it<el) at trial to that i<<ue. #e*.Rule< Cr.&roc.Rule
"", 18 ..S.C., .
..S. 6. 3u**le<ton, 2" #.Su''.2* 72
(.>e.,1998
,<<uAing that a''ro'riate <tan*ar* )or *eterAining =hether ne= trial =a< =arrante* @B
ne=lB *i<co6ere* e6i*ence that go6ernAent =itne<<e<, un@e?no=n<t to 'ro<ecutor, 'erDure*
theA<el6e< =a< =hether there =a< rea<ona@le li?elihoo* that 6er*ict coul* ha6e @een *i))erent
=ith the ne=lB *i<co6ere* e6i*ence, *e)en*ant =a< not entitle* to ne= trial @a<e* on go6ernAent
=itne<<e<I 'erDurB concerning their countrB o) origin in *rug trial in =hich *e)en*ant allege*
that he coo'erate* =ith =itne<<e< not to *i<tri@ute *rug< @ut to <et u' e$'ort @u<ine<<5
e6i*ence again<t *e)en*ant, inclu*ing incriAinating coAAent< he Aa*e to la= en)orceAent
o))icer< a)ter hi< arre<t, =a< o6er=helAing.
..S. 6. Cu<ti<, 78! #.Su''. 5""
(.>*.,1992
Ne= trial =a< nece<<itate*, in intere<t o) Du<tice, @B arre<ting o))icer<I in*ictAent< )or 'erDurB
in unrelate* ca<e<5 're<ence or a@<ence o) rea<ona@le *ou@t in Duror<I Ain*< coul* @e a))ecte*
@B ?no=le*ge o) )act< that a))ecte* cre*i@ilitB o) arre<ting o))icer<. #e*.Rule< Cr.&roc.Rule
"", 18 ..S.C., .
Cu<toA (ige<t 2 3ea*note<
State 6. 3ill, !"1 ,.2* 150
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110 951 TiAe )or >a?ing
!8 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00997
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110?951G1; ?. /n general.
N.-.Su'er.,''.,199"
>otori<t =ho ha* @een con6icte* in >unici'al Court o) (2/ o))en<e @a<e* on te<tiAonB o)
'olice o))icer =ho later @egan to )al<i)B @reathalBEer rea*ing< )aile* to 're<ent clear, con6incing
an* <ati<)actorB e6i*ence o) anB 'erDurB @B o))icer in hi< ca<e, <uch a< Aight entitle Aotori<t
to ne= trial Aore than t=o Bear< a)ter he =a< con6icte*. R. 7:%7.
Cu<toA (ige<t 2 3ea*note<
State 6. -o<e'h, 95 N.0.2* 771
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110 957 StateAent<, ,))i*a6it<, an* Te<tiAonB o) -uror<
110?957G!; ?. >i<con*uct o) other< a))ecting Duror<.
1hio.,''.2.(i<t.#ran?lin.Co.,1950
/n 'ro<ecution )or <u@ornation o) 'erDurB, =here Du*ge, Duror< an* o))icer< 'lace* in charge
o) DurB, a)ter <u@Ai<<ion o) ca<e @ut @e)ore *eli@eration, *ine* together, *e)en*ant ha* )ull
right to ta?e a))i*a6it< or te<tiAonB o) Duror< a< to =hat tran<'ire*, i) he @elie6e* that he =a<
'reDu*ice* @B action o) trial Du*ge, <ince rule that a))i*a6it< or te<tiAonB o) Duror< =ill not @e
recei6e* to iA'each their 6er*ict, unle<< e6i*ence aliun*e o) irregularitB in *eli@eration< o)
DurB or in return o) 6er*ict i< )ir<t <ho=n, ha< no a''lication =here <uch irregularitB i< *ue to
Ai<con*uct o) Du*ge or o))icer o) court. 9en.Co*e, N 1"%%81.
Re)erence<
CoAAunication @et=een court o))icial< or atten*ant< an* Duror< in criAinal trial a< groun* )or
Ai<trial or re6er<al'o<t&ar?er ca<e< "5 ,Aerican :a= Re'ort< %th 890 G1985;
(i<ru'ti6e con*uct o) <'ectator< in 're<ence o) DurB *uring criAinal trial a< @a<i< )or re6er<al,
ne= trial, or Ai<trial 29 ,Aerican :a= Re'ort< %th !59 G198%;
0Aotional Aani)e<tation< @B 6ictiA or )aAilB o) 6ictiA *uring criAinal trial a< groun* )or re6er<al,
ne= trial, or Ai<trial "1 ,Aerican :a= Re'ort< %th 229 G198%;
&ro'rietB o) attorneBI< coAAunication =ith Duror< a)ter trial 19 ,Aerican :a= Re'ort< %th
1209 G198";
Cu<toA (ige<t " 3ea*note<
!9 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00998
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2il<on 6. State, !77 N.0.2* 58!
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110 958 ,))i*a6it< an* 06i*ence a< to Ne=lB (i<co6ere* 06i*ence
110?958G!; ?. Su))iciencB o) 'roo)< in general.
/n*.,''.,1997
Ne=lB *i<co6ere* e6i*ence, 'articularlB recantation @B 6ictiAI< )orAer @oB)rien* o) hi< te<tiAonB
that he ha* <een *e)en*ant 'oint )irearA at 6ictiA, =arrante* ne= trial on =ea'on<
charge<, *e<'ite claiA that ne= e6i*ence =a< AerelB iA'eaching, an* that @oB)rien*I< a))i*a6it
=a< not =orthB o) cre*it5 a))i*a6it =a< cre*i@le @ecau<e it e$'o<e* @oB)rien* to criAinal
con6iction )or 'erDurB, an* Aoreo6er, it =a< corro@orate* @B t=o other a))i*a6it< <tating that
@oB)rien* an* 6ictiA ha* Pe$'re<<e* <ur'ri<eQ that 'olice o))icerI< te<tiAonB ha* corro@orate*
their o=n.
&eo'le 6. 7o<<ert, 772 &.2* !18
Colo.,1989
>o6ant )aile* to e<ta@li<h that 'olice re'ort allege*lB contra*icting 'olice o))icerI< te<tiAonB
an* e<ta@li<hing 'erDurB @B o))icer =a< ne=lB *i<co6ere* e6i*ence5 Aotion *i* not <tate
=hen Ao6ant learne* o) re'ort or =hether it =a< *i<co6era@le @e)ore trial. Rule< CriA.&roc.,
Rule "5Gc;, Gc;G2;GV, V/; .
Cu<toA (ige<t " 3ea*note<
CoA. 6. 7ortner, 98 (au'h. 81
110 CR/>/N,: :,2
110CC/ >otion< )or Ne= Trial
110 9%8 ,''lication )or Ne= Trial
110?9!1 ?. (eterAination.
&a.CoA.&l.,197!
The court *enie* Aotion< )or a ne= trial an* in arre<t o) Du*gAent a)ter con6iction o) *e)en*ant<,
a 'olice o))icer an* to= truc? o=ner an* o'erator allege*lB in6ol6e* in Aa?ing ?ic?@ac?<
or 'aBo))< )roA to= truc? o'erator< )or the re)erral o) to=ing @u<ine<<, o) 'erDurB @e)ore
the &enn<Bl6ania CriAe CoAAi<<ion, a)ter )in*ing no Aerit to their 6ariou< contention<
inclu*ing tho<e relating to con<oli*ation o) in*ictAent< )or trial, lac? o) authoritB @B the CoAAi<<ion
70 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
00999
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to a*Aini<ter oath<, 6ariance @et=een the in*ictAent an* the e6i*ence a< to the 'ur'o<e
o) the 'aBAent<, a*Ai<<i@ilitB o) te<tiAonB o) *e)en*ant< gi6en @e)ore the CoAAi<<ion
an* *enial o) *e)en*antI< 'retrial a''lication )or *i<co6erB o) note< o) te<tiAonB o) all =itne<<e<
@e)ore the CoAAi<<ion.
CoA. 6. 2oo*, 20 Che<t. 158
&a.CoA.&l.,1972
(e)en*ant, )ollo=ing con6iction @B a DurB o) the criAe o) 'erDurB in concert =ith a co*e)en*ant
Galrea*B <entence*;, @B rea<on o) ha6ing )al<elB an* Aaliciou<lB charge* t=o 'olice
o))icer< =ith a criAinal o))en<e, Ao6e* )or a ne= trial an* in arre<t o) Du*gAent. (e)en<e
coun<el argue* that: the 6er*ict =a< not <u''orte* @B the la= or the e6i*ence, charge o) the
trial Du*ge ha* )aile* to *i<tingui<h @et=een cre*i@ilitB an* 'erDurB, the *e)en*ant <houl*
ha6e @een 'erAitte* to re@ut te<tiAonB a**uce* on cro<< e$aAination o) a coAAon=ealth
=itne<<, an* the content o) the ,<<i<tant (i<trict ,ttorneBI< clo<ing arguAent an* the )act o)
*ual re're<entation o) @oth *e)en*ant< @B the <aAe coun<el con<titute* <'eci)ic 6iolation< o)
*e)en*antI< con<titutional right<. The court care)ullB re6ie=e* the 'ertinent e6i*ence o) recor*
an* the charge o) the court G@oth <'eci)icallB an* rea* a< a =hole;, an*, a''lBing the rule< outline*
a@o6e, hel* that the *e)en*antI< Aotion< Au<t @e *enie*.
C1NC:.S/1N
(e)en*ant+,''elant Coughlin here@B re<'ect)ullB reFue<t< all 1r*er<, Con6iction<,
-u*gAent<, ConteA't #in*ing<, =hate6er, <teAAing )roA the No6eA@er "0
th
, 2011 Trial @e Vacate*
or Set ,<i*e or Recon<i*ere*..
,##/R>,T/1N &ur<uant to NRS 2"97.0"0
The un*er<igne* *oe< here@B a))irA that the 'rece*ing *ocuAent *oe< not contain
the <ocial <ecuritB nuA@er o) anB 'er<on.
(,T0( thi< 15
th
(aB o) (eceA@er, 2011
Zach Coughlin
R+<+ Zach Coughlin
(e)en*ant
71 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
01000
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72 S.&&:0>0NT,: T1 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0,
>otion )or Recon<i*eration5 >otion )or Recu<al
01001
To ce9a0D85-07d5-42f9- e9e-fe15712 From zachconghlin 12-16-11 8:02an p. 74 of 76
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PROOF OF SERVICE
1, Zach Coughlin, declare:
On December 12, 2011, I, Mr. Zach Coughlin served the foregoing Notice of Appeal.
Motto Vacate and or "el JCRCP C P 60.
o
Recus by emailing and faxing and or placing in the mail a true copy thereof to:
Pamela G Roberts Company: Reno City Attorney's Office - Criminal Divison Address: P.O. Box
1900 Reno , NV 89505 Phone Number: 775- 334- 2050 Fax number: 775- 334- 2420 Email:
robertsVareno.gov
DATED THIS15th day of December, 2011 BY:
Zach oughtin
Defendant
73 aVPPLEMENTAL TO Notice of Appeal. Motion to Vacate and or Set Aside. JCRCP 59, JCRCP 60,
Motion for Reconsideration; Motion for Reeusal
01002
01002
s ,, p , s........4",...K .W ...0 41 4,4 4"K e Iry .1
-
,
.
,
-
nr YmVat..
,
*.
Tu; Le9d008507d5-4219- e9e-fe15712
4
1E
-
10-11 0:0Edm p. 70 of TO FLUMi ceuhuunyblin
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EXHIBIT I: COLLECTION OF PERTINENT PAPERS IN FACTUAL AND LEGAL
SUPPORT OF TBE ABOVE MOTIONS AND PLEADINGS .
a
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75 .UPPLEMENTAL TO Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60
Motion for Reconsideration: Motion for Recusal
01003
01003
-
,rn,worhartl.A
,,
I
,
M.H
.,
, ) .
to: 5:159Y.55/-..tUfe-edb-93ac-65c3/ba From: rachcoughlto 12-19-11 5:24pe p. 1 of 92
1
Zach Coughlin, Esq.
NV B ar No: 9473
817 N. Virginia St. #2
Reno, NV 89501
Tele: 775-229-6737
Fax: 949-667-7402
ZachCoughlinghotmail. corn
Pro per Defendant/Appellant
IN THE MUNICIPAL COURT OF THE CITY OF RENO,
COUNTY OF WAS/30E, STATE OF NEVADA
CITY OF RENO; Case No:11 CR 22176 21
Plaintiff
v.
Dept No: Judge Howard
ZACHARY B ARKER COUGHLIN
Notice of Denial of Service: Opposition City
Defendant.
of Reno's Notice of Denial of Service; Request
for Clarification Regarding Deadline for Filing
Motion For New Trial. Other Tolling Motions.
etc:APPLICATION FOR DEFERRAL OR
WAIVER. OF COURT FEES AND COST
Declaration and Supplement to Motion for New Trial,Diretted Verdict Motion to Set Aside_looth the Contempt in Courts Presence
ow. .t. I . 11
.
it so A I I
Custom Digest - 3Headnotes
Rust y. Clark County School Dist., 747 P.2d 1380
228 JUDGMENT
228V11 Entry, Record, and Docketing
228k270 k. Necessity for entry.
Nev.,1987
Prior to entry of final judgment, district court remains free to reconsider and issue written
judgment different from its oral pronouncement.
Central Trust Co. of California v. Holmes Min. Co., 97 P. 390
Nev.,1908
A judgment is a judicial act of the court, and it is as final when pronounced by the court as
when it is entered and recorded by the clerk as required by the statute; the entry being the
ministerial act of the clerk.
1 Notice of Denial of Service: Qpposition City of RenUs Notice of Derokhafrihylitatrpmat
for Filing Motion For New TriaL Other Tolling Motions, etc the records of the RenoMunicipal Court, Reno, Washoe
Nevada, and that the Clerk of the Court is the oustodian of
original record and that I am authonzeo t , ke this Oa
.mt
ey
-
UNICIPAL
7.
vs ..uty Clerk ofe
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the
01004
01004
Toa4599357-307e-edb-93ac-65c32ba From; zachcoughlin 12-19-11 5:24pap. 2 of92
Custom Digest - 2 Headnotes
Berry v. Equitable Gold Min, Co., 91 P. 537
228 JUDGMENT
228 VII Entry, Record, and Docketing
228k271 k. Authority toenter.
Nev.,190"7
A decree for aperpetual injunction entered by the clerkwasvoid on itsface, where it wasunsupported
either by the verdict rendered or by an order ofthe judge directing itsentry.
Custom Digest - 3 Headnotes
State ex rel. Newitt v. Fourth Judicial Dist. Court in and for ElkoCounty, 121 P.2d 442
228 JUDGMENT
228VII Entry, Record, and Docketing
228k272 k. Time for entry in general.
Nev.,1942
The premature entry ofajudgm er.t isnot ajurisdictional defect and doesnot avoid the judgment,
but at most makesit "irregular" and "voidable".See publication Wordsand Phrasesfor
other judicial constructionsand definitions.
Schultz v. Winter, 7 Nev. 130
Nev.,1871
An order made in the trial ofan issue at law, ifafinal judgment, may be entered in term or vacation;
but such an order, made in vacation, can have novitality until, at least, it isdelivered
tothe clerkfor filing.
Custom Digest - 7 Headnotes
McClintockv. McClintock, 138 P.3d 513
228 JUDGMENT
228V11 Entry, Record, and Docketing
228 273 Entry Nunc ProTunc
228k273(1) k. In general.
Nev.,2006
District court may not use anunc protunc order tochange ajudgment actually rendered to
one which the court neither rendered nor intended torender.
Smith v. Epperson, 294 P.2d 362
Nev.,1956
Object and purpose ofnunc protunc order istomake record speaktruth concerning acts
already done. RulesofCivil Procedure, rule 6C(a, b).
Allen v. Allen, 270 P.2d 671
Ncv.,1954
Question whether nunc protunc order should be made dependsupon circumstancesofparticular
case, and it istobe granted or refused asjustice may require.
Finley v. Finley, 189 P.2d 334
Nev.,1948
The object ofa"nunc protune" order istomake arecord speakthe truth concerning acts
done, and such order cannot be made use ofnor resorted totosupply omitted action.See publication
Wordsand Phrasesfor other judicial constructionsand definitions.
Finley v. Finley, 189 P.2d 334
Nev.,1948
The power toorder entry ofjudgment nanoprotunc cannot be used tocorrect judicial errors
or omissions, nor tochange judgment actually rendered toone which the court neither
rendered nor intended torender.
Talbot v. Mack, 169 P. 25
Nev.,1917
The object and purpose ofanunsprotune order istomake arecord speakthe truth concerning
actsalready done, and not tosupply an ore itted action.
2 Notice of Denial of Service: Omoositim Cjtv of Reno's Notice of Denial of Service:
Request far Clarifiegtion Riding Deadline
for Filing Motion
For
New Trial_ Other Tolling Mons.t
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Custom Digest - 2 Headnotes
Ewing v. Jennings, 15 Nev. 379
228 JUDGMENT
228 VII Entry, Record, and Docketing
228 273 Entry Nunc ProTune
228k273(2) k. Failure toenter judgment at time ofrendition.
Nev.,1880
Where aclerkfailstoenter ajudgment ordered by the court, it iswithin the power ofthe court
toorder the judgment tobe entered nunc protunc.
Custom Digest - 2 Headnotes
Finley v. Finley, 189 P.2d 334
228 JUDGMENT
228 VII Entry, Record, and Docketing
228 273 Entry Nunc ProTune
228k273(3) k. Errorsor irregularitiesin previousentry.
Nev.,1948
Court, in entering ajudgment nunc protune, may in itsdiscretion rely on itsmemory asto
what wasactually done and may refresh itsmemory from any source it deemsreliable.
Custom Digest - 2 Headnotes
Ewing v. Jennings, 15 Nev. 379
228 JUDGMENT
228 VII Entry, Record, and Docketing
228 273 Entry Nunc ProTune
228k273(4) k. Existence ofpreviousjudgment or order.
Nev.,1880
A judgm ent roll containing the agreement and order for judgment and the minutesofthe court
iscompetent evidence, tending toestablish the factsnecessary toauthorize the court toenter a
judgment nunc protune.
Custom Digest - 2 Headnotes
Culinary and Hotel Service WorkersUnion, Local No. 226 v. Haugen, 357 P.2d 113
228 JUDGMENT
228VII Entry, Record, and Docketing
228k276 k. Proceedingsfor entry.
Nev.,1960
District court rule wasentitled toencouragement ofSupreme Court; but correction ofnotice
ofentry ofjudgment, by lining out "April" with typewriter and inserting "May", did not destroy
effectivenessofnotice, even ifsuch correction constituted an "interlineation" in violation
ofdistrict court rule District Court Rules, rules2, subd. 6, 19; Supreme Court Rules, rule 2,
subd. 8; NRCP 6(b).
Custom Digest - 3 Headnotes
First Nat. Rankv. Abel, 41 P.2d 1061
228 JUDGMENT
228 VII Entry, Record, and Docketing
228 277 Judgment Roll or Record
228k279 k. Mattersincluded.
Nev.,1935
Copy ofjudgment, striking amended complaint and dismissing action, filed by the clerkbecame
part of"judgment roll". Comp.Laws1929, 8829.See publication Wordsand Phrases
for other judicial constructionsand definitions.
Glockv. Elges, 159 P. 629
Nev.,1916
Judgment roll includespleadingsand judgment,
3 oboe o eni of er u Ijjl 4 avi21,c22 1y2EIKauluiLg12_ o
-
c oe Service; Request for Sagrjaggigesaiding jaigiaL
for FiTinz Motion For New Trial Other Telling Motions, etQ
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
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1.
Custom Digest - 2 Headnotes
Burbankv. Rivers, 18 P. 753
228 JUDGMENT
228VII Entry, Record, and Docketing
228k286 k, Defectsand objections.
Nev.,1888
Where the clerk, in entering an order overruling defendant'smotion for anew trial, entersdefendant's
name as"Henry Rives" and "Henry Rivers," instead of"FrankRivers," defendant is
bound totake notice that the order wasmeant for hiscase.
Custom Digest 2 Headnotes
Blasdel v. Kean, 8 Nev. 305
228 JUDGMENT
228V11 Entry, Record, and Docketing
228k287 k. Effect ofentry and record asbetween partiesin general.
Nev.,1873
Finding and recital ofalegal service ofsummonsin ajudgment isasmuch apart ofthe record,
and entitled tothe same credence, asthe file marksofthe clerkanterior tosuch service.
Custom Digest - 6 Headnotes
Bowersv. Edwards, 385 P.2d 783
228 JUDGMENT
228VII Entry, Record, and Docketing
228k289 k. Conflict in record.
Nev.,1963
Where there isconflict between minute order and judgment, the judgment prevails.
Bushard v. Washoe County, 229 P.2d 156
Nev,,1951
Where minute order ofdecision oftrial court isat variance with tom al judgment filed thereafter,
the formal judgrn ent must prevail.
Mortimer v. Pacific StatesSay, &Loan Co., 145 P.2d 733
NeY,,I944
Where there isconflict between aminute order and ajudgment, the latter prevails.
Mortimer Y. Pacific StatesSay. & Loan Co, 145 P.2d 733
Nev.,1944
A formal written order allowing feestoareceiver'sattorney and reserving totrial court the
right toconsider any additional allowance wasnot ambiguoussoastobe governed by minute
order allowing feesfor the calendar year and reserving totrial court the right tofix future fees
for future services.
Blasdel v. Kean, 8 Nev. 305
Nev,,1873
Every legal intendment isin favor ofthe validity ofajudgment, where there isaconflict in
the record astodue service ofsummons.
American Jurisprudence, Second Edition
Database updated November 2011
Judgments
Christina(Uranza) Crimi, ID.; LauraHunter Dietz, J.D.; Tracy Farrell, J.D.; Alan J. Jacobs,
J.D.; Rachel Kane, 3.D.; William Lindsley, J.D.; JeffJ. Sham po, JD.; Eric &retie, J.D.; and
Suzanne L. Bailey, J.D., ThomasI, Czelusta, J.D., and John R. Kennel, J.D. ofthe National
Legal Research Group, Inc.
IT. Rendition
A. General Considerations
1. In General
Topic Summary Correlation Table References
4 Nonce ofDenial ofService: Opposition Cry ofRendsNotice ofDenial ofService: Request for Clarification Retarding Deadline
for Filing Motion F New Tria- 1 Other T 11ing Motions. eta
2
3
4
6
7
8
0
10
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12
13
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15
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59. Manner ofpronouncement
West'sKey Number Digest
West'sKey Number Digest, Federal Civil Procedure 2621
West sKey Number Digest, Judgment 191, 215
A rendition ofjudgment can occur in more than one manner.[1] In some jurisdictions,
rendition ofjudgment isthe court'spronouncement by spoken word in open court or by written
order filed with the clerkofitsdecision upon the matter submitted toit for adjudication.[2
] It isalsosaid that rendition ofjudgment occurswhen the court makesan oral pronouncement
in open court and accompaniesthat pronouncement with anotation on the trial docket or, in
the alternative, when some written notation ofthe judgment isfiled in the recordsofthe
court. [3] Accordingly, in some jurisdictionsan oral manifestation ofthe decision isregarded
assufficient for ajudgment at law tobecome operative.[4] For the trial court toeffectively
render judgment in open court, it must dosoin spoken word, not in m ere cognition,[5] and the
trial court'soral pronouncement must clearly indicate the intent torender judgment at the time
the wordsare expressed. [6] Where oral rendition ofajudgment isproper, ifthe trial court
signsajudgment on an issue without first making an oral pronouncement in open court, the
act ofsigning the judgment isthe official act ofrendering judgment.[7j When atrial court orally
rendersajudgment that disposesofsonic ofthe issuesin aparty'spleading, but issilent
on others, alater signed judgment that disposesofan additional issue, while only a"written
memorandum" ofthe oral judgment, isarendition ofjudgment on the issue addressed for the
first time in the written judgment.[8]
Caution:
An announcement ofjudgment in open court merely constitutesarendering ofthe judgment,
not an entry ofjudgment.[9]
46 Am. Jur. 2d Judgments 59
In other jurisdictions, however, mere oral pronouncement by the court ofitsdecision isnot
the rendition ofajudgment,[10] and it hasbeen said that a trial court'soral pronouncement is
not ajudgment until it isput in writing and entered asthe judgment,[11 ] that ajudge doesnot
render the judgment until he or she signsawritten notation ofthe reliefgranted or denied,j12
.
1
and that ajudgment isnot rendered until it :ssigned.1
.
13j Among the reasonsstated for not recognizing
an oral pronouncement by the court asthe rendition ofjudgment are that: (1) there
isnopractical manner in which toexecute an oral judgment; (2) an oral judgment cannot be
filed in the court ofanother county or state; and (3) there isnomechanism by which an oral
judgm eat can become alien or. the property ofthe judgment debtor.[14]
Observation:
Prior tothe entry ofafinal judgment, acourt remainsfree toreconsider and issue awritten
judgment different from itsoral pronouncement[15]
CUMULATIVE SUPPLEMENT
Cases:
The mere oral announcement ofajudgment without an entry on the trial docket isnot the
rendition ofajudgment, for the purposesofappeal; for afinal judgment toexist, there must be
an order that isboth signed by the court and filed stamped and dated by the clerkofthe court.
Kilgore v. NebraskaDept. ofHealth and Human Services, 277 Neb. 456, 763 N.W.2d 77
(2009).
[END OF SUPPLEMRNT]
[FN1] Hornig v. Martel Lift Systems, Inc., 258 Neb. 764, 606 N.W.2d 764 (2000).
[FN2] Jonesv. Hubbard, 3561+ .4d. 513, 740 A.2d 1004 (1999); Barton v. Gillespie,
2005 WL 1540156 (Tex. App. Houston lst Dist. 2005),
[FN3] Hornig v. Martel Lift Systems, Inc., 258 Neb. 764, 606 N.W.2d 764 (2000).
Although ajudgment isrendered and existsassuch when it isorally announced from
the bench, and before it hasbeen reduced towriting and entered by the clerk, asageneral
rule ajudgment must be reduced towriting. Bauman v. Maple Valley Community
School Dist., 649 N.W.2d 9 (Iowa2002).
[FN4j U.S. v. Hunt, 513 F.2d 129 (10th Cir. 1975); Gordon v. Gordon, 390 S.W.2d
583 (Mo. Ct. App. 1965); Wittau v. Storie, 145 S.W .3d 732 (Tex. App. Fort Worth
2004).
5 Notice ofDenial ofService: Opposition City ofReno'sNotice ofDenial ofService: Request for Clarification Reearding Deadline
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[FNS] Jamesv. Hubbard, 21 S.W.3d 558 (Tex. App. Sall Antonio2000).
[FN6] In re A.B., 125 S.W.3d 769 (Tex. App. Texarkana2003), review denied, (Mar.
19, 2004).
[FN7] Wittau v. Storie, 145 S.W.3d 732 (Tex. App. Fort Worth 2004).
[FM8j Wittau v. Storie, 145 S.W.3d 732 (Tex. App. Fort Worth 2004).
[FN9] Santanav. Santana, 614 S.E.2d 438 (N.C. Ct. App. 2005).
Astoentry ofjudgment distinguished, see 60.
[FN10] Rust v. ClarkCounty School Dist., 103 Nev. 686, 747 P.2d 1380, 44 Ed. Law
Rep. 736 (1987); Montanov. Encinias, 103 N.M. 515, 709 P.2d 1024 (1985); Sparkle
Laundry & Cleaners, Inc. v. Kelton, 595 S.W.2d 88, 28 U.C.C. Rep. Serv. 1531 (Term.
Ct. App. 1979).
[FM11] Stoker v. Bellemeade, LLC, 272 Ga. App. 817, 615 S.E.2d 1 (2005), cert.
denied, (Sept. 19, 2005).
[FN12] Mumin v. Hart, 9 Neb. App. 404, 612 N.W.2c1 261 (2000).
[FM13; State ex rel. A.S.K., 775 So. 2d 1101 (La. Ct. App. 4th Cir. 2000).
[FN14] McAteer v. Stewart, 696 P.2d 72 (Wyo. 1985).
Astojudgment liens, see 342 to384.
[FN] 5; Rust v. ClarkCounty School Dist., 103 Nev. 686, 747 P.2d 1380, 44 Ed. Law
Rep. 736 (1987).
2011 Thomson Reuters. 33-34B 0 2011 Thomson Reuters/RIA. NoClaim toOrig. U.S.
Govt. Works. All rightsreserved.
AMJUR JUDGMENTS 59
American Jurisprudence, Second Edition
Database updated November 2011
New Trial
John R. Kennel, J.D., ofthe staffofthe National Legal Research Group, Inc.
V. Procedure
B. Time for Making Application
3. Under Federal RulesofCivil Procedure
Topic Summary Correlation Table References
379. Commencement ofperiod
restsKey Number Digest
West'sKey Number Digest, New Trial 116.2
AL.R. Library
Motionsfor new trial:time limitationsunder Rule 59(b) ofFederal RulesofCivil Procedure,
45 A.L.R Fed. 104
The 10-day period under the provision ofthe Federal RulesofCivil Procedure pertaining
tothe time for making new trial motions[1] commencestorun from the entry ofafinal judgment,[
2] not from the rendition ofan interlocutory judgment.[3]
Practice Guide:
The 10-day period istobe computed in accordance with the provision ofthe Federal Rulesof
Civil Procedure governing the computation oftime generally.[4]
An amended judgment supersedesaprior judgment, sothat the 10-day period beginsto
run anew after entry ofthe amended judgm ent.[5]
[FN1] Fed. R Civ. P. 59(b).
[FN2] Sawyer v, Atlantic Discount Corp., 442 F.2d 349 (4th Cir. 1971); Ishikawav.
Acheson, 90 F. Supp. 713 (D. Haw. 1950).
The 10-day period for the serving ofamotion for anew trial began torun upon entry
or docketing ofthe judgment, rather than from the filing ofthe judgment. Tijerinav.
Plentl, 984 F.2d 148, 24 Fed. R Say. 3d 1289 (5th Cir. 1993).
58 Am. Jur. 2d New Trial 379
[FN3] Warner v. Rossignol, 513 F.2d 578 (1st Cir. 1975); Manesv. TransWorld Airlines,
Inc., 324 F. Supp. 470 (N.D. Ill. 1971).
[FN4] Fed. R Civ. P. 6(a).
[FN5] Cornist v. Richland Parish School Bd., 479 F.2d 37 (5th Cir. 1973).
6 Notice ofDenial ofService: Opposition City ofReno'sNotice ofDmial ofService: Requestfor Clarification ReearclinaDeadline
for Filing Motion For New Trial Other Tani eg Motions gic
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Govt. Works. All rightsreserved.
AM.fURNEWTRIAL 379
CorpusJurisSecundum
Database updated December 2011
Judgments
FrancisC. Amendola, J.D., Paul M. Coltoff, J.D., John Glenn, J.D,, Janice Holben, J.D., John
R. Kennel, J.D., ofthe staffofthe National Legal Research Group, Inc., Eric Larsson, J.D.,
Stephen Lease, 1.D., JackK. Levin, JD., William Lindsley, JD., LucasMartin, J.D., Eric
Mayer, J.D., Tom Muskus, J.D., Karl Oakes, J.D., Eric C. Surette, J.D., Alan Wasserstrom,
J.D., Alan Weinstein, J.D.
VII. Rendition, Entry, Record, and Docketing
B. Entry ofJudgment
Topic Summary ReferencesCorrelation Table
144. Necessity
West'sKey Number Digest
West'sKey Number Digest, Judgment 270
West'sKey Number Digest, Judgment 293
Although asbetween the partiesaduly rendered judgment may be valid and effective
without entry, and itsenforcement doesnot alwaysdepend on itsentry, for many purposes
judgmentsare not complete, perfect, and effective until they are entered.
Asageneral rule, the decisionsof all courtsmust be preserved in writing in some record
provided for that purpose.[1]
Asbetween the parties, ajudgment duly rendered may be valid and effective, although not
entered, that is, the clerk'sneglect or failure tomake aproper entry ofthe judgment, or defective
or inaccurate entry ofit, at least in the absence ofstatute tothe contrary, will not deprive it
ofthe force ofajudicial decision.[2] The enforcement ofajudgm ent doesnot depend on its
entry.(3j
However, for many purposesajudgment isnot complete, perfect, and effective until it has
been duly entered [4] Thus, it hasbeen broadly held that judgmentstake effect only from the
date ofentry[5] and that there isnojudgment until it isentered ofrecord.[6]
A rule governing rendition and entry ofjudgmertsand ordersobliteratesany distinction
between the ministerial act ofentry and the judicial act ofrendition ofjudgment and makes
the operative event the act ofthe judge.[7]
Entry ofajudgment may be required within which the judgment may be enforced, asconsidered(
8] or for the creation ofajudgment lien. [9]
49 C.J.S. Judgments 144
A judgment isnot final, in the sense that it cannot be withdrawn or changed by the court,
until it hasbeen entered.[10] On entry, ajudgment passesbeyond control ofthe court, except
tovacate or modify it in accordance with the usual niles.(11
In order that ajudgment may be admitted asevidence in another action, it isnecessary that
it should first have been entered ofrecord.[12]
[FNI] Fla.Magnant v. Peacock, 156 Fla. 688, 24 So. 2d 314 (1945).
Ky.National Life & Acc. Ins. Co. v. Hedges, 233 Ky. 840, 27 S.W.2d 422 (1930).
Miss.Evar.sv, State, 144 Miss. 1, 108 So. 725 (1926).
N.J. Lyczakv. Margulies, 8 N.J. Misc. 549, 151 A. 64 (Sup. Ct. 1930), affd, 109
N.J.L. 352, 162 A. 590 (N.J. Ct. Err. & App. 1932).
Astonecessity for enTy ofjudgmentsby confession, see 218.
Astonecessity for writing, see 106.
[FN2] Ga.Deckv. Deck, 193 Ga. 739, 20 S.E.2d 1 (1942).
111,--CirroWrecking Co. v. Roppolo, 153 Ill. 2d 6, 178 111. Dec. 750, 605 N.E.2d 544
(1992).
Ind.Tancosv. A.W., Inc.. 502 N.E.2d 109 (Ind. Ct. App. 1986).
Mo.Marsden v. Nipp, 325 Mo. 822, 30 S,W.2d 77 (1930).
Ohio Hower Corp. v. Vance, 144 OhioSt. 443, 30 OhioOp. 38, 59 N.E.2d 377
7 Notice ofDenial ofService, Opposition City ofReno'sNotice ofDenial ofService: Request for Clarification Resardine Deadline
for Filing Motion For New Trial. Other Tolling Motions. etc
01 01 0
01010

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(1945).
Okla.Depuy v. Hoeme, 1989 OK 42, 775 P.2d 1339 (0k.a, 1989).
Tex.IvIayfield v. San JacintoSay. Assn, 788 S.W.2d 1I 9 (Tex. App. Houston 14th
Dist. 1990), writ denied, (July 3, 1990).
[FN3J Conn.D'Andreav. Rende, 123 Conn. 377, 195 A. 741 (1937).
Kan.Gatesv. Gates, 160 Kan. 428, 163 P.2d 395 (1945).
[FN4] U.S.In re Bunt, 165 B.R. 894 (Bankr. E.D. Ark. 1994)In re Cimarron Nursing
Center, 143 B.R. 578, 18 U.C.C. Rep. Serv. al 965 (Bankr. W.D. Okla. 1992).
Ark. Koelzer v. Bagley, 13 Ark. App. 48, 680 S.W.2d 111, 22 Ed. Law Rep. 574
(1984).
Cal.In re Marriage ofMicalizio, 199 Cal, App. 3d 662, 245 Cal. Rptr. 673 (4th Dist.
1988),
Fla.Cincinnati Equitable Ins. Co. v, Hawit, 933 So. 24 1233 (Fla. Dist. Ct. App. 3d
Dist. 2006).
Ga.Zeitman v. McBrayer, 201 Ga. App. 767, 412 S.E.2d 287 (1991).
III.--OGrady v. CookCounty SheriffsMerit Bd., 204 In App. 3d 258, 149111. Dec.
530, 561 N.E.2d 1226 (lstDist. 1990).
Kan.Matter ofMarriage ofWilson, 13 Kan. App. 24 291, 768 P.2d 835 (1989), judgment
affd, 245 Kan. 178, 777 P.2d 773 (1989).
OhioLamar v. Marbury, 69 OhioSt 2d 274, 23 OhioOp. 3d 269, 431 N.E.2d 1028
(1982).
Tex.Ranier v. Brown, 623 S.W.2d 682 ('lox. Civ. App. Houston 1st Dist. 1981).
[FN5] Ariz.Southwestern Freight Linesv, Shafer, 57 Ariz. 111, 111 P.2d 625 (1941)
Cal.Lind v. Baker, 48 Cal. App. 2d 234, 119 P.24 806 (4th Dist 1941).
N.M.State v. Capital City Bank, 31 N.M. 430, 246 P, 899 (1926).
Astodate ofjudgment, see :49.
[FN6] AlaskaWallace v. Turner, 2004 WL 1588225 (Alaska2004).
Fla.Magnant v. Peacock, 156 Fla. 688. 24 So. 2d 314 (1945).
Ga.Titelmen v. Stedman, 277 Ga, 460, 591 S.E.2d 774 (2003).
I11.---In Interest ofK.S., 250 Ill. App. 3d 862, 189I11. Dec. 530, 620 N.E.2d 498 (4th
Dist. 1993).
Ky.Battsv. IllinoisCent. R. Co., 217 S.W.3d 881 (Ky. Ct, App. 2007).
Md.TiercoMaryland, Inc. v. Williams, 381 Md. 378, 849 A.2d 504 (2004).
Miss.Sm ith v. Parkerson Lumber, Inc., 890 So. 2c1 832 (Miss, 2003).
N.C.Hilliard v. Hilliard, 146 N.C. App. 709, 554 S.E.2d 374 (2001).
Neb.Rosen AutoLeasing, Inc, v. Jordan, 15 Neb. App. 1, 720 N.W.2d 911 (2006).
N.M.Quintanay. Vigil, 46 N.M. 200, 125 P.24 711 (1942) (overruled by, EvansFinancial
Corp. v. Strasser, 99 N.M. 788, 664 P.2d 986 (1983)),
Ohio Hower Corp. v. Vance, 144 OhioSt 443, 30 OhioOp. 38, 59 N.E.2d 377
(1945).
Or.Patrickv. Ottoman, 158 Or. App. 175, 974 P.2d 217 (1999).
Pa.---Clinton v. Giles, 719 A.2d 314 (Pa. Super. Ct 1998).
Tenn Blackburn v. Blackburn, 270 S.W.3d 42 (Term. 2008).
Tex.In re Bill Heard Chevrolet, Ltd., 209 S.W.3d 311 (Tex. App. Houston 1st Dist.
2006).
W.Va. State ex rel. West VirginiaDept. OfHealth And Human Resources, Child
Support Enforcement Division v, Varney, 221 W. Va. 517, 655 S,E.2d 539 (2007).
Effect offailure
The rule governing proposed ordersor judgmentssubmitted for the court'ssignature,
and providing that afailure tosubmit ajudgment timely isdeemed abandonment,
speakstothe period within which aproposed order or judgment reflecting the disposition
ofamotion or matter must be drawn by aparty, and doesnot apply toservice of
the judgment with notice ofentry upon an opposing party.
N.Y.--Cox v. City OfNiagaraFalls, 289 A.D.2d 978, 734 N.Y.S.2d 802 (4th Dept
2001),
8 Notice ofDenial ofService; OOPOSitiOn City ofReno'sNo_tice ofDenial ofService: Reauestfor Clarification Recardine Deadline
for Filing Motion For New Trial. Other To141
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[FN7] Ala.Smith v. Jackson, 770 So. 2d 1068 (Ala. 2000),
1FN
8
J 1265, 1369, 1370.
[FN9] 775.
[FNIO] Cal.In re Marriage ofMicalizio, 199 Cal. App. 3d 662, 245 Cal. Rptr. 673
(4th Dist 1988).
IIIIn re Marriage ofDwan, 108 Ill. App. 3d 808, 64 Ill. Dec_ 340, 439 N.E.2d 1005
(1st Dist. 1982).
Nev.Rust v. ClarkCounty School Dist., 103 Nev. 686, 747 P.2d 1380, 44 Ed. Law
Rep. 736 (1987).
N.M.Quintanav. Vigil, 46 N.M. 200, 125 P.2c1711 (1942) (overruled by, EvansFinancial
Corp. v. Strasser, 99 N.M. 788, 664 P.2d 986 (1983)).
OhioAtkinson v. Grumman OhioCorp., 37 OhioSt. 3d 80, 523 N,E.2d 851 (1988).
Okla.Depuy v. Hoem e, 1989 OK 42, 775 P.2d 1339 (Okla, 1989).
[FN11]0kla.Depuy v. Hoeme, 1989 OK 42, 775 P2c11339 (Okla. 1989).
Tenn. Broadway Motor Co. v. Public Fire Ins. Co., 12 Tenn. App. 278, 1930 WL
1696 (1930).
[FN121 Ala.Mt Vernon-Woodberry Millsv. Union SpringsGuanoCo., 229 Ala. 91,
155 So. 716 (1934).
Neb.Luikart v. Brcdthauer, 132 Neb. 62, 271 N.W. 165 (1937).
Okla.Depuy v. Hoerr e, 1989 OK 42., 775 P.2d 1339 (Okla. 1989).
Westlaw. 0 2011 Thomson Reuters. NoClaim toOrig. U.S. Govt. Works.
CJS JUDG-IvIENTS 144
CorpusJurisSecundum
Database updated December 2011
Appeal and Error
Paul M. Coltoff, JD., John Glenn, ID., GlendaK. Harnacl, J.D. ofthe staffofthe National
Legal Research Group, Inc., John R Kennel, JD., ofthe staffofthe National Legal Research
Group, Inc., Michele Hughes, J.D., Anne Knickerbocker, J.D., JackK. Levin, JD., Thomas
Muslcus, J.D., Kimberly C. Simmons, J.D., Eric C. Surette, ID., BarbaraVan Arsdale, T.D.,
Elizabeth Williams, J.D.
VIII. Requisitesand Proceedingsfo:
-
Transfer ofCause
G. Entry or Docketing
Topic Summary ReferencesCorrelation Table
500. Generally
West'sKey Number Digest
West'sKey Number Digest, Appeal and Error 431
Under some statutescr rulesofcourt, the appeal or writ oferror must be properly entered,
recorded, or docketed in order toperfect the appellate proceedings.
Under some statutesor rules, entry, recording, or docketing in the appellate court isnecessary
toperfect the appeal.Lij
The requirement ofdocketing isnot jurisdictional[2] and where an appellant hasdone all
that isrequired ofhim or her toprocure an entry ofthe appeal, the clerk'sfailure toenter it
will not cause adismissal or otherwise affect the appellant'srights.[3]
An appellee may waive the required diligence in entering or docketing the appeal.[4]
Waiver ofan insufficient entry, or ofdelay in entering or docketing may be implied from subsequent
action on the appellee'spart inconsistent with an intention totake advantage ofthe insufficiency
or delay. [5] An estoppel toclaim an insufficient entry may be established by such
wordsor actson the part ofappellee aswill reasonably justify the appellant, through reliance
on the wordsor acts, in refraining from entering hisor her appeal, [6]
[FN1] Fla.Brooksv. Miami Bank& Trust Co., 115 Fla. 141, 155 So. 157 (1934).
La.Queen Ins. Co_ ofAmericav. Blomenstiel, 160 So. 169 (La. Ct. App. 1st Cir.
1935).
Mass.Marshall v. StratusPharmaceuticals, Inc., 51 Mass. App. Ct. 667, 749 N.E.2d
4 C.J.S. Appeal and Error 500
698 (2001).
9 Notice of Denial of Service: Opposition City of Reno's Notice of Denial of Service. Request for Clarification Rezardine Deadline
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Filing
Me.Perssen v. Department ofHuman Services, 2001 ME 124, 775 A.2d 363 (Me.
2001).
[FN2] Ala.H.C. Schmieding Produce Co., Inc. v. Cagle, 529 So. 2d 243, 7 U.C.C.
Rep. Serv. 2d 676 (Ala. 1988).
[FN3J Colo.People ex rel. Denver Engineers' Supply Co. v. District Court ofCity
and County ofDenver, 33 Colo. 416, 80 P. 1069 (1905).
N.C.Simmonsv. Allison, 119N.C. 556, 26 S.E. 171 (1896).
[FN4] Fla.Garrison v. Parsons, 41 Fla. 143, 25 So. 336 (1899).
[FNS) Minn.In re Brady'sEstate, 70 Minn, 437, 73 N.W. 145 (1897).
[FN6] Minn.In re Brady'sEstate, 70 Minn. 437, 73 N.W. 145 (1897).
OhioKing v. Penn, 43 OhioSt. 57, 1 N.E. 84 (1885).
Westlaw. C 2011 Thomson Reuters. NoClaim toOrig. U.S. Govt. Works.
C.TS APPEALERR 500
CorpusJurisSecundum
Database updated December 2011
Executions
GlendaK. Hamad, J.D., ofthe staffofthe National Legal Research Group, Inc., Alan J. Jacobs,
JD., Eric Mayer, Tom Muskus, J.D., Karl Oakes, J.D., Jeffrey J. Shampo, J.D.
I. In General
B. Judgment, Decree, or Order asBasisofWrit
Topic Summary ReferencesCorrelation Table
22. Rendition and entry ofdocketing
West'sKey Number Digest
West'sKey Number Digest, Execution 9
While in some jurisdictionsan official entry or docketing isacondition precedent tothe
right tothe writ, in otherssuch entry or docketing isnot essential toenable aparty toissue an
execution on ajudgment that hasbeen duly rendered.
While the entry or docketing ofajudgment isnecessary tocreate alien,[ 11 at common law
an execution isissuable on the signing ofafinal judgment and before itsentry ofrecord,
providing there isnowrit oferror pending or agreement tothe contn3ry,[2] and, in rn any jurisdictions,
such entry or docketing isnot essential toenable aparty toissue an execution thereon
ifthe judgment otherwise hasbeen duly rendered.[3] Moreover, the failure ofthe clerkto
enter ofrecord the judgment rendered within any particular time doesnot render invalid an
execution valid when issued.[4] Where statutessoprovide, entry ofthe verdict in the minutes
will sustain an execution issued before entry ofthe juclgrient,[5]
In son, ajurisdictions, on the other hand, by virtue ofstatutesor otherwise, an official
entry or docketing isacondition precedent tothe right tothe writ,[6] especially where the
judgment isby confession.17) Statutesrequiring entry ofjudgnent asacondition precedent do
not, however, include making up the judgment roll,t8J and the general rule isthat execution
may Issue before filing or making up the judgment roll,[9] but such arequirement isnot universal.[
10] Ifthe statute merely requiresan entry ofthe judgment, it hasbeen found that it
need not be docketed.[11]
Time ofentry and effect offailure toenter.
The time when the judgment must be entered, where necessary, isgenerally regulated by
statutory provisior.s, and filing within such time will permit issuance ofexecution.[12] An
entry nunsprotune issufficient tosupport and validate an execution, and the irregularity of
issuing execution before entry ofjudgment generally may be cured by subsequent entry ofthe
judgment,[13] In addition, for the purpose ofthe validity ofan execution, ajudgment entered
33 C.J.S. Executions 22
in term time will be presumed tohave been entered during the actual session ofthe court,[14]
and afailure tomake form al entry isan irregularity that may be waived by failing tomake a
motion tovacate until several monthsatter the execution hasbeen issued.[15] Generally, the
failure formally toenter or docket the judgment before issuing execution rendersthe execution
voidable only,[16] although where the entry isessential tothe existence ofavalid judgment,
10 lintce ofDenial ofService; Qnnosition City ofReno'sNotice ofDenial ofService: Reqpestfor Clarification Regardinii
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an execution issued prior theretoisvoid.[17]
Defective entry.
Where the amount ofthe judgment inadvertently isomitted from the judgment entry, a
correction nunc protune validatesan execution previously issued.[18]
Registered judgment.
Where ajudgment isregistered for the purpose ofcreating alien, the execution isnevertheless
issued on the original judgment.[19]
[FN1] C.J.S., Judgments 562,
[FN2] N.M.Gonzalez v. Gonzalez, 103 NV_ 157, 703 P.2d 934 (Ct. App. 1985).
[FN3]La.Montelepre, Inc. v, Pfister, 355 So. 2d 654 (La. Ct. App. 4th Cir. 1978).
Mo.Fielder v. Fielder, 671 S,W.2d 408 (Mo. Ct. App. E.D. 1984).
[FN4] I11. People ex rel. Holbrookv. Petit, 266 III, 628, 107 N.B. 830 (1915).
[FN5] N.J.Eppsv. Bowen, 118 N.J.L. 50, 191 A. 110 (N.J. Sup. Ct. 1937).
[FN6] U.S. Henry v. First Nat. BankofClarksdale, 59$ F.2d 291 (5th Cir. 1979).
IowaArbie Mineral Feed Co., Inc. v. Farm Bureau Mut. Ins. Co., 462 N.W.2d 677
(Iowa1990).
[FN7] 111. Knightsv. Martin, 155 Ill. 486, 40 N.E. 358 (1895).
[FNS] Mont.Burton v. Kipp, 30 Mont 275, 76 P. 563 (1904).
[FN9] Cal.Sharp v. Lumley, 34 Cal. 611, 1868 WL 736 (1868).
[FNIO] N.Y.Blashfield v. Smith, 27 Hun 114 (N.Y. Gen Term 1882).
[FN11] Wis.Hyman v. Landry, 135 Wis. 598, 116 N.W. 236 (1908),
[FN12] U.S, In re Bhattr, 126 B.R. 229 (Bankr. W,I). Va. 1991).
Ala.Jefferson County Say. Bankv. Miller, 145 Ala. 237, 40 So. 513 (1906).
[FN13] IowaDoughty v. Meek, 105 Iowa16, 74 N.W. 744 (1898).
[FN14] III.Hansen v. Schlesinger, 125 III. 230, 17 N.E. 718 (1888).
[FN15] N,Y.Bowman v. Tallman, 19 Abb. Pr. 84, 26 N.Y. Super. Ct. 633, 28 How,
Pr. 482, 1864 WL 3730 (1864).
[FN16] S.C.Mason & Risch Vocalion Co. v. Killough Music Co., 45 S.C. 11, 22
S.E. 755 (1895).
[FN171 IIIKnightsv. Martin, 155 Ill. 486, 40 N.B. 358 (1895).
[FN1R] IowaBrooksv. Owen, 200 Iowa1151, 202 N.W. 505 (1925), opinion modified
on other groundson denial ofreh'g, Brooksv. Owen., 206 N.W. 149 (Iowa1925).
Memorandum ofjudgment invalid
A memorandum ofjudgment filed by the assignee ofthe judgment creditor wasinvalid,
and could not be used asthe basisfor alevy sale ofthe judgment debtor'sproperty
on ajudgment lien, where the memorandum contained an inaccurate judgment amount
in that it failed toapply the $7,000 judgment the debtor paid on the judgment.
111. Northwest Diversified, Inc. v. De sai, 353 III. App. 3d 378, 288 Ill, Dec. 818, 818
N.E.2d 753 (1st Dist. 2004),
Interest on judgment
The clerk'sfailure tocompute interest owing on the judgment, and toenter it on the
copy ofajudgment he received from the court, wasamere clerical error that did not
impair the judgment or prevent the judgment creditor from executing thereon following
an amendment tocorrect the clerk'somission,
N.Y. AetnaCas, &Sur. Co. v. Whitestone General Hosp., 142 Misc. 2d 67, 536
N.Y.S.2d 373 (Sup 1988).
[FN19] Ala.Jefferson County Say, Bankv. Miller, 145 Ala. 237, 40 So. 513 (1906).
Westlaw. C 2011 Thomson Reuters. NoClaim toOrig. U.S. Govt. Works.
CJS EXECUTIONS 22
CorpusJurisSecundum
Database updated December 2011
Judgments
FrancisC. Amendola, J.D., Paul M. Coltoff, J.D., John Glenn, J.D., Janice Holben, John
R. Kennel, J.D., ofthe staffofthe National Legal Research Group, Inc , Eric Larsson, J.D.,
Stephen Lease, J.D., JackK. Levin, J.D., William Lindsley, J.D., LucasMartin, J.D., Eric
11 Notice ofDenial ofService: Opoosition City ofRendOetice ofDenial ofService' Request for Clarification Regarding
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Mayer, J.D., Torn Muskus, JD., Karl Oakes, J.D., Eric C. Surette, J.D., Alan Wasserstrom,
T.D., Alan Weinstein, J.D.
XIV. Collateral Attack
D. Grounds
3. Errorsand Irregularities
Topic Summary ReferencesCorrelation Table
737. Defectsin entry or contentsofjudgment
West'sKey Number Digest
West'sKey Number Digest, Judgment 504(3)
West'sKey Number Digest, Judgment 504(4)
West'sKey Number Digest, Judgment 505
Mere irregularitiesin the rendition or entry ofjudgments, including judgmentsby confession
or consent, are not groundsfor collateral attack.
A decree rendered in advance ofthe period at which the court may lawfully acquire jurisdiction
over the defendant issubject tocollateral attack[1] However, where noquestion of
jurisdiction israised, ajudgment or decree cannot be collaterally impeached because it was
prematurely rendered,[2] or not rendered within the time required by statute,[3
.
1 or because it
wasbased on defective findingsby the court, or given without any findingsat 811[4] or isinconsistent
with the findingsor conclusionsoflaw.[5] Moreover, ajudgment may not be attacked
collaterally because it appearsfrom the record or the opinion ofthe court that there
wasamistake, and that the judgment should have been different from that actually rendered,[6
] or because ofany irregularity in the entry, record, or docketing ofthe judgment,[7] or for
any informality or incompletenessin the judgment itself, provided itsdefectsor omissionsare
not such astorender it absolutely unintelligible and therefore void for uncertainty.[8]
The alleged noncompliance ofajudgment with asettlement agreement doesnot render it
subject tocollateral attack.[9]
Judgment beyond pleadingsand issues.
According tosome authority, where the court goesbeyond and outside the pleadingsand
issuesand assumestoadjudicate amatter not within the issuesmade up in the pleadings, and
50 C.J.S. Judgments 737
the judgment istothat extent void, the judgment may be attacked collaterally.[10]
Excessive recovery or relief.
Where ajudgment ismerely erroneousbecause it isexcessive,[11] either asbeing greater
than the amount dem andect,[12] greater than the factsor the evidence would justify,[13] or as
improperly including interest,[14] penalties,[15] costs,[16] or counsel fees,[17] or asallowing
excessive interest[18] or costs,[19] it may not be impeached in acollateral proceeding.
[FN1] D.C.Morse v. U.S., 29 App. D.C. 433, 1907 WI., 19758 (App. D.C. 1907).
[FN2] Colo.Netland v. Baughman, 114 Colo. 148, 162 P.2d 601 (1945).
OnBooth v. Heberlie, 137 Or. 354, 2 P.2d 1108 (1931).
Tenn Davisv. Mitchell, 27 Tenn. App. 182, 178 S.W.2d 889 (1943).
Astothe form, contents, rendition, entry, record, and docketing ofjudgment, see
104 to130, 136 to169.
Judgment erroneously or irregularly entered
A party toaproceeding will be bound by the judgment in the case when collaterally attacking
it, even though the judgment wasirregularly or erroneously entered.
Neb.State v. Head, 276 Neb. 354, 754 N.W.2d 612 (2008).
Voidable judgm ent
A "voidable judgment" isone entered erroneously by acourt having jurisdiction, and
isnot subject tocollateral attack
Ill. In re Marriage ofMitchell, 181 Ill. 2d 169, 229 Ill. Dec. 508, 692 N.E.2d 281
(1998).
[FN3] S.D.Harker v. Cowie, 42 S.D. 159, 173 N.W. 722 (1919).
[FN4] Ark.Brooksv. Baker, 208 Ark. 654, 187 S.W.2d 169 (1945).
N.Y.Shaul v. Fidelity & Deposit Co. ofMaryland, 131 Misc. 401, 227 N.Y.S. 163
(Sup 1928), affd, 224 A.D. 773, 230 N.Y.S. 910 (3d Dept 1928).
Or.--Glickrnan v. Solomon, 140 Or. 358, 12 P 2d 1017 (1932).
12 Notice of Denial of Service: Opt osition City of Reno's . litice of Denial of Service: Request for Clariacation_Reeardiag
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Collateral attackon finding
Where the court had jurisdiction in aforeclosure suit, itsfinding astothe land covered
by the mortgage could not be collaterally attacked.
Tex. Sederholm v. City ofPort Arthur, 3 S.W.2d 925 (Tex. Civ. App. Beaumont
1928), writ granted, (Oct. 17, 1928) and atl'd, 13 S.W.2d 687 (Tex. Comm'n App.
1929) and affd, 13 S.W.2d 685 (Tex. Comm'n App. 1929).
[FN5] Ark.Brooksv. Baker, 208 Ark. 654, 187 S.W.2d 169 (1945).
Cal.Wellborn v. Wellborn, 55 Cal. App. 2d 516, 131 P.2d 48 (1st Dist. 1942).
Tex. Permian Oil Co. v. Smith. 129 Tex. 413, 73 S.W.2d 490, 111 A.L R.1152
(1934).
[FN6] U.S.Iselin v. LaCoste, 147 F.2d 791 (C.C.A. 5th Cir. 1945).
Cal.McAllister v. Superior Court in and for AlamedaCounty, 28 Cal. App. 2d 160,
82 P.2d 462 (1st Dist. 1938).
Miss.McIntosh v. Munson Road Machinery Co., 167 Miss. 546, 145 So. 731 (1933).
[F1/7] Fla.State ex rel. McGuire v, Mayo, 128 Fla. 699, 175 So. 732 (1937).
Neb.State ex rel. Ritthaler v. Knox, 217 Neb, 766, 351 N.W,2d 77, 18 Ed. Law Rep.
434 (1984).
Tenn.Whitson v. Johnson, 22 Tenn. App. 427, 123 S.W.2d 1104 (1937).
UtahInterm ill v. Nash, 94 Utah 271, 75 P.2d 157 (1938).
Order entered out ofsession
That an order taxing the plaintiffwith the defendant'scostswassigned and entered out
ofsession did not make the order void, soastoallow the plaintifftocollaterally attack
it, where the trial judge adequately made and announced adecision totax the plaintiff
in the district during the session in which motion wasmade, and determined and announced
at ahearing the nature ofthe penalty tobe assessed against the plaintiff.
N.C.Danielsv. Montgomery Mut. Ins. Co., 320 N.C. 669, 360 S.E.2d 772 (1987).
[FN8] U.S. Prichard v, Nelson, 137 F.2d 312 (C.C.A, 4th Cir. 1943).
Fla.State ex rel. Warren v. City ofMiami, 153 Fla. 644, 15 So. 2d 449 (1943).
Tex.Bridgman v. Moore, 143 Tex. 250, 183 S.W.2d 705 (1944).
Vicesfor which judgment can be annulled
Vicesastothe form ofajudgment for which the judgment can be annulled are
"absolute nullities" and can be asserted at any time, in acollateral proceeding, and before
any court
La. Champagne and RodgersRealty Co., Inc. v. Henning, 947 So. 2d 39 (La. Ct.
App. 5th Cir. 2006), writ denied, 949 So. 2d 440 (La. 2007).
[FN9] Tex. Greiner v. Jameson, 865 S.W.2d 493 (Tex, App. Dallas1993), writ
denied, (Mar. 23, 1994).
[FN10].Mo.Weatherford v. Spiritual Christian Union Church, 163 S.W.2d 916 (Mo.
1942).
N.Y.Colesv. Carroll, 273 N.Y. 86, 6 Ic.E.2d 107 (1937).
OhioBinsv. Isabel, 39 OhioL. Abs. 225, 12 OhioSupp. 113 (C.P. 1942), aff'd, 72
OhioApp. 222, 27 OhioOp. 87, 39 OhioL. Abs. 237, 51 N.E.2d 501 (2d Dist. Franklin
County 1943).
[FNI11] Or.Linn County v. Rozelle, 177 Or. 245, 162 P.2d 150 (1945),
[FN12] Cal. Wallace v. Wallace, 111 Cal. App. 500, 295 P. 1061 (4th Dist. 1931).
Ga.Hardin v. Dodd, 176 Ga. 119, 167 S.E. 277 (1932).
OnLinn County v. Rozelle, 177 Or, 245, 162 P.2d 150 (1945).
[FN13]I11. People ex rel. Anderson v. Village ofBradley. 367 Ill. 301, 11 N.E.2d
415 (1937).
Mich.Morrisv. Barker, 253 Mich. 334, 235 NAV. 174 (1931).
OnLinn County v. Rozelle, 177 Or. 245, 162 P.2d 150 (1945).
[FN14] U.S.Huddleston v. Dwyer, 145 F.2d 311 (C.C.A. 10th Cir
.
, 1944).
Cal. WellsFargo& Co. v. City and County ofSan Francisco, 25 Cal. 2d 37, 152
P.2d 625 (1944).
[FN15] U.S.Huddleston v. Dwyer, 145 F.2d 311 (C.C.A. 10th Cir. 1944).
[FN16] Cal.WellsFargo&Co. v. City and County ofSan Francisco, 25 Cal. 2d 37,
13 Notice ofDenial ofService
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152 P.2d 625 (1944).
OnLinn County v. Rozelle, 177 Or. 245, 162 P.2d 150 (1945).
[F1\1]7] UtahMary Jane StevensCo. v. Foley, 67 Utah 578, 248 P. 815 (1926).
[FN18] Kan.Dickson v. Patterson, 106 Kan. 794, 189 P. 912 (1920).
[FN19] Or.National Surety Corp. v. Smith, 168 Or. 265, 123 P.2d 203 (1942).
Westlaw. 0 2011 Thomson Reuters. NoClaim toOrig. U.S. Govt. Works.
CIS JUDGMENTS 737
CorpusJurisSecundurn
Database updated December 2011
Judgments
FrancisC. Am endola, J.D., Paul M. Coltoff, JD., John Glenn, J.D., Janice Holben, J.D., John
R. Kennel, J.D., ofthe staffofthe National Legal Research Group, Inc., Eric Larsson, JD.,
Stephen Lease, ID., JackK. Levin, J.D., William Lindsley, 1.D., LucasMartin, ID., Eric
Mayer, JD., Tom Muskus, J.D., Karl Oakes, JD., Eric C. Surette, J.D., Alan Wasserstrom,
J.D., Alan Weinstein, J.D.
VII. Rendition, Entry, Record, and Docketing
A. Rendition
Topic Summary ReferencesCorrelation Table
136. Generally
West'sKey Number Digest
West'sKey Number Digest, Judgment 191
West'sKey Number Digest., Judgment 192
The rendition ofajudgment isthe judicial act ofthe court in pronouncing the sentence of
the law on the factsin controversy asascertained by the pleadingsand verdict or findings, as
distinguished from the ministerial act ofentering the judgment.
The rendition ofajudgment isthe judicial act ofthe court[1] in pronouncing the sentence
ofthe law on the factsin controversy asascertained by the pleadingsand verdict or findings,[
2] asdistinguished from the official entry ofthe judgment.t3f
"Rendition" ofjudgment isthe act by which the court declaresthe decision ofthe law
upon the mattersat issue[4] and it isthe substance and effect ofan adjudication that isdeterminative
ofwhether it isajudgment, not the form ofthe deeree,[5]
On itsrendition, and without entry, ajudgment isfinal, valid, and enforceable asbetween
the parties[6] in the absence ofastatute tothe contrary. [7]
Under some authority, the court'spractice doesnot favor the term ination ofproceedings
without adetermination ofthe meritsofthe controversy where that can be brought about with
due regard tonecessary rulesofprocedure.[8]
Accordingly, the law doesnot favor the termination ofproceedingswithout adetermination
ofthe meritsofthe controversy when that can be brought about with due regard tonecessary
rulesofprocedure. and for that reason, the trial court should make every effort toadjudicate
the substantive controversy before it and, when practicable, should decide aprocedural
49 C.J.S. Judgments 136
issue soasnot topreclude hearing the meritsofan appeal.[9]
[FN1] Ala.Smith v. Jackson, 770 So. 2d 1068 (Ala. 2000).
Cal.People v. Frontier Pacific Ins. Co., 83 Cal. App. 4th 1289, 100 Cal. Rptr. 2d. 433
(3d Dist. 2000).
Md.Davisv. Davis, 335 Md. 699, 646 A.2d 365 (1994).
Mo.Cozart v. MazdaDistributors(Gulf), Inc., 861 S.W.2d 347 (Mo. Ct. App. S.D.
1993).
Neb.National Account SystemsofOmaha, Inc. v. McIntyre, 2 Neb. App. 884, 518
N.W.2d 158 (1994).
Okla. PeoplesElec. Co-op. v. Broughton, 1942 OK 233, 191 Okla. 229, 127 P.2d
850 (1942).
[FN2] Md.Davisv. Davis, 335 Md. 699, 646 A.2d 365 (1994).
Neb.National Account SystemsofOmaha, Inc. v. McIntyre, 2 Neb. App. 884, 518
N.W.2d 158 (1994).
14 Notice ofDer.ial ofService. Opposition Cita
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Okla. Presbyterian Hosp., Inc. v, Board ofTax-Roll CorrectionsofOklahoma
County, 1984 OK 93, 693 P.2d 611 (Okla. 1984).
Tenn.Christopher v. Spooner, 640 S.W,2d 833 (Tenn. Ct. App. 1982).
Tex.Arriagav. Cavazos, 880 S.W.2d 830 (Tex. App. San Antonio1994).
W.Va.Echard v. City ofParkersburg, 187 W. Va. 350, 419 S.E.2d 14 (1992).
Decision or findingsby court, generally, see C.J.S,, Trial 602 to606, 609 to612.
Verdict or findingsby jury, generally, see C.J.S., Trial 485.
[FN3) Ariz. American Sur. Co. ofN.Y. v. Mosher, 48 Ariz. 552, 64 P.2d 1025
(1936).
Mo.----In re Marriage ofHuey, 716 S.W.2d 479 (Mo, Ct. App. S.D. 1986).
Tenn.Christopher v. Spooner, 640 S.W.2d 833 (Tenn. Ct. App. 1982).
Tex.Bakali v. Bakali, 830 S.W.2d 251 (Tex. App. Dallas1992).
W.Va.Echard v. City ofParkersburg, 187 W. Va. 350, 419 S.E.2d 14 (1992).
Astoentry, generally, see 143.
[FN4] Tex.Stallworth v. Stallworth, 201 S.W.3d 338 (Tex. App. Dallas2006).
Va.Jefferson v. Corn., 269 Va. 136, 607 S.E.2d 107 (2005).
[FN5] Cal. Otay River Constructorsv. San DiegoExpressway, 158 Cal. App. 4th
796, 70 Cal, Rptr. 3d 434 (4th Dist. 2008).
[FN6] Pree v. Hart, 242 Ala. 690, 8 So. 2d 183 (1942).
Cal.BankOne Texasv. Pollack, 24 Cal. App. 4th 973, 29 Cal. Rptr. 2d 510 (2d Dist.
1994).
Ill.Wickiser v. Powers, 324 Ill. App. 130, 57 N.E.2d 522 (3d Dist. 1944).
Neb.Pontiac Imp. Co. v. Leisy, 144 Neb. 705, 14 N.W.2d 384 (1944).
Astoexecution before entry see C.J.S., Executions 13.
Astonecessity ofentry, see 144.
[FN7] Ark.McConnell v. Bourland, 175 Ark. 253, 299 S.W. 44 (1927).
Del.Hazzard v. Alexander, 36 Del. 512, 178 A. 873 (Super. Ct. 1935).
Or.Haberly v. Farm ers' Mut. Fire ReliefAss'n, 135 Or. 32, 287 P. 222 (1930).
I
.
FN81 Conn.Roccov. Garrison, 268 Conn_ 541, 848 A.2d 352 (2004);
Pietraroiav. Northeast Utilities, 254 Conn. 60, 756 A,2d 845 (2000).
[FN9] Conn. Fedusv. Planning and Zoning Conlin, 278 Conn. 751. 900 A.2d 1
(2006); OlympiaMortg. Corp. v. Klein, 61 Conn. App. 305, 763 A.2d 1055 (2001).
Westlaw. 0 2011 Thomson Reuters. NoClaim toOrig. U.S. Govt. Works.
CIS JUDGMENTS 136
POINTS AND AUTHORITIES
The videoPam Robertsprovided in her Discovery clearly showsWal-MartsFrontinoperhaps
making, but definitely handing acd toRSIC OfficersBraunworth and Crawford at the conclusion of
the arrest in question. However, I believe all three men testified that noother videoexisted relevant
tothe accusation or arrest other than the interrogation room video, which wasstill filming the
exchange of the cd between Frontinoand the RSIC Officers. Further, RSIC Officer Crawford can
clearly be seen in the interrogation room videosreceiving adriverslicense from Coughlin and calling
it in on hisradio, despite Crawford, testifying, under oath, at trial, that Coughlin wasarrested, in larg
part, because he did not produce aphysical driver'slicense and the information which would be
15 Notice ofDenial ofService: Ocoosition City ofRegqsNotice ofDenial ofService: Request for Clarification Rcrarclina
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contained thereon and necessary towrite acitation. Crawford testified that thislackof producing a
driverslicense (and the dispatch recordscan clearly show the running of Coughlin'sdriverslicense
number, which Coughlin hereby declaresunder penalty of perjury he hasnever committed tomemo
in hisentire life). Further, in direct contradiction tothe sworn testimony of both Frontinoand
Crawford, the UPC for the cough dropsdoesappear on both the allegedly stolen items$14.00 receipt
and the $80.00 receipt of itemspurchased immedately prior tothe arrest. Both Frontinoand
Crawford swore that the UPC did not appear on both.
ANALYSIS
Winston Productsv. DeBoer, 122 Nev. Adv.Op. 48, 134 P. 3rd 726 (2006);"In resolving thismotion,
we revisit the method used tocompute the time for filing motionsfor judgment asamatter of law an
for anew trial and the tolling period tofile anotice of appeal when these motionsare served by mail
or electronic means. The NevadaRulesof Civil Procedure (NRCP) require these so-called tolling
motionstobe filed within 10 daysfrom the date ajudgment isfiled and served. However, the 2004
amendmentstothe NRCP changed the computation of time where the prescribed period islessthan
11 daystoexclude Saturdays, Sundaysand nonjudicial days. Where, ashere, the time tofile a
tolling motion is10 days, we conclude that the "period of time prescribed" in NRCP 6(a) doesnot
include the 3-day allowance for service by mail under NRCP 6(e). Therefore, the filing period for a
tolling motion iscomputed first under NRCP 6(a), and then 3 additional daysare added under NRCP
6(e) when service was made by mail or electronic means. Using thiscomputation method, we
conclude that appellant'stolling motionswere timely filed in the district court. Accordingly, we
deny respondent'smotion todismissthisappeal. Further, although thisissue wasnot addressed by
the parties, we conclude that the tolling motionsalsotolled the time toappeal from the post judgment
order awarding attorney feesand costs.
16 Netice ofDenial ofService; Onnosition City ofRawl Notice ofDenial ofService: Request for Clarification Recording
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FACTS
The final judgment after ajury verdict in favor of respondent wasfiled on April 18, 2005.
Respondent served appellant with notice of entry of the district court'sfinal judgment viafacsimile
and mail on April 21, 2005. Fifteen dayslater, on May 6, 2005, appellant moved the district court
for judgment asamatter of law under NRCP 50(b) or for anew trial pursuant toNRCP 59.
Respondent opposed appellant'smotionsin the district court, arguing, in part, that they were not
timely filed.
Before resolving the motions, on June 9, 2005, the district court entered apost-judgment order
awarding attorney feesand costsin favor of respondent. Notice of entry of the order wasserved on
appellant on June 10, 2005. On June 27, 2005, the district court entered itsorder denying
appellant'smotion for judgment asamatter of law or for anew trial. The district court determined
that appellant'smotionshad been timely filed but concluded that appellant wasnot entitled toany
relief. On July 29, 2005, within 30 daysafter service of notice of entry of the June 27 order
resolving the motions, appellant filed anotice of appeal from that order, the final judgment, and the
post-judgment order awarding attorney feesand costs.
Respondent hasfiled amotion todismissthe appeal, alleging that appellant'smotionsfor judgment as
amatter of law and for anew trial were not timely and therefore did not toll the time toappeal.
Appellant opposesthe motion.
DISCUSSION
Thiscourt lacksjurisdiction toconsider an appeal that isfiled beyond the time allowed under
NRAP 4(a).
1
A timely filed motion for judgment asamatter of law under NRCP 50(b) or for anew
trial under NRCP 59 tollsthe time for filing an appeal until nolater than 30 daysafter aparty serves
17 Notice of Denial of Service; Ooposition City of Reno's Notice of Denial of Service: Request for Clarification Recording
Deadline for Filing Motion For New Trial_ Other Tolling Motions_ etc
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written notice that the order resolving such motionshasbeen entered.
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A tolling motion under
NRCP 50(b) or NRCP 59 istimely if it isfiled within 10 daysafter aparty serveswritten notice that
judgment hasbeen entered.
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Three additional daysare added tothisfiling deadline when service
wasmade by mail or electronic means,
4

In the motion todismiss, respondent arguesthat our prior case law requiresthat the 3-day allowance
for mailing be added directly tothe 10-day period tofile tolling motionsbefore computing the filing
deadline under NRCP 6(a). Employing thisrationale subjectsthese tolling motionstoaI3-day time
period. Under NRCP 6(a), intermediate Saturdays, Sundaysand nonjudicial dayswould be include
in the computation of the 13-day period. Applying thisapproach tothiscase resultsin the thirteenth
day from service of notice of entry falling on May 4, 2005. In thisscenario, because appellant's
motionswere not filed until May 6, 2005, they would be untimely and would not effectively toll the
time toappeal.
Appellant encouragesustoadopt the opposite approach tothat suggested by respondent. Instead of
first adding the 3 daysfor service by mail toreach a13-day time period, appellant contendsthat
sound judicial policy favorsadding the 3-day allowance only after computing the 10-day filing perio
and excluding intermediate nonjudicial daysunder NRCP 6(a). Appellant arguesthat thismethod o
computing the time period isconsistent with federal court interpretation of the analogousfederal rule,
FRCP 6, and furthersthe intent of NRCP 6(e) by allowing for more time when service ismade by
mail. Using thismethod in thiscase, appellant arguesthat itsmotionsfor judgment asamatter of
law and for anew trial were timely filed and effectively tolled the time toappeal.
Rule 6 of the NevadaRulesof Civil Procedure governstime:
18 Notice ofDenial ofService; OPPosition Cit' ofggap'sNotice ofDenial ofService: Request forSlarificationRearardine
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(a) Computation. In computing any period of time prescribed or allowed by these rules, by the local
rulesof any district court, by order of court, or by any applicable statute, the day of the act, event, or
default from which the designated period of time beginstorun shall not be included. The last day
of the period socomputed shall be included, unlessit isaSaturday, aSunday, or anonjudicial day, in
which event the period runsuntil the end of the next day which isnot aSaturday, aSunday, or a
nonjudicial day, or, when the act tobe done isthe filing of apaper in court, aday on which weather
or other conditionshave made the office of the clerkof the district court inaccessible, in which event
the period runsuntil the end of the next day which isnot one of the aforementioned days. When the
period of time prescribed or allowed islessthan 11 days, intermediate Saturdays, Sundays, and
nonjudicial daysshall be excluded in the computation except for those proceedingsfiled under Titles
12 or 13 of the NevadaRevised Statutes,
(e) Additional Time After Service by Mail or Electronic means. Whenever aparty hasthe right or
isrequired todosome act or take some proceedingswithin aprescribed period after the service of a
notice or other paper, other than process, upon the party and the notice or paper isserved upon the
party by mail or by electronic means, 3 daysshall be added tothe prescribed period.
(Emphases added.) Thiscourt haspreviously considered in twocasesthe issue of computing time
periodsunder NRCP 6 when service wasmade by mail. In Rossv. Giacomo, thiscourt concluded
that in calculating the time tofile atolling motion, the 3-day allowance for service by mail isadded
directly tothe 10-day period-resulting in a13-day filing period More recently, in Custom Cabinet
Factory of New Yorkv. District Court, a2003 case involving the 30-day time period tofile arequest
for trial de novoafter arbitration, we affirmed the computation method employed in Rossand held
that the 3-day allowance for service by mail "should be added tothe time allotted by statute or rule
19 Notice of Denial of Service. Ocoosili on City of Reno's Notice of Denial of Service: Request for Clarifteathon Reeardinz
Deadline for Filing Motion For New Trial. Other Tolling Motions. erQ
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first" and then the time period should be computed under NRCP 6(a).
6
We reasoned that the
alternative method of computing time under Rule 6(a) of adding the 3 daysfor service by mail after
computing the filing deadline "would potentially result in an additional five toseven daystofile
motions" which was"complicated and absurd."
2
Instead, we believed at the time that using the
method of first adding the 3 daysfor service by mail tothe time allotted by statute or rule and then
computing the time period, wasasimpler and speedier computation scheme.a
However, in 2004, after our decisionsin Rossand Custom Cabinet, we amended NRCP 6 tobe
consistent with the 1985 amendmentstothe federal rule.
2
That amendment made the exclusion of
intermediate Saturdays, Sundays, and nonjudicial daysapplicable in computing time periodsof less
than 11 days.
12
Before the 2004 amendment, MRCP 6(a) only excluded intermediate nonjudicial
daysin computing periodsof lessthan 7 days. Several federal courtshave considered the intent
behind FRCP 6(e)Is3-day mailing allowance in interpreting the 1985 amendment tothe computation
provision of FRCP 6(a).
11
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focused on the "period of time prescribed" and determined that it doesnot include the 3 additional
daysfor mailing under Rule 6(c). Those federal courtshave therefore found that the less-than-11-
day provision of Rule 6(a) isapplicable to10-day periodseven when service ismade by mail.
In the first seminal case after the 1985 amendment toFRCP 6, afederal district court in Nalty v.
Nalty Tree Farm recognized that the amendment "wasintended toextend the response time allowed
under variousrulesprescribing ten day limits."
l2
The Nalty court observed, however, that adding
additional time for mailing under Rule 6(e) tocreate a13-day time period ultimately resulted in the
same amount of time that wasallowed before the 1985 amendment because at that time, nonjudicial
dayswere not excluded from the computation of 10-day periods.
1
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2
The court determined that
20 Notice ofDenial ofService: Opposition_Citv ofRendsNotice ofDenial ofService: Request for Clanfieetion_Reiraridine
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"[s]uch aresult cannot be consistent with the obviousintentionsof the advisory committee" and
declared that "[t]he mailing rule should provide three extradays, in addition towhatever period the
party would otherwise have, toreflect the presumed lapse in notice because of service by mail." I-
4

The Natty court thusheld that the 3-day allowance for mailing should be added only after computing
the time period under Rule 6(a).
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Likewise, in Lerrov. Quaker OatsCo.,
16
the Seventh Circuit Court of Appealsaddressed thissame
issue in the context of an objection toamagistrate judge'sreport and concluded that "the period of
time" in Rule 6(a) wasnot the sum of all allowable periods. The court noted that Rule 6(e) is
"designed togive alitigant approximately the same effective time torespond whether papersare
served by hand or by mail."
l
And the court reasoned that "[t]he only way tocarry out Rule 6(e)'s
function of adding time tocompensate for delaysin mail delivery istoemploy Rule 6(a) first." a
In Tushner v. United StatesDistrict Court for Central District of California, the Ninth Circuit Court
of Appealsconcluded that the 10-day period prescribed for filing ajury demand did not become a13-
day period for purposesof Rule 6(a) asaresult of the service-by-mail provision of Rule 6(e).
12
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court stated that Rule 6(e) should not be "construed torender prescribed periodsof lessthan eleven
days ineligible for beneficial treatment under Rule 6(a)" and concluded that it "would be anomalous
tointerpret the rulessothat alitigant served by mail would have lesstime for action than alitigant
served personally."
2-Q
Instead, the court held that "[t]he period iscalculated first by applying the
less-than-eleven-day provision of Rule 6(a), thereby excluding any intervening weekendsand legal
holidays. After thiscomputation, three additional daysare added for mail service under Rule 6(e)."
21
21 1N:otice ofPcnial of Service: Opposition City ofReno'sJ ktice of venial of Service: RcQuest for Clarification Regardine
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Aswe noted in Custom Cabinet, federal decisionsare not binding on thiscourt.
22
However, "fwle
have previously recognized that federal decisionsinvolving the Federal Rulesof Civil Procedure
provide persuasive authority when thiscourt examinesitsrules,"
21
On the particular issue of
computing time under NRCP 6, the federal decisionsdiscussed above in regard tothe federal rule are
logically compelling.
Our decisionsin Custom Cabinet and Rossreflect the courtsdesire tomaintain asimple, efficient
and uniform system for computing time periodsunder NRCP 6.
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However, neither of those cases
considered the impact that their computation scheme would have on filing periodssubject tothe
provision in NRCP 6(a) for the exclusion of intermediate nonjudicial days. In light of our recent
amendment toNRCP 6(a), which made the nonjudicial-day exclusion applicable tolonger time
periods, we can nolonger reconcile the utility of Rossand Custom Cabinet with the stifling effect
that they have on the intent behind Rule 6(e). Rule 6(e) isintended toprovide litigantswith
additional time when service ismade by mail. The computation method we employed in Custom
Cabinet and Rossworkscontrary tothat intent, Using the method employed in those casesafter the
amendment toRule 6(a), when a10-day time period isinvolved, the party personally served would
alwayshave more time toact than aparty served by mail.
For example, NRCP 5909 providesthat "[a] motion for anew trial shall be filed nolater than 10 days
after service of written notice of the entry of the judgment." If aparty ispersonally served with
notice of entry, that party has14 calendar daystofile amotion because under NRCP 6(a), the
intermediate nonjudicial dayswould be excluded from the computation. But under the Rossand
Custom Cabinet computation scheme, if that party had been served by mail, that party would only
have 13 calendar daystofile the same motion because the intermediate nonjudicial dayswould be
included in the computation. And after taking intoaccount the actual time for delivery of mail, a
22 Notice of Denial of Service Onnositi on City of RenotNotice of Denial of Service: Request for Clarification Reeardine
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To:.84599357-307e-4bdb-93ac-65c32ba From: zachO lighlia 12-19-11 5:24pe p, 23 of 92
party served by mail would certainly have even lessthan 13 calendar daystoact. Thisresult defeats
the purpose of Rule 6(e) and essentially makesthe amendment toRule 6(a) anullity by converting
10-day time periodsintoI3-day periodsthat donot gamer the benefit of the amendment. Asthe
Seventh Circuit observed in Lerro, "[i]nteractionswithin acomplex set of rulessometimescan have
unexpected and unwelcome effects, but we should not create them when the text readily can bear
another meaning."
2
= We should not dosohere in interpreting NRCP 6.
We therefore reverse our decisionsin Custom Cabinet and Rosstothe extent that they require that
filing periodsbe computed by adding the 3 daysfor service by mail under NRCP 6(e) tothe
prescribed period before applying NRCP 6(a). Consistent with the compelling federal cases
discussed above, we hold that the 10-day time period for filing motionsfor judgment asamatter of
law and for anew trial should be calculated first under NRCP 6(a), excluding intermediate Saturdays,
Sundaysand nonjudicial days. If service wasmade by mail or electronic means, 3 daysshould
thereafter be added pursuant toNRCP 6(e).
In thiscase, notice of the judgment'sentry wasserved by mail on Thursday, April 21, 2005.
Computing the 10-day time period from thisdate and excluding intermediate nonjudicial daysunder
NRCP 6(a), extended the deadline for tolling motionstoThursday, May 5, 2005. Adding 3 daysat
that point for service by mail made Monday, May 9, 2005, the final deadline tofile motionsfor
judgment asamatter of law or for anew trial. Appellant'smotionswere filed before that date, and
therefore they were timely filed and effectively tolled the time toappeal. Thereafter, appellant
timely filed anotice of appeal within 30 daysafter service of written notice of entry of the order
resolving the tolling motions.
26

23 Notice of Denial of Service: O000sition City of Recno's dice of Denial of Service: Reouest for Clarification Reoarcline
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To; 94599357-307e-00-93ac-5502ba From: zachcoughlin 12-19-11 5:24po p. 24 of 92
Finally, although the motion todismissand opposition did not addresswhether appellantstolling
motionstolled the time toappeal from the post judgment order awarding attorney fees, because of the
ambiguousnature of thisareaof law and the potential pitfall that it may present topractitioners, we
elect toaddressit suasponte.
2
Z The precise issue iswhether atolling motion directed at the final
judgment alsotollsthe time toappeal from aspecial order after final judgment. Thisisan issue of
first impression in Nevada
An order awarding attorney feesand costsissubstantively appealable asaspecial order after final
judgment.
2
Special ordersafter final judgment are appealable because they affect the rightsof a
party growing out of the final judgment.
22
Like an appeal from afinal judgment, an appeal from an
order awarding attorney fees and costsmust be filed nomore than 30 daysfrom the date that notice
of the order'sentry isserved.
2
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Here, notice of entry of the order awarding attorney feesand costswasserved on appellant on June
10, 2005. However, appellant did not file itsnotice of appeal until July 29, 2005-well beyond the
30-day time limit allowed under NRAP 4(a)(1). Accordingly, thiscourt only hasjurisdiction to
consider issuesrelating tothe attorney feesand costsorder if the time toappeal from that order was
tolled by appellantsmotionsfor judgment asamatter of law and for anew trial.
NRAP 4(a)(4) providesthat when atolling motion isfiled, "the time tofile anotice of appeal runsfor
all partiesfrom entry of an order disposing of the last such remaining motion." Thiscourt's
decisionshave evaluated tolling motionsin the context of appealsfrom final judgments.
3
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1
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because NRAP 4(a)(4) doesnot specify from which ordersthe time toappeal may be tolled, its
applicability topost-judgment ordersawarding attorney feesand costsisunclear.
24 Notice of Denial of Service; Opposition City of Repo's_Notice of Denial of Service: Request for Clarific4on Regarding
Deadline for Filing Motion For New Trial. Other Tolling Motions. etc
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To 34599357-307e-4bdb-93ac-5502ba From zachconghl1n 12-19-11 5:24pm p. 25 of 92
In thiscase, the order awarding attorney feestorespondent waspredicated on the final judgment in
respondent'sfavor. There isthusaclose connection between the final judgment and the special
order after final judgment in that achange tothe final judgment would likely result in achange tothe
special order after final judgment, By definition, any special order after final judgment must be
closely related tothe judgment. Thisclose connection leadsustoconclude that the tolling motions
enumerated in NRAP 4(a)(4) apply toboth typesof orders. Any other interpretation of NRAP 4(a)
(4) would result in the appeal of apost judgment order proceeding in thiscourt while the underlying
judgment wasstill subject tochange during the pendency of tolling motionsin the district court.
Such an effect would not only impede judicial economy and result in piecemeal litigation but it
would alsolikely be counterintuitive tomany legal practitionersand create significant confusion over
the time for filing appealsfrom special ordersafter final judgment. Aswe have previously
explained, "Nile filing of asimple notice of appeal wasintended totake the place of more
complicated procedurestoobtain review, and the notice should not be used asatechnical trap for the
unwary draftsman."
2
aOur interpretation of NRAP 4(a)(4) tolling motionsshould reflect our intent
topreserve asimple and efficient procedure for filing anotice of appeal.
We therefore hold that atimely filed tolling motion under NRAP 4(a)(4) tollsthe time toappeal
from both final judgment and special ordersentered after final judgment. Accordingly, thiscourt
hasjurisdiction toconsider the meritsof any issuesraised in thisappeal relating tothe award of
attorney feesand costsin the district court'sJune 9, 2005, order.
CONCLUSION
We reverse our decisionsin Custom Cabinet and Rosstothe extent that they require that filing
periodsbe computed by adding 3 daysfor service by mail under NRCP 6(e) tothe prescribed time
25 Notice of Denial of Service; Opposition City of Rends Notice_ of Denial of Service: Request for Clarification Regarding
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period before applying NRCP 6(a). Further, we hold that the "period of time prescribed" does not
include the 3-day allowance for service by mail under NRCP 6(e) and that time periods should be
calculated first under NRCP 6(a) before adding time under NRCP 6(e). Using this method of
computation, we conclude that appellant's motions for judgment as a matter of law and for new trial
were timely filed and thus effectively tolled the time to appeal. As a result, appellant's notice of
appeal was timely filed. Accordingly, we deny respondent's motion to dismiss.
We further hold that timely motions listed under NRAP 4(a)(4) toll both the time to appeal from the
final judgment and the time to appeal from a special order entered after final judgment.
Accordingly, this court also has jurisdiction to consider the merits of appellant's appeal from the
district court's order awarding attorney fees and costs in favor of respondent.
FOOTNOTES
L See NRAP 3(a); Alvis v. State, Claming Control Bd., 99 Nev. 184, 660 P.2d 980 (1983).
NRAP 4(a)(4).
2. NRCP 50(b); NRCP 59(b).
4. NRCP 6(e).
1. 97 Nev. 550, 553 nn. 1 & 2, 635 P.2d 298, 300 nn. 1 & 2 (1981).
6. 119 Nev. 51, 54-.55, 62 P.3d 741, 743 (2003).
7. Id. at 54, 62 P.3d at 742-43.
a. Id.
2. See NRCP 6 drafter's note (2004).
10. Id.
26 Notict ofDenial ofService
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See, e.g., Nalty v. Nalty Tree Farm, 654 F.Supp. 1315 (S.D.Ala.1987); Tushner v. U.S. Dist.
Court for Cent. Dist. of Cal., 829 F.2d 853 (9th Cir.1987); Lerro v. Quaker Oats Co., 84 F.3d 239
(7th Cir.1996).
12. 654 F.Supp. at 1317.
a Id.
14. Id.
j.. Id. at 1317-18.
16. 84 F.3d 239, 242.
17. Id.
1.a. Id.
12. 829 F.2d at 855-56.
20. Id. (citing Natty, 654 F.Supp. at 1317).
2.1.. Id. at 855-56.
22. 119 Nev. at 54, 62 P.3d at 742-43.
22. Nelson v. Heer, 121 Nev. 832, 122 P.3d 1252, 1253 (2005).
al. Custom Cabinet, 119 Nev. at 55, 62 P.3d at 743.
23
2.
84 F.3d at 242.
NRAP 4(aX4).
22. See Albios v. Horizon Communities, Inc 122 Nov. 409, 132 P.3d 1022 (2006); McNair v.
Rivera, 110 Nev. 463, 468 n. 6, 874 P.2d 1240, 1244 n. 6 (1994); Bradley v. Romeo, 102 Nev. 103,
105, 716 P.2d 227, 228 (1986); Western Indus., Inc. v. General Ins. Co., 91 Nev. 222, 229-30, 533
P.2d 473, 478 (1975).
21. Smith v. Crown Financial Services, 111 Nov. 277, 289 n. 2, 890 P.2d 769, 771 n. 2 (1995).
27 Egice of Denial of Service: Opposition City of Reno's Notice of Denial of Service: Rawest for Clarification Reoardine
Deadline for Filing Motion For New Trial Olher_Tglling Motions eto
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From: zicliamgiilin 12-19-11 5:24pm p. 28 of 92 to.84599357-307e-4bdb-93ac-65c32ba
22. See Gumm v. Mainor, 118 Nev. 912, 59 P.3d 1220 (2002).
Q. NRAP 4(a)(1).
3.1. See, e.g., Matter of Application of Duong, 118 Nev. 920, 922-23, 59 P.3d 1210, 1212 (2002)
(concluding that atimely filed motion toamend or make additional findingsof fact tolled the time to
appeal from afinal judgment denying apetition toseal criminal records); Chapman Industriesv.
United Insurance, 110 Nev. 454, 457, 874 P.2d 739, 741 (1994) (concluding that timely filed tolling
motionstolled the time toappeal from the fulfil judgment); Able Electric, Inc. v. Kaufman, 104 Nev.
29, 31-32, 752 P.2d 218, 220 (1988) (concluding that amotion toalter or amend tolled the time to
appeal from the final judgment).
2/. See, e.g., HallieraftersCo. v. Moore, 102 Nev. 526, 728 P.2d 441 (1986).
la. Forman v. Eagle Thrifty Drugs& Markets, 89 Nev. 533, 536, 516 P.2d 1234, 1235 (1973),
overruled on other groundsby Garvin v. Dist. Ct., 118 Nev. 749, 751, 59 P.3d 1180, 1181 (2002)."
Winston Productsv. DeBoer, 122 Nev. Adv.Op. 48, 134 P. 3rd 726 (2006);
The above, admittedly extended citation, appliestothisissuesat hand. Wherefore, the
udnersigned seeksacopy of the Order from the 11 30 , 2011 Trial, including any Contempt Order,
which must set for the with specificity pursuant toHouston v. Eight Judicial Distirct Court when
Judge Pomeranze put Houston in cuffsfor about 30 minutes, acase I am somewhat aware of:
Coughlin Mandamus:
http://ca_seinfo.nvsupremecourt.us/public/caseView.do?csIID=22746
Houston Mandamus:
http://caseinfo.nvsupremecourt.us/public/case View. do?esIID-14052
DATED thisDecember 16th, 2011
Zach Coughlin
Defendant
28 Notice ofDenial ofaelvice: Onnosition City ofReno'sNotice ofDenial_ofService: Requestfor Clarification Remardina
Deadline for Filing Motion For New Trial. Other Tolling Matiopsetc
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DECLARATIQN OF ZACH COUGHIN
1. I am the Defendant in this action.
2. I am not sure exactly what Judge Howard Ordered at the conclusion of the November 20',
2011 Trial
3. I have not been entirely sure what the difference is between emails and faxes, as many people
send faxes from their computers, like email, and it is my understanding that all electronic
transmissions, whether text, sound, video, whatever, are ultimately just converted to series of
l's and Us....Nonetheless, I have read the RMCR Rule 5 on service of motions by fascirnile
and made reasonable attempts to comply with Ms. Roberts request that I interpret that rule to
mean a transmission of l's and 0's that is not "email" based. As such, I fax her from a fax
number of mine, 949-667-7402 and have faxed her the December 13' Motion for a New Trial
etc. to Ms. Roberts at her fax number. I know of know rule that allows Ms. Roberts, a public
employee, to all the sudden declare a citizen is not allowed to email her, much less opposing
counsel in a case.
4. Attorneys in private practice, as far as I know, manage to open attachments, use Spybot,
Malwarebytes, SuperAntiSpyware, whatever....they make it happen without a super bloated
governmental salary and don't claim a "fear of viruses" should dictate everything, in my
opinion.
5. At the conclusion of the November 30', 2011 Trial, indeed, several hours prior to its
conclusion even, I was extremely faint and it was very difficult to function at the level
necessary to put on a defense. I do not wish to go into the whys and wherefores of this, it
29 Notice of Denial of Service. Ovtiosiiion City of Reno's Notice of Denial of Service: Request for Clarification Restardina
Deadline for Filing Motion For New Trial. Other Tolling Motions. etc
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may involved ADAiprivacy issues/medical issues, but, suffice tosay, I in noway could have
imagined that the RMC would see fit tohold everyone there, many getting paid quite abit of
overtime, in some incredible effort tomake sure thisone little old petit larceny trial got done
super, super fast. I could have never imagined that the Trial would continue until almost 9 p
at night, why, in my experience, government employeesgenerally leave their office buildings
assoon after 5 pm ashumanly possible. Assuch, I wasin noway prepared,
physically/mentally/medically, etc. tocontinue on that late intothe evening.
6. Apparently, at the close of Trial, Judge Howard made aruling. I have received conflicting
reportsastowhether the RMC isasserting that I entered aguilty plea(I donot believe that
assertion comportswith reality in any way) or whether Judge Howard made afinding of
Contempt committed in the presence of the Court 22.030 and summarily sentenced me to
three daysin jail, with nopossibility of stay or appellate review, despite Judge Howard Navin:
denied me my Sixth Amendment Right ToCounsel, assuring me he would not order any
incarceration. I outlined toJudge Howard what adevastating effect hisruling might have on
my clientscasestothe extent he wasnot affording me any opportunity tohelp them make
other arrangementstoavoid prejudicing their cases, and Judge Howard agreed that he wassad
about that then angrily left the bench after exclaiming something like
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we are off the record".
7. At that point Judge Howard'steam of Marshalls(I thinkabout four of the Marshalls, at least
were working at overtime wagesat that point in the night toinsure that the Wal-Mart clerk
would not be burdened by having toreturn tocourt during normal businesshoursshould a
continuance have been granted) stormed up tome and demanded I assume ahandcuffed
position, despite my passionate pleasthat I needed tobe able tohit the "save" button on my
notesfrom the trial on my netbookcomputer. The Marshalstold me that wasnot allowed to
30 notice ofDenial ofService: Opposition City ofReno; Notice ofDenial ofService: Request for Clarification Recrardiniz
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hit the "save" button and that they didn't care about my notesbeing lost. Itsreally wasquite
remarkable the extent towhich these Marshalstreated me like I just knocked off aliquor store
with afirearm, pistol whipped the cashier, then happened upon them in the parking lot after
they witnessed the entire event
8. I wastaken backtoaholding cell for several minutes, whereupon I wassummoned backinto
the court room and Judge Howardspresence where he talked some more. AsI recall, Judge
Howard mentioned a10 day limitationsperiod or deadline that would be running from the
notice of entry of hisVerdict and Contempt Finding. Judge Howard mentioned that, given
that he wasincarcerating me for the next 3 days, he wasgoing toextend all deadlineswhich
might apply toany noticesof appeal or motionsseeking anew trial, toset aside the judgment,
vacate, etc an additional three daysafter the normal time on which those limitationsperiods
would run. Judge Howard seemed toexplain that thiswould have the effect of giving me
more time toundertake tofile these pleadings, motions, and noticesif I sochoose sothat the
summary incarceration (which Judge Howard wassure topoint out would not be bailable or
otherwise circumvented by any attemptstoaccessjustice) would not prejudice my ability to
doso. AsI understood it thismeant lengthening the time I had tofile such papers, not
shortening it, and Judge Howard seemed toindicate that the period tofile such thingswould
still be adjudged tobe within the 11 daysor lesscited in NRCP 6(a), and, assuch, non
judicial dayswould not count towardsthe 10 dayswithin which I must file the variouspost
Verdict papersI might want tofile. Judge Howard seemed toindicate that the three additional
dayshe wasgranting me would be added on after the expiration of those 10 non judicial days
From notice of entry of Judge Howard'sOrder wasfiled with the RMC and served upon me.
31 Nati,ce of Denial of Service: Omosition City of Reno's Notice of Denial of Service: Request for_ cation Reaardin2
DeadlinelatEilinaidatieaEatigesxinal-QterTelling2ietisina-Ce
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9. It ismy recollection that Judge Howard then left the courtroom and I wasleft alone with
about 4 Marshals, all collecting overtime. At that point the got abit rough with me and
started speaking in very hostile, ominoustones, shoving some papersin front of my face, but
not long enough for me tobe able toread them or discern what they related to. The Marshals
began demanding that I sign these papers. I asked them if they were mortgage documentsor
perhapssome student loan agreementsor other sortsof documentsfor which any reasonable
person would want an opportunity toreview prior tosigning. Thismade the Marshalseven
more angry than they normally seem, and they typically seem very, very angry most of the
time, tome at least, In fact, Marshal Mentzel, at My October 11
th
, 2011 arraignment had
become enraged with me for askign questionsabout my Sixth Amendment Right toCounsel. I
reported thistothe court and even made anotation about it, I believe, on the document
Marshal Mentzel demanded I sign on that day, That same day Marshal Mentzel criticized me
tomy face after I appeared before Judge Gardner for the arraignment. Mentzel told me I had
asked Judge Gardner stupid questions, and I believe he made some other insulting and
threatening remarkstome at that time, but I am abit afraid toget intohere in much detail.
10. So, on November 30', 2011, after Judge Howard left the courtroom the Marshalswould not
let me read the papersthey wanted me tosign for more than asecond or twobefore they
began hounding me tosign them in angry and threatening tones. I wassodistraught from the
variousirregularitiesI perceived in the Trial, and that wasonly compounded by the thuggish
behavior of the Marshals, whoquickly informed me that they didn't have time for me toread
anything and dragged me away tothe 3 daysof incarceration I faced, while my car wassure
toget towed (especially considering the Deputeesat the Washoe County Jail saw fit torefuse
toallow me tomake more than, I believe, asingle phone call, shortly after arriving at the jail,
32 Noice of Denial of Service; Ouvosition City of Reno's Notice otlaDial of Service: Request for Clarification Rein:dine
I 9 le)

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49 I 11111


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whereupon they went intotheir usual routine of retaliating against one whorefusestodivulge
their religiouspreference or one whocannot answer all of their highly invasive questionswith
the exact degree of specificity they demand. Thisretaliation, in my case, included forcing me
intosome sort of position on my kneesextremely close tothe crotchesof several WCSO
Deputeesin some sort of sadistic forced simulation of my performing oral sex upon them, at
least from my point of view. I wasplaced in afreezing cold room, with acement floor, by
myself, in retaliaton for failing todisclose my religiouspreference and indicating that I was
not exactly sure how much money I made each month given the variable nature of my
compensation. r wasplace alone in aholding cell with nothing but awooden bench, and the
ice cold cement floor due tothe cell being sequestered away from the buildingsheat sources,
including other people. My dog wasleft tofend for itself. My dog wasfeature in this
December'sNevadaLawyer magazine, Jackson Pawluck, a3 year old Pekingnese.
11. 3 Dayslater when I wasrelease from jail, the personal property returned tome did not
included any Verdict or Contempt Finding/Order related tothe November 30
th
, 2011 Trial in
RMC 11 CR 22176. I called several timesin the daysfollowing my release and spoke with
VeronicaLopez (though it tookseveral daystoascertain her last name given that neither she
nor anyone associated with the RMC would divulge it tome) whom informed me that I had
been served Judge Howard'sOrder at the conclusion of the November 30th, 2011 Trial. Ms.
Lopez immediately tookabullying, hostile, aggressive tone with me that seem completely out
of place coming from her given the position of authority the public hasentrusted her with and
what I feel isaduty on her part toattempt tocome acrossas"judicial" rather than tyrannical.
12. I informed Ms. Lopez that I did not feel I had been served at all, and that I wasnot at all sure
what she was referring to, but that I would definitely like toget acopy of any Order
33 Notice ofDenial ofService: Opposition City ofReno'sNotice ofDenial ofService: Reauest for Clarification It:lauding
Deadline for Filing Motion For New Trial. Other 'Felling Motiorg. etc
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rmaMrk.ram.s0,161- ...
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1- .
B4599357-307e-4bdb-93ac-65c32ba From; zachcoughlin 1Z-19-11 5.24pm p. 34 of 92
immediately, aswell as acopy of the audioof the Trial. I believe Ms. Lopez informed me
that I would not be allowed a copy of the audio, but that I would need topay for atranscript t
be made. I am sure, however, that afemale RMC filing office counter employee told me on
or about the same day that I would not ever be provided acopy of the audiorecording of the
trial but that I would need topay tohave atranscript made, and that I could only use Pam
Longoni, the RMC'sOfficial Transcriptist.
13. I called Ms. Longoni and when I finally got ahold of her she informed me that she would need
the RMC toallow her accesstothe audio(despite her being "linked" tothe RMC'ssystems),
and that until that wasdone, she could not quote me an estimate for the transcript cost, nor
could she accept any payment form me. I believe Ms. Longoni further indicated tome that I
would not be able toget acopy of the actual audiorecording either
14. I have sent several written communicationsand had several verbal communicationswith D.
Ballard and other RMC personnel expressing my exigent desire toget acopy of the audioof
the Trial, and how necessary it wastopreparing filings/motions/pleadingsfor which I had a
very limited period of time tocraft.
15. Before, while, and after speaking with Ms. Ballard, agentleman whose name escapesme but
whoisafiling counter clerkat the RMC told me I would need toget asubpoenatoget acopy
of the RMC docket in my case, and that he couldn't give me copiesof anything in my case,
certainly not the Order stemming from the November 30
th
, 2011 Trial, that he did not have
accesstosuch, and even if he did, would not provide it, and that hissystem did not show
entry of anything in connection with the November 30', 2011 Trial. He further verified that
there had not been any entry in his"docket" for RMC 11 CR22176 21 and that noNotice of
Entry of Order or Entry of Order existed in hissytem or computer for that matter following
34 Notice of Denial of Service; Oppositioz Cjty of Reno's Notice of Denial_oUgrvice: Request for Clarification Regarding
Dead/ine for Filing Motion Eel- New Trial CithPr Tolling Motion; tg
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Ar- 4441$011404.064.1iliNNOkilLY
01037
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it-1s-11 slam p, Si O r Ud 0: X45
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the Trial.He did indicate that "they" said the Motion for New Trial that I had recently filed
was timely, and I believe he said "they" said the day he and I were currently speaking was
"the last day they gave you tofile", which I believe Tuesday, December 13
th
, and given the
"additional 3days" language that I recall Judge Howard mentioning he was adding on to
allow me more time tofile, would mean that "they" (I took "they" tobe "Veronica", whom
the gentleman clerk steadfastly refused toidentify by last name and for which the phone
number he wrote down for me in his own handwriting with "Veronica" written out turned out
tobe a disconnected number) had assumed service was appropriately performed at the
conclusion ofthe Trial, and that 13days began running on the following day, that the halfa
day the RMC is open on Fridays would count as a full judicial day, and that non judicial days
would be included in counting towards this 13days given the way "they" or "Veronica" had
interpreted Judge Howard's Order, apparently in a way that made the time I had tofile these
various papers shorter than it would have been had Judge Howard simply not granted an
additional three days given the dictates ofnot counting non judicial days in NRCP 6(e).It is
my understanding, however, the I have not even been served this Verdict/Order, and that any
li
mitations period must not even begin running until I am appropriately served.Veronica
admitted tome on the phone, I believe on Monday or Tuesday when I called her from the
free phone in the Washoe County Law library with law libarian employee Linda Blakeley
sitting within earshot, that the RMC felt it had appropriately served me the Order at the
conlcusion ofthe trial and had failed tootherwise send me a copy in the mail or by fax.I
asked Ms.Lopez ifI could get a copy ofthe Order, as well as any other Orders that had been
issued in the case.She agree tofax me only the Order from the conclusion ofthe November
30th, 2011 Trial, refusing toprovide any other Orders. As ofyet, despite reading back toher
35 NoticepWertial ofService: Omosition City ofRends Notice ofDenial ofService' Fteauest for Clarification Renarding
Nadine for Filing Motion For New TriaLOther TolIinpMoos.etc
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trag: ZaCiSCOlign4in
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to: rs4v9SI-Jute-4een-viac-restes tram: zacacougtain
my fax number at least twice, I have yet toreceive afax containing anything from the RMC,
much lessthe Order following the November 30, 2011 Trial. Also, the Contempt Order isnot
sufficiently specific, and Judge Howardslackthe jurisdiction toprevent acitizen from
contacting any RMC employee be email for "any" reason. It isthat sort of evident
impartiality and "not very judicial" behavior that augurstoward setting aside thisVerdict, in
addition toJudge Howard'sestablished pattern of denying motionsbefore the time for the
City Atty toeven respond hasbarely even begun. The City atty wasfaxed the 12 13 11
motion. Further Tom, of the RMC filing desktold Coughlin toemail hisspecific question to
Judge Howard and the RMC administrative assistant.
APPLICATION FOR DEFERRAL OR WAIVER OF COURT FEES AND COST
Thisisan Application for Deferral ofCourt Feesand Costs.
STATEMENTS MADE TO THE COURT UNDER OATH. I swear or affirm that the information in thisapplication is
true and correct. I make thisstatement under the penalty ofprosecution for perjury ifit isdetermined that I did not tell the
truth.
I ern requesting adeferral or waiver ofthe following feesand costsin my case:
_x Any or all ofthe following: All filing tees; teesfor the issuance ofeither asummonsand subpoena;
_x _Feesfor obtaining one certified copy ofatemporary order in adomestic relationscase or afinal order, judgment
or decree in all criminal proceedings.
x Feesfar service ofprocessby asheriff, marshal, constable or law enforcement. Feesfor service by publication.
X Filing feesand photocopy feesfor the preparation ofthe record on appeal.
X Court reporter'sfeesofreportersor transcribersemployed by the court for the preparation ofthe transcript.
The basisfor the request is:
1. WAIVER: I am permanently unable topay. My income and liquid assetsare insufficient or barely sufficient tomeet
the daily essentialsoflife and unlikely tochange in the foreseeable future.
2. DEFERRAL:
a. My income isinsufficient or isbarely sufficient tomeet the daily essentialsoflife, and includesnoallotment that could
be budgeted for the feesand coststhat are required togain accesstothe court.
h. I donot have the money topay the court feesand costsnow. I donot know ifI can pay the feesand costsat alater
date.
AFFIRMATION Pursuant toNRS 23911030
The undersigned doeshereby affirm that the preceding document doesnot contain
36 Notice ofDenial ofService. Opposition City ofRencisNotice ofDenial ofService: Retest for ClarificationReizarding
Deadline for Filing Motion For New Trial Otlyr Tollirig Miaticinketc
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From zachroughl in 12-19-11 3,24pn p. 37 of 92 To: 134599357-307e-4hdb-93K-65c32ba
the social security number of any person.
Pursuant to NRS 53.045, I declare under penalty of perjury that the foregoing is true and correct. Executed on December
16, 2011
DATED this December 19th, 2011
/s/ Zac oughlin
Zach Coughlin
Defendant
37 NQ tioe of Donifil of Seryj pel O nvosiiion
City of Rands Notice ofponiai of Service: Request for Clarification Reaardina
D.,: .1 1 ' W
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From; zachcoughlin 12-19-11 5:24pa p. 38 of 92 To: .84599357-307e-Mdb-93ac-65c32bo
PROOF OF SERVICE
I, Zach. Coughlin, declare:
On December 19, 2011, I, Mr. Zach Coughlin served the foregoing document by and faxing
true copy thereof to:
Pamela G Roberts, Esq.
Reno City Attorneys Office - Criminal Divison
AP.O. Box 1900 Reno , NV 89505
Phone Number: 775-334-2050
Fax number: 775-334-2420
Email: robertspgreno.gov
and emailing to the RMC and faxing to the RMC (D. Ballard approved email filing).
Reno Municipal Court
renomunirecords@reno.gov
Clerk/Administrator
Reno Municipal Court
One South Sierra Street
Reno, Nevada 89501
Fax: 775 326 5105
DATED THIS19th day of December. 2011 BY:
Zach oughlin
Defendant
38
Notice.of Denial ofService: Opposition City Qf Rends Notice of Denial of Service: Request for rierificatica Retarding
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Pros: zachcogghlim
12-19-11 5:24ps p. 39 of 92
7a: 14599357-307c-4bdh-93ac-65c32ba

index to exhbits:
1. collection of papers relevant to setting aside, including, inventory of property returned to
Coughlin upon release from 3 days jailing on 12/2/11, uninitiliaed, yet filed stamped 11 30 11
Order, no signature of Coughlin on Order, inconclusive whether "refined" on signature means
refused to sign, refused to hold, etc. Marshals kept order or otherwise did not allow Coughlin
to do anything, like save computer notes form trial, much less put a paper in his bag....RMC
"rec'd date stamped discovery that RPM told Coughlin it did not have despite numerous
written requests from Coughlin for it, 8 (eight) pages
2. Sample of Coughlin's recent work as an attorney, for which he has been paid a grand total of
$250 so far Carpentier v. Aatnes CV08- 1709,
3. Another sample of Coughlin's work, for which he was paid $250: Cadle V Keller AP in BK
39
Notise of Denial of Service: Oppositign City Mends Notice of Denial of Service: Reauest for Clari4gagmle2arding
Deadline fcir_FilingMotion Ft
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1
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11
12
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14
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To: 84599357-307e-4bdb-93ac-65c32ba From; zachcoughlin 12-19-11 5124pm p. 40 of 92
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From! zachoollghlin
12-19-11 5:24ps p. 44 of 92


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;COUCMAIV _js ;Guilty of -
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12-19-11 5:24pm p. 47 of 92
Fr= zachcoughltn
To: 94599357-307e-4bdb-91ac-6502ba
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To; 84559357-307e-4bdb-91ac-5502ba From xachcoughlin
01051
ok
,
To; 89599357-307e-4hdb-93ac-65c32ba From' zmcbcomghlin 12-19-11 5:24pm p. 49 of 92
EXHIBIT 2,
01052
01052
7,.....0-7..,: 444,4
.
To03599357-307e-4bdb-93ac-65d2ba From; tachcoughlin 12-19-11 5:24pm p.50 of92
Zach Coughlin, Esq.
817 N.Virginia St.#2
Reno, NV 89501
Tele: 775-229-6737
Fax: 949-667-7402
ZachCoughlin@hotmail.com
Attorney for Joni and James Carpcntier
IN THE SECOND JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR
THE COUNTY OF WASHOE
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JAMES CARPENTIER, ET AL,
Plaintiff
AAMES FUNDING CORP ETAL,
Defendant
Case No: CV08-01709
Dept No: 7
EMERGENCY MOTION FOR
TRO/INJUNCTION: MOTION TO SET
ASIDE: MOTION FOR SANTIONS
10
EMERGENCY AMMON FOR TI3QLJNJUNCTION: MOTION TO SET ASIDE
Nevada is one ofthe Western States ofthe US that are Non-Judicial States.In these
states, foreclosures are governed by State Civil Code.These homeowners have it the
toughest being in a non-judicial state, Lenders need not prove anything.They can simply
notify the homeowner ofthe default, then after a certain number ofdays, as defined
under State Civil Code, the property then proceeds toa Trustee sale at a public auction.
The only option available toyou ifyou are a Non-Judicial State resident is for you to
file a civil action against your lender tocompel them toprovide proofofclaim, and
therefore standing.The other option is todeclare bankruptcy.In bankruptcy, generally
.04

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01053
01053
...4AWev ..
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*1`14,,
To: 88599357-307e-4bdb-93ac-65c321:4 From: zachcaughl1n 12-19-11 5:24pm p. 51 of 92
speaking, you have twooptions, Chapter 7 (noasset) or aChapter 13 (asset). What some
homeownersdoistodeclare Chapter 7 and list their property asan unsecured asset and
wait for the lender toobject. Thisthen putsthe burden of proof on the lender. If your
loan wasclosed with lender A and isbeing foreclosed on by Lender B or C ... there must
be (by law) avalid chain of assignment toshow that Lender C isthe real and beneficial
party of interest. Because of the problem of securitization, thisisnever done. This
createsareal problem for the Lender (whoisfrankly doing thisfraudulently anyway,
allegedly). For those with alot of assets(such asequity in their homes), they can doa
Chapter 13. Under aChapter 13 bankruptcy, you can file an Adversary Proceeding
where you sue your lender tocompel them toproduce valid proof of claim. The beauty
with Bankruptcy Court isthat you have the law on your side. Rule 3001 (d) of the
Federal Code of Bankruptcy requiresthat your lender provide evidence of "perfected
title." If you choose tofile acivil action against your lender, you better have proof. The
best proof you can bring isasecuritization audit toprove that your loan hasbeen
securitized. Then, workwith your lawyer tobuild an argument around the points
outlined in thisbook. Unfortunately, thiswill set you backat the minimum $5000, and
more likely closer to$10,000 to$25,000. Another option you could doistodoa"quick
reconveyance method" asdiscussed in Chapter 4. Thiscan be very effective in stopping
your servicer'sability toforeclose because it closesout the Deed of Trust/Mortgage.
Thismethod isonly applicable when you have clear evidence of movement or
securitization. You can find out more about thismethod on our website under the
Productstab. Alternatively, if you cannot afford alawyer, you could try todothis
yourself. Great placestostart are LivingLies.com and stopforeclosurefraud.com. These
are blogswith lotsof articles, sample pleadingsand lotsof other resourcesI used during
my research, Another option istojoin our foreclosure defense membership program.
We realized that there are SO MANY homeownersneeding help. That iswhy we
developed acoaching membership program with specific information and resourcesto
help homeownerswith their foreclosure defense. Our membership program hassample
pleadings, sample responses, formsand proceduresothershave used in their foreclosure
,.r V a z Ez ., I o; 0,0 . PIP 2
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01054
01054
vo
To: 8.4599357
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307e 4bdb
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93ac
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65c32ba From: achcoogbitn
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defense. You will alsobe able tonetworkwith other homeownerslocal toyou ... meet
with them tohave coffee, and support each other. For more information about this
program, come toour website at: http://www.consumerdefenseprograms.com
A good
place tostart, if you are in aNon-Judicial State, istostart writing toyour lender to
demand that they produce valid proof of claim. You can find acouple of sample letters
on our site. Thiswill be agood place toget started.
COME NOW, PlaintiffsJAMES S. CARPENTIER and JOAN E.
CARPENTIER, by and through their attorney, Zach Coughlin, Esq, asand for their
claimsfor relief and hereby allegesand aversasfollows. On July 15, 2011 aNotice
of Entry of Order wasentered in the court'sdocket showing an Order granting
RESIDENTIAL CREDIT SOLUTIONS INC, AND QUALITY LOAN SERVICE
CORPORATIONS MOTION FOR SUMMARY JUDGMENT. Counsel Coughlin
admitsat the outset that thismotion issomewhat thrown together in arush.
However, Coughlin only just became counsel of record in thiscase with avery
limited number of hourstofile thismotion. Tothat extent, Coughlin hasherein cited
toFederal authority for basic things, such asthe standard for aMotion for
Reconsideration (and barely, if any tolling authority toget past the 20 day
requirement of WDCR 13(7) and Rule 12 isincluded herein, however, Coughlin
commitstocuring such deficienciesin short order and tomake great effortsnot to
prejudice opposing counsel with unsupported argument or allegationswhilst still
zealously protecting hisclientsrights. Thisiseasier said than done given the the
inordinately vexatiousconduct the undersigned hasbeen subjected tolately incident
toawrongful eviction stemming from aCommercial Lease where non-payment of
rent wasnot alleged, yet aSummary Eviction Proceeding tookplace anyway, and to
top it off, arent escrow deposit wasforced upon the undersigned tothe tune of
radMIOENCI VIOTION FORTZUMIuNcnort MOTION TO SET A9132Z 3
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01055
01055
From: zachroughlln 12-19-11 5:24pm p. 53 of 92
To 84599357-307e-4h6-93ac-55c32ba
$2,276 in the middle of the Summary Eviction Proceeding, in direct violation of NRS
40.253(6), and .ICRCP 83. I in preparing thisfiling and in relation tothe date of the
Trustee'ssal; set for December 21, 2011 (opposing counsel Schuler-Hintz did send
an email tothe undersigned late in the night of December 18, 2011, asserting that the
Trustee Sale hasbeen postponed again toearly February, 2012, and, not toimpugn
Ms. Schuler-Hintz credibility, but there doesseem tobe authority tosuggest to
Trustee Salesand the attendant scheduling changes, especially those not reduced toa
written stipulation, are avery hard thing topin down). Thisisthe second time the
undersigned hassent opposing counsel some eleventh hour correspondence, only to
me told, basically, "oh, the sale wasmoved acouple daysago" despite the fact that
neither the undersigned or either of hisclients(the timing of whose divorce
dovetailed quite nicely with thisforeclosure matter) wasEVER informed of either of
these postponementsof the scheduled Trustee'sSalesand where the undersigned has
no reason to believe that these salesare being postponed for any reason other than the
undersigned'ssquawking, and where opposing counsel hascontinually failed to
provide any proof that these postponementsoccurred prior tosaid squawking (the
undersigned doesrecognize that it ispossible that such postponementsare amatter of
the public record and that such ahunch by the undersigned might be just plain
wrong).
The undersigned hereby requiresthe trustee toverify acomprehensive list of
issuesrelated tothe legal nature of the foreclosure proceedingsenacted by the lender,
which asabyproduct, Carpentier ashomeowner still retainsfull ownership of the
property and livesthere. The Trustee assumesthe liability in auctioning the property,
and should not foreclose on the property if there isapotential violation pointed out
Easssesirey manse( icamaneusien
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01056
01056
Fros. zachcougblin 12-19-11 5I24pm p. 54 of 92
To: B4599357-3117e-1bdb-93ac-55c32ba
tothem prior tothe Auction Sale Date asthey could face sanctionsand ultimately
lose their license. Tothat end, the undersigned seeksadefinite extension of time to
verify these matters(and the overcome the deleteriouseffect wrought on the
undersigned life and law practice by the wrongful eviction and alleged application of
an unlawful rent distraint and other bad faith conduct by the defendant and his
counsel in RenoJustice Court case Rev2011-001708. While Trusteesare incredibly
busy and generating huge profitsand often continually postpone the sale date to
provide themselvesadequate time toresearch and respond tothe issuesraised by the
undersigned toprotect themselves, such hasnot been reduced toawritten stipulation,
assuch thisfiling isnecessary.
FACTS
1. At all timesmentioned herein, PlaintiffsJamesS. Carpentier and Joan E.
Carpentier, hereinafter collectively referred toas"CARPENTIER," are husband and
wife residing in the County of Washoe, State of Nevada.
2. Defendants, DOES I through XX are fictitiousnames; that Plaintiffsare
ignorant of the true namesof the individuals, corporations, co-partnerships, and
associationssodesignated by said fictitiousnames, and when the true namesare
discovered, Plaintiffswill seekleave toamend thisComplaint and proceedings
herein tosubstitute the
true name of said Defendants. Plaintiffsbelieve that each of
the Defendantsdesignated herein asDOE isnegligent or responsible in some manner
for the eventsherein referred toand negligently, carelessly, recklessly and in a
manner that wasgrossly negligent and willful and wanton, caused damages
proximately thereby tothe Plaintiffsasherein alleged.
3.
At all timesmentioned herein, CARPENTIER isthe owner of certain real
property commonly known as 2873 Sunny Slope Drive, SparksNevada89434,
Washoe County AssessorsParcel Number 030-091-12, hereinafter referred toasthe
. 1 I' i1 .,. r Lo. t 1100 *1 ' '
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01057
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10: d4]99JY1
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bYC5d0a tram zacncongraln it-I9-11 b;d4pM p. Y] O r Yd
"PROPERTY," and more particularly described asfollow:
LOT 6 OF LEWIS HOMES-SPARKS NO. 5-A, ACCORDING TO THE MAP
THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
WASHOE COUNTY, STATE OF NEVADA ON JULY19, 1976, AS FILE NO.
417319 AND AS TRACT MAP NO. 1587.
4. On or about May 4, 2005, CARPENTIER had an existing mortgage
against the PROPERTY in the approximate principal amount of $150,000.00
5. On or about May 4, 2005, CARPENTIER wasin default and in financial
trouble with regard tothe existing first Deed of Trust in that JamesS. Carpentier
became injured, wasunable towork, wasreceiving only workman'scompensation
payments, and Joan E. Carpentier at that time wasunemployed.
6. On or about May 4, 2005, CARPENTIER wasunable tomeet their
current obligationsunder the first Note and Deed of Trust.
7. CARPENTIER received amail solicitation torefinance their property
from Defendant AamesFunding Corporation dbaAamesHome Loan, hereinafter
referred toas"AAMES."
8. CARPENTIER contacted Defendant AAMES, AAMES did represent to
them that AAMES could cure their financial troublesby refinancing the existing first
obligation on the PROPERY, that they would qualify for such aloan, and that they
would generate sufficient fundstomeet their obligationseven though Joan E.
Carpentier wasunemployed and JamesS. Carpentier received only disability income.
9. In furtherance of the refinance, Defendant AAMES wasrequired tomake
aloan application. Said loan application wasfilled out by the representativesby
Defendant AAMES and intentionally misstated the income of CARPENTIER tobe
in excessof 56,000.00 per month.
10.
The true fact wasCARPENTIER received only $2400.00 per month, and
4131; ,

0: li MI ...till. a ,

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01058
01058
From; zachcoughl1n 12-19-11 5124pm p. 56 of 92
To 64599357-307e-4bdb-934c-5502ba
the true fact wasknown toDefendant AAMES.
11. Defendant AAMES made aloan toCARPENTIER in the amount of
S170,800,00.
12. The loan made by Defendant AAMES was an adjustable rate which
would require paymentsin excessof $1400.00 per month.
13. At the time of making the loan and filling out the loan application by
Defendant AAMES, Defendant AAMES made the loan without determining or using
any commercially reasonable meansor mechanism todetermine CARPENTIER's
ability torepay the loan and in fact knew or should have known that CARPENTIER
did not have the ability torepay the loan,
14. The 5170,800.00 loan closed on or about May 4, 2005, and, on or about
that date, CARPENTIER did make, execute and deliver aDeed of Trust securing
repayment of the new loan. Said Deed of Trust having been given toDefendant
Windsor Management Co., aCaliforniacorporation, asTrustee by JamesS.
Carpentier and Joan E. Carpentier, husband and wife asjoint tenants, asTrustorsin
favor of Defendant AamesFunding Corporation dbaAamesHome Loan, as
Beneficiary. Said Deed of Trust wasrecorded May 4, 2005 asDocument No.
3208651, Official Recordsof Washoe County.
15. Since the recordation of said Deed of Trust, CARPENTIER hasbeen
unable tomake all paymentscalled for under the termsand conditionsof the Deed of
Trust and Promissory Note which it securesand have made known their inability to
pay toDefendant AAMES.
16.
Defendant AAMES hasassigned the right tocollect under the termsand
conditionsof the Promissory Note and the Deed of Trust toDefendant Residential
Credit Solutions, Inc., hereinafter referred toas"RESIDENTIAL," asof May 31,
2007.
17.
CARPENTIER hascontacted DefendantsAAMES and RESIDENTIAL
" , : It ) *III ps Ait
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01059
01059
From: zachcoughlin 12-19-11 5:24pm p. 57 of 92 To: 81599357-307e-4b8-93ac-65c32ba
in an attempt toagain refinance but informed Defendants AAMES and
RESIDENTIAL oftheir inability toqualify, and Defendants AAMES and/or
2
RESIDENTIAL offered toprovide them with false and fraudulent W2 Forms in order
3
tomeet financial requirements.CARPENTIER declined toparticipate in this loan
4
fraud.
5
18. As a direct result ofCARPENTIER's inability tomake payments called
6
for under the refinanced loan, Quality Loan Service Corpon behalfofDefendant
RESIDENTIAL and on further behalfofDefendant AAMES did record a Notice of
a
Breach and Default and ofElection toCause Sale ofReal Property Under Deed of
9
Trust on March 12, 2008 as Document No.3629741, Official Records ofWashoe
to
County.
it
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19. Subsequent tothe recordation ofthe Notice ofBreach and Default,
Defendant AAMES has recorded a Notice ofTrustee's Sale scheduling sale on the
14
PROPERTY for July 9, 2008 at the hour of11:00am at the County Court House
15
located at Virginia Street and Court Street in the City ofReno.The Notice of
16
Trustee's Sale was recorded June 19, 2008 as Document No.3661497, Official
17
Records ofWashoe County.
1$
20. The actions ofDefendant AAMES in failing tomake a determination of
19
CARPENTIER's ability torepay the loan and inducing them toenter intosaid loan
2O
constitutes an unfair lending practice pursuant tothe provisions ofNRS 598D.100.
21
21. CARPENTIER has been damaged as a direct and proximate result of
22
unfair lending practices ofDefendants AAMES and RESIDENTIAL, and
23
CARPENTIER is entitled todamages and treble damages pursuant tothe provisions
24
ofNRS 598D.110.
25
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22.
CARPENTIER is entitled totheir attorney fees pursuant tothe provisions
ofNRS 598D.110(2)(b).
28
23.
CARPENTIER is further entitled toan offset against all sums owed under
EISNAGENCY 141711014 NOR 711ZOSNAJNIGTFON: MOTION TO SST MELDE 8
01060
01060
,--.,-,-,,,,,,--w-,,?,1 ,,,.0.*,,,...,...,,,,,.-.,....,,,,,...1 9.*W7,..,,,
To 84599357-307e-4bft-93ac-5502ha From: liehedildfilln
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12-19-11 5:2Ipm p. 58 of 92
the Promissory Note secured by the Deed ofTrust as herein alleged pursuant tothe
provisions ofNRS 598D.110(3).
2
24. CARPENTIER is further entitled tohave this court cure any existing
3
default ofthe home loan and cancel the pending foreclosure and Trustee's Sale
4
pursuant tothe provisions ofNRS 598D.110(3).
25. 1Plaintiffs incorporate herein by this reference all papers and pleadings on
6
file in this action.
7
8
26. As a direct and proximate result ofthe actions ofDefendants AAMES
9
and RESIDENTIAL, CARPENTIER is in danger ofloosing their interest in unique
10
real property by virtue ofthe foreclosure sale.
11
27. CARPENTIER is entitled toa temporary restraining order, preliminary
tz
injunction and permanent injunction precluding Defendants from conducting a
13
foreclosure sale ofthe PROPERTY.
14
28. CARPENTIER lacks adequate remedy oflaw due tothe unique character
15
oftheir interest in real estate.
16
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29.CARPENTIER received a Notice ofSale indicating that their lender would
lx
sell their home at auction on October 21, 2011, following their default in their
19 mortgage payments.The home remains occupied by the title owner.The Notice of
20
Sale did not give Joni or James Carpentier the requisite notice ofthe date ofthe
zi
foreclosure sale.Pursuant toNRS 107.080, the foreclosure trustee must record a
n Notice ofSale and give notice ofthe time and place ofthe sale by (1) personally
23
serving or mailing the notice by registered or certified mail tohomeowner and others
24
"entitled tonotice"; (2) posting the notice in a public place where the property is
zs
located for 20 successive days; (3) publishing a copy ofthe notice 3times (once a
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week for three weeks); AND (4) posting the notice on the property 15 days before the
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sale date.The Notice ofSale was recorded on October 3with a sale date ofOctober
zs
21.This is only an 18 day notice period.This fails tocomply with at least section (2)
to JO f; pl. IP, ape
01061
01061
ttom: zacncoagatin 1e
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above, and perhapssection (4) should they fail topost the notice on the property on
1

or before October 6, depending upon whether section (4) requiresthat action tooccur
2

within 90 daysor tooccur only after the passing of 90 days.
3
30. The substitution of Quality Loan Servicing asthe foreclosure trustee wasnot
4

recorded. Under the Deed of Trust Recorded on April 18, 2005, Windsor
5

Management Co. wasnamed asthe Trustee. Nodocument could be found with the
6

Recorder'sOffice indicating any entity substituted Quality Loan Servicing asthe
7

foreclosure trustee under the Deed of Trust.
8
31. Defendant'shave substantially departed from the notice, manner of service,
9
10

and processrequirementsof variouslaw, including, but not limited toNRS 107.080.
11

When inquiry wasmade with Defendant'sastothe basis, reasoning, and justifications
12

for the departures, Plaintiffswere told that "itsyour word against ours" and
13

otherwise responded toin ahostile, aggressive, and deceptive manner. More
14

discovery isin order in thisregard.
15

32. However, asMr. Zimbelman provided, the April 2009 Bankruptcy filing in Delaware
16

by Zimbelman'sclient listed, in the Creditor Matrix, a"Creditor Notice Name" of Walsh,
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Baker, & Rosevear, the Carpentiersthen former attorney, asJamesWalsh'sMotion to
18

Withdraw asCounsel had been panted by thiscourt On January 22, 2009, with Walsh
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filing aNotice of Entry of that Order on January 26, 2009, in plenty of time for
20

Zimbelman'sclient toupdate the "Creditor Notice Name" and addresstoreflect the fact that
21

Walsh wasnot attorney of record frothe Carpentiersanymore, and that those noticesshould
22

have been sent directly tothe Carpentiers,
23
33.
Indeed, Mr. Zirnbelman'sCERTIFICATE OF SERVICE Pursuant toNRCP 5(b), for
24

hisMay 19, 2009 filing of NOTICE OF BANKRUPTCY FILING AND AUTOMATIC
25

STAY reads: "I certify that I am an employee of PEEL BRIMLEY LLP and that on this
26

19th day of May, 2009 I caused the above and foregoing document entitled NOTICE OF
27

BANKRUPTCY FILING AND AUTOMATIC STAY tobe served asfollows: x by placing
28
same tobe deposited for mailing in the United StatesMail, in asealed envelope upon which

42T TOs Asa)! 10 *0 0 a g: / WV IP


01062
01062
1Z-19-11 p. O U or VC
la: 114555.5V
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first class postage was prepaid in Las Vegas, Nevada; and/or x tobe sent via facsimile; to
the party(ies) and/or attorney(s) listed below at the address and/or facsimile number
indicated below:
James M.Walsh, Esq.
Walsh, Baker & Rosevear, P.0
9468 Double R Blvd.Suite A
Reno, Nevada 89521
Attorneys for James S.Carpentier and Joan E.Carpentier
34.Further, Ms.Schuler-Hintz failed torespond appropriately tothe Order Granting
Walsh's Withdrawal as Attorney ofRecord, and the subsequent Notice ofEntry ofthat
Order on January 26, 2009.Hintz' Motion toDismiss or in the Alternative For Summary
9

Judgment listed Walsh for the ProofofService as well: " I hereby certify that on the 4th day
10

ofJune a true and correct copy ofDEFENDANT'S RESIDENTIAL CREDIT SOLUTIONS,
11

INC., AND QUALITY LOAN SERVICE CORPORATION'S MOTION TO DISMISS OR
12

IN THE ALTERNATIVE FOR SUMMARY JUDGMENT was forwarded by US Mail with
13

postage prepaid tothe addresses listed below:
14

James M.Walsh
Walsh, Baker & Rosevear
1s
9468 Double R Blvd.Suite A
16

Reno, Nevada 89521 Attorney for Plaintiff
2
3
4
5
4
17
Further, the caption on Ms.Hintz Motion indicates the case is in Department 4, despite
the fact that pm February 11, 2009, a Case Assignment Notification Entry was entered in
he docket for this case CVO8-01709, indicating this CASE REASSIGNED TO
EPARTMENT 7 FROM DEPARTMENT 4 PER ADMINISTRATIVE ORDER.
35.
Then, for some reason that is not quite clear, despite his cocounsel Schuler-Hintz
having filed a Motion for Summary Judgment on June 4
th
, 2009 in the Second Judicial
District Court for Washoe County in this action, CV08-01709, Christoper Hunter, Esq.
Filed a somewhat similar Motion for Summary Judgment in CV09-01709, (bold emphasis
added) in a Motion which bears a front page heading, above the caption, that reads:
4...1 01 VA: N .1.ai, 7...a.l., . :1 4 .1 " 11
18
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ZO
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01063
01063
To 04399331
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107e-9DOO-93aO-03c32Da

roe : 2acemmugrain ic-is-It 3:L4pm p. O1 of
"DISTRICT COURT
CLARK COUNTY, NEVADA"
3
Further, the caption on Mr. Hunter's June 23r
d
, 2010, Motion For Summary Judgment
4 indicates the case is in Department 4, despite the fact that February 11, 2009, a Case
s Assignment Notification Entry was entered in the docket for this case CV08-01709 (much
less the fugitive or fictitious case CV09-01709 that Mr. Hunter listed in the Caption, in a
Clark County District Court case tiled in Washoe County), indicating this CASE
REASSIGNED TO DEPARTMENT 7 FROM DEPARTMENT 4 PER
9
ADMINISTRATIVE ORDER. So, the Carpentiers were burdened with both attorneys
la
sending important pleadings to one who was no longer Attorney of Record for the
11
Carpentiers, despite a Notice of Entry of that Order Granting Withdrawal of James Walsh,
12
Esq., in addition to Mr. Hunter putting the wrong court and the wrong case number on a
13
Motion for Summary Judgment that would have nonetheless
14
36. Again, in his August 5, 2009 Certificate of Service for his Motion for Summary
is
udgment, Mr. Hunter puts in the caption the wrong case number and the wrong Department
16
umber, listing CV09-01709 and Department 4 where CVOR-01709 and Department 7
17
hould be. Further, the June 9, 2009 Notice of Lodgement was sent to only Zimbelman.
18
urther in her Certificate of Service for that Notice of Lodgement, filed separately on
August 5, 2009, Ms. Hintz puts in the caption the wrong case number and the wrong
iD
apartment number, listing CV09-01709 and Department 4 where CVOS-01709 and
apartment 7 should be. Interestingly, Exhibit 6 to Hunter's June 23, 2010 Motion for
Summary Judgment, while containing the text of the Delaware Court's Order removing the
23
tay, doesn't contain the Delaware Bankruptcy Court's Proof of Service for that Order upon
24
e Carpentiers....
25
26

7. Next, on July 12*, 2010 REQUEST FOR SUBMISSION OF DEFENDANTS'
27
RESIDENTIAL CREDIT SOLUTIONS , INC. AND QUALITY LOAN SERVICE
ZS
CORPORATION'S MOTION FOR SUMMARY JUDGMENT, Hunter again puts
epartment 4 in the case caption where Department 7 should be.
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38. Finally, on July 15, 2011 thisCourt granted District Court Rule 13 (3) provides,
"Failure of the opposing party toserve and file hiswritten opposition may be construed as
an admission that the motion ismeritoriousand aconsent togranting the same." Thus, in
thiscase, the court construesPlaintiffs', JAMES S. CARPENTIER and JOAN E.
CARPENTIER, and Defendants', AAMES FUNDING CORPORATION and WINDSOR
MANAGEMENT COMPANY'S failure tooppose Defendants' RCS and QLS'sMotion/or
Summary Judgment asadmission that the Motion ismeritorious."
39. The July 15, 2010 Notice of Entry of Order incorrectly list Department 4 instead of
Department 7 in the caption.
40. The Washoe County Recorder'sweb site doesnot list aNotice of Trustee
Sale for the alleged Trustee sale that wasset totake place on December 21, 2001
II. LAW AND ARGUMENT
I. The Order Granting_Stunmarrjudgment Entered Against Plaintiff
Should be Set Aside or Vacated Due to it being Void For Lack of_Jurisdiction
Given the Numberous Deficiencies in Service of Essential Pleadings and Notices
Upon the Plaintiffs. Excusable Neglect. Fraud on The Court. an Intervening
Decision of the Nevada Supreme Court, Two of them, from July 7,2011. and
The Overly Long Passing of Time Between Now and the Granting of the
19

Summary Judgment Order.
20
The excusable neglect argument isquite strong given Hitnz and Zimbleman's
21
continual failure toappropriately addresstheir Proofsof Service for very, very
22
i
mportant documents. Might be avoidnessbasisfor Setting Aside the Order As
23
24

Well. Further, the Order granting Summary Judgment isvoid given the lackof
25

jurisdiction possessed by thisCourt where somany essential deficienciesexistsin
26

thismatter related tothe most pertinent filingsand noticespossible.
27 "Accordingly, when thiscourt issuesan intervening decision that constitutesa
28

change in controlling law, courtsmay depart from the decided law of the case and

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01065
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apply the new rule of law." Hsu v. County of Clark. See, e.g., Hopkinsv. Dyer, 104
1

OhioSt.3d 461, 820 N.E.2d 329, 333 (2004) (holding that an intervening opinion
2

issued by the OhioSupreme Court constituted achange in controlling law
necessitating departure from the law of the case doctrine); Dedge v. State, 832 So.2d
4

835, 836 (Fla.Dist.Ct.App.2002) (noting that adecision by the FloridaSupreme
5

Court toenact anew procedural rule constituted achange in controlling law).
6

"Because we determine that the change in controlling law exception tothe law of the
7

case doctrine applies, we donot consider whether thiscourt should alsoformally
8

adopt the "substantial new evidence" or "clear error resulting in manifest injustice"
9

exceptionstothe law of the case doctrine. However, we observe that, despite the
10

landowners' contentions, discovery of arelatively minor factual error in our order in
11

Hsu I suggesting that the landowners' had obtained a50-foot height variance for
12

construction of abillboard on their property doesnot constitute "substantial new
13

evidence" that justifiesdeparture from the law of the case doctrine. Our
14

determination in Hsu I that the landownershad not demonstrated the futility of
15

exhausting their administrative remediesrested on several piecesof evidence besides
16

the erroneous"billboard variance," indicating that this"new evidence" would have
17

little bearing on our previousdecision. See Suel v. Secretary of Health and Human
18

Services, 192 F.3d 981, 986 (Fecl.Cir.1999) (stating that "the new evidence relied
19
upon tooverride [the) law of the case must be substantial, even conclusive, before it
20
isappropriate toreopen ajudgment on which subsequent phasesof the case have
21
been decided" (citing 18 CharlesAlan Wright, et al., Federal Practice and Procedure
22
4478, at 800 (2d ed.1981))). We likewise reject the proposition that our decision
23
in Hsu I wasbased on clear error such that adherence tothe decision would worka
24
25

manifest injustice.
See In re City of PhiladelphiaLitigation, 158 F.3d 711, 720 (3d
26

Cir.1998) (noting that if adecision isnot clearly erroneous, enforcement of that
17

decision will not generally workamanifest injustice),Asthisappeal and our decision
28

in Hsu I are part of asingle continuoussuit, we alsoreject the County'sassertion that
the doctrine of resjudicataprohibitsthiscourt from revisiting the meritsof the
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landowners' takingsclaim. See FloridaDept. of Transp. v. Juliano, 801 So.2d 101,
105 (Fla.2001) ("Where successive appealsare taken in the same case there isno
question of resjudicata, because the same suit, and not anew and different one, is
involved. Under these circumstances, the doctrine of the law of the case applies."
(citation omitted))."
On motion and upon such termsasare just, the court may relieve aparty or a
parts'slegal representative from afinal judgment, order, or proceeding for the
following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2)
newly discovered evidence which by due diligence could not have been discovered in
time tomove for anew trial under Rule 59(b); (3) fraud (whether heretofore
denominated intrinsic or extrinsic), misrepresentation or other misconduct of an
adverse party; (4) the judgment isvoid; or, (5) the judgment hasbeen satisfied,
released, or discharged, or aprior judgment upon which it isbased hasbeen reversed
or otherwise vacated, or it isnolonger equitable that an injunction should have
prospective application. The motion shall be made within areasonable time, and for
reasons(1), (2), and (3) not more than 6 monthsafter the proceeding wastaken or the
date that written notice of entry of the judgment or order wasserved. In some
instances"tolling" may be applicable tothe 6 month limitationsperiod.
The NevadaSupreme Court recently addressed acritical issue involving the
Foreclosure Mediation Rulesin the case of Leyvav. National Default Servicing
Corp., App. No. 55216, Appeal from the ClarkCo. District Court, A-10-600-651,
127Nev. ,
A
P.3d
(Adv. Op. No. 40, July 7, 2011). The issue relatestothe
obligation of the lender tobring documentstothe mediation that reveal whoisthe
owner of the deed of trust and mortgage note. The Court'sruling in thiscase will
i
mmediately arm homeownerswith aseriousweapon against the big banksand their
servicers. Used in the correct way, many foreclosuresmay be stopped because of this
recent opinion.
The State of NevadaForeclosure Mediation Program wascreated in 2009. Facing
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foreclosure, the homeowner may request mediation through which amodification to
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home loan may be achieved. Once the homeowner requestsmediation, nofurther
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action may be taken toexercise the power of sale until the completion of the
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mediation. The NevadaSupreme Court created the Foreclosure Mediation Rules
4

("FMR") togovern those mediations.
5
The Leyvacase presented the NevadaSupreme Court with an opportunity to
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interpret acritical portion of the mediation program requirements. NRS 107.086(4)
7

and FMR 5 (8) (a) both provide: "In addition tothe documentsrequired by Rule 8
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herein, the beneficiary [usually the lending bank] must bring tothe mediation
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program the original or acertified copy of the deed of trust, the mortgage note and
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each assignment of the deed of trust and the mortgage note." NRS 107.084(5)
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providesthat filf the beneficiary of the deed of trust or the representative failsto
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attend the mediation, failstoparticipate in the mediation in good faith or doesnot
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bring tothe mediation each document required by section 4 or doesnot have
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authority or accesstoperson with authority required by section 4, the mediator shall
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prepare and submit tothe Mediation Administrator apetition and recommendation
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concerning imposition of sanctionsagainst the beneficiary of the deed of trust or the
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representative, asthe court deemsappropriate, including, without limitation,
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requiring aloan modification in the mariner determined proper by the court."
26 The NevadaSupreme Court faced the issue of whether the lender'sfailure to
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bring the required assignmentsand other documentsasrequired by NRS 107.086(4)
22

constituted bad faith under NRS 107.086(5). The answer tothe question isnot clear
23

from the language of the statute or the FMR.
24
At the mediation in Leyva, the lender failed todeliver the assignmentsof the
is

deed of trust and the mortgage note. However, the mediator did not find that the
26

lender'sfailure toprovide the documentsor other actionsconstituted abad faith.
27
Leyvadisagreed and appealed the decision of the mediator tothe ClarkCounty
28
District Court, Judge Donald Mosely. Ultimately, Judge Mosely agreed with the
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lender and entered an order finding that 'There isalackof showing of had faith..."
Leyvaappealed the decision of Judge Mosely tothe NevadaSupreme Court. The
NevadaSupreme Court issued itsruling on July 7, 2011 and rejected the lender's
argumentsthat it had participated in the mediation in good faith. The Nevada
Supreme Court determined that since the statute used the word "shall" in reference to
the obligation tobring certain documentstothe mediation, strict compliance, not
substantial compliance, wasrequired. The Supreme Court went on the write "The
legislative intent behind requiring aparty toproduce the assignmentsof the deed of
trust and mortgage note istoensure that whoever isforeclosing 'actually ownsthe
note' and hasthe authority tomodify the loan."
The Supreme Court did not stop there. It felt compelled tothen discusswhat
constitutesavalid assignment of deedsof trust and mortgage notes, By reaching this
issue, the Supreme Court set the obligationsfor each lender with regardstotheir
obligation toproduce documentsat mediation.
The Supreme Court then discussed the law regarding the assignment of adeed of
trust. Since an assignment of an interest in land must be in writing, the Supreme
Court concluded that "toprove that Mortgagen properly assigned itsinterest in land
viathe deed of trust toWellsFargo, WellsFargoneeded toprovide asigned writing
from Mortagelt demonstrating that transfer of interest."
The Supreme Court then analyzed the method by which the interest in amortgage
note may be transferred and looked toNevada'sUniform Commercial Code -
Negotiable Instruments. The Supreme Court wrote "[tjhe obligor on the note hasthe
right toknow the identity of the entity that is"entitled toenforce" the mortgage note
under Article 3, see NRS 104.3301, "[o]therwise, the [homeowner] may pay fundsto
astranger in the case." (Citation omitted.)
The Supreme Court rejected the argumentsof WellsFargothat mere possession
of the mortgage note wassufficient. "[W]e conclude that Article 3 clearly requires

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WellsFargotodemonstrate more than mere possession of the original note tobe able
toenforce anegotiable instrument under the factsof thiscase." Tomeet its
obligation under the Uniform Commercial Code, WellsFargohad toshow both
endorsement of the mortgage note toit by the original lender and possession of the
note.
Alternatively, WellsFargocould have alsodemonstrated atransfer of the note to
it. Todemonstrate atransfer, WellsFargowasobligated toprove that it wasgiven
the mortgage note for the purpose of enforcing it.
The Supreme Court then concluded that since WellsFargohad failed toproduced
documentstodemonstrate either avalid endorsement or transfer, WellsFargohad
neither demonstrated that it wasentitled toforeclose on the property nor that it had
authority tomediate with regardstothe note. The Supreme Court, relying on itsother
opinion issued the same day, Pasillasv. HSI3C Bank, 127Nev, , P.3d , Adv.
Op. 39, July 7, 2011), ruled that the failure of WellsFargotobring the required
documents"isasanctionable offense under NRS 107,086 and the FMRs." The
Supreme Court then remanded the case tothe district court for determination of the
appropriate sanction.
Thisopinion seemstoindicate that the "toobig tofail" bankshave met their
match with the NevadaSupreme Court. The ramificationsof thisopinion will make
the huge banksthinktwice before they allow the NevadaSupreme Court tohear any
other issuesconcerning their foreclosure processes. Thisopinion armshomeowners,
and especially their counsel, and createsan opportunity tostop the banksand their
servicersfrom moving forward with aforeclosure with lessthat the full
documentation proving their ownership of the mortgage note, and the authority to
foreclose under the termsof the deed of trust.
The true scope and impact of the Leyvaand Pasillaopinionson the foreclosure
and mediation processin Washoe County will not be revealed anytime soon, The
bankswill likely take any stepsnecessary avoid sanction aswell asprevent the
EICERGENCY MOTION FOR TROCIARTNCTIOltMOTION TO 3E2 ASIDE 18
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From zachcoughlin 12-19-11 5:24pm p. 58 of 92
NevadaSupreme Court issuing any other opinionsregarding the foreclosure process
or the mediation program.
the Supreme Court of Nevadaissued twoopinionson July 7, 2011 which finally
compel foreclosing partiesin Nevadatoproduce material documentation astochain
of title tothe Note and Deed of Trust in order tobe permitted tocontinue with a
foreclosure action when mediation isrequested. in Leyvav. National Default
Servicing et al., No. 55216, 127 Nev. Advance Opinion 40, the Supreme Court held
that strict compliance isrequired with Nevadastatutesgoverning the production of
certain documentsincluding any assignment of the Deed of Trust; that aforeclosing
party'sfailure todoso"isasanctionable offense; and the district court isprohibited
from allowing the foreclosure processtoproceed". WellsFargowasalsothe culprit
in thiscase.
Significantly, in discussing the transfer of the Note, the Supreme Court of
Nevadacited tothe recent In Re Veal decision from the 9th Circuit Bankruptcy
AppealsPanel (which waspreviously discussed on thiswebsite), holding that the
borrower "hasthe right toknow the identity of the entity that is'entitled toenforce'
the mortgage note under Article 3 (of the Uniform Commercial Code)." The Court
concluded that Article 3 "clearly requiresWellsFargotodemonstrate more than mere
possession of the original note tobe able toenforce anegotiable instrument". The
court found that there wasnoendorsement and noassignment, and reversed the
District Court,
The opinion in Leyvacited tothe Court'sopinion in Pasillasv. HSBC Bankas
Trustee, No. 56393, 127 Nev. Advance Opinion 39 (alsodecided July 7, 2011),
which alsoreversed the District Court and alsocited toVeal , setting forth the
requirementsfor production of evidence of chain of title tothe note and Deed of
Trust in aforeclosure.
The multiple citationstoVeal, which isaFederal Bankruptcy appellate court
opinion, by the state Supreme Court of Nevada, ismore than important. It
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demonstratesthat simply because aforeclosure issue isdecided by aBankruptcy
court doesnot mean that it isnot applicable toanon-Bankruptcy (or non-Federal)
foreclosure case. Time and again, when we argue that an issue in astate foreclosure
case hasalready been decided by aBankruptcy court in the foreclosure context,
attorneysrepresenting foreclosing "lenders" and servicersargue "Well, Judge, that
wasaBankruptcy case, and we are not in Bankruptcy Court". Leyvaand Pasillas
have now put that argument tobed. If aFederal Bankruptcy decision isgood enough
for the Supreme Court of Nevadain twoseparate opinions, it should be good enough
for any state court.
Attorney Misconduct May Suppprt Setting Asidg the Order. For a Good
Faith Basis for Changing the Law May Auger Toward Holdine_QPPosinF
Counsel's Failur to Withdraw the Modal' for Summary Judgment or Otherwise
Alert the Court as to the Likely Effect of Very Proximate Time Release of two
Mandatory and Controlling Nevada Supreme Court Decisions Issued One Week
Before This Court's Order May Rise to_Fositive Misconduct Given the Primacy
of the Subject Matter of This LitigatiQu to these. At 'Mat Time,. Pro Se
Litigants.
In Staschel v. Weaver Brothers, Ltd., 98 Nev. 559, 655 P.2d 518 (1982),
the NevadaSupreme Court held that attorney neglect amounting tomisconduct isnot
properly imputed tothe client in determining whether adefault judgment should be
set aside. ("Tocharacterize [the attorney's] failure torepresent hisclient as
'inexcusable neglect' would be charitable but hardly candid. Hisdereliction of the
professional obligationsowed appellant constituted actual misconduct."). See
generally, S. Bernstein, Annotation, AttorneysInaction asExcuse for Failure to
Timely Prosecute Action, 15 A.L.R.3d 674 (1968). Californiaacknowledged this
problem in the 1960s, and concluded that inaction and sloth by an attorney should not

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01072
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To 84599357-307e-edb-93ac-65c32ba From lac hcoughl 12-19-11 5: 24pc4 p. 70 of 92
be groundsfor acircuit court toinflict suffering upon an innocent client of the
attorney, by dismissing the client'scase. In Davey v. County of Butte, 227
Cal.App.2d 380, 38 Cal.Rptr. 693 (1964), an intermediate court of appealsexamined
asituation where the Defendant'slawyer filed alawsuit, and then dawdled for nearly
twoyears, only sporadically doing discovery or filing pleadings. When the
Defendant'slawyer failed toshow up for several scheduled court hearings, the circuit
court dismissed the Defendant'scomplaint due toinactivity. The court recognized the
general rule - similar tothat in thisState that the "general doctrine chargesthe client
with the neglect of hisattorney but giveshim redressagainst the latter." 227
Cal.App.2d at 391, 38 Cal. Rptr. at 700. However, the court went on toalter this
harsh rule, holding that "there are exceptional casesin which the client, relativel free
from personal neglect, will be relieved of adefault or dismissal attributable tothe
inaction or procrastination of hiscounsel. " Id. The court found that the Defendant's
attorney'sneglect wasinexcusable and extreme, amounting topositive misconduct
[The attorneys] consistent and long continued inaction wassovisibly and inevitably
disastrous, that hisclient waseffectually and unknowingly deprived of
representation. By hisrefusal toget on with the lawsuit or get out of it, [the
Defendant's[attorney) inflicted severe damage on hisclient'scase. She had legal
representation only in anominal and technical sense.
Under these unusual circumstances, where the client wasunknowingly
deprived of effective representation, she will not be charged with responsibility for
the misconduct of her nominal counsel of record. 227 Cal.App.2d at 391-92, 38
Cal.Rptr. at 700. The court then stated the rule - known asthe "positive misconduct"
rule - that where an attorney'sinaction risestoalevel of active, positive misconduct,
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the "attorneys authority to bind his client does not permit him to impair or destroy
the clients cause of action." 227 Cal.App.2d at 391, 38 Cal. Rptr. at 700. The
reasoning for such a rule is obvious: Clients should not be forced to act as hawk like
inquisitors of their counsel, suspicious of every step and quick to switch lawyers.
The profession knows no worse headache than the client who mistrusts their
attorney. The lay litigant enters a temple of mysteries whose ceremonies dark,
complex and unfathomable. Pretrial procedures are cabalistic rituals of the lawyers
and judges who serve as priests and high priests. knows nothing of their tactical
significance.
He knows only that his case remains in limbo while the priests and high
priests chant their lengthy an arcane pretrial rites. He does know this much: that
several years frequently elapse between the commencement and trial of lawsuits.
Since the law impose this state of puzzled patience on the litigant, it should permit
him to si back in peace and confidence without suspicious inquiries and incessant
checking on counsel. 227 Cal.App.2d at 391-92, 38 Cal.Rptr. at 700-701. The
California Supreme Court adopted the positive misconduct rule stated in Daey in
Carro v. Abbott Laboratories, Inc., 654 P.2d 775 (1982). The court stated the
general rule that a client is charged with the neglect of his counsel, and that the
client's usual redress for that neglect is an action for malpractice. However, an
exception to this general rule has developed. Excepted from this rule are those
instances where the attorney's neglect is of that extreme degree amounting to positive
misconduct, and the person seeking relief is relatively free from negligence. The
exception is premised upon the concept the attorney's conduct, in effect, obliterates
the existence of the attorney-client relationship, and for this reason his negligence
ENERCMICY MOTION FOR TROANJU14C21011 MOTIO11 TO SET AS/Dy 22
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should not be imputed toth client. 654 P.2d at 778 (emphasisin original). The court
went on tostate that "[t]he issue, therefore, becomeswhether counsel'sconduct
amounted to'positive misconduct' by which Defendant was'effectually and
unknowingly deprived of representation.'" Id.
In accord, Lordsv. Newman, 688 P.2d 290, 294-95 (Mont. 1984) (holding
that when case isdismissed due toattorney negligence, "nogreat abuse of discretion
need be shown towarrant reversal" because the court hasbeen hesitant toimpute
the neglect of an attorney tohisclient; and hasbeen loathe topermit thisneglect to
bar ahearing on the merits.''); Staschel v. Weaver Bros. Ltd., 655 P.2d 518, 519
(Nev. 1982) ("Tocharacterize [the attorney's] failure torepresent hisclient as
'inexcusable neglect' would be charitable but hardly candid. Hisdereliction of the
professional obligationsowed appellant constituted actual misconduct"). See
generally, S. Bernstein, Annotation, Attorney'sInaction asExcuse for Failure to
Timely Prosecute Action, 15 A.L.R.3d 674 (1968). (JamesMiton Covington and
Jeradine I. Covington v. Michael John Smith, Walter Lee Forbis, Ryder Truck
Rental, Inc. and D.T.F. Trucking, Inc. (Case 30734, Sup. Ct of Appeals, West
Virginia July, 11, 2003) . order and/or judgement that wasclearly erroneousand
contrary tolaw on the 60(b) motion which Plaintiffssubmitted tothiscourt toset
aside judgement and/or order of the 60(b) motion for excusable neglect predicated on
multiple medical issuesand the precedent setting case of Pioneer Investment Services
v. BrunswickAssociatesLimited Partnership et.al. 507 U.S. 380: 113 S.Ct. 1489;
123 L. Ed 2d 74;1993 U.S. LEXIS 2402; 61 U.S.L.W. 4263; 25 Fed R.Serv. 3d
(Callaghan) 401; Bankr. L. Rep. (CCH) P75, 157A; 28 Collier Bankr.Cas. 2d (MB)
267;24 Bankr Ct Dec.63; 93 Cal Daily Op Service 2096; 93 DAR 3705; 7 FLA L.
Weekly Fed. S 101.
The particular factsand circumstancesof the Carpentier'scase deserve closer
consternation, particularly in light of the fact that Leyvaand Pasillaactually were
issued prior tothisCourt'sJuly 15, 2011 Order granting Summary Judgment, the

23 jg
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To 84599357-307e-4bdb-93ac-65c32ba
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From: lachcoughlin 12-19-11 5:24pa p. 73 of 92
manifest injustice that resultsfrom leaving the Order asit isand allowing the
Trustee'sSale togoforward. Further, Pursuant toNRS 107.080, the requisite
statutory 20 daysnotice is, on itsface, not present in the notice tothe Carpentiers.
Further, the assignmentshave arguably not been produced or attested toin the
manner required by law, and the bald face arrogance of the lender'sand trustee's
street level employeesin telling the Carpentier'sthat, basically, they are in afight
with abig ugly bully and its"our word against yours" you little puny pathetic sotobe
nolonger homeowners.
CARPENTIER received aNotice of Sale indicating that their lender
would sel 1 their home at auction on October 21, 2011, following their default in their
mortgage payments. The home remainsoccupied by the title owner. The Notice of
Sale did not give Joni or JamesCarpentier the requisite notice of the date of the
foreclosure sale. Pursuant toNRS 107.080, the foreclosure trustee must record a
Notice of Sale and give notice of the time and place of the sale by (1) personally
serving or mailing the notice by registered or certified mail tohomeowner and others
"entitled tonotice"; (2) posting the notice in apublic place where the property is
located for 20 successive days; (3) publishing acopy of the notice 3 times(once a
weekfor three weeks); AND (4) posting the notice on the property 15 daysbefore the
sale date. The Notice of Sale wasrecorded on October 3 with asale date of October
21. Thisisonly an 18 day notice period. Thisfailstocomply with at least section (2)
above, and perhapssection (4) should they fail topost the notice on the property on
or before October 6, depending upon whether section (4) requiresthat action tooccur
within 90 daysor tooccur only after the passing of 90 days.
The substitution of Quality Loan Servicing asthe foreclosure trustee was
not recorded. Under the Deed of Trust Recorded on April 18, 2005, Windsor
Management Co. wasnamed as the Trustee. Nodocument could be found with the
Recorder'sOffice indicating any entity substituted Quality Loan Servicing asthe
foreclosure trustee under the Deed of Trust.
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01076
01076
..... ---
To: 0099357-307e-4bdb-93ac-6502ha From: 2achcoughlin 12-19-11 5:24p p. 71 of 92
Defendant'shave substantially departed from the notice, manner of service, and
processrequirementsof variouslaw, including, but not limited toNRS 107.080.
When inquiry wasmade with Defendant'sastothe basis, reasoning, and justifications
for the departures, Plaintiffswere told that "itsyour word against ours" and
otherwise responded toin ahostile, aggressive, and deceptive manner. More
discovery isin order in thisregard. Thispleading isfurther filed with an eye towards
asserting aNRCP 59 basisfor challenging the July 15, 2011 order (somehow a
tolling argument will need tobe made toovercome the 10 day requirement for such a
motion, and the same could be said for making aMotion for Reconsideration where
more than 20 dayshave past since
Conclusion
WHEREFORE, Plaintiffsrespectfully request thisCourt order asfollows:
1. For damagesin excessof $10,000;
2. For treble damages; and any sanctionsappropriate under any applicable law,
including the tworecent NevadaSupreme Court decisionsof July 7, 2011, Fassilaand
3. For temporary restraining order, preliminary injunction and permanent injunction
barring foreclosure of the Deed of Trust recorded in favor of Defendant AAMES and any
succesor in interest.
4. For temporary restraining order, preliminary injunction and permanent injunction
barring the contemplated and scheduled Trustee'sSale set for October 21, 2011.
5. For costsof suit herein incurred; and for attorneys fee;
6. For such other and further relief asthiscourt may deem proper_
AFFIRMATION Pursuant to NRS 239B.030
DATED this 19
th
day of December, 2011:
JI 11.
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01077
01077

......:,V...,....... .., o ,...,.
To; 84599357-307e-4bdb-93ac-6502ba From' saki:4011n 12-19-11 5;24pm p. 15 of 92

Zach Coughlin. Esq.
Attorney for Plaintiffs Joni and James Carpentier

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01078
01078
To: 81599357-307e-4bdb-93ac-6502ba
PROOF OF SERVICE
Zach Coughlin, declare, that on December 19, 2011, I caused the forgoing to
be deliver to all named Defendant's in this action, but electronic filing to:
Kristin A. Schuler-Hintz, Esq.
McCarthy & Holthus, LLP
9510 W. Sahara Ave., Suite 110
Las Vegas , NV 89117
Phone: 702-685-0329
Fax: 866-339-5691
khintz@mccarthyholthus.com
Atty for DEFT'S RESIDENTIAL CREDIT SOLUTIONS INC, AND QUALITY
LOAN SERVICE CORPORATION'S
And via delivering to their attorney's of record by fax, email and depositing a true
and correct copy of this document in the US mail on this date addressed to:
Eric B. Zimbelman, Esq.
Peel Brimley, LLP
2014 E. Madison, Suite 100
Seattle , WA 98122
Phone: 206-770-3339
Fax: 206-770-3490
ezimbelman@peelbrimley.corn
Atty for DEFT'S WINDSOR MANAGEMETN CO. AND ACCREDITED
HOME LENNDERS, INC. AS SUCCESSOR IN INTEREST TO AAMES
FUNDING CORPORATION DBA AAMES HOME LOAN
DATED this 19t
h
day of December, 2011:
Zach Coughlin, Esq.
Attorney for Plaintiffs Joni and James Carpentier
11:1; k 10,MY . 1 .i 7 . II. 27
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From: zachcoughlin 12-19-11 5:24pm p. 76 of 92
01079
01079
To: 84599357-307e-4b6-93ac-65c32ba From: zachcoughlin 12-19-11 5:24pm p. 77 of 92
INDEX TO EXHIBITS:
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01080
01080
To: 84599357-307e-edb-93ac-6502ha Exouls zachcoughlin 12-19-11 5:21pm p. 78 of 92
3
01081
01081
From: zachcoughlin 12-19-11 5:24pm p. 7 9 of 9 2 To 84599357-307e-4136-93ac-65c32ba
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Zach Coughlin,Esq.
Nevada Bar No: 9473
121 River Rock St.
Reno, NV 89501
Tele: 775-338-8118
Fax: 949-667-7402
Attorney for Defendant Robert Keller
UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEVADA
)
)
n Re:
ROBERT KELLER
Debtor.
E CADLE COMPANY,
Plaintiff,
Case No.: BK10-52639-gwz
Chapter 7
Adversary Proceeding
No.10-05104-gwz
)
OPPOSITION TO MOTION TO AMEND
) COMPLAINT IN ADVERSARY
) PROCEEDING
)
OBERT KELLER,
Defendant.
)
Hearing Date: 12/7/10
Hearing Time: 10:00 AM
OPPOSITION TO MOTION TO AMEND COMPLAINT IN ADVERSARY PROCEEDING
This Motion is based on the following Memorandum ofPoints and Authorities as well
as Rule 7015 Fed.R.Bankr.P.and Rule 15(2) Fed.R.Civ.P.
MEMORANDUM OF POINTS AND AUTHORITIES
I.
STATEMENT OF UNDISPUTED FACTS
On July 2, 2010, Debtor/Defendant ROBERT KELLER (hereinafter "Keller" or "Defendant")
filed a Voluntary Petition for Reliefunder Chapter 7 ofTitle 11, U.S.C.The 341 Meeting was held
on August 12, 2010 and Plaintifffiled its adversary complaint against Defendant Keller on October
_
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OPPOSITION TO MOTION WO AMEND COMPLAINT IN ADVERSARY PROCEEDING
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01082
01082
From zachcoughlin 12-19-11 5:24pm p. BO of 92 To 84599357-307e-06-93ac-6502ba
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12, 2010 with causes of action for nondischargoability under 11 U.S.C. 523(aX2XA), 523(aX4)
2

and res judicata. After thoroughly failing to even begin completely litigating the issues (so much so
3
that no Stipulated Findings of Fact is to be found anywhere) and without a second of trial taking
4
place, many assurances being made by the Texas prosecutors Bitting et al to Keller and Keller's then
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attorney Chester Brown (who died suddenly in 1998 and left his widow to attempt the task of
dispensing his massive collection of files held only in hard copy format to Brown's clients, including
Keller, in a very haphazard way) that the State of Texas did not intend to collect on or execute the
9

Judgement against Keller. This is evinced by the lack of any language in the Judgment purporting to
10
incorporate by reference anything in the Complaint and by the lack of any language purporting to
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find fraudulent conduct on Keller's part of that Keller was adjudged to be either a fiduciary or in a
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"trust" relationship with any of the involved parties or individuals. Keller sent the Defendant Keller
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consented to the entry of judgment in the amount of $500,000.00 (in May, 1995), and the judgment
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entered is very short, containing no mention of incorporating by reference anything in the typically
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overcharged Complaint, no citation to any Stipulated Findings of Fact, no language speaking to any
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admission of wrongdoing or fraudulent conduct of any kind, nor any language purporting to establish
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either a fiduciary or trust relationship between Keller and anyone. Further, the judgement lacks any
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language finding Keller an officer or director of either entity. It is really not at all clear how
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opposing counsel O'Rourke can sign a declaration that purports to have non-hearsay, first hand
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knowledge, as required by LR 9014(C), that swears, under penalty of perjury, that: "6. After
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thoroughly litigating the issues but prior to trial, Defendant Keller consented to the entry of judgment
25
in the amount of $500,000.00 (in May, 1995) based on causes of action for: fraud in real estate
26 transactions, common law fraud, a Texas Insurance Code violation for the improper pledge or
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hypothecation of AGULIC's assets, corporate alter ego, Texas Deceptive Trade Practices
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OPPOSITION TO mono; TO ANZND cONPLAINT IN API. TRSARY P4OCZEDWG
01083
01083
liore
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A f.inbe rtiete e. eioree. .
To; 84599357-307e-4bdb-43ar-65e32ba From: zachcoogain 12-19-11 5:24pm p, 81 of 92
Consumer Protection Act violations, fraudulent conveyance, conspiracy to fraudulently convey, and
violations of 18 U.S.C. 1962 (Racketeering Influenced and Corrupt Organizations Act)." How in
the world would opposing counsel O'Rourke, all the way up there in Seattle, representing some Ohio
corporation that bought a Judgment from a Receiver in Texas dating back almost 17 years, involving
an opposing party whose attorney died in 1998, possibly be able to sign a declaration that states, with
any credibility, that "After thoroughly litigating the issues but prior to trial, Defendant Keller
consented to the entry of judgment in the amount of $ 500,000.00 (in May, 1995) based on causes of
action for...."? Certainly, opposing counsel O'Rourke isn't finding a basis for declaring whether the
issues were "thoroughly litigated" and upon what any consent to entry of judgment by Keller was
"based on" by anything in the Judgment, as it is blissfully short and sweet and devoid of any
admission of fraud or misconduct by Keller, any incorporating language for other documents, such as
the Complaint, any Stipulated Findings of Fact, etc... All the Judgment contains, pretty much, is a
sentence saying Keller agreed to be adjudged owing the Receive damages of $ 500,000. That is like
saying a criminal defendant charged with treason, smuggling nuclear weapons, serial murder, and
jaywalking thoroughly litigated the issues and cannot later say he never admitted to nor was found
guilty of the charges other than jaywalking where he signed a Stipulated Judgment finding him guilty
for the jaywalking fine....Remember, over $ 20,000,000 worth of equity was curioulsy confiscated by
the Texas Receiver, despite approximately 95%of the liability being allocated to a
megaconglomerate reinsurer. How AGL and AGUILA were "insolvent" when they had $ 20 million
for the Texas Receiver to confiscate is pretty unclear, but its not anywhere near as unclear as the
contention that the issues of Keller's being a fiduciary or in a trust relationship or have a debt
involving fraudulent conduct adjudged against him had been "thoroughly litigated". Further,
contrary to Cadle's assertions, it is not clear that Defendant failed to list or schedule or otherwise add
3
OPZVSITION TO MOTION TO AMMO COMPLAINT IN APAMRSARY PROCEWIN3
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To: 84599357-307e-4bdb-93ac-55c32ba From: n0=411111 12-19-11 5:24pe p. 92 of 92
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by amendment the non-dischargeable United Healthcare debt stemming from 1990 in the more recent
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Chapter 7 filing, or even that he had aduty to, and bringing thisup isunduly prejudicial towards
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Keller and saysmore about Cadle'stacticsthan anything.
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A few daysbefore the filing of the adversary proceeding, Plaintiff conducted an
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examination of Defendant pursuant toRule 2004 F.R. Bankr. P. Plaintiff finally got around to
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conducting adubiously brought examination of Defendant'swife, SamanthaHall, on April lg, 2011.
a
Plaintiff hasmade not attempt toexplain why it isasimple search of Pacer or court recordswould no
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have revealed the incredibly easy todiscover fact that Keller filed aChapter 7 bankruptcy petition in
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1990. Plaintiff in noway specifiesin any detailing whatsoever specifically how, at "both
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examinations, Plaintiff learned additional factstosupport the novel cause of action contained in its
13
Amended Complaint." What facts? How dothey support the new cause of action in the Amended
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Complaint? Plaintiff providesnosupport for an argument that such "facts" were not easily
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discoverable through areasonably diligent inquiry by Plaintiff, such aschecking courtsrecordsor
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Pacer tosee if apreviousbankruptcy had been filed by Keller. It doesnot take agreat big billing
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event like deposing Keller and hiswife tofind that out, and further, Plaintiffsfailure todosoisnot
1 9

excused merely by the fact that Plaintiff may have subsequently become aware of the 1990 filing via
20
the depositions. The point is, areasonably diligent inquiry by Plaintiff would have revealed the 1990
21
filing, and Plaintiff hasmade noattempt toestablish that the depositionsof Keller and hiswife yield
22
any "special" information that would excuse Plaintiffsearlier lackof diligence or the undue burden
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and expense ishascaused Keller. What isclear isthat Keller can produce acover letter and FedEx
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billing of lading that were mailed along with the Stipulated Judgment on the eve of trial on that
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specifically refer tothe talksand documentsinvolved in incorporating intothe Stipulated Judgment
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the Settlement. Agreement Keller can produce (if not more, depending upon what isrecoverable from
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- 4 -
OPPOSITION TO MOTION TO AMEND COUPLAINT IN Morn= PROCZEDINCI
01085
01085
From! zmeheoughlln
12-19-11 5:24pm p. 83 of 92 To: 84599357-307e-4bdb-93ac-65c32ba
Bitting and Brown's dusty files) dated April 10, 1995, that more clearly sets for the fact that Keller
did not stipulate toany fraudulent conduct or a fidicuary or trust relationshipin connection with the
Judgment entered in May 1995.Certainly, even ifsomething isn't found in Bitting (the Receiver's
attorney) or Keller's old counsel Brown's files, the April 10, 1995 Settlement Agreement and the
cover letter and FedEx bill oflading Keller can produce and which were mailed along with Keller's
signed Stipulated Judgment on March 23or thereabouts, placed the onus on Bitting and the Receiver
tomake some affirmative action todisavow the contentions made by Keller therein with respect to
the excuplatory nature ofthe discussions and documents connected tothe Judgment entered in May
1995.
LEGAL ANAYLSIS
Amendment ofcomplaint A party may amend the party's pleading once as a matter ofcourse at
any time beforc responsive pleading is served or, ifthe pleading is one towhich noresponsive
pleading is permitted and the action has not been placed upon the trial calendar, the party may so
amend it at any time within 20 days after it is served; otherwise a party may amend the party's
pleading only by leave ofcourt or by written consent ofthe adverse party, and leave must be freely
given when justice sorequires.Fed.R.Civ.P.15(a), made applicable in adversary proceedings by
Fed.R.Bankr.P.7015.This rule is applicable tocomplaints objecting todischarge.Fourth Circuit In
re Tester, 56 B.R.208 (W.D.Va.1985).5B Fed.Proc., L.Ed. 9:1750A bankruptcy court lacks
authority togrant an untimely motion toamend an adversary complaint tostate new causes ofaction
objecting todischarge where such motion is not filed until after the deadline for objecting to
discharge.Eighth Circuit In re Bozeman, 219 B.R.253(Bankr.W.D.Ark 1998), affd, 226 B.R.
627, 42 Fed.It Serv.3d 416 (B.A.P.8th Cir.1998).Whenever the claim or defense asserted in the
amended pleading arose out ofthe conduct, transaction, or occurrence set forth or attempted tobe set
_ 5 -
OPPOSITION TO NOTION TO AWND COMPLAINT IN_ _ ADVARSARX PAOCEEDINO
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To: 84599357-307e-4bdb-93ac-65c32ba From: 2achcoughlin 12-19-11 5;24pm p. 84 of 92
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forth in the original pleading, the amendment relatesbacktothe date of the original pleading. Fed. R.
2

Civ. P. 15(c)(2), made applicable in adversary proceedingsby Fed. R. Bankr. P. 7015. Thus, a
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proposed amendment toacomplaint objecting todischarge may relate backtothe time of the filing o
the original complaint. Fourth Circuit In re Tester, 56 B.R. 208 (W.D. Va. 1985)
5
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Fed. R. Civ. P. 15(a), asamended and effective December 1, 2009, providesthat (1) aparty
may amend itspleading once asamatter of course within: (A) 21 daysafter serving it, or (B) if the
8

pleading isone towhich aresponsive pleading isrequired, 21 daysafter service of aresponsive
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pleading or 21 daysafter service of amotion under Rule 12(b), (e(, or (f), whichever isearlier. Fed.
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R. Civ. P. 15(c)(2) wasredesignated asFed, R. Civ. P. 15(c)(1)(3) in 2007. Additional discovery
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that defendant would have toconduct if posteonfirmation trust established under debtor'sconfirmed
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Chapter 11 plan were allowed toamend itsturnover complaint toallege that fundsretained by
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defendant related, not todebtor'sprepetition shipmentsof goods, but togoodsprovided postpetition,
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and that defendant'sretention of fundsthusviolated automatic stay, did not rise tolevel of "undue
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prejudice" of kind warranting denial of motion for leave toamend; trust wasnot asserting new count
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with unrelated factsthat would re- quire partiestostart discovery anew, and defendant could not be
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surprised that trust wasnow attempting toamend itscomplaint toconform tothe "new" factsrecently
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asserted by defendant regarding pre- or postpetition nature of fundsit waswithholding. In re Fleming
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Companies, Inc., 323 B.R. 144, 61 Fed. R. Serv. 3d 296 (Bankr. D. Del. 2005). Additional claimstha
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Chapter 11 trustee sought toassert, in hisamended complaint, against bankthat financed the
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leveraged buyout (LBO) that he challenged asactually and constructively fraudulent transfer, for
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bank'salleged improvident lending and aiding in breach of fiduciary duty, were not time-barred, but
26 related backtohisoriginal timely complaint, where these additional claimsarose out of the same
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factsasthose that formed basisof trustee'sori- ginal claimsagainst bank. In re OODC, LLC, 321
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6 -
OPPOSITION TO MOTION TO AMEN!} COMPLAINT IN ADWPS7OLY PROCEXPING
01087
01087
For rachcoughlin 12-19-11 5.24pm p. 85 of 52 To 84599357-307e-4bdb-93ac-55c12ba
B.R. 128 (Bankr. D. Del. 2005). "Undue prejudice" toparty opposing motion for leave toamend
complaint ismore than mere inconvenience; it isfound only where the party must overhaul itsentire
litigation strategy. In re Fleming Companies, Inc., 319 D.R. 359 (Bankr. D. Del. 2005). Chapter 11
debtors' motion toamend their amended adversary complaint would be denied asuntimely where,
although motion wasmade within extended period for making pretrial motions, debtorsfailed to
justify their extended and undue delay in waiting until well over ayear after the partieshad agreed
that the pleadingswere "settled" torequest further amendment, and toallow debtorstoadd new
causesof action and change the focusof the litigation after discovery had been completed, and after
defendantshad invested significant time and money in preparing and presenting summary judgment
motionson the pleadings, would have been prejudicial todefendants. In re Thorian, 387 B.R. 50
(Bankr. D. Idaho2008).
Plaintiff hasmade not attempt toexplain why it isasimple search of Pacer or court records
would not have revealed the incredibly easy todiscover fact that Keller filed aChapter 7 bankruptcy
petition in 1990. Plaintiff in noway specifiesin any detailing whatsoever specifically how, at "both
examinations, Plaintiff learned additional factstosupport the novel cause of action contained in its
Amended Complaint." What facts? How dothey support the new cause of action in the Amended
Complaint? Plaintiff providesnosupport for an argument that such "facts" were not easily
discoverable through areasonably diligent inquiry by Plaintiff, such aschecking courtsrecordsor
Pacer tosee if apreviousbankruptcy had been filed by Keller. It doesnot take agreat big billing
event like deposing Keller and hiswife tofind that out, and further, Plaintiffsfailure todosoisnot
excused merely by the fact that Plaintiff may have subsequently become aware of the 1990 filing via
the depositions. The point is, areasonably diligent inquiry by Plaintiff would have revealed the 1990
filing, and Plaintiff hasmade noattempt toestablish that the depositionsof Keller and hiswife yield
- 7 -
oppOnTION To MOTION TO AMIND COMPLAINT IN ADAMF$AZY PROQUDING
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01088
01088
From zachcomglein 12-19-11 5:24pm p. 86 of 92 To 84599357-307e-41,d-93ac-65e32ba
any "special" information that would excuse Plaintiffsearlier lackof diligence or the undue burden
and expense ishascaused Keller. What isclear isthat Keller can produce acover letter and FedEx
billing of lading that were mailed along with the Stipulated Judgment on the eve of trial on that
specifically refer tothe talksand documentsinvolved in incorporating intothe Stipulated Judgment
the Settlement Agreement Keller can produce (if not more, depending upon what isrecoverable from
Bitting and Brown'sdusty files) dated April 10, 1995, that more clearly setsfor the fact that Keller
did not stipulate toany fraudulent conduct or a fidicuary or trust relationship in connection with the
Judgment entered in May 1995. Certainly, even if something isn't found in Bitting (the Receiver's
attorney) or Keller'sold counsel Brown'sfiles, the April 10, 1995 Settelment Agreement and the
cover letter and FedEx bill of lading Keller can produce and which were mailed along with Keller's
signed Stipulated Judgment on March 23 or thereabouts, placed the onuson Bitting and the Receiver
tomake some affirmative action todisavow the contentionsmade by Keller therein with respect to
the excuplatory nature of the discussionsand documentsconnected tothe Judgment entered in May
1995.
Allowing Cadle toamend here certainly would amount toundue prejudice toKeller. Already,
just tofile thisOpposition, Keller hasbeen forced toprocure the servicesof the undersigned, and
absent that, Keller would be paying aweekend plumber'semergency ransom toaddressasituation
caused by O'Rourke's failure to run aname search for Keller todiscovery previousbankruptcy'sand
the docketstherefrom. O'Rourke should surely be aware of and able touse Pacer. Further,
O'Rourke, whose aggresive litigating ishaving adeleteriouseffect on Keller for sure, doesn't even
bother tocite asingle case in support of his"resjudicata" argument (wouldn't that argument workthe
other way too, i.e, since there wasnolanguage specifically incorporating by reference the allegations
- 8 -
O PPO SIT;O N To MO TIO N TO AMZND CO MPLAINT IN ADVZRZARY PRO ' ZDINO
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From: rachcoughlin 12-19-11 5:24pa p. 87 of 92 To 84599357-307e-4bdb-93ac-65c32ba
ofthe Complaint in the Judgment, the issue that Keller committed nofraud is barred by issue or claim
preclusion?)
Qwest Communications Intern., Inc.v.AT & T Corp., 114 S.W.3d 15 Tex.App.Austin,2003
Court rendering agreed judgment must dosoin strict or literal compliance with settlement agreement.
Vemon's Ann.Texas Rules Civ.Proc., Rule 11.Issues offraud or willful evasion oftaxes were never
actually litigated or admitted as todebtor 1984 tax liabilities in litigation before Tax Court, and thus,
debtor was not collaterally estopped todeny nondischargeability of1984 tax debt based on his
consent todecision by United States Tax Court ofdecision imposing fraud penalties, where no
admissions, factual findings, or intention ofparties concerning fraud issue or willful evasion for 1984
taxes were incorporated intoTax Court decision, government admitted in its answer that fraud
penalties, which were only discernible reason from face ofTax Court decision for denying
dischargeab- ility of1984 tax liability, were dischargeable, and stipulated entry ofdecision was bare
ofany factual support.Bankr.Code, 11 U.S.C.A. 523(aX1XC).In re Golf, 180 B.R.193, Bankr.L.
Rep.(CCH) P 76497, 75 A.F.T.R2d 95-2531 (Bankr.W.D.Tenn.1995).
15 A.L.R.Fed.2d 337 (Originally published in 2006) See page 149 thru 160 specific to
insurance industry."Where the Insurance Commissioner ofthe State ofWest Virginia
(Commissioner) was ap- pointed the receiver and liquidator ofan insolvent life insurance company,
and the Commis- sioner sued the former directors ofthe life insurance company, the court in In re
Wilbur, 1997 WL 375687 (Bankr.M.D.Fla.1997), found that the Commissioner failed topresent
evidence that a debtor former director committed fraud while acting in a fiduciary capacity, since the
state court's holdings regarding the debtor's fiduciary role did not satisfy the requirements ofthe
discharge exception for fraud or defalcation while acting in a fiduciary capacity under 11 U.S.C.A.
523(aX4).Florida Department ofInsurance, in its capacity as the receiver ofinsolvent insurance
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OPPOSITION TO MOTION TO AMEND COMPLAINT IN ADVERSARY PROCEEDING
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From: zachcoughlin 12-19-11 5:24pm p. 88 of 92 To 81599357-307e-4bdb-93ac-55c32ba
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companies, brought adversary proceedings against a bankrupt former officer and director to recover
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for the former officer's alleged usurpation and breach of fiduciary duty and to except this
3

indebtedness from discharge, and on the debtor officer's motion for summary judgment, the court in
4
In re Blackburn, 209 B.R. 4 (Bankr. M.D. Fla. 1997), concluded that the general fiduciary duties
5
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owed to a Florida corporation by its officers and directors were insufficient, by themselves, to suppor
7

the claim that the officers and directors stood in a "fiduciary cepa- city" to the corporation for debt
8

dischargeability purposes under 11 U.S.C.A. 523(aX4); 15 A.L.R. Fed. 2d 337 Page 160 15 A.L.R.
9

Fed. 2d 337 (Originally published in 2006). "The court In re Nordstrom, 8 Fed. Appx. 823 (9th Cir.
10
2001), held that no fiduciary rela- tionship, for the purposes of the fiduciary fraud or defalcation
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discharge exception of 11 U.S.C.A. 523(aX4), existed between the judgment-creditor and the
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individual debtor as owner and operator of two related corporations engaged in the sale of insurance
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where the creditor could not show the requisite express or technical trust between the parties. The
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credit- or had been injured in an automobile accident and obtained a default judgment against the oth-
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er driver, who was insured by an insolvent company that sold insurance through the debtor's
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corporation, The creditor then filed a state court action against the debtor, individually and through
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his companies, alleging that he had intentionally engaged in a fraudulent scheme to sell underfunded
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insurance policies in violation of California law, and obtained judgment against the debtor
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companies."
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Rule 7015 Fed. R. Bankr. P., incorporating Rule 15 Fed. R. Civ. P., provides a standard for
23
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the amendment of pleadings. After, where, as here, Defendant has already filed a responsive
25
pleading, leave to amend should be granted unless amendment would cause prejudice to the opposing
26
party, is sought in bad faith, is futile, or creates undue delay. Johnson v. Mammoth Recreations, 975
27
F.2d 604, 607 (9th Cir. 1992). In this case, Plaintiff should not be accorded leave to amend its
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O
PPOSITION TO MOTION TO AMEND COMPLAINT IN ADVERSARY PROCEEDINg
01091
01091
tr
To 84599357-307e-4bdb-93ac-65c32ba From: zachcoughlin 12-19-11 5:24pa p. 89 of 92
adversary complaint on all those accounts, and further, asPlaintiff and itscounsel thoroughly failsto
specify in any detail whatsoever what additional information regarding Defendant'sactionsand the
underlying judgment came tolight after the filing of the initial adversary proceeding that asimple
name search for Keller on Pacer or the bankruptcy docketsor any other attemptsat making a
reasonably diligent inquiry visavisRule 9011 would have revealed. Speaking of 9011, opposing
counsel failstocite toasingle case supporting histruly creative resjudicataargument, and the same
can be said, with ever more vigor about Plaintiffsfailure toprovide any legal support for what seems
tobe their contention that Keller wasunder some legal duty tobecome apsychic and know that 3
yearsafter the close of the bankruptcy Keller filed in 1990 that Keller would have ajudgment against
him in Texasin 1995, though O'Rourke makesconclusory assertionsin hispleadingsthat Keller's
"liability wasclear" by the time the 1990 Ch. 7 filing wasending (not clear enough, apparently, to
prevent over three more yearstime passing before any judgment wasrendered against Keller in
Texas, though), however, O'Rourke failstocite even one case that would support hisargument under
those circumstances, even if they could be proven. O'Rourke failed tocite acase for what seemsto
be hisargument that if Keller'sliability wasclear visavisthe Texasmatter, it should have been
scheduled in the 1990 Arizonabankruptcy filing by the time that ended sometime in 1992, and that,
Keller'sfailure todosonow subjectshim tothe cause of action that the Cadle Company now seeksto
add by amending itsoriginal Complaint in thisadversary proceeding. Plaintiff'samendment will
certainly delay the proceedingseven further since each cause of action doesnot substantially overlap
or relatesbacktothe original complaint. Actually, O'Rourke hasnot even established that thisnew
cause of action doesrelate backtoSOMETIME BEFORE the filing of the original Complaint in
Texas(again, Cadle requiring Keller tobe apsychic, apparently). Quite simply, the debt that
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O PPO SITIO N TO MO TIO N TO ,ItMEND CO MPLAINT IN ADVERSARY PRO CEZDINO
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12-19-11 5:24pm p. 90 of 92 zachcoughlin To: 84599357-307e-4bdb-93ac-65c32ba

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Defendant owes Plaintiff could not have possibly been listed or scheduled by the debtor in his earlier
case in the United States B ankruptcy Court of the District of Arizona and it is
therefore dischargeable under 11 U.S.C. 523(a)(10), which reads that: "(10) that was or could have
been listed or scheduled by the debtor in a prior case concerning the debtor under this title or under
the B ankruptcy Act in which the debtor waived discharge, or was denied a discharge under section
727(aX2), (3), (4), (5), (6), or (7) of this title, or under section 14c(1), (2), (3), (4), (6), or (7) of such
Act".
B id protestor would be granted leave to file second amended complaint after it learned that
contract had been modified three times after re-award, notwithstanding defendants' objection that
amendment would be futile because jurisdiction was lacking over new claims which alleged facts
which occurred after contract award, as new claims alleged "material" post-award changes to the
contract, allowing retention of jurisdiction pursuant to the Competition in Contracting Act (CICA).
Information Sciences Corp. v. U.S., 80 Fed. Cl. 648 (2008). A motion to amend may be deemed futil
if a claim added by the amendment would not withstand a motion to dismiss. Shoshone Indian Tribe
of the Wind River Reservation, Wyoming v. U.S., 71 Fed. Cl. 172 (2006). A plaintiff would not be
allowed to amend a complaint where a plaintiffs claims were barred by res judicator or collateral
estoppel and otherwise did not come within the jurisdiction of the Court of Federal Claims, and thus
further amendment was futile. Saladino v. U.S., 62 Fed. Cl. 782 (2004).
Finally, defendant will thoroughly be prejudiced as a great deal of invasive discovery has
taken place to date already and Cadle has been provided conclusive proof that Keller's wife should
not be bothered by this litigation, much less be subject to even more invasive vexation even beyond
the Rule 2004 examination she has already been forced to submit to. Since so very much time has
now passed since the filing of this Adversary Proceeding, not to mention the couple of decades that
12 -
OPPOSITION TO MOTION TO AMMO COMPLAINT IN MAMMARY PROCMEDING
01093
01093
To: 61699ac9c-69b1-4598-8E1t5-30c1d36e Free: zachceu
g
hlin 2-24-12 1014pa p. 1 of 1
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01094
01094
rams and Conditions
- - ..
RENO MUNICIPAL COURT, County of Washoe, State of Nevada
One South Sierra Street, Reno, Nevada 89501
Mailing Address: PO BOX 1900, Reno, Nevada 89505
CASE DOCKET
Defendant:
COUGHLIN, ZACHARY BARKER
Case Number: 11 CR 22176 21
DOB: 9/27/1976 Agency#: RSICPD IO110627
Judge: DEPT 4 Booking#: 1 5953 -
Title: CITY OF RENO Vs.COUGHLIN Accident#:
Case Type: CRIMINAL MISDEMEANOR Case Status: APPEAL
Charges, Pleas and Dispositions
Offense DtArrestDtCharge
9/9/2011 9/9/2011 Count: 1 08.10.040 -PETIT LARCENY/THEFT -VALUE LESS THAN $250.00
S
Plea: GUILTY 11/30/11 Disp: GUILTY 11/30/11 Jail:
0
0
Suspended:
Fines/Fees: $ 360.00
Notes:
CourtHearing Information
Date & Time Event Location Judge EventResult
Oct 1 0, 2011 2:00 pm ARRAIGNMENT HEARING A GARDNER ARRAIGNMENT HEARING HELD
Nov 14, 2011 1:00 pm BENCH TRIAL B HOWARD CONTINUED BY COURT
Nov 30, 2011 1:00 pm BENCH TRIAL B HOWARD BENCH TRIALHELD
Case History
9/9/2011 FORMAL COMPLAINT FILED WITH THE COURT
10/10/2011 THE DEFENDANT APPEARED, WAS EXPLAINED HIS/HER RIGHTS BY THE JUDGE & INDICATED THAT HE/SHE UNDERSTOOD
11/30/2011 CITY'S EXHIBIT MARKED/ADM1TTED
11/30/2011 PRESENT IN COURT FOR THE CITY OF RENO: PAMROBERTS AND FOR THE DEFENSE: PRO PER
12/14/2011 NOTICE OF APPEAL FILED
12/23/2011 APPEALED FILED IN DISTRICT COURT/CASE NO:
Fines and Fees
Add
.
' Fees ()Ned: $87.00
TOTAL: $447.00 AmtPaid: $ 447.00 AmtWaived: $ 0.00 Balance: $0.00
Bail/Bond Information
ArrestData Status Date Status
Amount Type of Ball
9/9/2011 0/20/2011 ACTIVE BOND
$ 360,00 CASH ONLY
11/14/2011 FORFEITURE
$ 360.00 CASH ONLY
B119634
Total Owing to Date: $0.00
END OF RECORD
DEFENDANT: COUGHLIN, ZACHARY BARKER

Agency*: It110827 COURT CASE 0: 11 CR 22176 21
Data Dote: 2/27/2012 PrintDate: 2/27/2012
01 095
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4012 FEB 27 AM 8: 14

Tos ,ib99ac9c-b9b1-4598-8tlf6-3Udd3be front: zachcougblin 2-24-12 9:60po p. 1 of 76


MUNICIPAL CGUR
Document Code:
Zach Coughlin
Nevada Bar No: 9473
1422 E.9
th
St #2
Reno, NV 89512
Tele: 775-338-8118
Fax: 949-667-7402
Attorney for ProSe Attorney PlaintiffDenied Sixth Amendment Right toCounsel
7
IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
ITY OF RENO;
PLAINTIFF,
Case No: 11 CR 22176
vs.
Dept No: 4
ACH COUGHLIN;
DEFENDANT.
MOTION TO SET ASIDE ORDER OF JUDGMENT AND CONVICTION AND SUMMARY
CONTEMPT ORDER AND NOTICE OF INSUFFICIENCY OF SERVICE OF BOTH: AND
NOTICE OF APPEAL OF SUMMARY CONTEMPT ORDER AND ORDER OF
DECEMBER 16TH 2011: and MOTION FOR.RECUSAL OF JUDGE HOWARDLNOTICE
OF INSUFFICIENTY OF RECORD ON APPEAL
COMES NOW, Plaintiff, Zach Coughlin, by and through himselfas he was denied his Sixth
Amendment Right ToCounsel (mentioned quite clearly in the 2008 Limited Jurisdiction Court's
Bench Book for Nevada Judges, along with the 2010 Supplement thereto), and files this Motion To
Set Aside Judge Howard December 16, 2011 Order (see attached Exhibit 1).s "pled in that
alternative" as a ; or in the alternative Opposition toMotion toDismiss, however the filing office
routinely rejects anything Plaintiffsofiles as violative ofWDCR 10, even where the phrase "pled in
the alternative" is placed in the caption or name ofthe filing...
MO TIO N TO SET ASIDE O RDER AND NO TICE O F APPEAL O P SUMMARY CO NTEMPT O RDER; and MO TIO N FO R RECUSAL O F JUDGE HO WARD;
NO TICE OF INSUITICIINTY O F RECO RD O N APPEAL
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01096
01096
To
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1699ac9c-69b1-4598-88f6-306:136e
LEGAL ARGUMENT
Argersinger v. Hamlin (407 U.S. 25) establishesthat the right tothe assistance of counsel,
whether retained or court appointed, isrequired in all prosecutionswhich may result in
imprisonment, unlessacomplete Farettacanvashasbeen completed and the request for waiving
counsel isgranted.
While there isatime and place, perhapsfor Ordersfinding Summary Contempt under NRS
22.030...perhaps, the greatest strength ajudge can demonstrate isthe ability toshow alittle weakness,
todemonstrate something other than ruling with an iron hand, todosomething other than crush any
voice of dissent in hiscourt room like Mike Singletary (former linebacker for the ChicagoBearsin
the 1980's) would crush arunning backgoing through the "A gap". Tostrangle out of litigantsthe
freedom tozealously adovocate on their own or another'sbehalf (in the case of licensed attorneys) is
perhapsthe most heinous, sad, and ugly thing ajudge could do. A judge whom demonstratesan
ability tooversee that which makeshim lessthan comfortable in hiscourtroom, that which he does
not necessarily agree with, isajudge secure in hisabilitiesand aware of the premium on restraint and
patience called for in order for ajudge and court totranscend from mere debt collector for the City
Attorney toimpartial arbiter of fact and law. Todemonstrate otherwise may create an atmosphere
where court employeesoverstep their boundsand begin tobully and harassthose seeking toaccess
justice, atrue violation of the trust in which the public endowssuch public servants.
Now, apparently, Interim Court Administrator CassandraJackson isseeking toimpart orders
upon litigantscarrying color of law by emailing them with her interpretation of what an Order
purportstorequire, even where that Order ruleson mattersbeyond the jurisdiction of the Judge and
or Court making the Order. That isthe case here. Ms. Jackson sent the undersigned an email on or
about January 10
th
, 2012 that impermissibly seekstoimpose upon alitigant, and an attorney, a
2
MOTION TO SET ASIDE ORDER AND NOTICE OF APPEAL OF SUMMARY CONTEMPT ORDER; and MOTION FOR RECUSAL or JUDGE HOWARD;
NOTICE 07 INSUTTICIENTY OF RECORD ON APPEAL
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From: zachcoughlin 2-24-12 9;00pm p. 2 of 76
01097
01097
From: zachcoughlln 2-24-12 9:00pm p. 3 of 76 Tcw.1699ac9c-69b1-4598-80f6-30dd36e
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restriction that would violate the 14
th
Amendment'sEqual Protection classand further make unduly
burdensome upon the undersigned the right tofile paperswith the RenoMunicipal Court. The
undersigned should not be assigned adifferent set of rulesfor filing documentsthan the far better
funded RenoCity AttorneysOffice is.
RMCR Rule 3: Authorization toRepresent Attorneysrepresenting defendantsshall
promptly serve written notice of their appearance with the City Attorney and file the
same with the Court. An attorney desiring towithdraw from acase shall file amotion
with the court and serve the City Attorney with the same. The court may rule on the
motion or set ahearing. RMCR Rule 5: Motionsby Facsimile A. All rulesand
proceduresthat apply tomotionsfiled in person at the court shall alsoapply tomotions
filed by facsimile, except asotherwise specified in thisrule. B. All personsare eligible
touse motion-by-facsimile procedures. C. All motionsfiled by facsimile must be
accompanied by acover sheet which must include the person'sname, address, fax
number and telephone number. D. All facsimile motionsfiled by an attorney must
include the attorney'sname, the firm'sname, address, fax number and telephone
number. In addition, the attorney'sstate bar number must be conspicuously displayed
on the cover sheet. E. All motionsfiled by facsimile must be accompanied by proof of
service.
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WheresDefendant went togreat lengthstodemonstrate toJudge Howard and the RMC that
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he isindigent, he, apparently, isnot "allowed" tobe so, somuch sothat thisCourt went against the
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NevadaCourt of Limited Jurisdiction Bench Bookof 2008 and its2010 Supplement in denying the
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undersigned the hisSixth Amendment Right ToCounsel, set forth explicitly in several locationsin
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the Bench Bookand mandatory authority in the United States. Argersinger v. Hamlin, (407 U.S. 25).
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NevadaNRCP 60(b)(3) allowsaparty tomove for relief from ajudgment which isvoid, and
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while motionsmade under NRCP 60(b) are generally required to"be made within areasonable time"
23
and tobe adjudicated according tothe district court's discretion, thisisnot true in the case of avoid
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judgment. Necessarily amotion under thispart of the rule differsmarkedly from motionsunder the
25
other clausesof Rule 60(b). There isnoquestion of discretion on the part of the court when amotion
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ismade under [thisportion of the Rule]. Nor isthere any requirement, asthere usually iswhen
28
default judgmentsare attacked under Rule 60(b), that the moving party show that he hasa
3 -
NO TIO N
TO SET ASIDE O RDER AND NO TICE O F APPEAL O F SUMMARY CO NTEMPT O RDER) and MO TIO N FO R RECUSAL O F JUDGE HO WARD;
NO TICE or INSUFFICIENTY O F RECO RD O N APPEAL
01098
01098
From: zachcoughlio 2-24-12 9:00po p. 4 of 76 :fol-1699ac9c-69b1-45913-88f5-30c1d36e
meritorious defense. Either a judgment is void or it is valid. Determining which it is may well present
a difficult question, but when that question is resolved, the court must act accordingly. By the same
token, there is no time limit on an attack on a judgment as void. . . . [E]ven the requirement that the
motion be made within a "reasonable time," which seems literally to apply . . . cannot be enforced
with regard to this class of motion. Understandably, the parties were not attuned to our recent Jacobs
decision during oral argument. Accordingly, it was determined at that time to allow the parties to
supplement their briefs in order to determine with certainty whether, in fact, no default had been
entered against Garcia prior to the entry of the default judgment. Garcia's supplemental material
supplied additional evidence that no default was ever entered, including an affidavit by Clark County
Court Clerk Loretta Bowman attesting that no such filing exists in the case file. Respondents also
acknowledged that no default was ever entered but argue in their supplemental brief that Jacobs
should not be applied retroactively, noting that the default judgment at issue herein was entered prior
to our Jacobs decision. This argument is without merit. The court in Jacobs determined, consistent
with law from other jurisdictions, that the default judgment entered in Jacobs was void. We
accordingly ordered the district court to grant relief from the void judgment, despite the fact that the
ruling in Jacobs was, of course, preceded by entry of the default judgment against Jacobs. If this case,
rather than Jacobs, were before us as a case of first impression, we would have reached the same
conclusion. A void judgment is void for all purposes and may not be given life under a theory based
upon lack of legal precedent. Garcia v. Ideal Supply Co., 110 Nev. 493, 874 P.2d 752 (Nev.
5/19/1994). The defective service rendered the district court's personal jurisdiction over Gassett
invalid and the judgment against her void. For a judgment to be void, there must be a defect in the
court's authority to enter judgment through either lack of personal jurisdiction or jurisdiction over
subject matter in the suit. Puphal v. Puphal, 669 P.24 191 (Idaho 1983). In Price v. Dunn, 106 Nev.
4
MOON To SET ASIDE ORDER AND NOTICE OP APPEAL or SUMMARY CONTEMPT ORDER; and MOTION TOR RECUSAI,OF JUDGE HOWARD. '
NOTICE OF TNSUPFICIENTT OF RECORD ON APPEAL
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To:-1699.K9c-69b1-4598-08f6-30dd36e From; zachcoughlin 2-24-12 9:00pm p. 5 of 76
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100, 787 P.2d 785 (1990). We now hold that the filing of a motion to set aside a void judgment
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previously entered against the movant shall not constitute a general appearance. See, e.g., Dobson v.
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Dobson, 108 Nev. 346, 349, 830 P.2d 1336, 1338 (1992). Nonetheless, since the order was void, a
4
judgment based thereon would likewise be void.. Nelson v. Sierra Constr. Corp., 77 Nev. 334, 364
5
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P.2d 402. Under NRCP 60(b) a motion to set aside a void judgment is not restricted to the six months'
7

period specified in the rule. NRCP 54(a) provides that the word 'judgment" as used in these rules
8

includes any order from which an appeal lies. Therefore there is no merit to appellants' contention
9

that the motion to vacate the judgment was not timely made. Foster v. Lewis, 78 Nev. 330, 372 P.2d
10
679 (Nev. 6/19/1962). A void judgment is subject to collateral attack; a judgment is void if the
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issuing court lacked personal jurisdiction or subject matter jurisdiction; See 49 C.J.S. Judgments
13

401, at 792 (1947 & supp. 1991); 46 Arn.Jur.2d Judgments 621-56 (1969 & supp. 1991),
14
Judge Howards December 16
t
h, 2011 Order rules on matters outside Judge Howards
jurisdiction and is therefore void for lack of jurisdiction. Further, it is impermissible for the RMC's
16
Cassandra Jackson to attempt to rewrite R./kW Rules (and it is not clear whethe she is doing this on
17
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her own accord or if she has been instructed to do so as Judge Gardner's Administrative Assistant or
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as the Interim Court Administrator, or in some other capacity). Further, it is inappropriate for
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Jackson to be copying Reno City Attorney (and very recent former coworker of RMC's Judge
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Gardner) and Robert Puentes (who recently asked to be granted a Motion to Withdraw from
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representing the undersigned because doing so actually required him to do some legal work, and that
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was "hard" for him) on her correspondence, which related to a filing in a traffic citation for which
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MR. Puentes has absolutely no connection and where Mr. Wong had not yet made an appearance.
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Mr. Wong did express a complete lack of concern to the undersigned when it was reported to him tha
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a RPD Officer, Chris Carter, had admitted to the undersigned that the opposing counsel in RJC
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NOTLON TO SET ASIDE ORDER AND NOTICE OT APPEAL OT SUMMARY CONTEMPT ORDERr and MOTION TOR RECUSAL or JUDGE HOWARD,
NOTICE or INSUPTICIENTY OT RECORD ON APPEAL
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01100
2-24-1a 9:00pm p. 6 of 76 To:' 1699ac9c-69131-4590-88f6-31dd3te Frcn: zachc on* in
RES/2011-001708 summary eviction from a commercial tenancy law office where non payment of
rent was not alleged (in violation of NRS 40.253's express dictate against such actions) had paid
money to RPD Officer Carter to arrest the undersigned (a bribe). Mr. Wong indicated a complete
lack of consternation in this regard and expressed that he intended to conduct zero follow up with
respect to that troubling breach of the public trust, even though, as a Reno City Attorney, Mr. Wong
likely has a duty to do so and his failure to will augur strongly toward a finding that the Reno City
Attorney is liable for any RPD misconduct on a negligent hiring, training, and supervision claim and
that the Reno City Attorney is aware of and, in fact, ratifies or endorses such bribe taking by the RPD
from Richard G. Hill, Esq, opposing counsel in that RJC eviction matter.
Under federal law, as well as the law of some states, the misbehavior that permits summary
action must in addition present an imminent threat to the administration of justice; it must
immediately imperil the judge in the performance of his or her judicial duty or constitute an actual
obstruction of justice. U.S. v. Turner, 812 F.2d 1552 (11th Cir. 1987) (attorney's posing of single
question to witness about race of certain individuals, though in clear violation of verbal court order,
did not so obstruct justice as to enable court to resort to summary procedure for contempt under
Federal Rule of Criminal Procedure 42(b)); In re Holloway, 995 F.2d 1080 (D.C. Cir. 1993) (attorney
pursued lines of questioning ruled out by judge). Witness's refusal to answer questions the court
orders him to answer is contumacious conduct which may subject witness to summary punishment
for criminal contempt under Direct contempt justifying summary disposition is confined to
exceptional circumstances involving acts threatening the judge, disrupting the hearing, or obstructing
court proceedings. Rule 42. In re Boyden, 675 F.2d 643 (5th Cir. 1982). Because summary contempt
procedure fills a need for the immediate penal vindication of the dignity of the court, its application is
confined to unusual situations where the court's instant action is necessary to protect the judicial
MOTION To 5ET ASIDE ORDER AND NoTICt OF APPEAL or SUMMARY CONTEMPT ORDER; and MOTION fOR RECUSAL OF JUDGE HOWARD;
NOTICE OF INSUFT/C/INTY of RECORD ON APPEAL
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institution itself. In re Gustafson, 619 F.2d 1354, 58 A.L.R. Fed. 1 (9th Cir. 1980), on reh'g, 650 F.2d
1017 (9th Cir. 1981).
NRS 22. 030. Summary punishment of contempt committed in immediate view and
presence of court; affidavit or statement to be filed when contempt committed outside
immediate view and presence of court; disqualification of judge:
"1. If a contempt is committed in the immediate view and presence of the court or judge at
chambers, the contempt may be punished summarily. If the court or judge summarily punishes
a person for a contempt pursuant to this subsection, the court or judge shall enter an order
that:
(a) Recites the facts constituting the contempt in the immediate view and presence of the court
or judge;
(b) Finds the person guilty of the contempt; and
(c) Prescribes the punishment for the contempt..."
154 ALR 1227, Necessity and Sufficiency of Making and Recording Subsidiary or Detailed
Findings Supporting Adjudication of Direct Contempt.
Statute providing that in all cases of contempt arising without immediate view and presence of
court, judge of court in whose contempt defendant is alleged to be, shall not preside at such
trial over objection of defendant, is constitutional. N.C.L.1929, 8943. McCormick v. Sixth
Judicial Dist. Court in and for Humboldt County, 1950, 218 P.2d 939, 67 Nev. 318. Contempt
For purposes of statute governing summary contempt proceedings for direct contempt committed
in judge's presence, which requires court to "enter an order," while a trial court's oral
contempt order is immediately enforceable, a written order including the statute's required elements
must be promptly entered. Houston v. Eighth Judicial Dist. Court ex rel. County of
Clark, 2006, 135 P.3d 1269, 122 Nev. 544.
Appropriate remedy for attorney who had been found in direct contempt of court in divorce
proceeding in which he represented wife, where contempt order had been found to be insufficient
by Supreme Court, in that it did not contain a sufficient statement concerning what conduct
was held to be contemptuous, was to permit trial court to enter amended order, given that
Supreme Court's opinion addressed issue of first impression and announced standard for contents
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MOTION TO SET ASIDE ORDER AND NOTICE 07 APPEAL 07 SDMMART CONTEMPT ORDER: and MO TIO N FO R xRcoRRI or JUDOS HOWARD;
NOTICE OF INSUFFICIINTT OF RECORD ON APPEAL
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To:- 1699ac9c-69b1-4598-88f6-30dd36e From: zachcoughlin 2-Z4-12 9100pm p. 8 of 76
of written contempt order. Houston v. Eighth Judicial Dist. Court ex rel. County of
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Clark, 2006, 135 P.3d 1269, 122 Nev. 544.
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Judge Howard Summary Contempt Order reliesin part on "continuing linesof inquiry after
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told by the Court not todoso..." however any such alleged instancesof thisare explained away by
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the fact that any such questionswhere not posed toprove the truth of the matter asserted but rather
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for other permissible purposes(and thiswas pointed out tothe Court at trial). Further, for Judge
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Howard torule that it isnot relevant whether Wal-Mart'sAsset Protection team had verbally
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threatened the accused or otherwise indicated they would retaliate against him for filming a
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documentary related toWal-Mart'scontinual practice of lying tocustomersabout their Return Policy
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and selectively enforcing it, despite itstermsbeing part of acontract between the retailer and
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consumers, it plain error.
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A written summary contempt order, issued pursuant tostatute governing summary contempt
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proceedingsfor direct contempt committed in judge'spresence, must set forth specific facts
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concerning the conduct found tobe contemptuous. Houston v. Eighth Judicial Dist. Court ex rel.
1 7
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County of Clark, 2006, 135 P,3d 1269, 122 Nev. 544. Judge HowardsOrder isof the "checkthe box"
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variety, on apreprinted form, seemingly taken from the Bench Book, containing mere conclusory and
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circular statementsabout the purported contempt and in noway satisfiesthe above standard. Indeed,
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Judge Howard doesnot specify what "linesof inquiry" were continued, nor isit clear how aprose
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defendant denied hisSixth Amendment Right ToCounsel could reasonably know what isrequired of
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him tocomply with Judge Howardsvague and menacing contempt pronoucementswhile also
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zealously advocating on the defendant'sbehalf.
26 Written summary contempt order finding attorney for wife in divorce proceeding in direct
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contempt of court failed toindicate what particular commentsby attorney were held tobe
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MOTION TO SET ASIDE ORDER AND NOTICE OE APPEAL OF SUMMARY CONTEMPT O RDER; and MO TIO N FO R RZCUSAL 07 JUDO S HOWARD)
NOTICE OF INSUFFICIENTE OF RECORD ON APPEAL
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contemptuous, and, thus, order wasinsufficient, under statute governing summary contempt
proceedingsfor direct contempt committed in judge'spresence. Houston v. Eighth Judicial Dist.
Court ex rel. County of Clark, 2006, 135 P.3d 1269, 122 Nev. 544.
Other than indicating the defendant said "Wow", Judge Howard'sOrder doeslittle tocomply
with the above standard. Further, Judge Howard makesallegationsof "laughter", however, and this
goestothe "evident impartiality/Motion for Recusal", Judge Howard seemed togotogreat lengthsto
strike from the record the fact that ThomasFrontino, Wal-Mart Asset Protection Associate and
witnessfor the City of Reno, wascontinually smirking and laughing on the stand, particularly while
he wascommitting perjury. Judge Howard makesnospecific indication astowhat the undersigned
supposedly laughed about, or at what time of the proceeding (the audioof which isrecorded and
preserved by the RMC'sFor The Record system). Even if "laughter" waspresent, it isnot per se
contemptuousand Judge Howard doesnot make clear how hisattempt toprohibit such allowsfor a
defendant tozealously advocate on hisown behalf, or whether it isever permissible, or even askillful
trial tactic, for alitigant toengage in "laughter". Really, what Judge Howard seemstowant the most
isfor those defendantsthat he wishestofind guilty tolay down and die adeath of sortsin his
courtroom, and tothankthe RMC for itswise crypt-keeping.
Regardless, with respect toJudge Howard's, December 16, 2011 Order, it attemptstorule on
mattersfar beyond the jurisdiction accorded toJudge Howard. The email address
"renomunirecords@reno.gov" isheld out tothe public in anumber of instances. See, Exhibit 1:
January 10
th
, 2012 email from RMC Interim Court Administrator CassandraJackson with Attached
December 16th, 2011 Order of Judge Howard. The Order reads: "Defendant Coughlin forwarded a
communication toJudge Howard'spersonal electronic mail account. Defendant Coughlin iswarned
that he must cease and desist further e-mail communication with Judge Howard, hisstalTor any other
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MOTION TO SIT ASIDE ORDIR AND NOTICE Or APPEAL or SUMMARY CONTEMPT ORDER; and MOTION FOR RECUSAL or JUDGE HOWARD;
NOTICE or INSUrFICIENTY Or K L=RD ON AP PEAL
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Tot' 1654ao9c-69b1-4598-68f6-30dd36e From: zachcoughlin 2-24-12 9100pm p. 10 of 76
employee of the RenoMunicipal Court." However, it isnot clear at all that that email addressisa
"personal" email address. The email addressgateway isthat of one belonging tothe City of Reno,
not toaprivate citizen, and therefore it can hardly be said tobe a"personal" email address, like
Hotmail, or Gmail address. It isan email addressprovided toapublic servant, an elected or
appointed official, tobe used in the course of official businessand held out tothe public asavalid
meansfor contacting that official. How an email isany different than afax issomething not at all
clear. Both meansof correspondence convert the communication toaseriesof l'sand O'sfor the
purpose of transmitting date in adigital form. Tohold these meansof communication are
fundamentally different, isadistinction without adifference and arbitary and capricious, Torequired
litigantstoaccept such pronouncementswhere they are not supported by sound rationale or policy is
toengage in tyranny, something for which the American public hasnever had much of ataste.
The December 2011 Order goeson tohold that: "IT IS HEREBY ORDERED that
Defendant Coughlin shall not communicate viaemail with Judge Howard, hisstaff or any other
employee of the RenoMunicipal Court." First, It isnot clear whether atranscriptionist recomrnende
or required by the RMC isa"RMC employee". It isnot clear isMarshal Roper isan RMC
employee, or an employee of Washoe County, or the City of Reno. Tobe avalid Order such that a
Contempt Order may issue from aviolation of it requiresthat the Order be sufficiently detailed and
clear such that one could be reasonably said tohave an understanding of what isrequired of him to
comply with it. The undersigned seeksclarification of the Order in thisregard. Further, the Order
doesnot contain any language purporting tomake inapplicable tothe undersigned the right enjoyed
by all other litigantsbefore the RMC, ie, that contained in RMCR 5:
RMCR Rule 5: Motionsby Facsimile A. All rulesand proceduresthat apply to
motionsfiled in person at the court shall alsoapply tomotionsflied by facsimile,
except asotherwise specified in thisrule, B. All personsare eligible touse motion-
by-facsimile procedures. C. All motionsfiled by facsimile must be accompanied by
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MOTION TosET ASIDE O RDER AND NOTIE OF APPEAL Or SUMMARY CONTEMPT O RDER; and MOTION TOR RECUSAL Or JUDGE HOWARD;
NOTICE Or INSUrrICIENTY Or RECORD ON APPEAL
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acover sheet which must include the person'sname, address, fax number and
telephone number. D. All facsimile motionsfiled by an attorney must include the
attorneysname, the firm'sname, address, fax number and telephone number. In
addition, the attorney'sstate bar number must be conspicuously displayed on the
cover sheet. E. All motionsfiled by facsimile must be accompanied by proof of
service.
The undersigned isindigent. That might be hard for apublic official making $180,000 ayear
after benefitstoconceptualize, but what it meansit that requiring him totake an hour out of hiswork
day every time he wantstofile something with the RMC isunduly burdensome, particularly where
the RenoCity Attorney acting asopposing counsel isnot under asimilar directive (and where that
RenoCity Attorney making well over $100,000 after benefitsare considered aswell). It seemsthe
Court understandsthis, and that iswhy only email wasexpressly prohibited in the Order. Further, the
Order would seem tohe wisely curtailed toonly mattersrelating tothe case in which iswasrendered.
Yet, Ms. Jackson'semail seemstocapitulate and extend upon Judge Howard'sOrder by including the
dicate that the undersigned cease partaking in the filing by facsimile expressly allowed by RMCR 5,
and further, RMC Interim Court Administrator Jackson seekstoadd tothe Order and extend its
already overbroad reach. In doing so, Jackson isengaging in impermissible conduct similar tothat
exhibited earlier in thismatter by Judge Howard'sJudicial Assistant VeronicaLopez. Ms. Lopez
refused toprovide acopy of the Judgement and Order of Conviction in 11 CR 22176 toCoughlin
(actually she lied toCoughlin saying she would fax him acopy of it (though she never did) after
berating Coughlin for "losing him chance toget acopy" at the conclusion of the 11/30/11 Trial when
RMC Marshalsdemanded the undersigned sign some documentsprior tohaving achance toreview
them, whereupon these Marshalsangrily tookaway the documents, smirking about how they would
"just put that you refused" toaccept the service thereof. However, upon being release from what may
well be the one and only time (hopefully ever, past or future) that an attorney in thisstate, or any
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MO TIO N TO SIT ASIDE O RDER AND NO TICE or APPEAL O F Ui4ART CO NTEMPT O RDER/ end MO TIO N FO R RECUSAL O F JUDGE 110WARD;
NO TICE O F INSUFFICIENTE O F RE00A0 O N APPEAL
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01106
01106
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other, wassummarily forced tospend three daysin incarceration isisclear from jail property records
that Coughlin wasnot provided any copy of any Judgement of Conviction or Order from the
November 30
th
, 2011 Trial in the RMC. Clearly, if the undersigned isin handcuffs, it isnot for the
undersigned todecide whether or not apiece of paper will travel with him tojail and be there when
he isreleased. The RMC'sconduct in subsequently refusing toprovide or otherwise served acopy of
that Order isextremely troubling and reflectspoorly upon the RMC. The same can be said for the
some extremely long time it tookthe RMC toprovide the undersigned with an audiocopy of the
recording of the Trial and the indicationsRMC filing office staff gave the undersigned at first that he
would not be afforeded any accesstosuch an recording, but rather, that he could pay some exorbinan
some tohave one particular court reporter or transcriptionist favored by the RMC (Pam Longioni) to
transcribe the recordings. Ms. Longioni, while driving and talking on the phone, actually hung up o
the undersigned when hisanswerstoher attemptstocrossexamine him with regard towhen he filed
hisNotice of Appeal and when he wasserved thisor that were not met with her approval. Longioni
subsequently failed toreturn any phone callsor written correspondence from the udnersigned.
During thisthree day incarceration wasdenied asingle phone call or tier time by Sheriffs
Deputies, resulting in much prejudice tohisclient'scases, for which Judge Howard indicated he was
"saddened", though he failed toallow for any measurestobe taken toavoid such prejudice occurring
tothose whovote on whether or not he will be reelected, should he run opposed next time, in contrast
tohislast election) for saying "Wow" amidst saying "Yes, Sir," and "Your Honor" about four
hundred timesthroughout the course of asix hour trial, the denouement of which wasapparently
important enough tokeep upwardsof six court employeesworking until approximately 9 pm at night,
receiving overtime wagesin the processasatime in which the economy of Renoismarkedly
challenged and the budget of the RenoMunicipal court issuch that it hastaken tolaying off Court
- 12 -
MO TIO N TO SET ASIDE O RDER AND NO TICE O F APPEAL O r SUMMARY CO NTEMPT O RDER; and MO TIO N FO R RECUSAL O r JUDGE HO WARD;
NO TICE or INSUFTICIENTY O F RECO RD O N APPEAL
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2-24-12 9:00pm p. 13 of 76 to. 1699ac9c-69b1-4598-88f6-30dd36e From: richcoughlin
staff and cutting their pay (though elected officials are exempt from such measures) in addition to
curtailing the hours the Court is open to the public on Fridays to half a day.
It is instructive to compare Jackson's interpretation of the Judge Howard's Order, and to
consider to extent to which she may be acting in a judicial capacity (unless this Court will provide
some indication of whether Jackson's email was done at the behest of any of the RMC Judges).
Whereas Judge Howards 12/16/11 Order holds: "IT IS HEREB Y ORDERED that Defendant
Coughlin shall not communicate via email with Judge Howard, his staff or any other employee of
the Reno Municipal Court", Jackson's 1/10/12 email to Coughlin extends the reach of that Order,
directing Coughlin thus: "I have been informed that you continue to contact Reno Municipal Court
staff and attempt to file documents via e-mail. This is in violation of the Order issued by Judge
Howard on December 16, 2011, which prghibits you from contacting Reno Municipal Court staff
via e-mail (see attached). Any correspondence you wish the court toconsider and any documents
that you wish to file with the court must be filed through the RenoMunicipal Court Clerk's
QMce.via U.S.mail.messenger service or in person."
First, Judge Howard's Order indicates that it applies to "Defendant Coughlin", not citizen
Coughlin. Thus, it does not apply to actions taken by Coughlin not within the scope of his
appearance as "Defendant Coughlin" within that one particular matter II CR 22176. If citizen
Coughlin wants to file something related to a traffic citation, Judge Howard's December 16, 2011
Order has not application. For Jackson to "rule" otherwise indicates she lacks an appreciation for the
judicial skill and temperance Judge Howard has developed since taking the bench in 1998. While
someone without Judge Howard's acumen and expertise may purport to rule on matters far afield
from the jurisdiction the law has vested them with, Judge Howard would not, I believe, as he takes
the trust the citizens of Nevada have bestowed upon him far to seriously to so recklessly exceed the
13
MOTION TO SET ASIDE ORDER AND NOTICE OF APPEAL or SUMMARY CONTEMPT ORDER; and MOTION FOR RECSSAL Or MIDGE HOWARD/
NOTICE or INSUFFICIENTY OF RECORD ON APPEAL
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01108
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From! zachcoughlin 2-24-12 9:00gm p. 14 of 76 To:"1699ac3c-69b1-4598-98f6-30dd36e
scope of that jurisdiction, The employeesof the RMC (including Marshal Mentzel, VeronicaLopez,
and CassandraJackson) need tostop embarrassing the RMC Judges, with the abusive, overreaching
approach they take tocarrying out their dutiesand in relating tothe public. While their behavior may
be completely acceptable in the private sector, they have ahire calling in being public servants
working in acourt of law, where the equal and measured dispensation of justice must be delivered in
amanner that, at all times, comportswith traditional noticesof due processand substantial justice.
The undersigned wasgiven expresspermission by RMC Filing Officer Supervisor Donna
Ballard tofile documentsby email Thiswasrequested in light of the undersigned belief that filing b
fax may unnecessarily tax the RMC'sfax machine and or line. Further, Judge Howards12/16/11
Order only purportstorule on the propriety of Coughlin'sattemptsto"communicate viacmail with
Judge Howard, hisstaff or any other employee of the RenoMunicipal Court". It doesnot (as
Jackson'semail purportstointerpet that Order torule) that "an do ents that ou wish to de wit
the court must be filed through the RenoMunicipal Court Clerk'sOffice. via U.S mail.
messenger service ur in person." An attempt tocommunicate isdifferent from an attempt tofile a
document with the court. Further, communicating with "Judge Howard, hisstaff or any other
employee of the RenoMunicipal Court" isdifferent than communicating something toor filing
something with ageneral email address, RenoMuniF&eords@Reno.gov, that isnot attached
specifically to"Judge Howard, hisstaff, or any other employee" (in the way Judge Howard mentions
hisown email addressas his"personal" email address), which isheld out tothe public in numerous
settingsasthe way tocontact the RenoMunicipal Court or City of Reno(included amongst these is
the method for requesting recordsfrom the City of Reno, and the RenoCity AttorneysOffice, not
just the RenoMunicipal Court). In soattempting toextend Judge Howard'sOrder, Jackson
impermissibly attemptstoassert an unequal application of RMCR 5 upon Coughlin, adeprivation of
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NOTION To SET ASIDE O RDER AND NO TICE O F APPEAL OF SUMMARY CO NTEMPT O RDER, and MO TIO N FO R RICUSAL or JUDGE HO WARD,
NO TICI O F INSUTFIC/ENTY O F RECO RD O N APPEAL
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C.
To:' 1699ac9c-69b1-4558-88f5-15dd36e From zachcoughlin 2-24-12 9:00pm p. 15 of 'lb
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equal protection and due processunder the law that could arguably get the RMC and Jackson herself
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held personally liable for violationsof the undersigned'scivil rights. However, the City of Renowill
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be liable if there isacustom and policy in place that encouragesconstitutional violationsand that
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policy isthe standard operating procedure of the RenoMunicipal Court or where the RMC had
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knowledge of Jackson'sdeprivation of Coughlin'scivil rightsor otherwise engaged in negligent
hiring, training, and supervision of employeessuch aJackson with respect tosuch deprviations.
Likewise, with the Washoe County SheriffsOffice and the County. See Gillette v. Delmore, 979 F.2s
1342, 1347 (9th Cir.1992).
Motivational inspiration for the RMC and Mentzel, Lopez, and Jackson can be found in
Lippisv. Peters, 112 Nev. 1008, 921 P.2d 1248 (1996):
"The judgment awarding feesin thiscase imposesupon twojustices' courtsand seven
justicesof the peace an obligation topay tothe tenants' attorneysthe sum of
$18,693.50. Thisjudgment doespresent aproblem when we start tothinkabout how
these public officialsand twocourtsof law might goabout allocating the obligation of
$18,693.50. It would not appear that the courtsthemselvesare subject toexecution
process; and, therefore, the fee, if it were going tobe paid, would have tobe paid by
the individual justices, whowould have topay, if the matter were handled fairly,
$2,670.50 each. The justices' judgment obligation topay attorneys' feesisbased (1) on
their having followed aprocedural rule (JCRCP 106) enacted by thiscourt and (2) on
their having made several erroneousjudicial decisions. We hesitate toget intothe
thorny problemspresented by thisjudgment, problemsrelating toexecution upon
public property, relating toofficial immunity and judicial immunity and some other
similar problemsthat attend the enforcement of such ajudgment..." Lippisv. Peters,
112 Nev. 1008, 921 P.2d 1248 (1996): "In their action challenging justice courts'
practice of denying appealstodistrict court in summary eviction actions, tenantsdid
not allege that they were deprived of federal rights, and therefore they could not claim
attorney feesunder federal civil rightsstatute. 42 1J.S.C.A. 1983, 1988."
Defendant may ultimately be forced tobe soalleging such adeprivation and or claim such
attorney'sfees; See, also, Cheung v. Eighth Judicial Dist. Court ex rel. County of Clark, 124 P.3d
550, 552, 121 Nev. 867, 869 (2005); 5 chneider v. ElkoCounty SheriffsDept., 17 F.Supp.2d 1162,
- 15 -
MOTTO; TO SET ASIDE ORDER AND NOTICE OF APPEAL OT SUMMARY CONTEMPT ORDER; and MOTION FOR RECUSAL OT JUDGE ROWAROO
NOT/Cr OT /NSUTTICTINTY OT RECORD ON APPEAL
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0111 0
01110
Tor 1699ac9c-69b1-4598-613f5-30dd3be From: zachcoughlin
1165 (1998); G.C. Wallace. Inc v. Eighth Judicial Dist. Court of State-ex NI. County of Clark, 262
P.3d 1135, 1140-
,
-, 127 Nev. Adv. Op. 64, 64+ (2011).
Ms. Ballard actually agreed with thisassessment and thanked the undersigned for the
consideration demonstrated. Tothe extent Judge Howard doesnot wish for the undersigned tofile
(asopposed tojust communicate) by email (and itsnot clear that the Order purportstorule on
situationsoutside of the case in which it wasmade, despite the implication'sof Jackson'semail), the
undersigned will, of course, respectfully comply with that dictate, especially tothe extent that it isno
expressly permitted by RMC Rules(though the distinction between facsimile and email isnot always
the clearest and where facsimile seemstodisadvantage those without the budget tohave aseparate
phone line torun afax machine, etc.). However, the Record on Appeal in thismatter isdeficient in
several respectsand the undersigned asksthat it be corrected. Towit, prior tosuch time asthe
expresspermission tosofile by email could reasonably be said tohave been withdrawn, the
undersigned file numerousdocumentswith the RMC. However, not all of those are reflected in the
Record on Appeal Further, in that Record, the "four pagesper page" attachmentstothe 12/13/11
filing are illegible, though the undersigned file acompletely legible one page per page version via
email with the RMC and feelsthat that legible version should be included in the Record on Appeal.
The "four page per page" version wasfiled in hard copy (on top of the same being filed the night
before viaemail) in an abundance of caution given the importance of the filing (a, perhaps,
jurisdictional Notice of Appeal, and should the permission tofile by email not be honored, the
undersigned would have been severely prejudiced....) The undersigned filed the 'Tour page per page"
version of the Exhibitstothat 12/12/11 filing in that form because he lackthe money tobuy the pape
and inknecessary toprint those voluminousattachmentsout in the one page per page style that woul
have been preferable. Exhibit 5: All emailsfrom ZachCoughlin@hotmail.com to
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MO TIO N
TO SET ASIDE ORDER AND NOTICE OF APPEAL Or sUmmARY CONTEMPT ORDER: and MOTION YoR RICUSAL OF JUDGE HOWARD;
NOTICE or INsurriCIENTT or RECORD ON APPEAL
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RenoMuniRecords@Reno.gov from 10/4/11 to present; citing to attached pdf filings that should be
included in the Record on Appeal, yet are not in some instances.
Appealability of contempt adjudication or conviction. 33 A.L.R.3d 448 (Originally published in
1970); 12[a] GenerallyRule of appealability [Cumulative Supplement] Contempt proceedings
not characterized as criminal or civil have frequently been held or recognized to be appealable in the
absence of statutes other than those generally making final decisions appealable.US In re Ryan, 538
F.2d 435, 76 2 U.S. Tax Cas. (CCH) P 9518, 38 A.F.T.R.2d 5452 (D.C. Cir. 1976) Ala Uhis v Uhls
(1989, Ala App) 551 So 2d 1065 Ex parte Boykin (1994, Ala Civ App) 656 So 2d 821 Alaska
Gillette v Coffer (1912) 4 Alaska 622 (recognizing rule) Cal LaBella v Kaiser Foundation Health
Plan, Inc. (1977) 72 Cal App 3d 499, 138 Cal Rptr 212 For California cases, see 16, infra Colo Hill
v Boatright (1994, Colo App) 890 P2d 180, reh den (Sep 15, 1994) and cert gr (Feb 20, 1995) DC 33
A.L.R.3d 448 Page 178 33 A.L.R.3d 448 (Originally published in 1970) For District of Columbia
cases, see 3[a], supra Fla State ex rel. Pearson v Johnson (Fla App) 334 So 2d 54 For Florida cases,
see 6[a], supra Ga Maiming v MNC Consumer Discount Co. (1994) 212 Ga App 824, 442 SE2d
919, 94 Fulton County D R 1442 For Georgia cases, see 15, infra Ill People ex rel. Hinckley v
Pirfenbrink (1879) 96 I1168 (recognizing rule) Ex parte Smith (1886) 117 II1 63, 7 NE 683
(recognizing rule) Lester v Berkowitz (1888) 125 I11307, 17 NE 706 (recognizing rule) People v
Gilbert (1917) 281 Ill 619, 118 NE 196 Hill v Thomas B. Jeffery Co. (1920) 292 111 490, 127 NE 124
People ex rel. Andrews v Hassakis (1955) 6 Ill 2d 463, 129 NE2d 9 But see People ex rd. General
Motors Corp. v Bua (1967) 37 Ill 2d 180, 226 NE2d 6, infra. And see Illinois cases limiting review to
question of abuse of discretion, 13, infra. Waste Management, Inc. v International Surplus Lines
Ins. Co. (1991) 144 III 2d 178, 161 Ill Dec 774, 579 NE2d 322 Almgren v RushPresbyterianSt.
Luke's Medical Ctr. (1994) 162 ill 2d 205, 205 Ill Dec 147, 642 NE2d 1264, mod and reh den (Nov
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MOTION TO SET AS/DE ORDER AND NOTICE Or APPEAL or SUMMARY CONTEMPT ORDER$ and MOTION TOR RECUSAL or JUDGE RONARD:
NOTICE Or INSUrVICIENTT OF RECORD ON APPEAL
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Tor 1699ac9c-69b1-4598-88/6-30d05e From; zachcoughltn 2-24-12 9:00pm p. 18 of 70
15, 1994) Robinson v People (1906) 129 Ill App 527 Kelly v Chicago, B. & Q. R. Co. (1919) 213 Ill
App 296 (recognizing rule) People ex rel. Rusch v Kirgis (1936) 287 Ill App 378, 4 NE2d 894
Tegtmeyer v Tegtmeyer (1937) 292 ill App 434, 11 NE2d 657 (recognizing rule) People ex rel.
Rusch v Ferro (1942) 313 Ill App 202, 39 NE2d 707 Kemeny v Skorch (1959) 22 111 App 2d 160, 15
NE2d 489 Maywood v Jackson (1963) 42 111 App 2d 29, 190 NE2d 593 Koch v Mettler (1964) 49 Ill
App 2d 251, 199 NE2d 417 Re October 1985 Grand Jury (1987, 1st Dist) 154 III App 3d 288, 107 Ill
Dec 342, 507 33 A.L.R.3d 448 Page 179 33 A.L.R.3d 448 (Originally published in 1970) NE2d 6,
app gr (III) 113 Ili Dec 304, 515 NE2d 113 and vacated on other grounds (1988) 124 III 2d 466, 125
111 Dec 295, 530 NE2d 453 Re Marriage of Ryan (1989, 2d Dist) 188 Ill App 3d 679, 136 III Dec 1,
544 NE2d 454 Testin v Dreyer Medical Clinic (1992) 238 111 App 3d 883, 179 Ill Dec 56, 605 NE2d
1070, app gr 149 Ill 2d 661, 183 Ill Dec 872, 612 NE2d 524 In re Marriage of Dieter (1995, 1st Dist)
271 Ill App 3d 181, 207 Ill Dec 848, 648 NE2d 304 People ex rel. Hawthorne v Hamilton, 9 Ill App
3d 551, 292 NE2d 563 Md Droney v Droney (1995) 102 Md App 672, 651 A2d 415 Mich People ex
rel. Port Huron & G. R. Co. v Jones (1876) 33 Mich 303 Haines v Haines (1876) 35 Mich 138 Re
Bissell (1879) 40 Mich 63 (recognizing rule) Ross v Ross (1881) 47 Mich 185, 10 NW 193 See
People v Den Uyl (1949) 323 Mich 490, 35 NW2d 467. But see Michigan cases limiting review to
question of abuse of discretion, 13, infra. Minn For Minnesota cases, see 8[a], supra Miss For
Mississippi cases, see 15, infra Mo For Missouri cases, see 3[b], supra Neb Dunning v Tallman
(1993) 244 Neb 1, 504 NW2d 85 NY Watrous v Kearney (1880) 79 NY 496 (recognizing rule)
Strong v Western Gas & Fuel Co. (1904) 177 NY 400, 69 NE 721 (recognizing rule) King v Ashley
(1904) 179 NY 281, 72 NE 106 Re Hayward (1899) 44 App Div 265, 60 NYS 636 (recognizing rule)
Moore v Moore (1910) 141 App Div 532, 126 NYS 412 Re Baker (1855) 11 How Pr 418
(recognizing rule); Re Percy (1868) 2 Daly 530 (recognizing rule); Richie v Bedell (1885, Sup) 22
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NO TIO N TO SET ASIDE O RDER AND NOTICE or APPEAL O r SUMMARY CO NTEMPT O RDER; and MO TIO N FO R RECUSAL O r JUDGE EDWARD;
NO TICE or /NSUrrICIEN11 07 RECO RD O N APPEAL
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To 1699ac9c-69131-4596-08f6-30dd35e Frog zacheoughlta Z-44-12 9:00pa p. 19 of 76
NY Week Dig 563; Finck v Mannering (1887) 46 Hun 323; Re Anonymous (1887) 18 Abb NC 216
(recognizing rule); 33 A.L.R.3d 448 Page 180 33 A.L.R.3d 448 (Originally published in 1970)
People ex rel. Post v Grant (1888) 13 NY Civ Proc 305, revd on merits 50 Hun 243, 3 NYS 142
(recognizing rule); Boon v McGucken (1893) 67 Hun 251, 22 NYS 424; Re De Long (1896) 25 Civ
Proc 363, 41 NYS 201; Siegel v Solomon (1905, Sup App T) 92 NYS 238 (recognizing rule).
McCredie v Senior (1834) 4 Paige 378 But see Mitchell's Case (1861) 12 Abb Pr 249. ND State v.
Zahn, 1997 ND 65, 562 N.W.2d 737 (N.D. 1997) Ohio For Ohio cases, see 15, infra Pa Scranton v
People's Coal Co. (1922) 274 Pa 63, 117 A 673 State Grand Lodge v Morrison (1923) 277 Pa 41, 120
A 769 (recognizing rule) Re Aungst (1963) 411 Pa 595, 192 A2d 723 (recognizing rule) Re Myers &
Brei (1924) 83 Pa Super 383 Appeal of Reap (1926) 88 Pa Super 147 (recognizing rule)
Commonwealth v Morrisey (1942) 150 Pa Super 202, 27 A2d 446 DeMasi v DeMasi (1991, Pa
Super) 597 A2d 101 Commonwealth ex rel. Ziccardi v Hendricks (1964) 33 Pa D & C2d 419
(recognizing rule) But see Pennsylvania cases limiting review to question of abuse of discretion, 13,
infra. SC For South Carolina cases, see 13, infra Utah Smith v Kimball (1930) 76 Utah 350, 289 P
588, 70 ALR 101 (recognizing rule) Vt But see Vilas v Burton (1854) 27 Vt 56. Re Consolidated
Rendering Co. (1907) 80 Vt 55, 66 A 790, affd 207 US 541.52 L Ed 327, 28 S Ct 178 (apparently
recognizing rule) Cutting v Cutting (1928) 101 Vt 381, 143 A 676 (recognizing rule) Socony Mobile
Oil Co. v Massena Iron & Metal Co. (1966) 125 Vt 403, 217 A2d 56 Va Street v. Street, 24 Va. App.
14, 480 S.E.2d 118 (1997) 33 A.L.R.3d 448 Page 181 33 A.L.R.3d 448 (Originally published in
1970) For Virginia cases, see 15, infra A judgment of contempt for publishing in a newspaper an
article critical of the judge in a pending case was held reviewable by writ of error, in People v Gilbert
(1917) 281 Ill 619, 118 NE 196. The court said that while the court against which the alleged
contemptuous matter is published passes on the question whether or not the published matter is
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mono.'
TO SET ASIDE ORDER AND NOTICE or ApPLAL Or summAAY CONTEMPT ORDER; and NOTION TOR RECUSAL or JUDGE HOWARD/
NOTICE OF INSurrICIENTT OF RECORD ON APPEAL
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actually contemptuous, yet the decision of that court isnot conclusive: awrit of error may be sued ou
toreview the judgment of the lower court. An order of commitment for contempt of court for
refusing togive adeposition washeld tobe afinal, appealable order, in Hill v ThomasB. Jeffery Co.
(1920) 292 Ill 490, 127 NE 124. The court said that the order of commitment by the superior court
wasafinal judgment in the ancillary proceeding that wasbrought toenforce the interlocutory order
directing the plaintiff toappear and testify. While the purpose of that proceeding wasconnected with
and had itsfoundation in the main case, reasoned the court, it wasaseparate case prosecuted
independently toenforce acompliance with the order of the court. The court said that whether that
order totestify wasinterlocutory or final wasimmaterial: if it waslawfully made it wasthe plaintiffs
duty toobey it, and ajudgment either that he wasguilty of contempt or that he wasnot wasafinal
judgment. See, however, People ex rel. General MotorsCorp. v Bua(1967) 37 III 2d 180, 226 NE2d
6, where the court said that while ordinarily acontempt adjudication isafinal and appealable order,
thisrule would not be followed where, instead of the traditional fine or imprisonment aspunishment
for contempt, the defendant held in contempt waspunished by having itsanswer tothe amended
complaint stricken and judgment entered against it, The contempt wasadjudged for failure tocomply
with pretrial discovery orders, and while the court determined that the striking of pleadingsand the
entry of adefault judgment waspermissible asasanction for the nonproduction of documentsunder
court rule authorized by the legislature, the court held that thiscould not be used torender an
interlocutory order final and appealable by the use of contempt language. The imposition of afine or
imprisonment asasanction for contempt isfinal and appealable because it isan original special
proceeding, collateral toand independent of the case in which the contempt arises, explained the
court, but the sanction imposed in thiscase did not directly affect the outcome of the principal action.
Therefore the court concluded that since the contempt order, in effect, determined liability without a
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MOTION TO SET ASIDE O RDER AND NO TICE O F APPEAL O F SUMMARY CO NTEMPT O RDER/ and MO TIO N FO R RECUSAL O F JUDGE HO WARD/
NO TICE O F INSUFTICIINTY O F RECO RD O N APPEAL,
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determination of damages, it wasnot yet final and appealable. While recognizing the right toappeal,
the court in People v Den Uyl (1949) 323 Mich 490, 35 NW2d 467, in considering an appeal from
one confined for contempt in refusing toanswer certain questionsbefore an examining magistrate,
ruled that the dismissal of the principal case (because the prosecution could not proceed without the
witness' testimony) abated the contempt proceeding and required the dismissal of the appeal. The
court, however, in the order dismissing the appeal, alsodismissed the warrant of commitment under
which the witnesswasconfined. A chancery decree adjudging acorporation tobe in contempt of
court for disobeying acourt order washeld appealable in Socony Mobil Oil Co. v MassenaIron &
Metal Co. (1966) 125 Vt 403, 217 A2d 56, on the authority of an earlier case[2] that differed from the
case at bar only because it originated in the County Court rather than the Court of Chancery, and that
washeld tobe properly transferred tothe Supreme Court by way of abill of exceptions. An- 33
A.L.R.3d 448 Page 182 33 A.L.R.3d 448 (Originally published in 1970) other case,[3] which held
that an appeal would not lie from the decree of the
chancellor in mattersof contempt, wasrelied upon tosupport amotion todismissthe appeal, but the
court, pointing out that a1941 statute provided that causesheard in chancery passtothe Supreme
Court in the same manner asappealsfrom County Court, said that the effect of thislegislation wasto
abolish appealsin chancery asthey previously existed, and tosubstitute the statutesapplicable to
obtain review of County Court proceedings. Therefore, concluded the court, the VilasCase presented
noobstacle tothe pending appeal. CUMULATIVE SUPPLEMENT Cases: Toobtain appellate
review, subpoenaed party must defy district court'senforcement order, be held in contempt, and then
appeal contempt order, which isregarded asfinal. Dynegy Midstream Servicesv. Trammochem, 451
F.3d 89 (2d Cir. 2006). Where securitiestrading corporation wasadjudged in contempt for failing to
turn over tape recording asordered by court, court had jurisdiction toreview contempt order even
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MO TIO N To SET ASIDE O RDER AND NO TICE or APPEAL of SUMMARY CO NTEMPT O RDER: and MO TIO N FO R RECUSAL or JUDGE HO WARD,
NO TICE O F INsUFFICIENTT O F RECO RD O N APPEAL
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though imposition of sanctionswasstayed and nosanctionswere formulated prior toentry of stay. R
Three Grand Jury Subpoenas(1988, CA2 NY) 847 F2d 1024. A district court'sruling on an
application for acontempt order isreviewed for abuse of discretion. Frontier-Kemper Constructors,
Inc. v. American RockSalt Co., 224 F. Supp. 211520 (W.D. N.Y. 2002). Post judgment ordersof
contempt are within an appellate court'sjurisdiction asreviewable "final orders." 28 U.S.C.A. 1291.
Berne Corp. v, Government of The Virgin Islands, 570 F.3d 130 (3d Cir. 2009). Court of Appeals
had jurisdiction of defendant'sappeal of contempt order, although contempt order of itself did not
constitute afinal order that could be appealed, where portion of order that included contempt finding
wascomplete and final. M & C Corp. v. Erwin Behr GmbH & Co., 289 Fed. Appx. 927 (6th Cir.
2008). When the disobeyed order would be independently appealable under an exception tothe final-
decision rule, then the contempt citation alsomay be appealable. S.E.C. v. McNamee, 481 F.3d 451,
Fed. Sec. L. Rep. (CCH) P 94172 (7th Cir. 2007). Grant or denial of contempt order isreviewed for
abuse of discretion, but order of contempt isreviewed more searchingly. U.S. v. Teeple, 286 F.3d
1047, 89 A.F.T.R.2d 2002-2102 (8th Cir. 2002). Contempt adjudication issued in postjudgment phas
of civil action wasappealable whether contempt wasconsidered tobe civil or criminal, since
adjudication possessed attributesof operativenessand consequence necessary toappealability.
ConsumersGas& Oil, Inc. v. Farmland Industries, Inc., 84 F.3d 367, 34 Fed. R. Serv. 3d 1550 (10th
Cir. 1996). Denial of motion for order toshow cause why party should not be held in contempt is
final, appealable order. Thomasv. Blue Crossand Blue Shield Ass'n, 594 F.3d 814 (11th Cir. 2010).
A contempt order isfinal and appealable when the opportunity topurge the contempt haspassed and
the position of the partieshasbeen affected by the contempt order. SeikoEpson Corp. v. NuKote
Intern., Inc., 190 F.3d 1360, 52 U.S.P.Q.2d (BNA) 1011 (Fed. Cir. 1999), reh'g denied, in bane
suggestion declined, (Oct. 19, 1999). 33 A.L.R.3d 448 Page 183 33 A.L.R.3d 448 (Originally
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NOTION TO yET ASIDE OROLR And NOTICX OT APPEAL or SUMMARY CONTEMPT
ROTA; and MOTION TOR RECUSAI Cr JUDG1 HOWARD;
NOTICE OF INsurriciverr or RECORD ON APPEAL
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From: zachcoughlin 2-24-12 9:00pm p. 23 of 76 To:' 1699ac9c-69b1-459848f6-39dd36e
published in 1970) A contempt order isafinal, appealable order. 'Their
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ran v. State, 375 Ark. 116, 289
S.W.3d 76 (2008). Contempt judgment isreviewable final order. C.G.S.A. 51-33. State v. Brescia,
123 Conn. App. 342, 1 A.3d 1145 (2010). Appellate Court will reverse afinding of contempt only if
the Court concludesthe trial court abused itsdiscretion. Dowd v. Dowd, 96 Conn. App. 75, 899 A.2d
76 (2006). Even if adjudication of contempt wasconsidered final judgment, court waswithout
jurisdiction where notice of appeal wasfiled more than amonth before sentencing. West v United
States(Dist Col App) 346 A2d 504, Order of family court in matrimonial action determining custody
of children demanding support payments, alloting personal property and finding party in contempt for
violation of prior order wasfinal and appealable, notwithstanding continuing jurisdiction of family
court tomodify order. Cleveland v Cleveland (1977, Hawaii) 559 P2d 744. A contempt order is
appealable under the same circumstancesasany other order or judgment entered in acivil or criminal
action. Callaghan v. Callaghan, 142 Idaho185, 125 P.3d 1061 (2005). Under rule that review of
already issued contempt order must be by writ of review or by appeal, writ of prohibition wasnot
proper remedy by which tocontest order finding divorced wife in contempt for failure togrant
visitation rightstodivorced husband. Dey v Cunningham, 93 Idaho684, 471 P2d 71. Ordinarily,
adjudication in contempt proceeding isfinal and appealable because it isoriginal special proceeding,
collateral to, and independent of, case in which contempt arises, where imposition of sanction does
not directly affect outcome of principal action, even though such adjudication doesnot dispose of all
issuesin litigation. Earlesv. Earles, 287 Ill. Dee. 400, 815 N.E.2d 1203 (App. Ct. 3d Dist. 2004). It is
appropriate for aparty torequest that acontempt order be entered against it sothat party may seek
immediate appeal of atrial court'sdiscovery order. Webb v, Mount Sinai Hosp. and Medical Center
of Chicago, Inc., 283 111. Dec. 185, 807 N.E.2d 1026 (App. Ct. 1st Dist. 2004). When an individual
appealsfrom acontempt sanction imposed for violating, or threatening toviolate, adiscovery order,
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NOTION TO SET ASIDE ORDER AND NOTITE OF APPEAL OF SUMMARY CONTEMPT ORDER,
and MOTION FOR RECUSAL OF JUDGE HOWARD:
NOTICE OF INSUFTICIENTY OF RECORD ON APPEAL
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the contempt finding isfinal and appealable and presentstothe reviewing court the propriety of that
discovery order. Redav. Advocate Health Care, 199 Ill. 2d 47, 262 Ill. Dec. 394, 765 N.E.2d 1002
(2002). Judgment of contempt against law firm for violating order towithdraw appearance after firm
wasdisqualified from representing defendant constituted fmal and appealable judgment and
presented tocourt for review propriety of court'sorder, even though suggestion that law firm refuse
towithdraw came from trial judge and underlying controversy wasnot certified for review. Index
FuturesGroup, Inc. v Street (1987, 1st Dist) 163 III App 3d 654, 114 III Dec 735, 516 NE2d 890. The
Court of Appealswill reverse atrial court'sfinding of contempt only where there isnoevidence or
inferencesfrom the record tosupport it. Deel v. Deel, 909 N.E.2d 1028 (hid. Ct. App. 2009),
Contempt judgment for violation of an order of the court regarding child visitation wasfinal and
therefore appealable. Thibodeaux v. Thibodeaux, 748 So. 2d 1180 (La. Ct. App. 5th Cir. 1999). 33
A.L.R.3d 448 Page 184 33 A.L.R.3d 44R (Originally published in 1970) Interlocutory judgment
finding exwife in contempt and ordering her topay afine and attorney feesthreatened irreparable
injury, and thus, direct appeal could be taken. Ducksworth v. Ducksworth, 727 So. 2d 1254 (La. Ct.
App. 4th Cir. 1999). A party found in contempt hasaright toappeal from that decision even though
the meritsof the litigation in which the contempt order wasentered have not yet been resolved.
Morrisv. Walden, 856 So. 2d 705 (Miss. Ct. App. 2003). Appellate court will not reverse acontempt
citation where the chancellor'sfindingsare supported by substantial credible evidence. Goodson v.
Goodson, 816 So. 2d 420 (Miss. Ct. App. 2002), Although separate issuesof main petition and
contempt were addressed within same judgment, each portion of judgment wasseparately appealable.
STL Capital Management, LLC v. Brda, 207 S.W.3d 649 (Mo. Ct. App. E.D. 2006). While contempt
ordersgenerally are final and not appealable, exception existsfor family law cases, in which appeals
are permitted. Heath v Heath (1995, Mont) 901 P2d 590. Although contemptof--court ordersissued
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MOTION TO 6ET ASIDE ORDER AND NOTICE OF APPEAL OF SUMMARY CONTEMPT ORDER: and MOTION FOR RICUSAL Cr JUDGE ROWARDJ
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by District Court are final and usually unreviewable except by way of writ of certiorari or review,
exception exists for contempt orders made in dissolutionofmarriage proceedings. In re Marriage of
Boharski (1993) 257 Mont 71, 847 P2d 709. An appellate court, reviewing a final judgment or order
in a contempt proceeding, reviews for errors appearing on the record. Douglas County ex rel.
Douglas County Assessor's Office v. Kowal, 270 Neb. 982, 708 N.W.2d 668 (2006). Appellate court,
reviewing final judgment or order in contempt proceeding, reviews for errors appearing on record.
Klinginsmith v. Wichmann, 252 Neb. 889, 567 N.W.2d 172 (1997). A contempt order imposing a
punitive sanction is a final order and is reviewable on appeal. McDermott v. McDermott, 8 Neb. App.
860, 602 N.W.2d. 676 (1999). Whether the trial court adhered to the requisite procedures in a criminal
contempt proceeding is a question of law, which is reviewed de novo. Mortgage Specialists, Inc. v.
Davey, 904 A.2d 652 (N.H. 2006). A finding of contempt, combined with a sanction for contempt,
forms a final appealable order. State v. Adams, 1.53 Ohio App. 3d 134, 2003-Ohio-3086, 791 N.E.2d
1045 (7th Dist. Harrison County 2003). A contempt proceeding, even though it grows out of another
proceeding, is ordinarily regarded as a collateral or separate action from the underlying case and is
separately appealable, with appellate review limited to the contempt order itself. Lerma v. Wal-Mart
Stores, Inc., 2006 OK 84, 148 P.3d 880 (Okla. 2006). Order of contempt is final and appealable when
the order contains a present finding of contempt and imposes sanctions. In re C.W., 2008 PA Super
254, 960 A.2d 458 (2008). A contempt order is appealable where the order constitutes a final one that
imposes sanctions upon the offending party. Takosky v. Henning, 2006 PA Super 237, 906 A.2d
1255 (2006). Superior Court will reverse trial court's determination as to contempt conviction only
when there has been plain abuse of discretion. Corn. v. Haigh, 2005 PA Super 139, 874 A.2d 1174
(2005), reargument denied, (June 17, 2005). Contempt order preventing neighbors
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MOTION
TO SET ASIDE ORDER AND NOTICE OF APPEAL 07 SUWART CONTEMPT ORDER/ and MOT/ON 7OR RECUSAI Or JUDGE EOVARDP
NOTICE OF INSUFFICIENTT OF RECORD ON APPEAL
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To 1699ac9c-69b1-4598-88f6-30dd36e From: zachcoughlin
from using property owners' pond wasimmediately appealable; it imposed cost of bond on
neighbors, and thissanction could not be purged. 33 A.L.R.3d 448 Page 185 33 A.L.R.3d 448
(Originally published in 1970) Wolanin v. Hashagen, 2003 PA Super 258, 829 A.2d 331 (2003). In a
case of contempt, the trial court may find aparty in contempt and that party may appeal the finding o
contempt, but the party asking for the contempt may not, asit isnot aggrieved. Borough of Slatington
v. Ziegler, 890 A.2d 8 (Pa, Commw. Ct. 2005). Since acontempt order isfinal in nature, an order
compelling discovery may be appealed only after atrial court holdsaparty in contempt. Tucker v.
Hondaof South CarolinaMfg., Inc., 582 S.E.2d 405 (S.C. 2003). The finding of contempt is
immediately appealable. Ex parte Cannon, 685 S.E.2d 814 (S.C. Ct. App. 2009). Circuit court's
remedy or punishment for contempt of court isreviewed under the abuse of discretion standard.
Sazamav. State ex rel. Muilenberg, 2007 SD 17, 729 N.W.2d 335 (S.D. 2007). Atrial court'sfinding
of contempt isreviewed for abuse of discretion. State ex rel. Flowersv. Tennessee Trucking Ass'n
Self Ins. Group Trust, 209 S.W.3d 602 (Tenn. Ct. App. 2006), appeal denied, (Oct. 30, 2006). A trial
court'ssentence for contempt, like the exercise of itscontempt power, isreviewable for abuse of
discretion. State v. Clark, 2005 UT 75, 124 P.3d 235 (Utah 2005). Trial courtshave discretion to
issue contempt orders, and reversal of acontempt judgment isappropriate only if the trial court's
discretion waseither totally withheld or exercised on groundsclearly untenable or unreasonable. In re
Duckman, 898 A.2d 734 (Vt. 2006). An adjudication of contempt isappealable if it isafinal order or
judgment; i.e., the contumacy, the party'swillful resistance tothe contempt order, isestablished, and
the sanction isacoercive one designed tocompel compliance with the court'sorder. RAP 2.2(a). In
Estatesof Smaldino, 212 P.3d 579 (Wash. Ct. App. Div. 1 2009). Appealsfrom contempt ordersare
one-judge appeals. W.S.A. 752.31(2)(h). In re Washington, 2006 WI App 99, 716 N.W.2d 176 (Wis.
Ct. App. 2006).
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MO TIO N TO SET ASIDE O RDER AND NO TICE O F APPEAL O F SUMMARY :O NTEMPT O RDER' and MO TIO N FO R RECUSAL O F JUDGE HO WARD/
NO TICE O F INSUFTICIENTY O F RECO RD O N APPEAL
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.,.,
1699ac9c-69b1-4598-88f6-30dd36e From: zachrough11n 2-Z4-12 9:00pm p. 27 of 76
CONCLUSION
Based upon the foregoing the undersigned respectfully requeststhat thisCourt set aside its
Order of December 16th, 2011, Set Aside the Summary Contempt Order) and any other relief this
Court deemsjust. Appellant Declaresunder
penalty of perjury, pursuant toNRS 53.045, that the assertionsin thisdocument are true and correct.
AFFIRMATION PURSUANT TO NRS 239B4O3Q
The undersigned doeshereby affirm that the preceding document doesnot contain the social
security number of any person.
Dated: Fe ruary 22, 2012
Zach Coughlin, Defendant
2
7
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MOTION TO SET ASIDE ORDER AND NOTICE OF APPEAL OF SUWART CONTEMPT ORDER; and MOTION FOR RECUSAL OF DUDGE EDWARD,
NOTICE O F INSUFFICEENTY OF RECORD ON APPEAL
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PROOF OF SERVICE
Pursuant to NRCP 5(b), I certify that I served a copy of the foregoing document upon the
following party by faxing, emailing, dropping Rf at their office, and placing a true and correct copy
of the foregoing document in the us mail. addressed tp:
Pamela Roberts, Esq.
John Kadlic, Esq.
Reno City Attorney's Office - Criminal Divison
P.O. Box 1900 Reno , NV 89505
Tel: 775-334-2050 Fax: 775-334-2420
robertsp@reno.gov Kadi icJaiReno goy
Attorney for City of Reno
Reno Municipal Courth
FILED BY FAXING TO RMC AT 775 334 3824; and deposting in
the usps mail a true and correct copy of
24th
Date this February 2 2012:
- 28 -
MOTI
O N TO SET ASIDE O RDER AND NO TICE CT APPEAL or suMMARI CO NTEMPT O RDER; and MO TIO N roR AECUsAL O r JUDGE HO WARD/
NO TICE O r INSUrrICIANTY O F RECO RD O N APPEAL
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larlomoc- ount- 49a- uuro- Juoaspe rzel zacncaagam mupm p. Cy O E SO
INDEX "t0 EXHIBITS
1. Exhibit 1: January 10
41
, 2012 email from RMC Interim Court Administrator Cassandra Jackson
with Attached December 16
111
, 2011 Order of Judge Howard; Four (4) pages
and All emails from ZachCoughlinghotmail.com to RenoMuniRecords@Reno.gov from 10/4/11 to
present; citing to attached pdf filings that should be included in the Record on Appeal, yt are not in
some instances; Forty Four (44) pages.
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MOTION TO SET ASIDE ORDER AND NOTICE OF APPEAL Or SUMMARY CONTEMPT OADVA; and NOTION TOE RECUSAL OF JUDGE NONAADI
NOTICE OF iwsuitimIEwTy Or RECORD ON APPEAL
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To 1699ac9c-691,1-4598-88f6-30dd36e From zachroughlin 2-24-12 9100pc p. 30 of 76
{otmail Print Message http://by148w.bay148.m aiLlive. com ail/PrintMessages.aspotTcpids=4b
records request for incident report urgent please
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Tue 10/04/113:10 PM
To: renomunirecordsCireno.gov
1 attachment
records request to re no city attorneys office oct 4.pdf (6E5 KB)
RenoMuniRecords@reno.gov
Dear Reno City Attorney Records Department.
My name is Zach Coughlin. I wish to obtain any and all records available
incident to an arrest at the E. 2nd St. Walmart by the Reno Sparks Indian
Colony Police on or about Saturday October 10th, 2011 at between
approximately 9pm and 10:30pm. I want any and all records, video, audio,
paper documentation or otherwise that I have a right to. I am representing
myself. I have sought these records from the Reno Municipal Court's
Records Office and they kept telling me they didn't have them yet and that I
should return sometime soon. Finally, they admitted the do not keep these
records and they must be obtained from your office. The RSIC Police
refused to give me a copy of these records. This delay has unduly prejudiced
my case and I request that you provide these records to me at once, with no
delay, please. I believe this case should be dismissed.
Sincerely,
Zach Coughlin signed electronically and signed in attached PDF. I can come
pick the records up with identification if that is required or I hereby give you
permission to email them to me or mail them to the address below:
Zach Coughlin
121 River Rock St.
Reno, NV 89501
** Notice** This message and accompanying documents arc covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (a) only. If you are not
the intended recipient or on agent responsible for delivering it to the intended recipient, you are hereby notified that you
have received this document in error and that any review, dissemination, copying, or the taking of any action based on the
contents of this information is staidly prohibited.
of 47 1/29/2012 8:46 PI
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iotrn ail Print Message http://by1 48w.bay1 48.maiI.live.com/mail/PrintMessages.aspx?cpicls-4b.
CONFIDENTIALITY NOTICE
This message is confidential, intended only for the named recipient(s) and may contain information that is
privileged, work product or exempt from disclosure under applicable law. If you are not the intended recipient(s),
you are notified that any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on
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the named recipient(s), please notify the sender, delete this e-mail from your computer, and destroy any copies in
any form Immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client,
work product, or other applicable privilege.
records request
From: Zach Coughlin (zachooughlinOhotmail,com)
Sent: Tue 1 0/04/1 1 4:41 PM
To: renomunirecordsnreno.gov
2 attachment
RMC subpoena.pdf (67.8 KB) , RECORD_REQUEST_Zach Coughlin to RMC.pdf (20.2 KB)
October 4, 2011
Dear RenoMunicipal Court RecordsDivision,
My name isZach Coughlin. I have now been informed by both the Reno
Municipal Court and the RenoCity Attorney'sofficer, and the RenoSparks
Indian Colony none of these entitiescan provide my requested records. You
have them, 1 believe I have aconstitutional right tothem. If you feel
differently, please explain in writing why that isthe case.
I wish toobtain any and all recordsavailable incident to1C110627 at the E.
2nd St. Walmart by the RenoSparksIndian Colony Police on or about
Saturday October 10th, 2011 at between approximately 9pm and 10:30pm, I
: of 47
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http://by148w.bay148.mail.live.com/mail/F'rintMessages.aspx?cpids=4b.
want any and all records, video, audio, paper documentation or otherwise that
I have a right to. I am representing myself. I have sought these records from
the Reno Municipal Court's Records Office and they kept telling me they
didn't have them yet and that I should return sometime soon. Finally, they
admitted they do not keep these records and they must be obtained from your
the Reno City Attorney's Office. At the RMC records window I spoke with a
supervisor named Karen. She denied my request for these records today.
This delay has unduly prejudiced my case and I request that you provide
these records to me at once, with no delay, please. The RS Indian Colony
Police refused to give me a copy of these records today when I spoke with
Sargent Avansino, who was polite and helpful otherwise. I believe this case
should be dismissed.
Signed electronically and signed in a signed attached PDF. I can come pick
the records up with identification if that is required or I hereby give you
permission to email them to me or mail them to the address below:
Zach Coughlhu
121 River Rock St.
Reno, NV 89501
Sincerely,
Zach Coughlin
**Nonce** This message and atcompanyirg documents are covered by the electronic Communcations Privacy Act, 18
U.S.C. 5 2510-2521, and may contain confidential information intended for the specified individual (s) only. If you am not the
intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have
received this document in error and that any review, dissemination, copying, or the taking of any action based on the contents
of this information is strictly prohibited
CONFIDENTIALITY NOTICE
This message Is confidential, intended only for the named recipient(s) and may contain information that is
of 47
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fotm ail Print Message
rrom: zacaccugollin e-eq-le N:uupm p. 73 O Z ro
http://by148w.bay148.maiLlive.corr,/mail/PrintMessagesaspx7cpids--
-
4b
privileged, work product or exempt from disclosure under applicable law. If you are not the intended recipient(s),
you are notified that any disclosure, copying, distribution or any action token or omitted to be taken in reliance on
the contents of this information is prohibited and may be unlawful. If you receive this message in error, or are not
the named recipient(s), please notify the sender, delete this e-mail from your computer, and destroy any copies in
any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client,
work product, or other applicable privilege.
Reno Municipal Courtappointmentof counsel
From: Zach Coughlin (zachcoughlin@hottmaii com)
Sent: Mon 11/28/11 11:42 AM
To: ItaitelZDsbcglobal net renomunirecords@reno.gov
Dear Mr. Ta'tel,
I understand you have been assigned torepresent me in the RenoMunicipal Court trespassComplaint aga:rtst
me. Please note that my addresshasrecently changed to:
Zach Coughlin
817 N. VirginiaSt. in
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
I have recently been evicted and it hascaused enormousupheaval tomy life, and I am indigent, assuch, I believe a
continuance isnecessary and askthat you seekone for the December 13th, 2011 "trial" that I only became aware ofthrough
calling the RenoMunicipal Court. Also, please provide me acopy ofany motionsor pleadingsyou have filed on my behalf
and any documentation that you have been provided by the court, opposing counsel, or anyone else. I prefer such
documentation be emailed, but I realise that may not be possible. I would like toobtain accpy ofthe Complaint and
Discovery, including the probable cause sheetsand any witnessstatementsassoon aspossible.
Sincerely,
Zach Coughlin
'r Notice" Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissem ination, copying, or the taking ofany action based on the
t of47
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01128
01128
LCIllmuuyIalu 9.00pw
Y.
74 uf 7G
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Tu; 1033d0o.
-
0314
-
4790
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00I0
-
301.11.17Ge
i0tMail Print Message
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. if you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and maybe unlawful. If you receive this message In error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
records request
From: Zach Coughlin (zochcoughlin@hotmail.com)
Sent: Mon 1 1 /28/U.2:30 PM
To: renomunirecordsrenagov
1 attachment
RECORD_REQUEST_FORM_2010[1) rmc trespass 1 1 1 3 1 1 records request 1 1-221 85.pdf (20.8 1 (8)
Zach Coughlin, 817 N. VirginiaSt. #2
Reno, NV 89501
tel: 775 338 81 1 8
fax: 949 667 7402
** Notice* Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.0 2510-2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain Information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. if you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
FW: temporary address change and instruction to pursue a continuance
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Loacac-imi-4als-eare-Juomme rrom: racncougalin C
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lotrn ail Print Message
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From: Zach Coughlin (zachcoughlin@hotmail corn)
Sent: Tue 11/29/11 3:14 PM
To: robe rtsp@reno.gov; reno mu ni reco rcis @reno.gov
1 attachment
Motion for Continuance to Reno City Atty Roberts RMC.pdf (448.9 KB)
Ms. Roberts and RMC Records Supervisor Donna,
I am forwarding this apology I sent to Judge Howard in response to his remonstration responding to my email to
him, in an abundance of caution to avoid ex parte communications with the court, outside your presence. Please
also find attach e a NRCP Rule 11 safe harbor filing ready sanctions motions I am hereby serving on you,
invoking the 21 day safe harbor, with a reservation that any misconduct you commit in the court's presence may
be punished sua sporte or subject to contemporaneous sanctions requests, particular with regard to you blase
dismissal of the official misdoncut, malicious prosecution, 42 USC Sec 1983 deprivations of civil rights under
color of state law and all those other things your office and Hartshorn, et all have been sued for over the years.
Please find attached my Motion for Continuance, being filed by fascimile today with the RMC.
Zach Coughlin, Esq.
817 N. VirginiaSt. if2
Reno, NV 89501
tel: 775 338 8118
fax.: 949 667 7402
Licensed in Nevada and USPTO
** Notice** This message and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. If you are not
the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is conf identfal,intended only for the named
recipient(s) and may contain information that Is privileged,attorney work product or exempt from disclosure
under applicable law.If you are not the intended recipient(s),you are notified that any disclosure,copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful.If you receive this message in error,or are not the named recipient(s),please notify the
sender,delete this e- mall from your computer,and destroy any copies in any form immediately.Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney- client,work product,or other applicable
privilege.
From: zachcoughlin@hotmail.com
To: howardk@reno.gov
Subject: RE: temporary address change and instruction to pursue a continuance
Date: Tue, 22 Nov 2011 17:22:45 -0800
; of47
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To' 1699ac9c-69b1-4598-88f6-30dd36e From: zachcoughlin 2-24-12 9:00plo p. 36 of 76
iotm ail Print Message
http://by148w.bay148.mailiive.com/mail/Print2vIessages.aspx?cpids=4b.
Dear Judge Howard,
My apologiesYour Honor. I have had an unlawful rent distraint applied toall
my office equipment and the filesnecessary todefend thiscase and produce
motions, incident toasummary eviction stemming from alease that wasat
least in part commercial, had arent escrow deposit forced upon me in
violation of NevadaLaw, had all my computersprinters, everything subject
tothe distraint. I have anetbookit won't accept aprinter and on and on. I
apologize. I donote that the RMC rulesallow for filing by facsimile, though
I gather not tothe fax number listed for yoru chambersat www.nvbar.org.
Sincerely,
Zach Coughlin,
------
request of cd of trial in 11 CR 22176 21
From: Each Coughlin (zachcoughlin@hotmaik.com)
Sent: Thu 12/08/11400 PM
To: renomunirecords@reno.gov
Hello, I am writing torequest acopy ofthe cd ofthe record oftrial in H CR 22176 21 in addition toacopy ofthe Contempt
Order and any other ordersmade in that matter, in addition toacopy ofthe docket
Please em all these tome ifpossible. I will agree topay the copying costsor the paper documentsor the audiocd/dvd I
need these assoon aspossible please.
Zach Coughlin., Esq.
817 N. Virginia St. #2
Reno, NV 89501
Fax: 949 667 7402
Licensed in Nevada and 'USPTO
**Notice** Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (a) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, a ttorney work product or exempt from disclosure
under applicable law. if you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken In reliance on the contents of this information is prohibited
' of 47
1/29/2012 8A6 Pl
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11 :11Upti p. $1 of YO
http://by148w.bay148.maillive.comhnail/Printiviessages.aspx?cpids=4b
and may be unlawful. if you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, ar other applkable
privilege.
REQUEST FOR RECORDS CD/DVD OF TRIAL AND OTHER
DOCUMENTATION URGENT PLEASE
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Thu 12/08/11 5:45 PM
To: renomunirecords@reno.gov
1 attachment
RECORD_ REQUEST_ FORM2010(1) trial cd and orders to RMC 12 8 11 fina I. pdf (441.5 KB)
Please let me know right away ifthere is any problem opening the attached
pdfcontaining my URGENT records request.Please find attached my urgent
request for a tape ofthe trial held on November 30, 2011 (exigent concerns
related tomy ability tofiled relieffrom judgment motions with 10 days of
the Order, which was apparently made on 11/30/11 dictate that I be provided
a copy ofthe tape or cd/dvd ofthe hearing very quickly, please), any order or
findings in this case, the entire docket, any Contempt Order stemming from
the 11/30/11 trial, etc.I will pay all charges required, though I believe my
indigent status should yield an IFP or fee waiver, however, time is ofthe
essence and I cannot wait more than halfa day tohave an IFP ruled on, so
please proceed as though I will pay.Please let me know immediately, via
email preferably, or by fax (but not by phone or USPS mail) when these
materials are ready, in addition toproviding me a written estimation ofhow
long it will be before they will be ready and made available tome.
Sincerely,
Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
of 47
1/29/2012 8:46 Pl
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lot:nail Print Message http://by148w.bay148.maillive.corn/mail/PrintMessages.aspx?cpids-4b
Licensed in Nevadaand USPTO
" Notice** Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 1510-2521, end may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissem ination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any farm immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
signed REQUEST FOR RECORDS CD/DVD OF TRIAL AND OTHER
DOCUMENTATION URGENT PLEASE
From: Zach Coughlin (zachcoug lilin@hotrnail.com)
Sent: Thu 12/08/115:56 PM
To: renomunirecordsDrenogoy
I. attachment
RECORD_REQUEST_FORM_2010[1] trial cd and orderstoRMC 12 8 11 signed.pdf(446.2 KB)
I am resending the Recordsand REcording ofTrial request form, SIGNED, just in case that isnecessary.
ThankYou,
Zach Coughlin, Esq.
817 N. VirginiaSt. #2
Reno, NV 89501
te1: 775 338 8118
fax: 949 667 7402
Licensed In Nevadaand USPTO
** Notice** Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (a) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
of47
1/29/2012 8:46 PD
01133
01133
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Iotmail Print Message
contents of this information is strictly prohibited. This message is confidential, intended only for the named
recipient( s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient( s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and maybe unlawful. If you receive this message in error, or are not the named recipient( s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient( s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
From; zachcoughlinPhotmail.com
To: renomunirecorcfs(Preno.gov
Subject REQ UEST FOR RECORDS CD/DVD OF TRIAL AND OTHER DOCUMENTATION URGENT PLEASE
Date: Thu, 8 Dec 2011 17:4527 -0800
Please let me know right away if there isany problem opening the attached
pdf containing my URGENT recordsrequest. Please find attached my urgent
request for atape of the trial held on November 30, 2011 (exigent concerns
related tomy ability tofiled relief from judgment motionswith 10 daysof
the Order, which wasapparently made on 11/30/11 dictate that I be provided
acopy of the tape or cd/dvd of the hearing very quickly, please), any order or
findingsin thiscase, the entire docket, any Contempt Order stemming from
the 11/30/11 trial, etc. I will pay all chargesrequired, though I believe my
indigent statusshould yield an IFP or fee waiver, however, time isof the
essence and I cannot wait more than half aday tohave an IFP ruled on, so
please proceed asthough I will pay. Please let me know immediately, via
email preferably, or by fax (but not by phone or USPS mail) when these
materialsare ready, in addition toproviding me awritten estimation of how
long it will be before they will be ready and made available tome.
Sincerely,
Zach Coughlin, Esq.
817 N. VirginiaSt. #2
Reno, NV 89501
tel: 775 338 8118
fax 949 667 7402
Licensed in Nevadaand USPTO
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** Notice** Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
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the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. if you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and maybe unlawful. if you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
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privilege.
RMC said Icould file this by email
From: Zach Coughlin (zachcoughlin@hotrrall.corn)
Sent: Mon 12/12/11 7:28 PM
To: renomunirecords@reno.gov
1 attachment
12 1111 final motion for new trial city ofrenov coughlin RMC n CR 2217.pclf(12.9 MB)
Dear RMC,
I called an wrote earlier and received approval tofile the attached pdf and
mediafilesby email rather than fax or other submission. Thisfiling islarge,
assuch, it must be broken down intosegments. thisispart one, part twowill
be in the next email. I will pay whatever filing fee or bond or whatever I
have topay toaccessjustice in thishere case.
Sincerely,
Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 8950
fax: 949 667 7402
Licensed in Nevada and USPTO
** Notice** Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
2510-2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
1 of 47
1/29/2012 8:46 Pit
01135
01135
1.1404
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Iotm ail Print Message
tram: zacticoug6110 C
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http://by 1 48w.bay 1 48.mai 1_ liv e.comim ail/PrintMessages.aspx?cpids=4b
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege,
Motion for New Trial Etc. in RMC 11. CR 22176
From: Zach Coughlin (zachcoug hl n@ hotmai I .corn)
Sent: Mon 12/12/11 7:40 PM
To: fiskrnPreno.gov; renomunirecords@reno.gov
1 attachment
RMC 11 CR 2217 part twoexhibit 1 pages1-300 ofMotion for New trail f-om 1 2 1 2 201 1 .pdf (8.6 MB)
I received approval to file by email from RMC
This is the second file in the filing.Please note, the file name of the attachment should actually have the correct
case number of RMC CR 221 76.It is missing the 6 on the end in the file name of the attachment
Zach Coughlin, Esq.
817 N. VirginiaSt. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
Licensed in Nevadaand USPTO
**Notice" Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
2 of 47
1/29/2012 8:46 PA
01 1 36
01136
.a.n. H.,nrwateMer.i.161.414690..e..i
11,,lacsc-0,01-sDso-sane-Juaasoe
iotm ail Print Message
tram: zachcanighlia 2-24-12 9:00pm p. 42 of 76
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other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
Motion for New Trial Etc. in RMC 11 CR 22176
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Mon 12/12/11 7:57 PM
To; fiskm@reno,gov; renomunirecordsgreno.gov
1 attachment
RMC 11 CR 22176 part three Exhibit 1 pages301-600 ofMotion for Newtrail from 12 12 2011.pdf(9.7
MB)
Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949667 7402
Licensed in Nevadaand USYTO
** Notice** Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipierit or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable taw. If you are not the Intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any
copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
RMC 11 CR 22176 partfour Exhibit1 pages 601-701 of Motion for New
trail from 12 12 2011 ey
of47
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totm ail Print Message http://by 1 48w.bay148.mail live.com/m ail/PrintMessages. as px? cpids=4b
From: Zach Coughlin (zachcoughlin@hotnnail.conn)
Sent: Mon 12/12/11 8:23 PM
To fiskm@reno.gov; renomunirecords@reno.gov
1 attachment
RMC 11 CR 22176 part four Exhibit 1 pages 601-701 of Motion for New trail from 12 12 2011 ey.pdf
(11.8 MB)
Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
Licensed in Nevadaand LTSPTO
** Notice** Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipients) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the Intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any farm immediately. Receipt by anyone
other than the named recipients) is not a waiver of any attorney-client, work product, or other applicable
privilege.
RMC 11 CR 22176 part four Exhibit 1 pages 701-794 of Motion for New
trail from 12 12 2011 ey
From: Zach Coughlin (zachcoug hlin@ hotmail.com)
Sent: Mon 12/12/11 8:29 PM
To: fiskm@reno.gov; renomunirecords@reno.gov
1 attachment
RMC 11 CR 22176 part four Exhibit 1 pages 701-794 of Motion for New trail from 12 12 2011 ey.pdf
(14,4 MB)
I of 47
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toe imacsc-osoi-osa-aaro-ivaaioe era's! zachcoughlin 2-24-12 9100pm p, 44 of 75
Tetraei1 Print Message http://by148w. b ay148. m ail. I iv e. c om ail/PrintIvIessages. aspx? cpicts4b
Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
Licensed in Nevada and USPTO
** Notice** Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
reciplent(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken In reliance an the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
From: zachcoughlin@hotmail.com
To: fiskmOreno,gov, renomunirecordsreno.gov
Subject: Motion for New Trial Etc. in RMC 11. CR 22176
Date: Mon, 12 Dec 2011 19:57:50 -0800
Zach Coughlin, Esq.
817 N. VirginiaSt. #2
Reno, NV 89501
tel: 775 338 8118
fax 949 667 7402
Licensed in Nevadaand USPTO
** Notice** Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
i of47
1129/2012 846 PI
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01139
114; .iu dv,v-usal
-
ISSe
-
seC0-41700Jee trot: zacriccugnttn e-ei-le mupm p, 45 of 76
:otm ail Print Message
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under applicable law. if you are not the intended recipient(s), you ore notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. if you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
audio of the November 30th Trial in Judge Howards court
From: Zach Coughlin (zachcoughlinOhotrrail.corn)
Sent Mon 12/12/11 9:56 PM
To: fiskm@reno,gov; renomuni-ecords@reno.gov
Dear Mr. Fiskand the RMC,
RMC II CR 22176. I really need toquickly get acopy of the audio
recording from that. I went tothe filing office counter and the clerksaid I
couldn't get it, but I could forkover alot tohave it transcribed, isthat true,
have IFP status, and filed aMotion for Transcription at Publice Expense, but
should I be able topay the $30 or whatever and get acd of the hearing? Here
isanother copy of My Motion for new Trial/NOtice of Appeal/IFP thing:
httos://skydrive.live,com/reclinasp x?cid =43084638f32c5f28&resi d =430134638 F32 F5 F28l1031&parid =root
Maybe that will be easier, that iswhere the exculpatory videoevidence issent toyou aswell, acontinuation of
exhibit one. I appreciate the RMC allowing me tofile viaemail thisway assometimesmy fax service isJunky.
Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
Licensed in Nevada andlIST'TO
*' Notice* Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. If you are not
the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. if you are not the intended recipient(s), you are notified that any disclosure, copying,
5 of 47
1/29/2012 8:46 PI
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Iotm ail Print Message
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distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
RMC 11 CR 22176 partfour Exhibit1 pages 601-701 of Motion for New
trail from 12 12 2011 ey
From: Zach Coughlin (zachcoug hl n hotmai I .corn)
Sent: The 12/13/11 2:26 PM
To: fiskmreno.gov; renomunirecords@reno.gov
1 attachment
RMC 11 CR 22176 part four Exhibit 1 pages601-701 ofMotion for New trail from 12 12 2011 ey.pdf
(11.8 MB)
Zach Coughlin, Esq.
817 N. Virginia St #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
Licensed in Nevada and USPTO
"" Notice** Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law, if you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipients) is not a waiver of any attorney-client, work product, or other applicable
privilege.
records request
' of47
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*-3.5.111
,
..........0,tie ter
fe: 1099ac9c-09b1-459V-VUtb-JUdalbe
iotrnail Print Message
From: zachcoughlin 2-24-12 9:OOpe p. 41 of 15
http://by148w.bay148.maiLlive.com/mail/PlintMessages.aspx? cpids4b
From: Zach Coughlin (zachcoug hlin@hotmail.com)
Sent: Tue 12/13/11 4:02 PM
To: renomunirecords@reno.gov;fiskm@reno.gov
2 attachments
RECORD_REQ UEST_FORM walmart RMC 11 CR 221761C 110627 trial cd and orders to RMC 12 811
signed.pdf (453.4 KB) , RECORD_REQ UEST_FORM_2010(1] rmc trespass 11 13 11 records request 11 CR
22185 City of Reno v Coughlin signed.pdf (510.9 KB)
Let this writing also werve as the cover letter called for in RMCR 5(D):
attorneysname.: Zach Coughlin. Esq.
the firm's name: Zach Coughlin. Esq.
address. S17 N. Virginia St. #2
fax number 949 667 7402
telephone number; 775 229 5737
the attorneys state bar number; NV Bar No: 9473
Dear Mr.Fisk,
I really need a copy ofthe audioofthe Trial in 11 CR 22176 and a copy of
both the Contempt Order and the Guilty Verdict (Veronica said she would fax
one and that the RMC never sent or served me a paper copy beyond shoving
some papers in my fax when I was being handcuffed then taking them away
from me separately in a huffwhen I stated that I might like toknow what it
was I was tosign or read it (or 6th Amendment, etc).However, I have
received nofax ofthose Orders as Veronica said she would send me
yesterday.She said it in an angry unprofessional tone and I am hereby
complaining in writing about that and Marshall Monte's angry threatening
tone and language tome at the arraingment ofOctober II, 2011.Please
place a copy ofthis in their personnel files and the record in both ofmy CR
RMC cases.
I was told by a RMC filing office counter clerk yesterday that I was not
allowed toget a copy ofthe audioofmy 11 30, 2011 hearing before Judge
Howard, that I would only be able toget a transcript after using the one
transcriptionist the RMC approves ofand after paying her a substantial
amount ofmoney upfront, but that ultimately, the audiowould never be
made available tome.
Is this the case? Please respond in writing or email me a copy ofthe audio
files and the pdfs or whatever file type the Contempt Order and Guilty
Verdict etc, in 11 CR 22176 are in, in addition please provide the Motion to
Withdraw and Notice ofappearance in 11 CR 22185 by Taitel and then
of 47 1/29/2012 8:46 Pt
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lu; 10,7ac,c-o,o1-13yo-ooro-JuaaJoe tram: zachcougniln 2-Z4-1Z YO Ups p. 48 of 75
iotm ail Print Message http://by148w,bay148.mail.live.com/m ail/PrintMessages.aspx? opids=4b
Puentes. I sent you the videoexhibitswith the same mysteriousVerint codec
that the RMC provided me. Why asimple .avi file needssome mysterious
codec that isabout 13mb in size istruly amystery tome.
12 1111 Defendants Motion for New Trial, Set Aside, Vacate Judgment/Conviction of underlying crime and
Contempt in Court's Presence finding/ IFP Petition/ Motion for Reconsideration/Notice of Appeal, Case Statment
in case: city of reno v coughlin RMC 11 CR 22176; Records Request form Defendant and Request for
Transcription at Public's Expense and Request for a copy of the audio recording of the Trial of 11 30, 20111;45
pm to end in RMC 11 CR 22176.
Additionally, I never received service of any Notice of Appearance nor a Motion to Withdraw by Lew Taitel, Esq,
the attorney appointed to represent me as required by RMCR Rule 3: Authorization to Represent
A. Attorneys representing defendants shall promptly serve written notice of
their appearance with the City Attorney and file the same with the Court
B. An attorney desiring to withdraw from a case shall file a motion with the
court and serve the City Attorney with the same. The court may rule on
the motion or set a hearing,"
Further, RMCR state: "Rule 5: Motions by Facsimile
A. All rules and procedures that apply to motions filed in person at the
court shall also apply to motions filed by facsimile, except as otherwise
specified in this rule.
B. All persons are eligible to use motion-by-facsimile procedures.
C. All motions filed by facsimile must be accompanied by a cover sheet
which must include the person's name, address, fax number and
telephone number.
D. All facsimile motions filed by an attorney must include the attorney's
name. the firm's name. address, fax number and telephone number. In
addition. the attorney's state bar number must be conspicuously
displayed on the cover sheet,
E. AU motions filed by facsimile must be accompanied bv_proof of service.
Service may be accomplished by facsimile when the receiving party is a
Governmental anencv, an attorney, or with the consent of the receiving
party. If service of the motion is accomplished by facsimile the 3-day
allowance for mailing shall not be computed into thy time for response.
F. A defense attorney filing a motion in the first instance must also file a
proper authorization tc represent.
G. Any mot'on received by the court after 4:30 p.m. or on a non-court day
shall be filed on the following court day.
Rule 6: Continuances
No continuance shall be granted, including a stipulated continuance, except
for good cause. A motion or stipulation for continuance must state the reason
therefore and whether or not any continuance has previously been sought or
granted."
Let this writing also werve as the cover letter called for in RMCR 5(D):
attorneys name,: Zach Coughlin. Esq.
the firm's name: Zach Coughlin, Esq,
address, 817 N. Virginia St. #2
o af 47
1/29/2012 8:46 PX
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-
U7U1
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4770^0OLUJUOUJUU nom: zacocO UgO i= 4-44-14 artiupm p. 4y of /0
Iotm ail Print Message
hap //by148w. bay148. meal ive.com/m ail/PrintMessages.aspx? cpids-4b
fax number 949 667 740Z
telephone number: 775 229 6737
the attorney's state bar number: NV Bar No; 9473
And: ''Rule 9: Appeals to District Court
Except as otherwise provided in N RS 177.015 a defendant in a criminal action
tried before a Municipal Court Judge may appeal from the final judgment
therein to the Second Judicial District Court, at any time within 10 days from
the date that judgment is rendered "
Judge Howard informed me during his oral pronounce of his Contempt Order and Guilty Verdict on 11 30,2011
that he would afford me an additional 3 non jud'cial days to file a Notice of Appeal or any other Motion, Request
for Reconsideration, or other Motion seeking relief from his 11 30 2011 rulings on account of his sua sponte, with
no possibility of Stay or prior judicial review ordering his Marshalls to slam be into handcuffs and throw me into
Jail, kind of like in Houston v. 8th Judicial District Court, escept Judge Howard didn't cool down like Judge
Po meranz did and Houston wasn't defending a criminal charge that tarred a possibility of incarceration of
substantial length after being denied his 6th Amendment Right to Counsel. I am formally complaining about
Judge Howard;s conduct in that regard, please place a copy of this in his personnel file and let me know whether
you think a Complaint to the Judicial Discipline Commission would be appropriate, in your professional opinion.
I filed my Notice of Appeal in 11 cr 22176 yesterday with the RMC via email, as previously given permission to do
by the RMC. To the extent that was ineffective, let this writing act as a Notice of Appeal and agreement to pay
all charges required for such.
PROOF OF SERVICE:
I emailed a copy of this to Pam Roberts for the Plaintiff City of Reno on this date, a true and correct copy and
further email her a copy of all the 12 11 11 MOtion fa
,
New Trial, etc yesterday to:
Pamela G Roberts
Company. Reno City Attorney's Office - Criminal Divisor
Address: P.O. Box 1900
Reno
, NV
89505
Phone Number: 775-334-2050
Fax number 775-334-2420
Email: robertspPreno.gov
Sincerely,
Zech Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
fax: 949 667 7402
Licensed in Nevada and USPTO
** Notice**
This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
1/29/2012 8:461)2\
01144
) of 47
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rotLo99acuc-t19131- mts-trum-itidniee From: zachcoughlin 2-24-12 9:00pm p. 50 of 76
iotrn ail Print Message http://by148w.bay148.maillive.com/mail/PrintMessages.aspx?cpids=4b
U,S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissem ination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. if you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and maybe unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
IFP/ FINANCIAL INQUIRY APPLICATION
From: Zach Coughlin (zachcoughlinhotmail.com)
Sent: Wed 12/14/11 12:22 AM
To: ballardd@reno.gov, renomuni reccrds@reno.cov
2 attachments
Coughlin IFP and Financial Inquiry Applicalion RMC 11222011 11 CR 26405 21.pdf(38L9 KB) , Coughlin
IFP and financial Inquiry Application RMC 11222011 11 CR 22176 2I.pdf(372.0 KB)
Zach Coughlin, Esq.
817 N. VirginiaSt. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.corn
NevadaBar No: 9473
Ms. Ballard,
Please note, the gentleman I worked with at the filing office counter today informed me there were no
appeal fees, bonds, or other chargesthat I could pay (including transcription costs) as"all chargesare
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roc loyuacvc-om-ose-uuto-imicibe From; zachcoughlto Z-24-12 9:COpm p. 51 of 76
Iotm ail Print Message http://by148w.bayi 48.maillive.com/mail/PrintMessages.aspx?cpids=-4b
being taken from" my bail in the respective matters. Please email me the audiofrom the November
20th,2011 Trial in 11 cr 22176 21 and proof of service of any Contempt Order or Guilty Verdict/Order
in that matter. Please file thisaswell asaOpposition toAny Motion toContinue Trial in 11 cr 26405,
dept 2, and aMotion toSet Aside or Vacate any Order Granting Continuance in response tosuch an
Order Granting Continuance. Please email, fax, or mail me acopy of the Notice of Appearancesby
both Taitel and Puentesand the Motion and Order Granting Withdrawal of Taitel, if it exists. I would
like acopy ofthe docket in both 11 CR 26405 21 and 11 CR 22176, despite your informing me today
that I would need tosubpoenathe docket tohave any chance of seeing it and that I would not be
provided accesstodocumentsin the public record, including Ordersin both of these cases.
Sincerely,
Zach Coughlin
** Notice** Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissern ination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message Is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. if you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), pleas. notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
RE: Message left on 12/13/2011
From: Zach Coughlin (zachcoug hi i n@ hotrnai I.com)
Sent: Wed 12/14/11 6:52 PM
To: rope tjreno,gov; fiskgPreno.gov, ballardd@rerio.gov; renornunirecordsgreno.gov
Dear Chief Marshal Roper, and the RMC,
Thankyou for your quickreply. I actually requested acopy of some
documentation related tomy complaintsabout both incidentswith Marshal
Mentzel be placed in hisemployment or personnel file, not that you provide
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lottnail Print Message
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: me a copy of his file. I would like one, or a copy of any complaints against
any Marshals, but I realize a subpoena would likely be required to have any
chance at that. Negligent Training, Hiring, Supervision.
I never received a copy of the Contempt Finding and Guilty
Verdict/Judgment/ORder or whatever from the 11 30, 2011 Trial before Judge
Howard in 11 CR22176 21, though "Veronica" (no one will tell me her last
name, but she works closely with the RMC Judges) said the only "service" of
those Orders that was ever attempted on me occured while I was handcuffed,
after which point some Marshalls (I did not catch their names and they
manhandled me roughly into handcuffs, refusing to even let me save my
notes on my laptop at the sudden conclusion of Judge Howards Order and
Contempt finding. This is truly reprehensible to not even let me save my
damn notes and act like I was some perp who just knocked of a god damn
liquor store with a firearm. Some people need to get a grip inside. Please
place a copy of this written complaint against whatever Marshals were
involved in that in their employment/personnel files as well. Please provide
me a copy of any complaints you have received against any Marshals.
I would like a copy of the 11 30, 2011 Order and the audio of the Trial. I
believe you have a duty to find out what those Marshals did with this
document that "Veronica" alleges they attempted to serve on me, though,
even 14 days after the Trial, the "docket" in the RMC filing office still
contains no Order, no mention of an Order, and certainly no Proof of Service
of anything of the sort, nor have they responded to any of my documentation
requests or a request of the audio of the Trial of 11 30, 2011, despite an
exigent need for such to prepare Relief from Judgment Motions that have
deadlines of 10-20 days from "service" of the "Order", and who knows how
that will be measure. Why it was necessary to cost the public a bunch of
overtime pay for the 5 or so Marshalls, and who knows how many court staff
to stay until nearly 9pm on 11 30, 2011 to complete this "Trial", and how it
was such a damn emergency, especially where Richard Hill was able to get a
continuance because he was going to be on vacation in the trespass case
against me 11 CR 22185 21, despite the fact that Lew Taitel never receive my
consent to such a Motion for Continuance, and further Taitel was arguably
conflicted out of representing me considering his "association" with Nevada
Court Services and the torts the committed against me, which resulted in a
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Tb: 16993c9c-69b1-4598-8816-30dd36e From: zacheoughlin 2-24-12 9:00pm p. 53 of 76
Iotm ail Print Message http://by 4 8w.bayl 4 8.m ai liv e. om /in ail/PrintMessages.aspx?cpids=4b
lawsuit being filed against them, or at least an IPF Petition and Proposed
Complaint in District Court, prior to Taitel's appointment and representation.
If the RMC can afford all that damn overtime for everyone, why couldn't it
appoint me a defense attorney in RMC 11 CR 22176, especially where Judge
Howard ruled, not 20 minutes into Trial that he was finding me in Contempt
of Court and would decide the sentence (which obviously included a
possibility of incarceration) at the conclusion of the Trial?
Further M. Mentzel clearly bumped Donna Ballard out of the way in his zeal
to establish dominance of me, a person who was providing absolutely no
resistance at the time. Mentzel went on to start order me to leave the
premises after my conversation with Ballard and the file clerk was done.
Duh, Mentzel, it was 5:00 pm or so "closing time" what do you think I am
going to do, hang out and chill with you guys? Look at the Notice of Hearing
or Docket in RMC 11 CR22176 21 (I am also hereby requesting a copy of
the audio or video of the hearing from the RMC) and the hand written
interlineations I made on the document M. Mentzel provided me in court on
10 11, 2011, where I mention the problems associated with asking questions
about my Sixth Amendment Right to Counsel where only the possibility of
jail time exists. I asked Mentzel at that time a miestion about the process and
he got very angry, threatening, and insulting with me, then later, criticized my
appearance before Judge Gardner, I believe he said I was "sarcastic" and or
rude to the Judge in the same way I had been to Mentzel himself. I submit
that citizens trying to access justice should not be taken as a personal affront
to RMC employees like Mentzel, and that he needs to strongly consider how
he comes across to the public when he acts the way he does, and carries a
firearm, color of law, a badge, and apparently, the blessing of the RMC in
carrying out behavior that seems more fitting for a nightclub bouncer than a
Marshal. Further, the video played at arraignments is overly hostile and
threatening in my opinion, especially the parts where Judge Gardner makes
statements on the "extremely" poor choice it would be to represent one's self
pro se and all these tones and words used that make it sound like pro se
defendants will be punished for not either copping a plea or going with one
of the "four former prosecutors" who are now drawing a paycheck from the
RMC/Citizenry to fulfill the Sixth Amendment. I am something completely
other than impressed with the work done by Lew Taitel, Esq. for me in RMC
11 CR 22185 21, in that regard. Why shouldn't defendants in the RMC, after
viewing the arraignment video and receiving representation like that which I
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Too 1b99ac9c-09b1-4598-80f5-30dd36e From: zachcoughlin 2-24-12 9:00pm p. 54 of 76
lotm ail Print Message http://byl 48w.laay14 8.m ai live. corn Im ail/PrintMessages. aspx?cpids4b
received from Taitel, feel like lambs being led to slaughter? Baah,
baaaaaaaaah! Two other Marshals were there yesterday when Mentzel was
berating me, I would like their names, please.
Now, just awhile ago, "RMC Court Transcriptionist Pam Longoni" called me
on the phone ("while driving" according to Ms. Longoni) and informed me
that the RMC must permit her access to the audio files, and that, while she is
linked into "their system" (meaning the RMC's), the RMC must take some
additional step to allow Ms. Longoni to access the audio files and continue
with the process of tending of a request for a Transcript on Appeal. I was
told by a female RMC counter clerk that I would not ever be provided a copy
of the audio recording of the 11 30, 2011 Trial, but that I may purchase from
Ms. Longoni an official transcript, and that "appeal transcripts are billed at
$4.10 per page" etc. and that a substantial deposit would be required, and that
"No Transcript is considered to be official ordered, and commencement of
transcription will not begin, until receipt of the required deposit..." I asked
Ms. Longoni to inform me of everything I must do or pay to have the
transcript deemd officialy ordered and she informed me that she could not tell
me that, despite the apparent hard and fast deadlines applied to ordering,
officially, such a transcript, with the RMC in an Appeal context, until the
RMC allowed Ms. Longoni to access the RMC "system" and view/hear the
audio of the 11 30, 2011 Trial in 11 CR22176 21. Ms. Longoni angrily hung
up the phone on me and is now not returning my calls and has failed to
respond to my request that she inform me, in writing, as to where to send
money or a deposit or anything else required for the transcript. I have yet to
receive a fax from the RMC's "Veronica" (whose last name has repeatedly
been denied to me) despite her angry assurances on the phone on 12 12, 2011
that she would finally hae the RMC attempt to appropriately (or almost
appropriately) serve me a copy of the Contempt Finding and Guilty Order
stemming from the 11 30, 2011 Trial in RMC 11 CR 22176 21. Please have
this request and communication reiterated to whoever it concerns at the
RMC, and have such a copy of those documents emailed, faxed, and mailed
in the US Postal Service mail immediately. Further, please do the same with
respect to the audio of the 11 30, 2011 Trial in RMC 11 CR 22176 21, and of
course I will pay a reasonable cost for the cd to the extent my IFP is not
granted. The RJC and Washoe District Court charge about $30 per cd. The
also provide copies of the dockets in cases without demanding a subpoena
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fittp://by 148w. bay 14 8.mailliv e. com/m ail/Printivie.ssages.aspx?cpids=4b
force them to first. Please ask the gentleman Ms. Ballard saw me working
with yesterday what he said in that regard about providing me a copy of
anything, much less the docket in either RMC 11 CR 22176 21 or RMC 11
CR 22185 21.
I believe I am entitled to a copy of the audio recording quickly, whether or
not a transcript has been officialy ordered, for the purposes of appeal or for
any other purposes. I believe in something called "transparency" in
goverment. Sunshine.
Let me ask you a question: If a Judge told you to jump off a bridge, would
you? It is my belief that Judge Howard ordered everyone to clear the
courtroom, including a female, shortly after my 11 20, 2011 Trial began and
it became clear that I was not going to lay down meekly for the Court, or for
Wal-Mart, or for the Reno City Attorney. 2 million of my people starved to
death during a "Great Famine" between 1848-1850 in Ireland, despite being
surrounded by water and fish, where the English were arresting Irishmen who
attempted to save their families and their own live's by fishing. I will be
fishing here, gentleman. Deal with it. I want that recording, for, among
many other reasons, to see if Judge Howard merely asked those who might
be called as witnesses to leave or whether he demanded every member of the
public leave before he sent me off to Guantanamo, er, I mean the Washoe
County Detention Facility after the Military Tribunal, er, the Trial in RMC.
Interestingly, while at the Washoe County Detention Facility, I have been
made to strip naked while being videotaped, wear a green dress for days on
end, go without a toothbrush for days, refused any opportunity to make
phone calls to protect my clients cases from prejudice, forced to spread apart
my buttocks and allow an overly long look at my anus by Sheriffs Deputies,
and further, I was forced to submit to a position on my knees in the
immediate vicinity of two Sheriffs Deputies crotches in some sadistic forced
simulation of performing oral sex upon those men. Rico/Negligent Hiring,
Training, Supervision, 42 USC Sec. 1983 Deprivation of Civil Rights Under
Color of State Law, etc., etc. Qui Tam, Whistleblower. Mr. Roper, I doubt a
Federal Court Judge would require that I have come obtained a Statement
From you to complain about any Marshal's conduct. I am pretty sure this and
my other correspondences have placed you on notice.
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1/29/2012 8:46 PI
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Sincerely,
Zach Coughlin, Esq.
817 N. VirginiaSt. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail. corn
NevadaBar No: 9473
** Notice** Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipient( s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient( s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient( s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any farm immediately. Receipt by anyone
other than the named recipient( s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
Date: Wed, 14 Dec 2011 16:26:47 -0300
From: Roped@rerio.gov
To: ZachCoughlinghotmail.cern
Subject: Message left on 12/13/2011
Mr. Coughlin,
I received your message that you left on my phone on December 13, 2011 in regardstoacomplaint against Marshal
Menzel. The Marshal Division takesall citizen complaintsseriously and investigatesall complaintsreceived in writing or
verbally. However, I would need in ore information from you prior tomoving forward with an investigation. I encourage
you tocome tothe court toobtain astatement form, or contact me directly should you wish topursue thismatter. Asto
your request toobtain a
copy ofMarshal Menzel'spersonnel file, I am unable toprovide that toyou without a valid
subpoenaor warrant
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Iotrn ail Print Message http://by148w. bay148. m ail. iv e. c om /m ail/PrintMessage s. aspx?cpicls-4b
You alsostated you were attempting toobtain acopy ofyour Judgement ofConviction from Dept 4, specifically Veronica
Lopez, you can reach her at 326-6673, I am aware that acopy ofyour Judgement ofConviction wasprovided toyou and
booked intoyour property on the night you were arrested. You are entitled toanother copy should you wish.
Thankyou,
Justin Roper
ChiefMarshal/Department ofAlternative Sentencing
RenoMunicipal Court
775-334-1254
RMC 11 CR 22176
From; Zach Coughlin (zachcoughlin@hotmail.corn)
Sent: Thu 12/15/1111:59 PM
To: howarcfkarenagov; ballar
-
Ccl@reno.gov; robertsp@renc.gov; fiskro@reno.gov
.
,
renomu ni records@renogov; lopezvareno.gov
ZachGoughlin,Esq.
817 N. VirginiaSt. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.corn
NevadaBar No: 9473
FAX COVER SHEET
DATE: December 15, 2011
TO; .RMC et al
FAX NO: RMC approved email filing
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1699ac9c-69b1-4598-88f6-30dd35e from: rachcoughlia 2-24-12 9:00pm p. 55 of 75
Iotm ail Print Message
http://by148w. bay 148. m ail.liv e com /m all/PrintMessages. aspx? cpids-Ab
RE:. City ofrenov Coughlin RMC 11 CR 22176 21
Motion for New Trial,NotIce ofappeal and other Issues
Dear RMC,
I donot mean tobe disrespectful in contacting the court viaemail. I have been sostamped
out by the eventsof the last few monthsthat itsall I can dototry toprotect my rightstoget
information and mediatothe court in my attemptstoaccessjustice. Veronica Lopez told me on
the phone on Monday of this week that she would fax me a copy of the Order and Contempt finding from the 11
30,2011 Trial, yet I have not received any such fax I have not received any order in any form, not on my release
from the 3 days summary incarceration, not ever. The RMC confirmed there has been no Notice of Entry of any
order in their docket or anything, etc.
I believe the following should be added torecord and presentsastrong argument for a
conflict of interest or other 60(b) basisfor setting aside the verdict and contempt Order in
RMC 11 CR 22176 21. I did not plead guilty in that case, and any RMC record that
suggeststhat iscompletely inaccurate. Please let me know if your recordsindicate I plead
guilty in that matter. Further, I have never been provided acopy of the Guilty Verdict/Order
in thismatter, I requested on tobe emailed tome and sent in the USPS mail. Please serve
me acopy of the order, preferably by email and USPS mail. Further, the "RMC'sofficial
court transcriptionist" informed me yesterday that she could not quote me or accept an
money from me for the transcript on appeal Further I have been told by court staff that I
would never be provided accesstothe audiorecording of the Trial of 11 30, 2011. I believe
I have aright toit, and need it on an exigent basisin connection with the variousmotionsI
have, will, or intend totofile challenging the decision in thiscase. The RMC filing office
informed me there hasbeen noNotice of Entry of Order in thismatter at thispoint.
T
Sincerely,
Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tei: 775 229-6737
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1699ac9c-69131-4598-88H-30dd36e Fzom: zachcouglilla 2-24-12 9:00pm p. 59 of76
Iotm ail Print Message http.//by148w bay148.m ai e. c om/m ail/PrintMessages. aspx?cpids=46
fax: 949 667 7402
ZachCoughlin@hotmail.com
NevadaBar No: 9473
** Notice** Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U,S.C. 2510.2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocum ent in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipients) is not a waiver of any attorney-client, work product, or other applicable
privilege.
FW: RMC 11 CR 22176
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Fri 12/16/11 12:00 AM
To: howardk@reno.gov; ballardd@reno.gov; robertspOreno.gov, fiskm@reno.gov;
renomu nirecords@reno.gov; lop ezv@reno.gov
1. attachment
emergency filing rmc 11 cr 22176 12 13 11.pdf(260.9 KB)
Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotrnail.corn
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Tel 1699ac9c-69b1-45911-08f6-30dd36e From zachcoughlta 2-24-12 0:00pm p. 60 of 76
Iotmail Print Message
http://by148w.bay148.mail.live.com/mail/Prinesilessages.aspx?cpids.-4b
NevadaBar No: 9473
** Notice** Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law, If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and maybe unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
From: zachcoughlinahotmail.com
To: howardkreno.gov; ballardd reno.gov; robertspOreno.gov; fiskm@rono.gov; renomunirecords@reno.gov;
iopezv@ re no.9 ov
Subject RMC 1.1. CR 22176
Date: Thu, 15 Dec 2011 23:59:45 -0800
ZachCoughlin, Esq.
817 N. VirginiaSt #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hottnail.com
NevadaBar No: 9473
FAX COVER SHEET
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Eros; zachcoughlth
Z-24-12 9:00pm p. 61 of 75
http://by148w.bay I 48.mailliv 6.0m/in ail/PrintMessages.aspx? cpids=4b
DATE: Decemter 15, 2011
TO: .RMC et it
FAX NO: RMC approved email filing
RE:. City of rend v Coughlin RMC 11 CR 2Z176 21
Motion for New Trial,Notice of appeal and other issues
Dear RMC,
I do not mean to be disrespectful in contacting the court via email. I have been so stamped
out by the events of the last few months that its all I can do to try to protect my rights to get
information and media to the court in my attempts to access justice. Veronica Lopez told me on
the phone on Monday of this week that she would fax me a copy of the Order and Contempt finding from the 11
30,2011 Trial, yet I have not received any such fax. I have not received any order in any form, not on my release
from the 3 days summary incarceration, not ever. The RMC confirmed there has been no Notice of Entry of any
order in their docket or anything, etc.
I believe the following should be added to record and presents a strong argument for a
conflict of interest or other 60(b) basis for setting aside the verdict and contempt Order in
RMC 11 CR 22176 21. I did not plead guilty in that case, and any RMC record that
suggests that is completely inaccurate. Please let me know if your records indicate I plead
guilty in that matter. Further, I have never been provided a copy of the Guilty Verdict/Order
in this matter, I requested on to be emailed to me and sent in the LISPS mail. Please serve
me a copy of the order, preferably by email and USPS mail. Further, the "RMC's official
court transcriptionist" informed me yesterday that she could not quote me or accept an
money from me for the transcript on appeal. Further I have been told by court staff that I
would never be provided access to the audio recording of the Trial of 11 30, 2011. I believe
I have a right to it, and need it on an exigent basis in connection with the various motions I
have, will, or intend to to file challenging the decision in this case. The RMC filing office
informed me there has been no Notice of Entry of Order in this matter at this point.
T
of 47
1/29/2012 8:46 PIr
01156
01156
To 1699ac9c-69b1-4598-Est5-39dd3he From: zachcoughl1n 2-24-12 5:00pm p. 62 of 76
lotmail Print Message
http://by148w.bay148.mail.live.com /in ail/PrintMessages.aspx?cpids--
-
4b.
Sincerely,
Zech Coughlin, Esq,
817 N. VirginiaSt 42
Reno, NV 89501
tot: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmaiI.com
NevadaBar No: 9473
**Notice** Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. if you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) Is not a waiver of any attorney-client, work product, or other applicable
privilege.
emergency filings
From: Zach Coughlin (zachcoughlinahotmail.com)
Sent: Fri 12/16/11 7:55 AM
To: renomunirecords@reno.gov; robertsp@renogov
2 attachments
12 16 11 emergency filing with fax cover sheet rmc 11 cr 22176.pdf(330.0 KB) , fax cover sheet and
notice ofdenial ofservice clarification motion.pcif(2021 KB)
of 47
1/29/2012 8:46 Pl\
,

01157
01157
From zachcoughl
2-29-12 9100pa p, 63 of 76
http://by148w.bayI48.rr.ail.live.cornimail/PrintMessages.aspx7cpids=tib
t oy 1b99ac5c-69b1-45Yti-813t6
-
30dd36e
iotm ail Print Message
**

Zach Coughlin, Esq.

817 N. VirginiaSt. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
NevadaBar No9473
Notice Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited.
This message is confidential, intended only for the named
recipients) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or ore not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any farm immediately. Receipt by anyone
other than the named recipients) Is not a waiver of any attorney-client, work product, or other applicable
privilege.
FW: 121 River Rock
From; Zach Coughlin (zachcoughlinghotmail.com)
Sent: Sat 12117111 12:15 AM
To: ballarddareno.gov; howardkgreno.gov; robertsp@reno.gov; renomunirecordsVreno.gov; hazlett-
stevensc@reno.gov; puenteslaw@aol.com
Unbelievable. The ideathat exculpating evidence
isbeing withheld under some ''lien" istransmitted intothe
universe, next thing I know, my law office isbroken in toand the Richard B, Hill gang isstil asserting alien on
property that wasstolen, in my opinion, asaresult oftheir own negligence, leaving awindow
air conditioner unit
in awindow, without even putting awindowjam between the top ofthe sill and lower pain, facing asidewalka
blockfrom the Lakemill Lodge and acrossfrom City Center Apartments, great. Great And I still have not been
faxed or appropriately served the Order and Contempt Order I wastold would be faxed tome.
Zach Coughlin, Esq.
of47
1/29/2012 8:46 PIN,
01158
01158
To1699ac9c-69b1-4598-88f6
-
3R106e From: zachcoughlin
2-24-12 9:00pm p, 64 of 76
lotm ail Print Message
http://by148w.bay148.rn iv e.com /m a il/P ri ntMessages.as px7cpids =4b.
817 N. VirginiaSt #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473
" Notice** This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C.
2510-2521, and may contain confidential information intended for the specified individual (s) only. If you are not
the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you
have received this document in error and that any review, dissemination, copying, or the taking of any action based on the
contents of this information is strictly prohibited. This message Is confidential, intended only for the named
retipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient( s 1, you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
From: zachcough lin@hotmai I.co m
To: cdbaker@ricnardhillaw.com; knielsen@richardhillawcom; sgallagher@richardhillaw.com
Subject: RE: 121 River Rock
Date: Wed, 14 Dec 2011 15:43:38 -0800
Dear Mr. Baker,
I drove by the property recently and saw you had added boarding up the front door on very, very recently.
Unfortunately, your client anc your firm, despite billing up some $1,060 for "securing'
.
the property on top of
charging $900 for storage for what could fit inside a 10x20 foot storage shed, never once providing an inventory,
and contributing to a wrongful arrest and defamation causing me and my clients great damage, failed to take
even basic steps to secure the property, despite my making numerous written requests that you do so, including,
but
not limited to, taking the damn window unit air conditioner out of the window facing the sidewalk on the
side of the house very close to the damn Lakemill Lodge, or even putting a strong stick in between the bottom
sliding window pain and the top of the si I to prevent someone from simply pushing in the window unit air
conditioner and pushing the window up to gain access. Further, a blanket that was on the orange circular couch
is clearly in the flower bed in front of the house. Additionally, there are reports that someone with your office
gave someone a mattress from the inventory of Coughlin Memory Foam (a Nevada iicensed business located at
of 47
1/29/2012 8:46 PI
01159
01159

...
ToI 1659ac9c-69h1-4598-88f6-30dd36e
From: zachcoughlin 2-24-12 9:00pm p. 65 of 76
Iotmail Print Message
http://hy148w.bay148.maillive.com/m ail/PrintMessages.aspx?cpids-4b,
the property) and an expensive mattressplatform hasclearly been damaged and placed in the flower bed as
well, in addition toone ofthe wooden porch shadesbeing removed from the front porch. You and your client
are, ofcourse, liable for all ofthis.
Sincerely,
Zech Coughlin, Esq.
817 N. VirginiaSt. #2
Reno, NV 89501
fax: 949 667 7402
ZachCoughlin@hotmail.com
NevadaBar No: 9473
* Notice** Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-252], and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain Information that is privileged, attorney work product or exempt from disclosure
coder applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action tak en or omitted to be tak en in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipients) is not a waiver of any attorney-client, work product, or other applicable
privilege.
From: cdbakeraDrichardhillaw.com
To: zachcoughlinChotmail.com
CC rhill@richardhillaw,com
Subject 121 River Rock
Date: Wed, 14 Dec 2011 13:50:02 -0800
Mr. Coughlin:
The River Rockproperty hasbeen broken into. We believe the break-in occurred sometime on Monday,
of47
1/29/2012 8:45 PI
01160
01160
".P.......I
.
S
To 1 699ac9c-69b1 -4598-88f6-30dd36e
Iotm ail Print Message
From: zachcotghlln
2-29-1 2 9:00pm p.66 of 1 6
fatp://by1 48w.bay1 4 8.tnaillive.cornimail/PrintMessages.aspx?epids-4b
December 12, 2011.
There appear tohe itemsmissing, including the TV in the living room, perhapsacomputer
monitor, and perhapssome stereoequipment. I can't tell what else. The contentsofthe residence appear to
have been rifled through.
I am providing you with thisinformation asacourtesy, Thisemail doesNOT constitute permission for you togo
tothe River Rockproperty.
Casey D. Baker, Esq.
Richard G. Hill, Chartered
652 Forest Street
Rena, Nevada 89509
Phone: (775) 34
8-0888

Fax: (775) 348-0858
Email: cclbakerarichardhillaw.com
CONFIDENTIAL: ATTORNEY WORK PRODUCT; ATTORNEY-CLIENT PRIVILEGE
Thise-msitmay contain legally privileged or confidential informaticn. Ifyou are notthe intended recipient, please donotread, copy, use, er d otiose this
ecrnmunication toanyone other thatthe intended recipient. Ifyou have received this=sane aterror, pletue notify the sender and delete the email message titer'
your gyatern. Thanky cu.
Circular 230 Notice.
TO ensure compliance with requirementsiinposed by the IRS, we inform you thu any U.S.federal tax advice contained in thiscommtnioaticn (including any
seochinents) isnotintended or written tobe used, and cannotbe used, for the purpose of(i) avoiding penaltiesunder the Internal Revalue Code or i) promoting,
marketing or recommending toanother party any transaction or matter addressed herein.
emergency
....
..
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Mon 1 2/1 9/1 1 4:32 PM
To: renomunirecords@reno.gov
supplement tomotion toset aside all orders, see attached exhibit, there isnoinitialing on
the filestampe for the order on the 11 30th, 2011
Torn said there was no docket entry or record of anything as of
12 13 11, i
wans't provided copy of discovery for
over 30 days after arrest, rmc said it didn't have pc and witness satements but recd date indicates otherwise,
potentially, release sheets fro mjail property inventory dces not show 1 1 30 1 1 order, I declare under penalty of
of 47
1/29/2012 8:46 Pl
01161
01161
- -papepos,...*:14
,
,,,
,
,
,,
...-., .44.,-..*onWo 4.4.0...,4Wqcov
Tor 1599ac9c-59b1-4598-88f5-30dd35e From: zachcoughl1n 2-24-12 9:00po p. 67 of 76
lotmail Print Message
http://by148w.bay148.mail.live.com/mailf? rintMessages.aspx? cpids=4b.
perjury i did not refuse any order or the chance to have a physical copy of one.
Zach Coughlin, Esq.
817 N. Virginia Si. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
Za.chCoughlin@hottnail.com
Nevada Bar No: 9473
**Notice** This message and accompanying documentsarc covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipients) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable taw. If you are not the intended recipient( s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient( s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient( s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
I will fax this to Ms. Roberts and the RMC as well, this is a courtesy copy
From: Zach Coughlin (zachcoughlin@hotmail.corn)
Sent: Mon 12/19/11 5:15 PM
To: reno mu nireco rdsig reno. goy; robertsp@reno.gov
1 attachment
RMC 11 CR 22176 12 19 11 firing with 3 exhibits.pdf (9.1 MB)
I will fax this to Ms. Roberts and the RMC as well, this is a courtesy copy
Zach Coughlin, Esq.
of47
1/29/2012 8:46 P11
01162
01162

'-

Tof 1b99ac9c-b9b1-4598-V8tb-30d06e From: zacheoughlin 2-24-12 9:00pm p. 68 of 76
lotrifail Print Message http://by148w.bay148.mail.liv e. com /m ail/PrintMessages. aspx?cpids=4b.
817 N, VirginiaSt #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
NevadaBar No: 9473
** Notice** Thismessage and accompanying documentsare covered by the electronic Corn municati cnsPrivacy Act, 18 '
U. S .C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited, This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance an the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
no reply from Transcriptionist
From: Zach Coughlin (zachcoughlin@hotnnail.com)
Sent: Wed 12/21/11 12:02 AM
To: renomunirecords@renogov; robertsp@reno.gov
Zach Coughlin, Esq.
817 N. VirginiaSt #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
of47
1/29/2012 8:46 Ph
01163
01163
.PII. n
1699ac9c-69b1-4598-88f6-30dc136e From! zachcoughltn 2-24-12 9:00pal p. 69 of 76
iotmail Print Message
http://by148w.bayl48.mail.live.com/mail/PrintMessages.aspx
9
cpids---4b
ZachCoughlin@hotmail.com
NevadaBar No: 9473
Dear RMC,
It ismy understanding the Judge Howard'sorder regarding email doesnot extend tothe
addresstowhich I am sending thiscorrespondence: renomunirecords@reno.gov which is
the email addressfiling office supervisor DonnaBallard indicated tome wasacceptable for
sending correspondence and filingstothe RMC in lieu of faxes. I am writing because the
email addressI wasprovided for RMC "official transcriptionist" Pam Longoni yielded a
"return tosender/failed transmission" message when I wrote tothe email addressprovided
for her: plongoni@charter. net. Further, please see the forwarded email below that I sent to
Ms. Longoni. I have not received areturn call from her regarding my recent messagesto
her. I wastold by aRMC filing office counter employee that I must get the transcript
through Ms. Longoni, asshe isthe "official transcriptionist" for the RMC. Please confirm
that I am noable tohave another certified court reporter or transcriptionist create the
official transcript and indicate by what date thismust be done, how it must be done, etc.
I wastold by AMC filing office staff, including Ms. Ballard, that the RMC would not accept
any filingsfees, bonds, or any other paymentsfrom me in relation tothe underlying case 11
CR22176 21 or the appeal of that matter given that the RMC washolding the bail money I
paid intothe court. If thisisnot the case or if I must pay anything intothe RMC toensure
that my appeal goesforward, please indicate asmuch in writing and with particularity. If I
am able touse any other transcriptionistsand or the RMC hasalist of such with contact
information, please provide such in writing.
Sincerely,
/s/Zach Coughlin
Zach Coughlin, Defendant/Appellant

* Notice** Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or en agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error
and that any review, dissemination, copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited.
This message is confidential, intended only for the named
recipients) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the
intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance an the contents of this information is prohibited
of 47
1/29/2012 8:46 P1
01164
01164

a AR: ne -
To,:. 1699ac9c-69b1-45913-80f6-30dd36e
Iotrnail Print Message
From: 2achcoughlin
2-24-12 9:00ga p, 70 of 76
http://hy148w bay148.mai1live.com/mail/PrintMessages.aspx?cpids-44b
and may be untawfui, If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form Immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
From: zachcoughlinathotmaii.com
To: p Ion goniCfPc harter. net
Subject where topay and how much
Date: Fri, 16 Dec 2011 22:44.37 -0800
Dear Ms. Longoni,
I have left you several messages. I wish topay whatever it isI have topay toget this
appeal transcript going and topreserve all my rightstoreview of the decision in RMC 11 cr
22176. Further, I would like acopy of the audiofrom the hearing assoon aspossible.
Please provide specific detailed instructionsastohow topay and how much and anything
else I need todo.
Sincerely,
Zach Coughlin, Esq,
817 N. VirginiaSt #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
NevadaBar No: 9473
*1 Notice**
Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. Ifyou are not
the intended recipient or an agent responsible for delivering it tothe intended recipient, you are hereby notified that you
have received thisdocument in error and that any review, dissemination. copying, or the taking ofany action based on the
contentsofthisinformation isstrictly prohibited.
This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
of47
1/29/2012 8:46 PN
01 1 65
01165
4....AN.O.,..t -. + h.
..10.1.,. An4r6.
TO F 1 699ac9c-6961 -4539-88f6-30U36e Frcn
,
zachcoughlin 2-24-1 2 91 00pm p.71 of 76
Iotrriail Print Message
http://by148w.bay148.maillive.com/mail/PrintMessages.aspx?cpids-
-
-
-
4b.
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and maybe unlawful. If you receive this message In error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
proof of insurance and registration Affidavit/Declaration and supporting
documentation
From: Zach Coughlin (zachcoughlinhotmail.com)
Sent: Mon 1/09/12 5:58 PM
To: renomunirecords@reno.gov; renodirectePrenog ov
1 attachment
Zach Coughlin license plate 838NER proofofinsurance and registration for citations544281 and
r47190389731pdf(17374 KB)
Dear RenoMunicipal Court Clerk'sOffice,
My name isZachary B. Coughlin.
My vehicle and myself were appropriately insured, asverified by the attached Proof of Insurance for
my USAA automobile insurance at the time of both Traffic CitationsNo's: 544281 and R47190389731.
Copiesof both citationsare attached aswell. My vehicle, at the time of both citations, wasin
compliance with Nevadalaw with regard tovehicle registration. A true and correct copy ofthis
Affidavit and the attached copiesof Traffic CitationsNo's: 544281 and R47190389731 and atrue and
correct copy of the Proof of Insurance for the time of both citationsfrom my USAA automobile
insurance (Policy
Number 0098527 96C 7104 3) and atrue copy of my DMV automobile Registration
Certificate for both 2011 and 2012 isattached hereto.
I attest that the assertionscontained herein are true and make thisDeclaration under penalty of perjury
pursuant toNRS 199.145.
of47
1/29/2012 8:46 Pig
01166
01166
1.0.0111111..516.40...pe
,
*A.
,
*
,

iov9acse-uvoi-on-uste-sueesoe e ms: zaencoutintia 4
-
01
-
le 'amps p. IC Oi /0
tarn ail Print Message htlp://by148w.bay148.rnaillive.com/mail/PrintMessages.aspx?cpids .
Please find attached a 6 page pdfwith this Affidavit/Declaration and the accompanying copies ofthe
twocitations and the proofofinsurance at the time and date ofboth citations and the same for the
registration for the vehicle.I am disputing the "failure tocome toa complete stop" part ofthe citation
in 544281 and understanding that I have a hearing in RenoMunicipal Court on 2 6 12 at 8:30 am in
that regard, please correct me ifthat is not the correct date and time.
Also, I have called several times and keeping leaving messages about disputing the following parking
tickets, and donot believe any "additional fines" should have attached tothe base fine where I have
communicated that I am disputing them and have not receive a response with regard tothe date and
time ofmy hearing todispute them:
Citation Details
Citation Number: 020146724
Amount Due: $ 60.00
Issue Date: 12/03/2011 10:30:00
Plate Number: 838NER
State: NV
Related Citations
We have found the following additional outstanding citations for this license plate
number. Please check the box next to each additional citation that you would like to pay
for at this time.
Citation Number Issue Date Amount Due
gg 020145322 11/03/2011 03:20:00 $ 55.00
Sincerely,
; of47
1/29/2012 8:46 Pb
01167
01167
1699ac9c-69b1-4590-80f6-30dd36e From: zachroughlin 2-24-12 9:00pm p. 73 of 76
iotm ail Print Message hup ://by148w. bay148.rn e. orolm ai1/Printl Aessag es.a spx
9
cp cis 4 b.
Zach Coughlin
1422 E. 9th St, #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
" Notice" This message and accompanying documents are covered by the electronic Communications Privacy Act, 1 8 li.S.C. 251 0-2521 .and may
contain confidential information intended for the specified individual (s) only.If you are not the intended recipient or an agent responsible for delivering it
to the intended recipient, you are hereby notified that you have received this document in error and that any review. dissemination, copying, or the taking
of any action based on the contents of this information is strictly prohibited.This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable
low. If you are not the intended recipient(s), you are notified that any disclosure, copying, distribution or any action taken or
omitted to be taken in reliance on the contents of this Information Is prohibited and may be unlawful. If you receive this message
in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and destroy any
copies in any fmm Immediately. Receipt by anyone other than the named recipients) is not a waiver of any attorney-Client, work
product, or other applicable privilege.
debt validation documentation request and dispute letter under FDCPA
to City of Reno et al
From: Zach Coughlin (zachcoughlir@hotrnail.com)
Sent: Mon 1/09/12 6:09 PM
To: renodirect@reno,gev; renomunirecords@reno.gov
Dear City of Reno,
This writing is written notice to you that I dispute the debt your office and the City of Reno
and or the Reno Municipal Court has recently sent me, alleging that I owe some debt for
either parking tickets and or traffic citations. Further, I request verification and
documentation in support of your contention that I owe such a debt pursuant to the Fair
Debt Collection Practices Act.
Sincerely,
1 of 47
1/29/2012 8;46 Pl.
01168
01168
for imaoc-uni-4nu-atira-Juoostie rum: zacr.cougnia 6
-
01
-
U tUUpit p. 1
1
4 or i
Iotrrlil Print Message
http://by148w.bay148.mail.live,com/mail/Printivfessages.aspx? cpids=4b.
Zech Coughlin1422 E. 9th St #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
Za.chCoughlin@hotmail.corn
"' Notice*" Thismessage and accompanying documentsare covered by the electronic CommunicationsPrivacy Act, 18 U.S.C. 2510-2521, and may
contain confidential information intended for the specified individual (s) only. Ifyou are notthe intended recipientor an agentresponsible for delivering it
tothe inttided recipient, you are hereby notified thatyou have received thisdocumentin error and thatany review, dissemination, copying, or the taking
ofany action based on the contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt frac,/ disclosure under applicable
law. If you ore not the intended recipient(s), you are notified that any disclosure, copying, distribution or any action taken or
omitted to he taken in reliance on the contents of this information Is prohibited and may be unlawful. If you receive this message
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product, or other applicable privilege.
From: zachcoughlinChotmail.com
To: renomunirecords@reno.gov, renodirect@reno.gov
Subject proof of insurance and registration Affidavit/Declaration and supporting documentation
Date: Mon, 9 Jan 2012 17:58:47 -0800
Dear RenoMunicipal Court Clerk'sOffice,
My name isZachary B. Coughlin.
My vehicle and myself were appropriately insured, asverified by the attached Proof of Insurance for
my
USAA automobile insurance at the time of both Traffic CitationsNo's: 544281 and R47190389731.
Copiesof both citationsare attached aswell. My vehicle, at the time of both citations, wasin
compliance with Nevadalaw with regard tovehicle registration.
A true and correct copy of this
of 47
1/29/2012 8:46 Ph
01169
01169
from: zacacougitin C
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1C vlutipa p. 15 or db.
http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?epids.-4b.
tor ttmacu-6101-43yo-uuto-suansoe
Iotrnail Print Message
Affidavit and the attached copies ofTraffic Citations No's: 544281 and R47190389731 and a true and
correct copy ofthe ProofofInsurance for the time ofboth citations from my USAA automobile
insurance (Policy Number 0098527 96C 7104 3) and a true copy ofmy DMV automobile Registration
Certificate for both 2011 and 2012 is attached hereto.
I attest that the assertions contained herein are true and make this Declaration under penalty ofperjury
pursuant toNRS 199.145.
Please find attached a 6 page pdfwith this Affidavit/Declaration and the accompanying copies ofthe
twocitations and the proofofinsurance at the time and date ofboth citations and the same for the
registration for the vehicle.I am disputing the "failure tocome toa complete stop" part ofthe citation
in 544281 and understanding that I have a hearing in RenoMunicipal Court on 2 6 12 at 8:30 am in
that regard, please correct me ifthat is not the correct date and time.
Also, I have called several times and keeping leaving messages about disputing the following parking
tickets, and donot believe any "additional fines" should have attached tothe base fine where I have
communicated that I am disputing them and have not receive a response with regard tothe date and
time ofmy hearing todispute them:
Citation Details
Citation Number: 020146724
Amount Due: $60.00
Issue Date: 12/03/2011 10:30:00
Plate Number: 838NER
State: NV
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Iotnfail Print Message
http :fiby1 48w.bay I 48,ma e.c orn im ail/PrintMessag es.a spx?cp i els-41 1
Related Citations
We have found the following additional outstanding citationsfor thislicense plate
number. Please checkthe box next toeach additional citation that you would like topay
for at thistime.
Citation Number Issue Date Amount Due
WI 020145322 11/03/2011 03:20:00 $55.00
Sincerely,
Za ch Coughlin
1 422 E.9th St.#2
RENO, NV 8951 2
tel: 775 338 81 1 8
fax: 949 667 7402
ZachCoughlin@hotmail.com
Notice' Thismessage and accompanying documentsare covered by the electronic ComiriUnIcatiansPrivacy Act, 18 U.S.C. 2510-2521, and may
contain confidential Information intended for the specified individual (s) only. Ifyou are notthe intended recipientor an agentresponsible for delivering it
tothe intended recipient. you are hereby notifl ell that you have received thisdocumentaterror and thatany review, dissemination, copying, or the taking
ofany action based on the contentsofthisinformation isstrictly prohibited. This message is confidential, intended only for the ncrned
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable
law.
7 you are not the intended recipient(s), you are notified that any disclosure, copying, distribution or any action token or
omitted to be taken in reliance on the contents of this information is prohibited and may be unlawful. If you receive this message
In error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and destroy any
COpies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work
product, or other applicable privilege.
of 47
1/29/2012 8:46 PK
01171
01171
l.Ut
c.t,
6 F,t.1 8: 21
.
BY-
0i.) 3,-Jure-trao-Jac-o6ciena tzon; zach:cughl1n 12-16-11 7:41am p. 1 of 24
Zodt Cos y&
817 N, Virginia St. #2
Reno, NV 89501
tel
.
775 229-6737
fax: 949 667 7402
ZaohCoughlin@hotmail.com
Nevada Bar No: 9473
FAX COVER SHEET
DATE: December 16, 2011
TO: Pam. Robes-la, Erg. Reno City Attorney,
FAX NO: 775 334 2420;
To: Reno Municipal Court
Fax email approved For filing by Donn Ballard, RMC: remornunirecordserano.gov 775 326 5105
Number of pages Including cover skeet: 24
Original wit not follow.
RE: . City of Reno v Coughlin RMC 11 CR.22176 2:
Kota* of Dania of Soroloot Pompom. to Nets of Delta u Sorway,at' s,
RMC rules permit serving a government
attorney such as yourself via email? What
Zach Coughlin, Esq.
I hereby certify this as a true and correct copy of the orl
the records of the Reno Municipal Court. Reno, Washoe
Nevada. and that the Clerk of the Court is the custodian of the
original record and that I am authorized to this
W
RE 41.UNICIPAL
CO
i
lds A O.
4,71m .
BY
Court
01172
01172
.

ia: re-anon-vsac-coeseba frosi zachcoughlin 12-16-11 7;41am p. 2 of 24


Zach Coughlin, Esq.
NV Bar No: 9473
817 N. VirginiaSt. #2
Reno, NV 89501
Tele: 775-229-6737
Fax: 949-667-7402
ZachCoughlin(ahotmail.com
Proper Defendant/Appellant
IN THE MUNICIPAL COURT OF THE CITY OF RENO,
COUNTY OF WASHOE, STATE OF NEVADA
CITY OF RENO; Case No:11 CR 22176 21
v.
Dept No: Judge Howard
ZACHARY BARKER COUGHLIN
Defendant.
Notice of Denial of Service: Opposition City
of Reno'sNotice of Denial of Service
.
. Request
for Clarification Regarding Deadline for Filing
Motion For New Trial. Other Tolling_Motions.
etc:APPLICATION FOR DEFERRAL OR
WAIVER OF COU_RT_F_EES AND COST
Notice of Denial of Service' Opposition City of Reno's Notice of Denial of Service: Rerneat for Clarification Reaardine Deadliw for
Fthrtg Motion For New Trial. Other Tolling Motions. ete
POINTS AND AUTHORITIES
The videoPam Robertsprovided in her Discovery clearly showsWal-MartsFrontinoperhaps
making, but definitely handing acd toRSIC OfficersBraunworth and Crawford at the conclusion of
the arrest in question. However, I believe all three men testified that noother videoexisted relevant
tothe accusation or arrest other than the interrogation room video, which wasstill filming the
exchange of the cd between Frontinoand the RSIC Officers. Further, RSIC Officer Crawford can
clearly be seen in the interrogation room videosreceiving adriverslicense from Coughlin and calling
1
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Tor 84599357-307e-4bdb-93ac-65c32ba From: rachcoughlin 12-16-11 7:41am p. 3 of24
it in on hisradio, despite Crawford, testifying, under oath, at trial, that Coughlin wasarrested, in large
part, because he did not produce aphysical driver'slicense and the information which would be
contained thereon and necessary towrite acitation. Crawford testified that thislackof producing a
driverslicense (and the dispatch recordscan clearly show the running of Coughlin'sdriverslicense
number, which Coughlin hereby declaresunder penalty of perjury he hasnever committed tomemory
in hisentire life). Further, in direct contradiction tothe sworn testimony of both Frontinoand
Crawford, the UPC for the cough dropsdoesappear on both the allegedly stolen items$14.00 receipt
and the $80.00 receipt of itemspurchased immedately prior tothe arrest. Both Frontinoand
Crawford swore that the UPC did not appear on both.
ANALYSIS
Winston Productsv. DeBoer, 122 Nev. Adv.Op. 48, 134 P. 3rd 726 (2006);"In resolving thismotion,
we revisit the method used tocompute the time for filing motionsfor judgment asamatter of law and
for anew trial and the tolling period tofile anotice of appeal when these motionsare served by mail
or electronic means. The NevadaRulesof Civil Procedure (NRCP) require these so-called tolling
motionstobe filed within 10 daysfrom the date ajudgment isfiled and served. However, the 2004
amendmentstothe NRCP changed the computation of time where the prescribed period islessthan
11 daystoexclude Saturdays, Sundaysand nonjudicial days. Where, ashere, the time tofile a
tolling motion is10 days, we conclude that the "period of time prescribed" in NRCP 6(a) doesnot
include the 3-day allowance for service by mail under NRCP 6(e). Therefore, the filing period for a
tolling motion iscomputed first under NRCP 6(a), and then 3 additional daysare added under NRCP
6(e) when service wasmade by mail or electronic means. Using thiscomputation method, we
conclude that appellant'stolling motionswere timely filed in the district court. Accordingly, we
deny respondent'smotion todismissthisappeal. Further, although thisissue wasnot addressed by
2 Notice of Denial of Service: Onvosition City of Reno's Notice of Denial ofService: Reauest for Clarification Retarding Deadline
for Filing Motion Fnrs:evr Trial. Other Tolling Motions etc
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01174
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z -re ......, .
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T(3; 11 4599ibi-JUle-00-93ac-55e32ba From; zachcoughlin 12-15 -11 7141m
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the parties, we conclude that the tolling motionsalsotolled the time toappeal from the post-judgment
order awarding attorney feesand costs.
FACTS
The final judgment after ajury verdict in favor of respondent wasfiled on April 18, 2005.
Respondent served appellant with notice of entry of the district court'sfinal judgment viafacsimile
and mail on April 21, 2005. Fifteen dayslater, on May 6, 2005, appellant moved the district court
for judgment asamatter of law under NRCP 50(b) or for anew trial pursuant toNRCP 59.
Respondent opposed appellant'smotionsin the district court, arguing, in part, that they were not
timely filed.
Before resolving the motions, on June 9, 2005, the district court entered apost-judgment order
awarding attorney feesand costsin favor of respondent. Notice of entry of the order wasserved on
appellant on June 10, 2005. On June 27, 2005, the district court entered itsorder denying
appellant'smotion for judgment asamatter of law or for anew trial. The district court determined
that appellant'smotionshad been timely filed but concluded that appellant wasnot entitled toany
relief. On July 29, 2005, within 30 daysafter service of notice of entry of the June 27 order
resolving the motions, appellant filed anotice of appeal from that order, the final judgment, and the
post-judgment order awarding attorney feesand costs.
Respondent hasfiled amotion todismissthe appeal, alleging that appellant'smotionsfor judgment as
amatter of law and for anew trial were not timely and therefore did not toll the time toappeal.
Appellant opposesthe motion.
DISCUSSION
3 Notice ofDenial ofService; Opposition City ofReno'sNotice ofDenial ofService; Requestfor Clarification Reearding Deadline
for Filing Motion For New Trial Other Tolling Modem% etc
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Thiscourt lacksjurisdiction toconsider an appeal that isfiled beyond the time allowed under
NRAP 4(a).
1
A timely filed motion for judgment asamatter of law under NRCP 50(b) or for anew
trial under NRCP 59 tollsthe time for filing an appeal until nolater than 30 daysafter aparty serves
written notice that the order resolving such motionshasbeen entered.
2
A tolling motion under
NRCP 50(b) or NRCP 59 istimely if it isfiled within 10 daysafter aparty serveswritten notice that a
judgment hasbeen entered.
2
Three additional daysare added tothisfiling deadline when service
wasmade by mail or electronic means.
4

In the motion todismiss, respondent arguesthat our prior case law requiresthat the 3-day allowance
for mailing be added directly tothe 10-day period tofile tolling motionsbefore computing the filing
deadline under NRCP 6(a). Employing thisrationale subjectsthese tolling motionstoa13-day time
period. Under NRCP 6(a), intermediate Saturdays, Sundaysand nonjudicial dayswould be included
in the computation of the 13-day period. Applying thisapproach tothiscase resultsin the thirteenth
day from service of notice of entry falling on May 4, 2005. In thisscenario, because appellant's
motionswere not filed until May 6, 2005, they would be untimely and would not effectively toll the
time toappeal.
Appellant encouragesustoadopt the opposite approach tothat suggested by respondent. Instead of
first adding the 3 daysfor service by mail toreach a13-day time period, appellant contendsthat
sound judicial policy favorsadding the 3-day allowance only after computing the 10-day filing period
and excluding intermediate nonjudicial daysunder NRCP 6(a). Appellant arguesthat thismethod 0
computing the time period isconsistent with federal court interpretation of the analogousfederal rule,
FRCP 6, and furthersthe intent of NRCP 6(e) by allowing for more time when service ismade by
4 Notice ofDenial ofService; Oppositign City ofReno'sNotice ofDenial ofService: Requestfor clarification Rezardinm Deadline
foryiling Motion For New Trial. Other Tolling Motions. etc
01176
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1 6 t$4 1-JUIE-4130
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mail. Using thismethod in thiscase, appellant arguesthat itsmotionsfor judgment asamatter of
law and for anew trial were timely filed and effectively tolled the time toappeal.
Rule 6 of the NevadaRulesof Civil Procedure governstime:
(a) Computation. In computing any period of time prescribed or allowed by these rules, by the local
rulesof any district court, by order of court, or by any applicable statute, the day of the act, event, or
default from which the designated period of time beginstorun shall not be included. The last day
of the period socomputed shall be included, unlessit isaSaturday, aSunday, or anonjudicial day, in
which event the period runsuntil the end of the next day which isnot aSaturday, aSunday, or a
nonjudicial day, or, when the act tobe done isthe filing of apaper in court, aday on which weather
or other conditionshave made the office of the clerkof the district court inaccessible, in which event
the period runsuntil the end of the next day which isnot one of the aforementioned days. When the
period of time prescribed or allowed islessthan 11 days, intermediate Saturdays, Sundays, and
nonjudicial daysshall be excluded in the computation except for those proceedingsfiled under Titles
12 or 13 of the NevadaRevised Statutes.
(e) Additional Time After Service by Mail or Electronic means. Whenever aparty hasthe right or
isrequired todosome act or take some proceedingswithin aprescribed period after the service of a
notice or other paper, other than process, upon the party and the notice or paper isserved upon the
party by mail or by electronic means, 3 daysshall be added tothe prescribed period.
(Emphasesadded.) Thiscourt haspreviously considered in twocasesthe issue of computing time
periodsunder NRCP 6 when service wasmade by mail. In Rossv. Giacomo, thiscourt concluded
that in calculating the time tofile atolling motion, the 3-day allowance for service by mail isadded
5 Notice of Denial of Service: Opposition City of Reno's Notice of Denial of,S.ervicel Reauest for Clarification Reearciino Deadline
for Filing Motion l or New Trig Other Tolling Motions to
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directly tothe 10-day period-resulting in a13-day filing period. More recently, in Custom Cabinet
Factory of New Yorkv. District Court, a2003 case involving the 30-day time period tofile arequest
for trial de novoafter arbitration, we affirmed the computation method employed in Rossand held
that the 3-day allowance for service by mail "should be added tothe time allotted by statute or rule
first" and then the time period should be computed under NRCP 6(a).
6
We reasoned that the
alternative method of computing time under Rule 6(a) of adding the 3 daysfor service by mail after
computing the filing deadline "would potentially result in an additional five toseven daystofile
motions" which was"complicated and absurd."
2
Instead, we believed at the time that using the
method of first adding the 3 daysfor service by mail tothe time allotted by statute or rule and then
computing the time period, wasasimpler and speedier computation scheme.a
However, in 2004, after our decisionsin Rossand Custom Cabinet, we amended NRCP 6 tobe
consistent with the 1985 amendmentstothe federal rule .
9
That amendment made the exclusion of
intermediate Saturdays, Sundays, and nonjudicial daysapplicable in computing time periodsof less
than 11 days..
1
-Q Before the 2004 amendment, NRCP 6(a) only excluded intermediate nonjudicial
daysin computing periodsof lessthan 7 days. Several federal courtshave considered the intent
behind FRCP 6(e)'s 3-day mailing allowance in interpreting the 1985 amendment tothe computation
provision of FRCP 6(a).
11
In computing time periodsin those cases, the federal decisionshave
focused on the "period of time prescribed" and determined that it doesnot include the 3 additional
daysfor mailing under Rule 6(e). Those federal courtshave therefore found that the less-than-11-
day provision of Rule 6(a) isapplicable to10-day periodseven when service ismade by mail.
In the first seminal case after the 1985 amendment toFRCP 6, afederal district court in Nalty v.
Nalty Tree Farm recognized that the amendment " was intended toextend the response time allowed
6 yotice of Deni4j of Service: Opposition City of Reno's Notic
4
of Denial of Service
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. Rjest for Clarification Regarding Deadline
for Filir \lotion For New Trial. Other Tolling Motion:, ets
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01178
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Tor 84599357-307e-4bdb-93ac-65c32ba
under variousrulesprescribing ten day limits."
12
The Nalty court observed, however, that adding
additional time for mailing under Rule 6(e) tocreate a13-day time period ultimately resulted in the
same amount of time that wasallowed before the 1985 amendment because at that time, nonjudicial
dayswere not excluded from the computation of 10-day periods.il The court detemiined that
"isluch aresult cannot be consistent with the obviousintentionsof the advisory committee" and
declared that "[tlhe mailing rule should provide three extradays, in addition towhatever period the
party would otherwise have, toreflect the presumed lapse in notice because of service by mail." 14
The Nalty court thusheld that the 3-day allowance for mailing should be added only after computing
the time period under Rule 6(a).
1
Likewise, in Lerrov. Quaker OatsCo.,
16
the Seventh Circuit Court of Appealsaddressed thissame
issue in the context of an objection toamagistrate judge'sreport and concluded that "the period of
time" in Rule 6(a) wasnot the sum of all allowable periods. The court noted that Rule 6(e) is
"designed togive alitigant approximately the same effective time torespond whether papersare
served by hand or by mail."
1
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And the court reasoned that "Mlle only way tocarry out Rule 6(e)'s
function of adding time tocompensate for delaysin mail delivery istoemploy Rule 6(a) first."
11

In Tushner v. United StatesDistrict Court for Central District of California, the Ninth Circuit Court
of Appealsconcluded that the 10-day period prescribed for filing ajury demand did not become a13-
day period for purposesof Rule 6(a) asaresult of the service-by-mail provision of Rule 6(e).
12
The
court stated that Rule 6(e) should not be "construed torender prescribed periodsof lessthan eleven
daysineligible for beneficial treatment under Rule 6(a)" and concluded that it "would be anomalous.
tointerpret the rulessothat alitigant served by mail would have lesstime for action than alitigant
served personally."
2
Q Instead, the court held that "[tjhe period iscalculated first by applying the
7 Notice ofDenial ofService
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Fr= zachcoughlin 12-16-11 7:41am p. 8 of24
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less-than-eleven-day provision of Rule 6(a), thereby excluding any intervening weekendsand legal
holidays. After thiscomputation, three additional daysare added for mail service under Rule 6(e)."
21
Aswe noted in Custom Cabinet, federal decisionsare not binding on thiscourt.
22
However, "[w]e
have previously recognized that federal decisionsinvolving the Federal Rulesof Civil Procedure
provide persuasive authority when thiscourt examinesitsrules."
23
On the particular issue of
computing time under NRCP 6, the federal decisionsdiscussed above in regard tothe federal rule are
logically compelling.
Our decisionsin Custom Cabinet and Rossreflect the court'sdesire tomaintain asimple, efficient
and uniform system for computing time periodsunder NRCP 6.
24
However, neither of those cases
considered the impact that their computation scheme would have on filing periodssubject tothe
provision in NRCP 6(a) for the exclusion of intermediate nonjudicial days. In light of our recent
amendment toNRCP 6(a), which made the nonjudicial-day exclusion applicable tolonger time
periods, we can nolonger reconcile the utilityiof Rossand Custom Cabinet with the stifling effect
that they have on the intent behind Rule 6(e). Rule 6(e) isintended toprovide litigantswith
additional time when service ismade by mail. The computation method we employed in Custom
Cabinet and Rossworkscontrary tothat intent. Using the method employed in those casesafter the
amendment toRule 6(a), when a10-day time period isinvolved, the party personally served would
alwayshave more time toact than aparty served by mail.
For example, NRCP 59(b) providesthat "[a] motion for anew trial shall be filed nolater than 10 days
after service of written notice of the entry of the judgment." If aparty ispersonally served with
notice of entry, that party has14 calendar daystofile amotion because under NRCP 6(a), the
8 Notice of penal ofService: Dopolifion City ofReno'sNotice ofDenial ofService: Reauest for Clarification Regardinz Deadline
for Filing Motion For New Trial. Other Tolling Motions, et&
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01180
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To 84599357-307e-4bdb-93ac-65c32ba
intermediate nonjudicial dayswould be excluded from the computation. But under the Rossand
Custom Cabinet computation scheme, if that party had been served by mail, that party would only
have 13 calendar daystofile the same motion because the intermediate nonjudicial dayswould be
included in the computation. And after taking intoaccount the actual time for delivery of mail, a
party served by mail would certainly have even lessthan 13 calendar daystoact. Thisresult defeats
the purpose of Rule 6(e) and essentially makesthe amendment toRule 6(a) anullity by converting
10-day time periodsinto13-day periodsthat donot garner the benefit of the amendment. Asthe
Seventh Circuit observed in Lerro, "Nriteractionswithin acomplex set of rulessometimescan have
unexpected and unwelcome effects, but we should not create them when the text readily can bear
another meaning."
25
We should not dosohere in interpreting NRCP 6.
We therefore reverse our decisionsin Custom Cabinet and Rosstothe extent that they require that
filing periodsbe computed by adding the 3 daysfor service by mail under NRCP 6(e) tothe
prescribed period before applying NRCP 6(a). Consistent with the compelling federal cases
discussed above, we hold that the 10-day time period for filing motionsfor judgment asamatter of
law and for anew trial should be calculated first under NRCP 6(a), excluding intermediate Saturdays,
Sundaysand nonjudicial days. If service wasmade by mail or electronic means, 3 daysshould
thereafter be added pursuant toNRCP 6(e).
In thiscase, notice of the judgment'sentry wasserved by mail on Thursday, April 21, 2005.
Computing the 10-day time period from thisdate and excluding intermediate nonjudicial daysunder
NRCP 6(a), extended the deadline for tolling motionstoThursday, May 5, 2005. Adding 3 daysat
that point for service by mail made Monday, May 9, 2005, the final deadline tofile motionsfor
judgment asamatter of law or for anew trial. Appellant'smotionswere filed before that date, and
therefore they were timely filed and effectively tolled the time toappeal. Thereafter, appellant
9 Notice of Denial of Service: Ocoosifinn ci'y of Reno's Notice of Denial of Service: Reauest for Clay teation R*gardin2 Derain
for Filing Motion For New Trial. Other Tolling Motions, etc
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timely filed anotice of appeal within 30 daysafter service of written notice of entry of the order
resolving the tolling motions.
26

Finally, although the motion todismissand opposition did not addresswhether appellant'stolling
motionstolled the time toappeal from the post-judgment order awarding attorney fees, because of the
ambiguousnature of thisareaof law and the potential pitfall that it may present topractitioners, we
elect toaddressit suasponte.
22
The precise issue iswhether atolling motion directed at the final
judgment alsotollsthe time toappeal from aspecial order after final judgment. Thisisan issue of
first impression in Nevada.
An order awarding attorney feesand costsissubstantively appealable asaspecial order after final
judgment.
2
Special ordersafter final judgment are appealable because they affect the rightsof a
party growing out of the final judgment.
2
.
2
Like an appeal from afinal judgment, an appeal from an
order awarding attorney feesand costsmust be filed nomore than 30 daysfrom the date that notice
of the order'sentry isserved.
3
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Here, notice of entry of the order awarding attorney feesand costswasserved on appellant on June
10,2005. However, appellant did not file itsnotice of appeal until July 29, 2005-well beyond the
30-day time limit allowed under NRAP 4(a)(1). Accordingly, thiscourt only hasjurisdiction to
consider issuesrelating tothe attorney feesand costsorder if the time toappeal from that order was
tolled by appellant'smotionsfor judgment asamatter of law and for anew trial.
NRAP 4(a)(4) providesthat when atolling motion isfiled, "the time tofile anotice of appeal runsfor
all partiesfrom entry of an order disposing of the last such remaining motion." Thiscourt's
decisionshave evaluated tolling motionsin the context of appealsfrom final judgments,
3
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1
- However,
10 Notice of Denial of Service
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, Opposition, City g Reno's Notice or Denial of Service: Request for Clarification Rezardin2
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because NRAP 4(a)(4) does not specify from which orders the time to appeal may be tolled, its
applicability to post-judgment orders awarding attorney fees and costs is unclear,
In this case, the order awarding attorney fees to respondent was predicated on the final judgment in
respondent's favor. There is thus a close connection between the final judgment and the special
order after final judgment in that a change to the final judgment would likely result in a change to the
special order after final judgment. B y definition, any special order after final judgment must be
closely related to the judgment. This close connection leads us to conclude that the tolling motions
enumerated in NRAP 4(a)(4) apply to both types of orders. Any other interpretation of NRAP 4(a)
(4) would result in the appeal of a post-judgment order proceeding in this court while the underlying
judgment was still subject to change during the pendency of tolling motions in the district court.
Such an effect would not only impede judicial economy and result in piecemeal litigation,
32
but it
would also likely be counterintuitive to many legal practitioners and create significant confusion over
the time for filing appeals from special orders after final judgment, As we have previously
explained, "[t]he filing of a simple notice of appeal was intended to take the place of more
complicated procedures to obtain review, and the notice should not be used as a technical trap for the
unwary draftsman."
33
Our interpretation of NRAP 4(a)(4) tolling motions should reflect our intent
to preserve a simple and efficient procedure for filing a notice of appeal.
We therefore hold that a timely filed tolling motion under NRAP 4(a)(4) tolls the time to appeal
from both final judgment and special orders entered after final judgment. Accordingly, this court
has jurisdiction to consider the merits of any issues raised in this appeal relating to the award of
attorney fees and costs in the district courts June 9, 2005, order.
CONCLUSION
11 Notice of Denial of Service. Onoosition City of Reno's Notice of Denial of Service: Reauest for Clarification Reeardim
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We reverse our decisions in Custom Cabinet and Ross to the extent that they require that filing
periods be computed by adding 3 days for service by mail under NRCP 6(e) to the prescribed time
period before applying NRCP 6(a). Further, we hold that the "period of time prescribed" does not
include the 3-day allowance for service by mail under NRCP 6(e) and that time periods should be
calculated first under NRCP 6(a) before adding time under NRCP 6(e). Using this method of
computation, we conclude that appellant's motions for judgment as a matter of law and for new trial
were timely filed and thus effectively tolled the time to appeal. As a result, appellant's notice of
appeal was timely filed. Accordingly, we deny respondent's motion to dismiss.
We further hold that timely motions listed under NRAP 4(a)(4) toll both the time to appeal from the
final judgment and the time to appeal from a special order entered after final judgment.
Accordingly, this court also has jurisdiction to consider the merits of appellant's appeal from the
district court's order awarding attorney fees and costs in favor of respondent.
FOOTNOTES
1. See NRAP 3(a); Alvis v. State, Gaming Control Bd., 99 Nev. 184, 660 P.24 980 (1983).
Z. NRAP 4(a)(4).
a. NRCP 50(b); NRCP 59(b).
4. NRCP 6(e).
6. 97 Nev. 550, 553 nn. 1 & 2, 635 P.2d 298, 300 nn. 1 & 2 (1981).
6. 119 Nev. 51, 54-55, 62 P.3d 741 , 743 (2003).
Z. Id. at 54, 62 P.3d at 742-43.
Id.
12 Notice of Denial of Service: Qpposition City of Reno's Notice of Denial of Service: Reauest for Clarification Regarding
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To 44599357- 307e- 00- 93ac- 6502ba Frost zachcooghlin 12- 16- 11 7:41am p. 14 of 24
2.
See NRCP 6 drafter's note (2004).
2
10. Id.
11. See, e.g., Natty v. Natty Tree Farm, 654 F.Supp. 1315 (S.D.Ala.1987); Tushner v. U.S. Dist
Court for Cont. Dist. of Cal, 829 F.2d 853 (ft Cir.1987); Lerro v. Quaker Oats Co., 84 F.3d 239
(7th Cir.1996).
12. 654 F.Supp. at 1317.
12. Id.
J. Id.
11. Id. at 1317-18.
1.6. 84 F.3d 239, 242.
17. Id.
18. Id.
12. 829 F.2d at 855-56.
2f1. Id. (citing Natty, 654 F.Supp. at 1317).
11. Id. at 855-56.
21 119 Nev. at 54, 62 P.3d at 742.43.
2,1. Nelson v. Hear, 121 Nay. 832, 122 P.3d 1252, 1253 (2005).
24. Custom Cabinet, 119 Nev. at 55, 62 P.3d at 743.
2.1. 84 F.3d at 242.
16. NRAP 4(a)(4).
13 notice of Denial of Service: Onoosition City 9f Reno's Notice of Denial of Service. Request for Clarification Recording
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01185
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az. See Albios v. Horizon Communities, Inc., 122 Nev. 409, 132 P.3d 1022 (2006); McNair v.
Rivera, 110 Nev. 463, 468 n. 6, 874 P.2d 1240, 1244 n. 6 (1994); Bradley v. Romeo, 102 Nev. 103,
105, 716 P.2d 227, 228 (1986); Western Indus., Inc. v. General Ins. Co., 91 Nev. 222, 229-30, 533
P.2d 473, 478 (1975).
21. Smith v. Crown Financial Services, 111 Nev. 277, 289 n. 2, 890 P.2d 769, 771 n. 2 (1995).
22. See Gumm v. Mainor, 118 Nev. 912, 59 P.3d 1220 (2002).
Q. NRAP 4(aX1).
j. See, e.g., Matter of Application of Duong, 118 Nev. 920, 922-23, 59 P.3d 1210, 1212 (2002)
(concluding that a timely filed motion to amend or make additional findings of fact tolled the time to
appeal from a final judgment denying a petition to seal criminal records); Chapman Industries v.
United Insurance, 110 Nev. 454, 457, 874 P.2d 739, 741 (1994) (concluding that timely filed tolling
motions tolled the time to appeal from the final judgment); Able Electric, Inc. v. Kaufman, 104 Nev.
29, 31-32, 752 P.2d 218, 220 (1988) (concluding that a motion to alter or amend tolled the time to
appeal from the final judgment).
2. See, e.g., Hallicrafters Co. v. Moore, 102 Nev. 526, 728 P.2d 441 (1986).
31. Forman v. Eagle Thrifty Drugs & Markets, 89 Nev. 533, 536, 516 P.2d 1234, 1235 (1973),
overruled on other grounds by Garvin v. Dist. Ct., 118 Nev. 749, 751, 59 P.3d 1180, 1181 (2002)."
Winston Products v. DeBoer, 122 Nev. Adv.Op. 48, 134 P. 3rd 726 (2006);
The above, admittedly extended citation, applies to this issues at hand. Wherefore, the
udnersigned seeks a copy of the Order from the 11 30 , 2011 Trial, including any Contempt Order,
which must set for the with specificity pursuant to Houston v. Eight Judicial Distirct Court when
Judge Pomeranze put Houston in cuffs for about 30 minutes, a case I am somewhat aware of:
Coughlin Mandamus:
http://caseinfo.nvsupremecourt.us/public/caseView.decsIID=22746
Houston Mandamus:
http :Hess e info.nvsuprem ec ourt.us/publi c/cas e View. do ?cslID-14052
DATED this December 16th, 2011
/s/ Zac oughlin
Zach Coughlin
Defendant
14 Notice of DeniaLof Service: Qpnosition City of agio's Notice of Denial of Service: Rave& for Caprification Regarding
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1 DECLARATION OF ZACH COUGHIN
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1. I am the Defendant in this action.
2. I am not sure exactly what Judge Howard Ordered at the conclusion of the November 20'h,
2011 Trial
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3. I have not been entirely sure what the difference is between emails and faxes, as many people
send faxes from their computers, like email, and it is my understanding that all electronic
transmissions, whether text, sound, video, whatever, are ultimately just converted to series of
l's and O's....Nonetheless, I have read the RMCR Rule 5 on service of motions by fascimile
and made reasonable attempts to comply with Ms. Roberts request that I interpret that rule to
mean a transmission of l's and 0's that is not "email" based. As such, I fax her from a fax
number of mine, 949-667-7402 and have faxed her the December 13a Motion for a New Trial
etc, to Ms. Roberts at her fax number. I know of know rule that allows Ms. Roberts, a public
employee, to all the sudden declare a citizen is not allowed to email her, much less opposing
counsel in a case.
4. Attorneys in private practice, as far as I know, manage to open attachments, use Spybot,
Malwarebytes, SuperAntiSpyware, whatever..., they make it happen without a super bloated
governmental salary and don't claim a "fear of viruses" should dictate everything, in my
opinion.
5. At the conclusion of the November 30
th
, 2011 Trial, indeed, several hours prior to its
conclusion even, I was extremely faint and it was very difficult to function at the level
necessary to put on a defense. I do not wish to go into the why's and wherefores of this, it
15 Notice of Denial of Service: Onnosition City of Reno's Notice of Denial of Service: Request for Clarification Reeardin2
DeA Olin: for Filiqg Motion For New Trial Other Tollios Motions et
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To.84599357-307e-Odb-93ac-65c32ba From: zachcoughlin 12-16-11 7:41am p. 17 of 24
1 may involved ADA/privacy issues/medical issues, but, suffice tosay, I in noway could have
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imagined that the RMC would see fit tohold everyone there, many getting paid quite ahit of
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overtime, in some incredible effort tomake sure thisone little old petit larceny trial got done
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super, super fast. I could have never imagined that the Trial would continue until almost 9 p
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at night, why, in my experience, government employeesgenerally leave their office buildings
7 assoon after 5 pm ashumanly possible. Assuch, I wasin noway prepared,
physically/mentally/medically, etc. tocontinue on that late intothe evening.
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6. Apparently, at the close of Trial, Judge Howard made aruling. I have received conflicting
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reportsastowhether the RMC isasserting that I entered aguilty plea(I donot believe that
12 assertion comportswith reality in any way) or whether Judge Howard made afinding of
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Contempt committed in the presence of the Court 22.030 and summarily sentenced me to
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three daysin jail, with nopossibility of stay or appellate review, despite Judge Howard havin
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denied me my Sixth Amendment Right ToCounsel, assuring me he would not order any
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incarceration. I outlined toJudge Howard what adevastating effect hisruling might have on
18 my clientscasestothe extent he wasnot affording me any opportunity tohelp them make
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other arrangementstoavoid prejudicing their cases, and Judge Howard agreed that he wassad
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about that then angrily left the bench after exclaiming something like "we are off the record".
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7. At that point Judge Howard'steam of Marshalls(I thinkabout four of the Marshalls, at least
23 were working at overtime wagesat that point in the night toinsure that the Wal-Mart clerk
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would not be burdened by having toreturn tocourt during normal businesshoursshould a
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continuance have been granted) stormed up tome and demanded I assume ahandcuffed
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position, despite my passionate pleasthat I needed tobe able tohit the "save" button on my
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notesfrom the trial on my nethookcomputer. The Marshalstold me that wasnot allowed to
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Nonce ofDenial ofService: Opposition City ofReruYsNotice ofDenial ofService: Requestfor Clarification Itemarcling
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From zachcoughlin 12-16-11 7141am p. 18 of 24
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hit the "save" button and that they didn't care about my notesbeing lost. Itsreally wasquite
remarkable the extent towhich these Marshalstreated me like I just knocked off aliquor store
with afirearm, pistol whipped the cashier, then happened upon them in the parking lot after
they witnessed the entire event.
8. I wastaken backtoaholding cell for several minutes, whereupon I wassummoned backinto
the court room and Judge Howardspresence where he talked some more. AsI recall, Judge
Howard mentioned a10 day limitationsperiod or deadline that would be running from the
notice of entry of hisVerdict and Contempt Finding. Judge Howard mentioned that, given
that he wasincarcerating me for the next 3 days, he wasgoing toextend all deadlineswhich
might apply toany noticesof appeal or motionsseeking anew trial, toset aside the judgment,
vacate, etc an additional three daysafter the normal time on which those limitationsperiods
would run. Judge Howard seemed toexplain that thiswould have the effect of giving me
more time toundertake tofile these pleadings, motions, and noticesif I sochoose sothat the
summary incarceration (which Judge Howard wassure topoint out would not be bailable or
otherwise circumvented by any attemptstoaccessjustice) would not prejudice my ability to
doso. AsI understood it thismeant lengthening the time I had tofile such papers, not
shortening it, and Judge Howard seemed toindicate that the period tofile such thingswould
still be adjudged tobe within the 11 daysor lesscited in NRCP 6(a), and, assuch, non
judicial dayswould not count towardsthe 10 dayswithin which I must file the variouspost
Verdict papersI might want tofile. Judge Howard seemed toindicate that the three additional,
dayshe wasgranting me would be added on after the expiration of those 10 non judicial days
from notice of entry of Judge Howard's Order wasfiled with the RMC and served upon me.
17 Notice of Denial of Service. Onnosition City of RenQ's hictile of Denial of Service: Request for Clarification Regarding
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9. It ismy recollection that Judge Howard then left the courtroom and I wasleft alone with
about 4 Marshals, all collecting overtime. At that point the got abit rough with me and
started speaking in very hostile, ominoustones, shoving some papersin front of my face, but
not long enough for me tobe able toread them or discern what they related to. The Marshals
began demanding that I sign these papers. I asked them if they were mortgage documentsor
perhapssome student loan agreementsor other sortsof documentsfor which any reasonable
person would want an opportunity toreview prior tosigning. Thismade the Marshalseven
more angry than they normally seem, and they typically seem very, very angry most of the
time, tome at least. In fact, Marshal Mentzel, at My October 11th, 2011 arraignment had
become enraged with me for askign questionsabout my Sixth Amendment Right toCounsel. I
reported thistothe court and even made anotation about it, I believe, on the document
Marshal Mentzel demanded I sign on that day. That same day Marshal Mentzel criticized me
tomy face after I appeared before Judge Gardner for the arraignment. Mentzel told me I had
asked Judge Gardner stupid questions, and I believe he made some other insulting and
threatening remarkstome at that time, but I am abit afraid toget intohere in much detail.
10. So, on November 30th, 2011, after Judge Howard left the courtroom the Marshalswould not
let me read the papersthey wanted me tosign for more than asecond or twobefore they
began hounding me tosign them in angry and threatening tones, I wassodistraught from the
variousirregularitiesI perceived in the Trial, and that wasonly compounded by the thuggish
behavior of the Marshals, whoquickly informed me that they didn't have time for me toroad
anything and dragged me away tothe 3 daysof incarceration I faced, while my car wassure
toget towed (especially considering the Deputeesat the Washoe County Jail saw fit torefuse
toallow me tomake more than, I believe, asingle phone call, shortly after arriving at the jail,
a9tice ofDeniAl ofService: O
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whereupon they went intotheir usual routine of retaliating against one whorefusestodivulge
their religiouspreference or one whocannot answer all of their highly invasive questionswith
the exact degree of specificity they demand. Thisretaliation, in my case, included forcing me
intosome sort of position on my kneesextremely close tothe crotchesof several WCSO
Deputeesin some sort of sadistic forced simulation of my performing oral sex upon them, at
least from my point of view. I wasplaced in afreezing cold room, with acement floor, by
myself, in retaliaton for failing todisclose my religiouspreference and indicating that I was
not exactly sure how much money I made each month given the variable nature of my
compensation. I wasplace alone in aholding cell with nothing but awooden bench, and the
ice cold cement floor due tothe cell being sequestered away from the buildingsheat sources,
including other people. My dog wasleft tofend for itself My dog wasfeature in this
December'sNevadaLawyer magazine, Jackson Pawluck, a3 year old Pekingnese.
11. 3 Dayslater when I wasrelease from jail, the personal property returned tome did not
included any Verdict or Contempt Finding/Order related tothe November 30t
h
, 2011 Trial in
RMC 11 CR 22176. I called several timesin the daysfollowing my release and spoke with
VeronicaLopez (though it tookseveral daystoascertain her last name given that neither she
nor anyone associated with the RMC would divulge it tome) whom informed me that I had
been served Judge Howard'sOrder at the conclusion of the November 30
th
, 2011 Trial. Ms.
Lopez immediately tookabullying, hostile, aggressive tone with me that seem completely out
of place coming from her given the position of authority the public hasentrusted her with and
what I feel isaduty on her part toattempt tocome acrossas"judicial" rather than tyrannical.
12. I informed Ms. Lopez that I did not feel I had been served at all, and that I wasnot at all sure
what she wasreferring to, but that I would definitely like toget acopy of any Order
19 Notice ofDenial ofService: Opposition City ofReno's112tiig ofDenial ofService: Requestfor Clarification Regarding.
Deadline for Filing Motion For New Trial. Other TollinaMotions. etg
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Te ti4b99.0/-alle-lbdb-9iac-bbc3Zba From zacheoughlin 12-16-11 7:41am p, 21 of 29
immediately, aswell asacopy of the audioof the Trial. I believe Ms. Lopez informed me
that I would not be allowed acopy of the audio, but that I would need topay for atranscript t
be made. I am sure, however, that afemale RMC filing office counter employee told me on
or about the same day that I would not ever be provided acopy of the audiorecording of the
trial but that I would need topay tohave atranscript made, and that I could only use Pam
Longoni, the RMC'sOfficial Transcriptist.
13. I called Ms. Longoni and when I finally got ahold of her she informed me that she would need
the RMC toallow her accesstothe audio(despite her being "linked" tothe RMC'ssystems),
and that until that wasdone, she could not quote me an estimate for the transcript cost, nor
could she accept any payment form me. I believe Ms. Longoni further indicated tome that I
would not be able toget acopy of the actual audiorecording either
14. I have sent several written communicationsand had several verbal communicationswith D.
Ballard and other RMC personnel expressing my exigent desire toget acopy of the audioof
the Trial, and how necessary it wastopreparing filings/motions/pleadingsfor which I had a
very limited period of time tocraft.
15. Before, while, and after speaking with Ms. Ballard, agentleman whose name escapesme but
whoisafiling counter clerkat the RMC told me I would need toget asubpoenatoget acopy
of the RMC docket in my case, and that he couldn't give me copiesof anything in my case,
certainly not the Order stemming from the November 30
th
, 2011 Trial, that he did not have
accesstosuch, and even if he did, would not provide it, and that hissystem did not show
entry of anything in connection with the November 30th, 2011 Trial. He further verified that
there had not been any entry in his"docket" for RMC 11 CR22176 21 and that noNotice of
Entry of Order or Entry of Order existed in hissytem or computer for that matter following
20 Notice of Denis: of Service: OppositiorLeity of Reno's Notice of Denial of Service; Request for Clarification Remardirz
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1 the Trial. He did indicate that .. they" said the Motion for New Trial that I had recently filed
2
was timely. and I believe he said "they" said the day he and I were currently speaking was
3
''the last day they gave you to filo", which I believe Thesday. December 13
111
, and given tho

5
"additional 3 days" language that I recall Judie Howard mentioning he was adding on to
6
allow me more time to file, would mean that "they" (I took "thoy" to be "V cronic.", whom
7 the gentleman clerk steadfastly refused to identify by last name and for which the phone
8
number he wrote down for me in his own handwriting with "Veronica" ".,.jtten out turned out
9
to be a disconnected number) had assumed service was appropriately performed at the
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conclusion of the Trial, and that 13 days began running on the following day, that the halfa
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day the RMC is open on Fridays would o u t as a fulJ judicial day. and that nonjudicial days
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would be included in counting towards this 13 days given the way "they" or "Veronica" bad
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interpreted Judge Howard's Order, apparently in a way that made the time I had to file these
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various papers shorter than it would have been had Judge Howard simply not granted an
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additional three days given the dictates of not counting nonjudicial days in NRCP 6(e). It is
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my understanding, however, the 1 have not even been served this Verdict/Order, and that any
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limitations period must not even begin running untill am appropriately served. Veronica
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admitted to me on the phone. I believe on Monday or Tuesday when I called her from the
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free phone in the Washoe County Law library with law libarian employee Linda Blakeley
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sitting within earshot. that the RMe felt it had appropriately served me the Order at the
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conlcusion of the trial and had failed to otherwise send me a copy in the mail or by fax. I
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asked Ms. Lopez if I could get a copy of the Order, as well as any other Orders that had been
26 issued in the case. She agree to fax me only the Order from the conclusion of the November
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.2011 Trial, refusing to provide any other Orders. As of yet. despite reading back to her
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21 Noli" orDenia! Q[Seryice Opposilion Ow o[Raoo', NolieCl Q(Denia! ofServiee Reguctl for Qarilkatim Roprding
Ilcadljrw for Fili. Motion For New Tria! Otbc;rTglHnr MotiOlll, etR
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my fax number at least twice, I have yet to receive a fax containing anything from the RMC,
much less the Order following the Novombor 3D, 2011 Trial.
APPLICATION FOR DEFERRAL OR WAIVER OF COURT FEES AND COST
This is an Application lor Deteml of Court Fees and Cosu.
STATEMENTS MADE TO THE COURT UNDER OATH. I swear or affmn that the information. in this application is
true and correct. I make this statement under the penahy of prosecution for pcIjury if it is dct.cnnined that I did not tell the
truth.
T am requesting a deferral or waiver of the following feea and costs in my case:
_"_Any or all of the foJlowina;: All filina foes; fees fer tho issuance of either 8 summons and subpoena;
_"_Fees for obtaining one certified copy of a temporary order in a domestic relations case Of a fmal order, j\ldamcnt
or del.::rec in all criminal proceedings.
_"_Fees for service ofprooess by a sheritf. marshal. constablo or law enfOrcement. Feu for service by publication.
_X_Filing fees and photocopy [ees for the preparation of the record on appeal.
_X_Court reporter's fees of reporters or transcribel'l employCld by the court fot the preparation ohhc 1ranscript
The basis for the request is:
1. W AlVER.: J am pennanently unable to pay. My income lind liquid a_cb arc insuJficilllnt or barely sufficient to meet
the daily C3Kntiab of life and unlikely to chqc in the foreseeable future.
2. DEFERRAL:
I. My income is insufficient or is barely sufficient to meet the daily essenti als of life. and includes no allotment that could
be budgeted for the fees 8Ild casts that are required to aain a.c<:oSll to the tWIt.
b. I do not have the money to pay the court feCI and ctJJts now. I do not know if I can pay the fees and costs atalater
dato.
AFFIRMATION Punuant to NRS 239B.030
The undersigned does hereby alf'lnn that the preceding document does not contain
the social security number of any person.
P\r!l\l8nt to NRS 53.045, I declare under penalty of perjury that the foregoing is true and correct Executed on December
16,2011
DATED this December 16th. 2011

Zach Coughlin
Defendant
22 Notice o(Denjal or SmiCG; Opposition Oty o(aGoo'. Notice of Denial orseryiCG' Request for OorifieNiOJl RqgwdjrR
Deadline far Fjlh" Mgtjgn Fa; NewTriel Other Tollina Motigns etc
01194
01194
___ ___ ........ ____ ._ _ _ _ _ _ ....... _ .... ___ ___ _ _ _._. _ _ _ _ ___ _____ .-.-_ _____ ___ M
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PROOF OF SERYICE
I, Zach Coughlin. declare:
On December 16.2011. L Mr. Zach Coughlin served the foregoing document byemailing
and faxing a true copy thereof to:
Pamela G Roberts, Esq.
Reno City Attorney's Office Criminal Divilon
AP.O. Box 1900 Reno. NV 89505
Phone Number: 775-334-2050
Fax number: 775-33-t.2420
Email: robertsp@reno,gov
Reno Municipal Court
renomunirecords@reno.goy
Clerk! Administrator
Reno Municipal Court
One South Sierra Street
Reno, Neva.da 89501
Fax: 775 326 5105
DATED THIS 16th day of December. 2011 BY:
+
13 Noti ce ofQs;njal arSenic;; Opposjtim ely grRft'. Notice arDeni.aI grsCmcc RCQllClt Cor Cujtjc;atjm Reprdjm
Qcarlinc f;:r piU .. Motioo E'I' New Dial OtIwloI!inr Moriom ItQ
01195
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------
"'LEO
o I1UNfCIi'Al COURT
I
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Coughlin
2 817 N. Virginia Sl #2
3 Reno, NY 89501
ole: 775-22'N>737
Fa<:
Pro per Defendant/Appellant
s
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1

,
CITY OF RENO;
Plaintiff.
v.
lO" DEC 13 PH 5: 0/.
l.' ": ::':!Iff": ' ', . r
... . . ,.
," Y
" - -
C::PtJT' f-
JUSTICE COURT RENO TOWNSHIP
WASHOE COUNIY, NEVADA
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ZACHARY BARKER COUGHLIN
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) CoseNo:ll CR2217621
) DeptNo:ludgeHow..t
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Defendaol
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1 Notice of ApoooI_ MotiCI! 10 V_lAd or Set ARde,1CRCP 59.1CRcp 60. Motim for
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01196
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Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0, >otion )or
Recon<i*eration5 >otion )or Recu<al5 >otion #or &u?lication 1) Tran<cri't at &u?lic 0$'en<e,
&etition )or /n #or@a &au'eri< Statu<
&1/NTS ,N( ,.T31R/T/0S
C,S0 ,&&0,: ST,T0>0NT
(e)en*ant+,''ellant, Zach Coughlin, here?A )ile< thi< Notice o) ,''eal, >otion to Vacate an*
or Set ,<i*e, -CRC& 59, -CRC& !0, >otion )or Recon<i*eration5 >otion )or Recu<al5 >otion #or
&u?lication 1) Tran<cri't at &u?lic 0$'en<e, &etition )or /n #or@a &au'eri< Statu<.
&1/NTS ,N( ,.T31R/T/0S
,N,:4S/S
/NC1R&1R,T0 74 R0#0R0NC0 ,:: :,2 ,N( ,SS0RT/1NS /N ,TT,C30(
&,&0RS ,N( &:0,(/N9S ,N( 2R/T/N9S /N 0B3/7/T 1:
R.:0 59. N02 TR/,:S5 ,>0N(>0NT 1# -.(9>0NTS
(a) Grounds. , ne= trial @aA ?e grante* to all or anA o) the 'artie< an* on all or 'art o) the i<<ue< )or anA o) the
)ollo=ing cau<e< or groun*< @ateriallA a))ecting the <u?<tantial right< o) an aggrie6e* 'artA: C1; /rregularitA in the
'rocee*ing< o) the court, DurA, @a<ter, or a*6er<e 'artA, or anA or*er o) the court, or @a<ter, or a?u<e o) *i<cretion ?A
=hich either 'artA =a< 're6ente* )ro@ ha6ing a )air trial5 C2; >i<con*uct o) the DurA or 're6ailing 'artA5 C"; ,cci*ent or
<ur'ri<e =hich or*inarA 'ru*ence coul* not ha6e guar*e* again<t5 C%; Ne=lA *i<co6ere* e6i*ence @aterial )or the 'artA
@aEing the @otion =hich the 'artA coul* not, =ith rea<ona?le *iligence, ha6e *i<co6ere* an* 'ro*uce* at the trial5 C5;
>ani)e<t *i<regar* ?A the DurA o) the in<truction< o) the court5 C!; 0$ce<<i6e *a@age< a''earing to ha6e ?een gi6en un*er
the in)luence o) 'a<<ion or 'reDu*ice5 or, C7; 0rror in la= occurring at the trial an* o?Decte* to ?A the 'artA @aEing the
@otion. 1n a @otion )or a ne= trial in an action trie* =ithout a DurA, the court @aA o'en the Du*g@ent i) one ha< ?een
entere*, taEe a**itional te<ti@onA, a@en* )in*ing< o) )act an* conclu<ion< o) la= or @aEe ne= )in*ing< an* conclu<ion<,
an* *irect the entrA o) a ne= Du*g@ent.
(b) Time for Motion. , @otion )or a ne= trial <hall ?e )ile* no later than 10 *aA< a)ter <er6ice o) =ritten notice o) the
entrA o) the Du*g@ent.
(c) Time for Serving Affidavits. 2hen a @otion )or ne= trial i< ?a<e* u'on a))i*a6it< theA <hall ?e )ile* =ith the @otion.
The o''o<ing 'artA ha< 10 *aA< a)ter <er6ice =ithin =hich to )ile o''o<ing a))i*a6it<, =hich 'erio* @aA ?e e$ten*e* )or
an a**itional 'erio* not e$cee*ing 20 *aA< either ?A the court )or goo* cau<e <ho=n or ?A the 'artie< ?A =ritten
<ti'ulation. The court @aA 'er@it re'lA a))i*a6it<.
(d) On Courts Initiative; Notice; Secif!ing Grounds. No later than 10 *aA< a)ter entrA o) Du*g@ent the court, on it<
o=n, @aA or*er a ne= trial )or anA rea<on that =oul* Du<ti)A granting one on a 'artAF< @otion. ,)ter gi6ing the 'artie<
notice an* an o''ortunitA to ?e hear*, the court @aA grant a ti@elA @otion )or a ne= trial )or a rea<on not <tate* in the
@otion. 2hen granting a ne= trial on it< o=n initiati6e or )or a rea<on not <tate* in a @otion, the court <hall <'eci)A the
groun*< in it< or*er.
(e) Motion to A"ter or Amend a #udgment. , @otion to alter or a@en* the Du*g@ent <hall ?e )ile* no later than 10 *aA<
a)ter <er6ice o) =ritten notice o) entrA o) the Du*g@ent.
G,< a@en*e*5 e))ecti6e -ulA 1, 2005.H
2 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0, >otion )or
Recon<i*eration5 >otion )or Recu<al
01197
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R.:0 !0. R0:/0# #R1> -.(9>0NT 1R 1R(0R
(a) C"erica" Mista$es. Clerical @i<taEe< in Du*g@ent<, or*er< or other 'art< o) the recor* an* error< therein ari<ing )ro@
o6er<ight or o@i<<ion @aA ?e correcte* ?A the court at anA ti@e o) it< o=n initiati6e or on the @otion o) anA 'artA an*
a)ter <uch notice, i) anA, a< the court or*er<. (uring the 'en*encA o) an a''eal, <uch @i<taEe< @aA ?e <o correcte* ?e)ore
the a''eal i< *ocEete* in the a''ellate court, an* therea)ter =hile the a''eal i< 'en*ing @aA ?e <o correcte* =ith lea6e o)
the a''ellate court.
(b) Mista$es; Inadvertence; %&cusab"e Neg"ect; Ne'"! (iscovered %vidence; )raud* %tc. 1n @otion an* u'on <uch
ter@< a< are Du<t, the court @aA relie6e a 'artA or 'artAF< legal re're<entati6e )ro@ a )inal Du*g@ent, or*er, or 'rocee*ing
)or the )ollo=ing rea<on<: C1; @i<taEe, ina*6ertence, <ur'ri<e, or e$cu<a?le neglect5 C2; ne=lA *i<co6ere* e6i*ence =hich
?A *ue *iligence coul* not ha6e ?een *i<co6ere* in ti@e to @o6e )or a ne= trial un*er Rule 59C?;5 C"; )rau* C=hether
hereto)ore *eno@inate* intrin<ic or e$trin<ic;, @i<re're<entation or other @i<con*uct o) an a*6er<e 'artA5 C%; the
Du*g@ent i< 6oi*5 or, C5; the Du*g@ent ha< ?een <ati<)ie*, relea<e*, or *i<charge*, or a 'rior Du*g@ent u'on =hich it i<
?a<e* ha< ?een re6er<e* or other=i<e 6acate*, or it i< no longer eIuita?le that an inDunction <houl* ha6e 'ro<'ecti6e
a''lication. The @otion <hall ?e @a*e =ithin a rea<ona?le ti@e, an* )or rea<on< C1;, C2;, an* C"; not @ore than ! @onth<
a)ter the 'rocee*ing =a< taEen or the *ate that =ritten notice o) entrA o) the Du*g@ent or or*er =a< <er6e*. , @otion
un*er thi< <u?*i6i<ion C?; *oe< not a))ect the )inalitA o) a Du*g@ent or <u<'en* it< o'eration. Thi< rule *oe< not li@it the
'o=er o) a court to entertain an in*e'en*ent action to relie6e a 'artA )ro@ a Du*g@ent, or*er, or 'rocee*ing, or to <et
a<i*e a Du*g@ent )or )rau* u'on the court. 2rit< o) cora@ no?i<, cora@ 6o?i<, au*ita Iuerela, an* ?ill< o) re6ie= an* ?ill<
in the nature o) a ?ill o) re6ie=, are a?oli<he*, an* the 'roce*ure )or o?taining anA relie) )ro@ a Du*g@ent <hall ?e ?A
@otion a< 're<cri?e* in the<e rule< or ?A an in*e'en*ent action.
(c) (efau"t #udgments+ (efendant Not ,ersona""! Served. 2hen a *e)ault Du*g@ent <hall ha6e ?een taEen again<t anA
'artA =ho =a< not 'er<onallA <er6e* =ith <u@@on< an* co@'laint, either in the State o) Ne6a*a or in anA other
Duri<*iction, an* =ho ha< not entere* a general a''earance in the action, the court, a)ter notice to the a*6er<e 'artA, u'on
@otion @a*e =ithin ! @onth< a)ter the *ate o) <er6ice o) =ritten notice o) entrA o) <uch Du*g@ent, @aA 6acate <uch
Du*g@ent an* allo= the 'artA or the 'artAF< legal re're<entati6e< to an<=er to the @erit< o) the original action. 2hen,
ho=e6er, a 'artA ha< ?een 'er<onallA <er6e* =ith <u@@on< an* co@'laint, either in the State o) Ne6a*a or in anA other
Duri<*iction, the 'artA @u<t @aEe a''lication to ?e relie6e* )ro@ a *e)ault, a Du*g@ent, an or*er, or other 'rocee*ing
taEen again<t the 'artA, or )or 'er@i<<ion to )ile an an<=er, in accor*ance =ith the 'ro6i<ion< o) <u?*i6i<ion C?; o) thi<
rule.
(d) (efau"t #udgments+ Modification Nunc ,ro Tunc. 2hene6er a *e)ault Du*g@ent or *ecree ha< ?een entere*, the
'artA or 'artie< in *e)ault therein @aA at anA ti@e therea)ter, u'on =ritten con<ent o) the 'artA or 'artie< in =ho<e )a6or
Du*g@ent or *ecree ha< ?een entere*, enter general a''earance in the action, an* the general a''earance <o entere* <hall
ha6e the <a@e )orce an* e))ect a< i) entere* at the 'ro'er ti@e 'rior to the ren*ition o) the Du*g@ent or *ecree. 1n <uch
a''earance ?eing entere* the court @aA @aEe an* enter a @o*i)ie* Du*g@ent or *ecree to the e$tent onlA o) <ho=ing <uch
general a''earance on the 'art o) the 'artA or 'artie< in *e)ault, an* it <hall ?e entere* nunc 'ro tunc a< o) the *ate o) the
original Du*g@ent or *ecree5 'ro6i*e*, ho=e6er, that nothing herein containe* <hall 're6ent the court )ro@ @o*i)Aing
<uch Du*g@ent or *ecree a< <ti'ulate* an* agree* in =riting ?A the 'artie< to <uch action, an* in accor*ance =ith the ter@<
o) <uch =ritten <ti'ulation an* agree@ent.
R.:0 !2. ST,4 1# &R1C00(/N9S T1 0N#1RC0 , -.(9>0NT
(a) Automatic Sta!. 0$ce't a< <tate* herein, no e$ecution <hall i<<ue u'on a Du*g@ent nor <hall 'rocee*ing< ?e taEen )or
it< en)orce@ent until the e$'iration o) 10 *aA< a)ter <er6ice o) =ritten notice o) it< entrA.
(b) Sta! on Motion for Ne' Tria" or for #udgment. /n it< *i<cretion an* on <uch con*ition< )or the <ecuritA o) the
a*6er<e 'artA a< are 'ro'er, the court @aA <taA the e$ecution o) or anA 'rocee*ing< to en)orce a Du*g@ent 'en*ing the
*i<'o<ition o) a @otion )or a ne= trial or to alter or a@en* a Du*g@ent @a*e 'ur<uant to Rule 59, or o) a @otion )or relie)
)ro@ a Du*g@ent or or*er @a*e 'ur<uant to Rule !0, or o) a @otion )or Du*g@ent in accor*ance =ith a @otion )or a
Du*g@ent a< a @atter o) la= @a*e 'ur<uant to Rule 50, or o) a @otion )or a@en*@ent to the )in*ing< or )or a**itional
)in*ing< @a*e 'ur<uant to Rule 52C?;.
(c) -eserved.
(d) Sta! .on Aea". 2hen an a''eal i< taEen the a''ellant ?A gi6ing a <u'er<e*ea< ?on* @aA o?tain a <taA. The ?on*
@aA ?e gi6en at or a)ter the ti@e o) )iling the notice o) a''eal. The <taA i< e))ecti6e =hen the <u'er<e*ea< ?on* i< )ile*.
" Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0, >otion )or
Recon<i*eration5 >otion )or Recu<al
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(e) Sta! in )avor of t/e State or Agenc! T/ereof. 2hen an a''eal i< taEen ?A the State or ?A anA countA, citA or to=n
=ithin the State, or an o))icer or agencA thereo) an* the o'eration or en)orce@ent o) the Du*g@ent i< <taAe*, no ?on*,
o?ligation, or other <ecuritA <hall ?e reIuire* )ro@ the a''ellant.
(f) -eserved.
(g) ,o'er of Ae""ate Court Not 0imited. The 'ro6i<ion< in thi< rule *o not li@it anA 'o=er o) an a''ellate court or o)
a Du*ge or Du<tice thereo) to <taA 'rocee*ing< *uring the 'en*encA o) an a''eal or to <u<'en*, @o*i)A, re<tore, or grant an
inDunction *uring the 'en*encA o) an a''eal or to @aEe anA or*er a''ro'riate to 're<er6e the <tatu< Iuo or the
e))ecti6ene<< o) the Du*g@ent <u?<eIuentlA to ?e entere*.
(/) Sta! of #udgment as to Mu"ti"e C"aims or Mu"ti"e ,arties. 2hen a court ha< or*ere* a )inal Du*g@ent un*er the
con*ition< <tate* in Rule 5%C?;, the court @aA <taA en)orce@ent o) that Du*g@ent until the entering o) a <u?<eIuent
Du*g@ent or Du*g@ent< an* @aA 're<cri?e <uch con*ition< a< are nece<<arA to <ecure the ?ene)it thereo) to the 'artA in
=ho<e )a6or the Du*g@ent i< entere*.
G,< a@en*e*5 e))ecti6e -ulA 1, 2005.H
'ro<ecutorial @i<con*uct C<uch a< the (.,. =ithhol*ing Je$cul'atorAJ e6i*ence that coul*F6e hel'e* Aour *e)en<e;
Du*icial error< C<uch a< the Du*ge 'er@itting e6i*ence that <houl*F6e ?een e$clu*e* or 6ice 6er<a;
erroneou< a''lication o) a la= or regulation i@'ro'er DurA in<truction<
ine))ecti6e a<<i<tance o) coun<el or other @al'ractice the e6i*ence *i* not 'ro6e Aour guilt ?eAon* a rea<ona?le *ou?t
/ =ent to the )iling o))ice at the R>C a cou'le ti@e< recentlA, inclu*ing to*aA, an* <ent in another =ritten reIue<t <eeEing
an au*io ta'e o) the Trial in R>C 11 CR 2217! /C 110!27 RS/C ?ut =a< tol* ?A a ClerE that / =oul* nee* to 'aA )or
the entire Trial to ?e tran<cri?e*, an* onlA then =oul* / ?e allo=e* to rea* it, an* that / =oul* not ?e allo=e* to acce<<
the au*io o) the hearingK /< thi< correctK / nee* to ha6e the au*io o) the Trial to )ini<h @A Rule 59, !0, an* >otion )or
Recon<i*eration >otion<..../ =ill 'aA )or the au*io. / ha6e recei6e* @anA au*io c*+*6*L< )ro@ ?oth Reno -u<tice Court
an* 2a<hoe (i<trict Court, an* it =a< announce* in court that the trial =a< ?eing au*io recor*e*, a< <uch, / ho'e Aou =ill
a))or* @e a co'A. To*aA, / calle* the R>C an* <'oEe =ith Veronica, =ho <oun*e* 6erA angrA =ith @e an* *i<@i<<i6e. /
=a< <u@@arilA <entence* to " *aA< in Dail at the en* o) the trial in thi< @atter, e6en =here / ha* ?een *enie* @A Si$th
,@en*@ent Right To Coun<el, a)ter a Conte@'t co@@itte* in the courtL< 're<ence )in*ing =a< announce*, in a**ition to
a guiltA 6er*ict in the un*erlAing action. Veronica in)or@e* @e that <he =a< at the trial an* that the R>C ha* )aile* to
@ail @e or other=i<e <er6e @e =ith a co'A o) the =ritten 1r*er, either )or the guiltA con6iction in the un*erlAing ca<e or
the conte@'t or*er. / =a< )orce* into han*cu))< <o IuicElA ater -u*ge 3o=ar* conclu*e* i<<uing hi< oral ruling that / =a<
not e6en a?le to <a6e @A note< on @A co@'uter, it =a< literallA a''arentlA that e$igent a <ituation to han*cu)) @e....Then
a )e= >ar<hall< 'lace <o@e 'iece< o) 'a'er in )ront o) @e an* *e@an*e* / <ign the@, an* ?eca@e angrA, liEe Veronica
an* liEe >ar<hall >onte, / ?elie6e, =a< at the arraing@ent, =hen / a<Ee* a <i@'le Iue<tion relate* to *ue 'roce<<,
<o@ething @anA at the R>C *o not <ee@ all that ena@ore* =ith. / a<Ee* i) / coul* e6en rea* the 'a'er< theA =ere
*e@an*ing / <ign right then an* there. The curtlA an* lou*lA <ai* no, then *ragge* @e a=aA ?e)ore / coul* rea* the
'a'er<, @uch le<< <ign the@. Veronica <narle* at @e that that =a< all the <er6ice o) the 1r*er o) Conte@'t an* 9uiltA
Ver*ict that / =oul* get, ?ut that <he @ight )a$ it to @e, ho=e6er, no )a$ ha< arri6e*, *e<'ite @A illu<trating the
e$igencie< o) recei6ing the 1r*er in 're'aring @A Relie) #ro@ -u*g@ent >otion<. Veronica continue to curtlA re)u<e to
'ro6i*e @e anA co'A o) anA o) the 're6iou<lA )ile* 1r*er< o) the Court unle<< / 'ai* )or the@, *e<'ite @A a''arentlA not
ha6ing ?een 'ro6i*e* a co'A o) <uch or*er< in the )ir<t 'lace. / ha6e no i*ea =hat tho<e 'a'er< =ere CtheA certainlA =ere
not in the 'ro'ertA gi6en to @e u'on @A relea<e )ro@ Dail; an* ha6e recei6e* nothing in the @ail, *e<'ite u'*ating the
R>C =ith @A ne= a**re<< o): 817 N. Virginia St. #2, Reno NV 89501 an* )iling an o))icial Change o) ,**re<< =ith the
.S&S <hortlA a)ter / =a< <u@@arilA e6icte* C*e<'ite there ?eing onlA a No Cau<e Su@@arA 06iction notice again<t @A
co@@ercial lea<e, <o@ething entirelA 'ro?i?ite* again<t un*er NRS %0.25". Not onlA =a< / *enie* @A Si$th ,@en*@ent
Right to Coun<el =here Dail ti@e =a< a 'o<<i?ilitA Can* =here, /, in )act =a< Daile*, i@@e*iatelA;. / =a< *enie* a
continuance in thi< @atter *e<'ite a =ritten a<<ent to one ?A Reno CitA ,ttorneA &a@ Ro?ert< an* *e<'ite the )act that the
% Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0, >otion )or
Recon<i*eration5 >otion )or Recu<al
01199
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Reno CitA ,ttorneA =a< gi6en one ?A @A <u''o<e* a''ointe* coun<el :e= Taitel C=ho@ i< Ja<<ociate* =ithJ
C htt':++===.ne6c<.co@+attorneA.ht@l ; an entitA that / ha''en to ?e <uing Ne6a*a Court Ser6ice<, inci*ent to the <a@e
e6iction 'rocee*ing )or =hich >r. Taitel *i* grant, an* the R>C *i* grant, a continuance in the other R>C ca<e again<t
@e, the tre<'a<< action that =a< <et )or trial on (ece@?er 1"th, ?ecau<e Richar* 9. 3ill, =ho / a@ al<o <uing in
connection =ith the =rong)ul e6iction again<t, =a< going to ?e on 6acation an* the R>C a''arentlA )oun* that a goo*
rea<on )or a continuance, co@'are* to the R>C )eeling @A ?eing e6iction on or aroun* No6e@?er 1"th, then =rong)ullA
arre<te* in connection =ith the e6iction, un*er a tre<'a<< charge, an* incarcerate* )or a nu@?er o) *aA<, all =hile Richar*
3ill a''lie* an unla=)ul rent *i<traint u'on @anA e$cul'atorA @aterial< that =oul* <'eaE to a <tate* an* e$'re<<
retaliatorA @oti6e on the 'art o) 2al@art an* the RS/C, an* other e$cul'atorA @aterial< ?eing =rong)ullA =ithhel* un*er
an unla=)ul rent *i<traint ?A Richar* 9. 3ill, 0<I., the <a@e 'er<on >r. Taitel, the Reno CitA ,ttorneA, an* the R>C
*eci*e* *e<er6e* <uch <anctitA a''lie* to hi< @onthlong 6acation )ro@ ThanE<gi6ing to Ne= 4earL< to grant a
continuance, =ith no in'ut )ro@ @e.
#,/:.R0 T1 ,##1R( S/BT3 ,>0N(>0NT R/93T T1 C1.NS0: 1R 9R,NT (0>,N( #1R -.R4 TR/,:5
another (0>,N( #1R -.R4 TR/,: 30R074 >,(0 /N 0V0NT 1# N02 TR/,:, S/>/:,R:4 R0M.0ST #1R
/N #1R>, &,.&0R/S ST,T.S 30R074 >,(0 ,N( S.&&1RT0( 74 ,TT,C30( /#& &0T/T/1N
C1NC:.S/1N
(e)en*ant+,''elant Coughlin here?A re<'ect)ullA reIue<t< all 1r*er<, Con6iction<,
-u*g@ent<, Conte@'t #in*ing<, =hate6er, <te@@ing )ro@ the No6e@?er "0
th
, 2011 Trial ?e Vacate*
or Set ,<i*e or Recon<i*ere*..
,##/R>,T/1N &ur<uant to NRS 2"97.0"0
The un*er<igne* *oe< here?A a))ir@ that the 'rece*ing *ocu@ent *oe< not contain
the <ocial <ecuritA nu@?er o) anA 'er<on.
(,T0( thi< 12
th
(aA o) (ece@?er, 2011
N+<+ Zach Coughlin
Zach Coughlin
(e)en*ant
5 Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0, >otion )or
Recon<i*eration5 >otion )or Recu<al
01200
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&R11# 1# S0RV/C0
/, Zach Coughlin, *eclare:
1n (ece@?er 12, 2011, /, >r. Zach Coughlin <er6e* the )oregoing Notice o) ,''eal,
>otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0, >otion )or Recon<i*eration5 >otion )or
Recu<al ?A e@ailing an* )a$ing an* or 'lacing in the @ail a true co'A thereo) to:
&a@ela 9 Ro?ert< Co@'anA: Reno CitA ,ttorneAL< 1))ice Cri@inal (i6i<on ,**re<<: &.1. 7o$
1900 Reno , NV 89505 &hone Nu@?er: 775""%2050 #a$ nu@?er: 775""%2%20 0@ail:
ro?ert<'Oreno.go6
(,T0( T3/S12th *aA o) (ece@?er, 2011 74:

Zach Coughlin
(e)en*ant
! Notice o) ,''eal, >otion to Vacate an* or Set ,<i*e, -CRC& 59, -CRC& !0, >otion )or
Recon<i*eration5 >otion )or Recu<al
01201
01202

. ... .. .. -'---'----'
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8 .MotiOQ to yegere wad or Set Asjdp. JCR,CP S9. JCRCP 60. Motjeo for
01203
01203
WindowsLiveHotmailPrintMessage http://by148w.bay148.maillive.corn/mail/PrintMessages.aspx?cpids57...
RE: your failure to propound discovery
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Thu 12/08/11 5:14 PM
To: hazlett-stevensc@reno.gov
Chris,
Iamengagingyouinrelationto11CR22176anyourfailuretoprovideme
accesstoorcopiesofthediscoveryfromthearrestofSeptember9,2011,not
thetrespasscase.Wewilldealwiththetrespasscaselater.Fornow,please
justaddressyourfailureofprovidecopiesofthediscoverywhenIrequested.
Canyoucheckyourphonerecords?Wouldyoulikemetocheckmine?
Howaboutyourfaxrecords.Mine?Ithinkyouwillfindthatwedefinately
didspeak.Anyways,canyouindicateyourofficesstandardoperating
procedurewhenadefendantoraccusedcallsandwritesyourofficeup
requestingdiscoverywithinadayafterthearrest?Mustyouprovide
somethingwithin48hoursofthearrest?Whataboutifthearraignmentisset
outonemonthfromthearrest?Mustanarraignmentoccurpriortothat?It
seemsrathersuspecttoassertthatyourofficedoesnothaveanyrecordsor
discoveryincidenttotheanarrestofSeptember9,2011,whentheaccused
callsandwritesrequestingdocumentationincidenttothearreston
approximatelySeptember13th,2011andagainsoonthereafter,andagain
somewhatlater,whendiscoverysubsequentlyprovidedbyPamRoberts
showsafax(onlyapartialportionofwhich,apparently,wasincludedinthe
discovery)fromSargentAvansinotoyourofficedatedSeptember12,
2011...Further,youdidnotindicatethatyourofficehadsomethingbut
wouldn'tprovideit,youindicatedthatyourofficesimplydidnothave
anything.Youmaderemarksabouthowyouweren'tgoingtotellthisand
thatpersonhowtodotheirjob,etc...Remember?Itseemspatentlyunfairfor
theprosecutortobeprovidedaccesstothisdocumentationoveronemonth
priortothedefendantbeingaffordedaccesstoit,andsufficienttimetodo
whoknowswhatwithit(severalpagesofSargentAvansino'sfaxappear
missingandtheProbableCausesheetdoesnotappeartobereviewedand
signedoffonforaprobablecausefindingbyanyMagistrate,theformis
simplyblank),particularlywereacontinuancewasatfirstagreedtoby
Robertsinwriting(onlytohaveherweaseloutofthatattrialwhilemaking
jokesaboutthedefendant'sneedtousetherestroominopencourt).Please
indicate,further,inwriting,ifyourofficereceivedanyfaxedoremailed
recordsrequestfromme,ZachCoughlin,atanytime,includingtheperiodof
1oI7 12/12/20114:21PM
01204
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timepriortotheOct10th,2011arraignment.
Sincerely,
ZachCoughlin,Esq.
817N.VirginiaSt.#2
Reno,NV89501
tel:7753388118
fax:9496677402
LicensedinNevadaandUSPTO
``Notice``ThismessageandaccompanyingdocumentsarecoveredbytheelectronicCommunicationsPrivacyAct,18
U.S.C.2510-2521,andmaycontainconIidentialinIormationintendedIorthespeciIiedindividual(s)only.IIyouarenot
theintendedrecipientoranagentresponsibleIordeliveringittotheintendedrecipient,youareherebynotiIiedthatyou
havereceivedthisdocumentinerrorandthatanyreview,dissemination,copying,orthetakingoIanyactionbasedonthe
contentsoIthisinIormationisstrictlyprohibited.This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
Date: Thu, 8 Dec 2011 16:05:11 -0800
From: Hazlett-StevensC@reno.gov
To: zachcoughlin@hotmail.com
Subject: RE: your failure to propound discovery
Mr. Coughlin. I have never spoken to you and have never denied discovery to a defendant in any matter. Again
you seek to engage me in a convesation about the pending trespassing. I cannot speak with you. You are
represented by counsel.
Thank you,
Chris
Christopher Hazlett-Stevens
Deputy City Attorney
City of Reno
Tel: 326-6628
Fax: 334-4226
2oI7 12/12/20114:21PM
01205
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ATTORNEY-CLIENT PRIVILEGED
This e-mail message transmission and any documents, files or previous e-mail messages attached to it, are
confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the
intended recipient or a person responsible for delivering it to the intended recipient you are hereby notified that
any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or
attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error,
please immediately notify us by forwarding this e-mail to the sender or by telephone at (775) 334-2050 and
then delete the message and its attachments.
--- Original Message ---
From: Zach Coughlin <zachcoughlin@hotmail.com>
To: <hazlett-stevensc@reno.gov>, <robertsp@reno.gov>
Date: Thu, 8 Dec 2011 15:44:36 -0800
Subject: RE: your failure to propound discovery
Mr.Hazlett-Stevens,
WediddefinatelytalkonthephoneregardingthemattertowhichIdonot
haverepresentation,theRSICarrestcase11DR2217621forwhichDeputy
CityAttorneyPamRobertsistheprosecutor.IwasdeniedmySixth
Amendmentrighttocourtappointeddefensecounselinthatmatter,and
representedmyself.Assuch,thereisnoruleprecludedyoufrom
communicatingwithmeabout11DR2217621.Youdidspeakwithme
aboutthat.IcalledyouwithinacoupledaysoftheSeptember9th,2011
arrestinthatmatterdescribingmyexigentdesiretoobtainacopyofthe
discovery.Iwastransferredtoyouandwespokeatlengthaboutit,you
describingwhyyoucouldnotgiveittome.Isityourcontentionthatyour
officeortheStatedoesnothaveadutytoprovidethedefendantacopyof
certainpiecesofdiscoverywithin48hoursofarrest?
RegardingthematterforwhichMr.PuentestookthebatonfromMr.Taitel,
isitcleartoyouhowMr.Taitelwassomehow,apparently,abletoassentto
acontinuance,onlyto,apparently,findsomeneedtopassthebatontoMr.
Puentesvery,veryshortlythereafter?WhydidMr.Taitel'sstatusas
attorneyofrecordchange?Wasitduetoaconflict?Whydidn'tthat
conflictpreventMr.Taitelfromabstainingfromassentingtothe
continuanceinthetrespasscase,whichwasscheduledfortrialDecember
13,2011?
Sincerely,
3oI7 12/12/20114:21PM
01206
ZachCoughlin,Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 3388118
fax: 949 667 7402
Licensed in Nevada and USPTO
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormationintended Ior the speciIied individual (s) only. II you are
not the intended recipient or an agent responsible Ior delivering itto the intended recipient, you are hereby notiIied that
you have received this documentin error and that any review, dissemination, copying, or the taking oI any action based
on the contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is
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Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

Date: Wed, 7 Dec 2011 07:34:25 -0800
From: Hazlett-StevensC@reno.gov
To: zachcoughlin@hotmail.com
Subject: Re: your failure to propound discovery
Mr. Coughlin. You are represented by counsel and I cannot correspond with you. I have never correponded
with you, and your statement that you spoke with me is false. I have never spoken with you. You may have
your attorney, Roberto Puentes, contact me with any discovery issues or issues regarding the City's Motion to
Continue. Please do not correspond with me regarding this case in the future. As an attorney, you are fully
aware that I cannot communicate with a you as a represented party. Do not contact me without your
counsel.
Thank you,
Chris
Christopher Hazlett-Stevens
Deputy City Attorney
City of Reno
Tel: 326-6628
Fax: 334-4226
ATTORNEY-CLIENT PRIVILEGED
This e-mail message transmission and any documents, files or previous e-mail messages attached to it, are
confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not
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4 oI7 12/12/20114:21 PM
the intended recipient or a person responsible for delivering it to the intended recipient you are hereby
notified that any review, disclosure, copying, dissemination, distribution or use of any of the information
contained in, or attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this
transmission in error, please immediately notify us by forwarding this e-mail to the sender or by telephone at
(775) 334-2050 and then delete the message and its attachments.
-----Original Message-----
From: Zach Coughlin <zachcoughlin@hotmail.com>
To: <hazlett-stevensc@reno.gov>
Date: Wed, 7 Dec 2011 01:48:03 -0800
Subject: your failure to propound discovery
DearMr.Hazlett-Stevens,
IamwritingtorequestacopyoIanyandalldiscovery,pleadings,documentation,
correspondences,ormediainanywayconnectedtothetrespasscaseagainstmeIor
whichLewTaitelwasapparentlymycourtappointedattorney,butwhomnolongeris.
Further,Iwishtobecopiedoneverythingpastandpresentinanywayrelatedtothis
matteruntilandaIterIprocureanotherattorney.Ididnotagreetothecontinuanceyou
sought,norwasIinIormedyouwereseekingit.IIinditparticularlytroublingthata
continuancewasgrantedinthetrespasscasetothesamemanwhoisapplyingan
unlawIulrentdistraintonbothmyclientIiles,personalproperty,ANDTHE
EXCLUPATINGEVIDENCEINEEDTODEFENDMYSELFINTHEPETIT
LARCENYCASEFORWHICHIDETAIL THECOMPLAINTSIHAVEAGAINST
YOUANDYOUROFFICE'SHANDLINGBELOW.NOCONTINUANCEWAS
GRANTEDORAGREEDTOAT TRIAL BYTHERMCORMS.ROBERTS,
PERHAPSSHEWASTOOBUSYALLEGEDLYSUBORNINGTHEPERJURYOF
RSICOFFICERKAMERONCRAWFORD.
InthediscoveryyouroIIiceprovidedinthepetitlarcenymatterMs.Robertsprosecuted
againstmethereisaIaxIromtheRSICtoyouthathasaIaxheadingIorwhatappearsto
be"page1"Iollowedbypageswithoutthatheading...thenaheadingwith"page4"etc...
IwanttheentirecontentsoIanythingprovidedbytheRSICandWalmarttoyouor
anyoneconnectedwiththeRenoCityAttorneyortheRenoMunicipalCourt.Further,I
wantallmediaprovidedbyWalmart,andIquestionwhyyouneeded45minuteswith
thethreewitnesswhotestiIiedattheNovember30th,2011trial,Irom1pmto1:45pm.
Additionally,youareherebyservedaNRCP 11motionrequiringyoutocorrectthe
perjuryyousubornedincourtwithrespecttothepatentlycontradictorytestimonyoI
OIIicerCrawIordvisavisthevideoevidenceyouyourselIprovidedindiscovery.
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids57...
5 oI7 12/12/20114:21 PM
Further,Ispokewithyou,Mr.Hazlett-Stevens,shortlyaItertheSeptember9,2011
arrestinthismatterdemandingacopyoIalldocumentationordiscoverythatIhadany
rightto.IwastoldIwouldnothaveanyopportunitytoreviewsuchmaterialspriorto
thearraignment,whichwasnotsetIoraIull30daysoutIromthearrest.DoInothave
arighttoacopyoIthepcsheet,arrestreport,andwitnessstatementswithin48hoursoI
thearrest?TheIaxtoyouroIIiceIromtheRSICisdated9/12/2011,yetmywritten
demandsandrequestsIorsuchdiscoveryanddocumentationweremetwithreIusalsto
providesuchmaterials,and,insomecase,claimsthatyouroIIicedidnotevenhavesuch
materialsandwouldnotgetthemuntilaIterthearraignment.Further,Ispokewithand
providedwrittenrequeststoRSICSargentAvansinowithin2daysaIterthearrestandhe
reIusedtoprovidethematerials,asdidtheRenoMunicipalCourt.Pleasealertthecourt
toanywrongdoingonyour'sortheRenoCityAttorneyortheRSICpartinthisregardin
prejudicingmyabilitytodeIendmycasebydelayingtheproductionoIessential
discovery,thenreIusingtoagreetoacontinuanceattrial,aIterearlierprovidinga
writtenagreementtosuchacontinuance.
Sincerely,
ZachCoughlin,Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 3388118
fax: 949 667 7402
Licensed in Nevada and USPTO
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act,
18 U.S.C. 2510-2521, and maycontain conIidential inIormation intended Ior the speciIied individual (s) only. II you
are not the intended recipient or an ag ent responsible Ior delivering it to the intended recipient, y ou are hereby notiIied
that you have received this document in error and that any review, dissemination, copying, or the taking oI any action
based on the contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the
named recipient(s) and may contain information that is privileged, attorney work product or exempt from
disclosure under applicable law. If you are not the intended recipient(s), you are notified that any disclosure,
copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information
is prohibited and may be unlawful. If you receive this message in error, or are not the named recipient(s),
please notify the sender, delete this e-mail from your computer, and destroy any copies in any form
immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work
product, or other applicable privilege.

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6 oI7 12/12/20114:21 PM
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7 oI7 12/12/20114:21 PM
Nevada Court Services
475 So. Arlington Suite 1A
Reno, Nevada 89501
(775) 348-7560
(Toll Free) 800-570-5583
Fax: (775) 348-7977
Email: nevcs@nevcs.com
The following Attorney is associated with and highly recommended by Nevada Court Services
"Serving the People of Nevada"
Lewis S. Taitel
Attorney at Law
475 S. Arlington Suite 1A
Reno, Nevada 89501
(775) 322-2272
Fax: (775) 348-7977
Nevada State Bar No. 4397
Disclaimer: "The State Bar of Nevada does not certify any lawyer as a specialist or expert.."
Criminal Law - DUI Defense - Personal Injury
Property Law - Collections - Divorce - Civil Law
Adoption - Family Law
Nevada Attorney Directory
Page 1 oI2 Nevada Court Services - Attorney
12/12/2011 http://www.nevcs.com/attorney.html
Copyright1997-2011- NevadaCourtServices- AllRightsReserved
Page 2 oI2 Nevada Court Services - Attorney
12/12/2011 http://www.nevcs.com/attorney.html
01207
motion for continuance
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Fri 11/11/11 1:40 AM
To: robertsp@reno.gov
Zach Coughlin
121 River Rock St.
Reno, NV 89501
775 338 8118
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormation intended Ior the speciIied individual (s) only. II you are not
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsdd...
RE: motion for continuance
the intended recipient or an agent responsible Ior delivering it to the intended recipient, you are hereby notiIied that you
have received this document in error and that any review, dissemination, copying, or the taking oI any action based on the
contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 11/16/11 3:35 PM
To: robertsp@reno.gov

ThankYou,

Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsdd...
Date: Mon, 14 Nov 2011 10:36:45 -0800
From: robertsp@reno.gov
To: zachcoughlin@hotmail.com
Subject: Re: motion for continuance
Mr. Coughlin, we were closed on Friday and I have just read your email. If you have not received confirmation
from the Court that your trial date has been continued, you will need to appear this afternoon at 1:00 pm in
Courtroom B of the Reno Municipal Court. We can discuss your case further at that time and if we are unable to
resolve the case, you can ask the Court again for a continuance and I won't object. However, it is the Court's
decision to grant your motion to continue.
It is also the Court's decision whether to appoint you a legal defender. I do not plan to ask for jail time, so the
Court is not required to appoint you an attorney. In addition, you have no right to a jury trial in a misdemeanor
case.
I hope your housing situation improves. See you this afternoon. Pam Roberts, Deputy City Attorney.
-----Original Message-----
From: Zach Coughlin <zachcoughlin@hotmail.com>
To: <robertsp@reno.gov>
Date: Fri, 11 Nov 2011 01:40:53 -0800
Subject: motion for continuance
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsdd...
RE: motion for continuance
Zach Coughlin
121 River Rock St.
Reno, NV 89501
775 338 8118
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormationintended Ior the speciIied individual (s) only. II you are
not the intended recipient or an agent responsible Ior delivering itto the intended recipient, you are hereby notiIied that
you have received this documentin error and that any review, dissemination, copying, or the taking oI any action based
on the contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is
prohibited and may be unlawful. If you receive this message in error, or are not the named recipient(s), please
notify the sender, delete this e-mail from your computer, and destroy any copies in any form immediately.
Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 11/16/11 5:30 PM
To: robertsp@reno.gov
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsdd...

ZachCoughlin,Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormation intended Ior the speciIied individual (s) only. II you are not
the intended recipient or an agent responsible Ior delivering it to the intended recipient, you are hereby notiIied that you
have received this document in error and that any review, dissemination, copying, or the taking oI any action based on the
contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.

Date: Wed, 16 Nov 2011 17:12:21 -0800
From: robertsp@reno.gov
To: zachcoughlin@hotmail.com
Subject: RE: motion for continuance
Mr. Coughlin, you should have already received a notice regarding the availability of discovery and request for
reciprocal discovery. You just need to call ahead at 334-2050 and arrange to pick it up. You are entitled to
copies of all the reports and witness statements and video we may have on this case. Since I am not calling any
additional witnesses that are not already mentioned in the reports/statements, I am not obligated to send you
an additional list of witnesses. I am also not obligated to do any further investigation or interviews. Pam
Roberts.
-----Original Message-----
From: Zach Coughlin <zachcoughlin@hotmail.com>
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsdd...
To: <robertsp@reno.gov>
Date: Wed, 16 Nov 2011 15:35:48 -0800
Subject: RE: motion for continuance

ThankYou,

Date: Mon, 14 Nov 2011 10:36:45 -0800
From: robertsp@reno.gov
To: zachcoughlin@hotmail.com
Subject: Re: motion for continuance
Mr. Coughlin, we were closed on Friday and I have just read your email. If you have not received
confirmation from the Court that your trial date has been continued, you will need to appear this afternoon at
1:00 pm in Courtroom B of the Reno Municipal Court. We can discuss your case further at that time and if we
are unable to resolve the case, you can ask the Court again for a continuance and I won't object. However, it
is the Court's decision to grant your motion to continue.
It is also the Court's decision whether to appoint you a legal defender. I do not plan to ask for jail time, so
the Court is not required to appoint you an attorney. In addition, you have no right to a jury trial in
a misdemeanor case.
I hope your housing situation improves. See you this afternoon. Pam Roberts, Deputy City Attorney.
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsdd...
01208
-----Original Message-----
From: Zach Coughlin <zachcoughlin@hotmail.com>
To: <robertsp@reno.gov>
Date: Fri, 11 Nov 2011 01:40:53 -0800
Subject: motion for continuance
Zach Coughlin
121 River Rock St.
Reno, NV 89501
775 338 8118
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act,
18 U.S.C. 2510-2521, and maycontain conIidential inIormation intended Ior the speciIied individual (s) only. II you
are not the intended recipient or an agent responsible Ior delivering it to the intended recipient, you are hereby notiIied
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsdd...
RE: motion for continuance
RE: motion for continuance
that you have received this document in error and that any review, dissemination, copying, or the taking oI any action
based on the contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the
named recipient(s) and may contain information that is privileged, attorney work product or exempt from
disclosure under applicable law. If you are not the intended recipient(s), you are notified that any disclosure,
copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information
is prohibited and may be unlawful. If you receive this message in error, or are not the named recipient(s),
please notify the sender, delete this e-mail from your computer, and destroy any copies in any form
immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work
product, or other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Thu 11/17/11 3:37 PM
To: robertsp@reno.gov
Dear Ms. Roberts,

I do not mean to suggest you do not know what your duty it. Believe me, I am well aware that you could mop
up the court room with a neophyte attorney such as myself. I was merely hoping to get some direction from you
regarding trial practice approaches in general.

Sincerely,

Zach
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Mon 11/21/11 1:05 PM
To: robertsp@reno.gov
Sincerely,
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsdd...
ZachCoughlin,Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormation intended Ior the speciIied individual (s) only. II you are not
the intended recipient or an agent responsible Ior delivering it to the intended recipient, you are hereby notiIied that you
have received this document in error and that any review, dissemination, copying, or the taking oI any action based on the
contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.

Date: Thu, 17 Nov 2011 07:40:44 -0800
From: robertsp@reno.gov
To: zachcoughlin@hotmail.com
CC: colterp@reno.gov
Subject: RE: motion for continuance
Mr. Coughlin, the three witnesses who were there at the first trial date include: Thomas Frontino (Walmart
employee) and Officers Crawford and Braunworth from the Reno Sparks Indian Colony Police. I obtained the
video at the first trial date from the Walmart employee and it is available for you to view or get a copy. You
may want to view it at the City Attorney's Office as the CD doesn't seem to work on everyone's computer. Penie
Colter will be able to assist you. I am not clear on what you think my duty is, but I know what my duty is and I
will not debate it via email. Pam Roberts, Deputy City Attorney.
-----Original Message-----
From: Zach Coughlin <zachcoughlin@hotmail.com>
To: <robertsp@reno.gov>
Date: Wed, 16 Nov 2011 17:30:36 -0800
Subject: RE: motion for continuance
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsdd...

ZachCoughlin,Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormationintended Ior the speciIied individual (s) only. II you are
not the intended recipient or an agent responsible Ior delivering itto the intended recipient, you are hereby notiIied that
you have received this documentin error and that any review, dissemination, copying, or the taking oI any action based
on the contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is
prohibited and may be unlawful. If you receive this message in error, or are not the named recipient(s), please
notify the sender, delete this e-mail from your computer, and destroy any copies in any form immediately.
Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

Date: Wed, 16 Nov 2011 17:12:21 -0800
From: robertsp@reno.gov
To: zachcoughlin@hotmail.com
Subject: RE: motion for continuance
Mr. Coughlin, you should have already received a notice regarding the availability of discovery and request for
reciprocal discovery. You just need to call ahead at 334-2050 and arrange to pick it up. You are entitled to
copies of all the reports and witness statements and video we may have on this case. Since I am not calling
any additional witnesses that are not already mentioned in the reports/statements, I am not obligated to send
you an additional list of witnesses. I am also not obligated to do any further investigation or interviews. Pam
Roberts.
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsdd...
-----Original Message-----
From: Zach Coughlin <zachcoughlin@hotmail.com>
To: <robertsp@reno.gov>
Date: Wed, 16 Nov 2011 15:35:48 -0800
Subject: RE: motion for continuance

ThankYou,

Date: Mon, 14 Nov 2011 10:36:45 -0800
From: robertsp@reno.gov
To: zachcoughlin@hotmail.com
Subject: Re: motion for continuance
Mr. Coughlin, we were closed on Friday and I have just read your email. If you have not received
confirmation from the Court that your trial date has been continued, you will need to appear this afternoon
at 1:00 pm in Courtroom B of the Reno Municipal Court. We can discuss your case further at that time and
if we are unable to resolve the case, you can ask the Court again for a continuance and I won't object.
However, it is the Court's decision to grant your motion to continue.
It is also the Court's decision whether to appoint you a legal defender. I do not plan to ask for jail time, so
the Court is not required to appoint you an attorney. In addition, you have no right to a jury trial in
a misdemeanor case.
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsdd...
I hope your housing situation improves. See you this afternoon. Pam Roberts, Deputy City Attorney.
-----Original Message-----
From: Zach Coughlin <zachcoughlin@hotmail.com>
To: <robertsp@reno.gov>
Date: Fri, 11 Nov 2011 01:40:53 -0800
Subject: motion for continuance
Zach Coughlin
121 River Rock St.
Reno, NV 89501
775 338 8118
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsdd...
01209
temporary address change and instruction to pursue a continuance
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act,
18 U.S.C. 2510-2521, and maycontain conIidential inIormation intended Ior the speciIied individual (s) only. II
you are not the intended recipient or an agent responsible Ior delivering it to the intended recipient, you are hereby
notiIied that you have received this document in error and that any review, dissemination, copying, or the taking oI
any action based on the contents oI this inIormation is strictly prohibited. This message is confidential, intended
only for the named recipient(s) and may contain information that is privileged, attorney work product or
exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that
any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents
of this information is prohibited and may be unlawful. If you receive this message in error, or are not the
named recipient(s), please notify the sender, delete this e-mail from your computer, and destroy any copies
in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any
attorney-client, work product, or other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Mon 11/21/11 4:06 PM
To: howardk@reno.gov; robertsp@reno.gov



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RE: motion for continuance
Zach Coughlin
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormation intended Ior the speciIied individual (s) only. II you are not
the intended recipient or an agent responsible Ior delivering it to the intended recipient, you are hereby notiIied that you
have received this document in error and that any review, dissemination, copying, or the taking oI any action based on the
contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Mon 11/21/11 7:18 PM
To: robertsp@reno.gov
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsdd...
Ms. Roberts, the opposing attorney's unlawful rent distraint is preventing me from providing all the discovery I
would like to provide you with or ascertain the need to do, and further is preventing me from having access to
the materials and information I need to litigate this case.
ZachCoughlin,Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormation intended Ior the speciIied individual (s) only. II you are not
the intended recipient or an agent responsible Ior delivering it to the intended recipient, you are hereby notiIied that you
have received this document in error and that any review, dissemination, copying, or the taking oI any action based on the
contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.

Date: Mon, 14 Nov 2011 10:36:45 -0800
From: robertsp@reno.gov
To: zachcoughlin@hotmail.com
Subject: Re: motion for continuance
Mr. Coughlin, we were closed on Friday and I have just read your email. If you have not received confirmation
from the Court that your trial date has been continued, you will need to appear this afternoon at 1:00 pm in
Courtroom B of the Reno Municipal Court. We can discuss your case further at that time and if we are unable to
resolve the case, you can ask the Court again for a continuance and I won't object. However, it is the Court's
decision to grant your motion to continue.
It is also the Court's decision whether to appoint you a legal defender. I do not plan to ask for jail time, so the
Court is not required to appoint you an attorney. In addition, you have no right to a jury trial in a misdemeanor
case.
I hope your housing situation improves. See you this afternoon. Pam Roberts, Deputy City Attorney.
-----Original Message-----
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsdd...
From: Zach Coughlin <zachcoughlin@hotmail.com>
To: <robertsp@reno.gov>
Date: Fri, 11 Nov 2011 01:40:53 -0800
Subject: motion for continuance
Zach Coughlin
121 River Rock St.
Reno, NV 89501
775 338 8118
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormationintended Ior the speciIied individual (s) only. II you are
not the intended recipient or an agent responsible Ior delivering itto the intended recipient, you are hereby notiIied that
you have received this documentin error and that any review, dissemination, copying, or the taking oI any action based
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsdd...
verint user agreement
on the contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is
prohibited and may be unlawful. If you receive this message in error, or are not the named recipient(s), please
notify the sender, delete this e-mail from your computer, and destroy any copies in any form immediately.
Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Mon 11/21/11 8:40 PM
To: robertsp@reno.gov
ZachCoughlin,Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormation intended Ior the speciIied individual (s) only. II you are not
the intended recipient or an agent responsible Ior delivering it to the intended recipient, you are hereby notiIied that you
have received this document in error and that any review, dissemination, copying, or the taking oI any action based on the
contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsdd...
01210
Re: temporary address change and instruction to pursue a continuance
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
From: Ken Howard (HowardK@reno.gov)
Sent: Tue 11/22/11 7:01 AM
To: Zach Coughlin (zachcoughlin@hotmail.com); robertsp@reno.gov
Mr.ZachCoughlin
There is anappropriate mannerinwhichtotender"motions" tothe court.Theyare tobe properly
preparedandIiled.Donotusethise-mailaddresstocommunicatedirectlywiththejudge.
KenHoward
RenoMunicipalCourtJudge
Department4
(775)326-6673
-----Original Message-----
From: Zach Coughlin <zachcoughlin@hotmail.com>
To: <howardk@reno.gov>, <robertsp@reno.gov>
Date: Mon, 21 Nov 2011 16:06:32 -0800
Subject: temporary address change and instruction to pursue a continuance



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Zach Coughlin
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormationintended Ior the speciIied individual (s) only. II you are
not the intended recipient or an agent responsible Ior delivering itto the intended recipient, you are hereby notiIied that
you have received this documentin error and that any review, dissemination, copying, or the taking oI any action based
on the contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named recipient(s)
and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are
not the intended recipient(s), you are notified that any disclosure, copying, distribution or any action taken or omitted to be taken in
reliance on the contents of this information is prohibited and may be unlawful. If you receive this message in error, or are not the
named recipient(s), please notify the sender, delete this e-mail from your computer, and destroy any copies in any form immediately.
Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.

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RE: motion for continuance
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Tue 11/29/11 1:33 PM
To: robertsp@reno.gov
Dear Ms. Roberts,

The opposing attorney in the Summary Eviction Proceeding against me in my home law office/business is
asserting a lien against my office, law practice files, and materials necessary to discovery production and
defending the case that you are the prosecutor on. I believe a continuance is absolutely necessary in the
interests of justice. Additionaly, you have been informed that Walmart previous to the arrest in this matter
became upset at the accused and made threats of malicious prosecution and abuse of process incident to the
accused questioning various Wal-mart personnel and managers about Wal-Marts curious practice of remixing
and forgetting the Return Policy stated in writing at Walmart.com (and expressly made applicable to purchases
made in Wal-Mart stores). A manager named "Ellis", though who may have identified himself as "John" and a
Loss prevention associate at the West 7th Street Wal-Mart in Reno allegedly told the accused that they would
have him banned from all Wal-Marts in retaliation for the accused seeking to do something to which he was
legally entitled to do, return and item at a Wal-Mart stores in accordance with Wal-Mart's stated and written
Return Policy. There are other retaliatory aspects to the conducts and statements made by both Wal-Mart and
RSIC personnel in this case.

Additionally, the video "evidence" that you provided is shameful. It consists of two short clips in some Wal-Mart
back room where 5-6 people, including 2 RSIC officers acting under color of state law on land their employer
owns and leases to Wal-Mart attempt to coerce not only a confession, but a consent to search. There is no audio
of the video, at least not the video you provided, that is. Where is the video of the alleged acts? How you can
maintain a case such as this stemming from the accused acts in a store like Wal-Mart, that has hundreds of
cameras and only provide video from some backroom that proves nothing and, in the words of "Jeannie" the
contact person at your office "doesn't show anything", I am not sure, and whether that is violative of your duties
as a prosecutor, Nifong, NRCP 11 (see Schumacher's application of that civil rule to the DA) is not clear. You
have been informed that the RSIC officer committed police misconduct and yet you brazenly announce in writing
that you do not intend to follow up on that, nor do you feel compelled to.
ZachCoughlin,Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 3388118
fax: 949 667 7402
Licensed in Nevada and USPTO
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormation intended Ior the speciIied individual (s) only. II you are not
the intended recipient or an agent responsible Ior delivering it to the intended recipient, you are hereby notiIied that you
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsdd...
have received this document in error and that any review, dissemination, copying, or the taking oI any action based on the
contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.

Date: Tue, 22 Nov 2011 07:59:37 -0800
From: robertsp@reno.gov
To: zachcoughlin@hotmail.com
Subject: RE: motion for continuance
Dear Mr. Coughlin, you will need to file a motion to continue in compliance with Reno Municipal Court
procedures. As I have stated in a previous email, I do not object to your motion to continue, however, it is up
to the Judge whether or not he will grant your motion. Regarding the video which I obtained at your previous
court date, I have told you that you can come to our office and view the video. If you still want a copy, I
believe our staff will be able to make one for you. NRS 174.235 does not require me to do more than what I
have already done. We have provided you with the reports we have, listed the witnesses we will call and made
the video available to you. Pam Roberts, Deputy City Attorney.
-----Original Message-----
From: Zach Coughlin <zachcoughlin@hotmail.com>
To: <robertsp@reno.gov>
Date: Mon, 21 Nov 2011 13:05:28 -0800
Subject: RE: motion for continuance
Sincerely,
ZachCoughlin,Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsdd...
U.S.C. 2510-2521, and may contain conIidential inIormationintended Ior the speciIied individual (s) only. II you are
not the intended recipient or an agent responsible Ior delivering itto the intended recipient, you are hereby notiIied that
you have received this documentin error and that any review, dissemination, copying, or the taking oI any action based
on the contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is
prohibited and may be unlawful. If you receive this message in error, or are not the named recipient(s), please
notify the sender, delete this e-mail from your computer, and destroy any copies in any form immediately.
Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

Date: Thu, 17 Nov 2011 07:40:44 -0800
From: robertsp@reno.gov
To: zachcoughlin@hotmail.com
CC: colterp@reno.gov
Subject: RE: motion for continuance
Mr. Coughlin, the three witnesses who were there at the first trial date include: Thomas Frontino (Walmart
employee) and Officers Crawford and Braunworth from the Reno Sparks Indian Colony Police. I obtained the
video at the first trial date from the Walmart employee and it is available for you to view or get a copy. You
may want to view it at the City Attorney's Office as the CD doesn't seem to work on everyone's computer.
Penie Colter will be able to assist you. I am not clear on what you think my duty is, but I know what my duty
is and I will not debate it via email. Pam Roberts, Deputy City Attorney.
-----Original Message-----
From: Zach Coughlin <zachcoughlin@hotmail.com>
To: <robertsp@reno.gov>
Date: Wed, 16 Nov 2011 17:30:36 -0800
Subject: RE: motion for continuance
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01211

ZachCoughlin,Esq.
121 River Rock St.
Reno, NV 89501
775 338 8118
Licensed in Nevada
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act,
18 U.S.C. 2510-2521, and maycontain conIidential inIormation intended Ior the speciIied individual (s) only. II you
are not the intended recipient or an agent responsible Ior delivering it to the intended recipient, you are hereby notiIied
that you have received this document in error and that any review, dissemination, copying, or the taking oI any action
based on the contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the
named recipient(s) and may contain information that is privileged, attorney work product or exempt from
disclosure under applicable law. If you are not the intended recipient(s), you are notified that any disclosure,
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is prohibited and may be unlawful. If you receive this message in error, or are not the named recipient(s),
please notify the sender, delete this e-mail from your computer, and destroy any copies in any form
immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work
product, or other applicable privilege.

Date: Wed, 16 Nov 2011 17:12:21 -0800
From: robertsp@reno.gov
To: zachcoughlin@hotmail.com
Subject: RE: motion for continuance
Mr. Coughlin, you should have already received a notice regarding the availability of discovery and request
for reciprocal discovery. You just need to call ahead at 334-2050 and arrange to pick it up. You are entitled
to copies of all the reports and witness statements and video we may have on this case. Since I am not
calling any additional witnesses that are not already mentioned in the reports/statements, I am not
obligated to send you an additional list of witnesses. I am also not obligated to do any further investigation
or interviews. Pam Roberts.
-----Original Message-----
From: Zach Coughlin <zachcoughlin@hotmail.com>
To: <robertsp@reno.gov>
Date: Wed, 16 Nov 2011 15:35:48 -0800
Subject: RE: motion for continuance
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ThankYou,

Date: Mon, 14 Nov 2011 10:36:45 -0800
From: robertsp@reno.gov
To: zachcoughlin@hotmail.com
Subject: Re: motion for continuance
Mr. Coughlin, we were closed on Friday and I have just read your email. If you have not received
confirmation from the Court that your trial date has been continued, you will need to appear this
afternoon at 1:00 pm in Courtroom B of the Reno Municipal Court. We can discuss your case further at
that time and if we are unable to resolve the case, you can ask the Court again for a continuance and I
won't object. However, it is the Court's decision to grant your motion to continue.
It is also the Court's decision whether to appoint you a legal defender. I do not plan to ask for jail time,
so the Court is not required to appoint you an attorney. In addition, you have no right to a jury trial in
a misdemeanor case.
I hope your housing situation improves. See you this afternoon. Pam Roberts, Deputy City Attorney.
-----Original Message-----
From: Zach Coughlin <zachcoughlin@hotmail.com>
To: <robertsp@reno.gov>
Date: Fri, 11 Nov 2011 01:40:53 -0800
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Subject: motion for continuance
Zach Coughlin
121 River Rock St.
Reno, NV 89501
775 338 8118
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy
Act, 18 U.S.C. 2510-2521, and maycontain conIidential inIormation intended Ior the speciIied individual (s)
only. II you are not the intended recipient or an agent responsible Ior delivering it to the intended recipient, you are
hereby notiIied that you have received this document in error and that any review, dissemination, copying, or the
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FW: temporary address change and instruction to pursue a continuance
taking oI any action based on the contents oI this inIormation is strictly prohibited. This message is confidential,
intended only for the named recipient(s) and may contain information that is privileged, attorney work
product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are
notified that any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on
the contents of this information is prohibited and may be unlawful. If you receive this message in error, or
are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and
destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a
waiver of any attorney-client, work product, or other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Tue 11/29/11 3:14 PM
To: robertsp@reno.gov; renomunirecords@reno.gov
1 attachment
Motion for Continuance to Reno City Atty Roberts RMC.pdf (448.9 KB)
Ms. Roberts and RMC Records Supervisor Donna,
I am forwarding this apology I sent to Judge Howard in response to his remonstration responding to my email to
him, in an abundance of caution to avoid ex parte communications with the court, outside your presence. Please
also find attach e a NRCP Rule 11 safe harbor filing ready sanctions motions I am hereby serving on you,
invoking the 21 day safe harbor, with a reservation that any misconduct you commit in the court's presence may
be punished sua sponte or subject to contemporaneous sanctions requests, particular with regard to you blase
dismissal of the official misdoncut, malicious prosecution, 42 USC Sec 1983 deprivations of civil rights under
color of state law and all those other things your office and Hartshorn, et all have been sued for over the years.

Please find attached my Motion for Continuance, being filed by fascimile today with the RMC.
ZachCoughlin,Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 3388118
fax: 949 667 7402
Licensed in Nevada and USPTO
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormation intended Ior the speciIied individual (s) only. II you are not
the intended recipient or an agent responsible Ior delivering it to the intended recipient, you are hereby notiIied that you
have received this document in error and that any review, dissemination, copying, or the taking oI any action based on the
contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
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your cop lying, see your video drivers license produce ap overview at
6:49 mark
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.

From: zachcoughlin@hotmail.com
To: howardk@reno.gov
Subject: RE: temporary address change and instruction to pursue a continuance
Date: Tue, 22 Nov 2011 17:22:45 -0800


Zach Coughlin,
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sun 12/04/11 3:37 AM
To: robertsp@reno.gov; kadlicj@reno.gov; kadlicj@ci.reno.nv.us
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ZachCoughlin,Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 3388118
fax: 949 667 7402
Licensed in Nevada and USPTO
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormation intended Ior the speciIied individual (s) only. II you are not
the intended recipient or an agent responsible Ior delivering it to the intended recipient, you are hereby notiIied that you
have received this document in error and that any review, dissemination, copying, or the taking oI any action based on the
contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
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01212
FW: your cop lying, see your video drivers license produce ap overview at
6:49 mark
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sun 12/04/11 3:45 AM
To: robertsp@reno.gov; kadlicj@reno.gov; kadlicj@ci.reno.nv.us

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ZachCoughlin,Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 3388118
fax: 949 667 7402
Licensed in Nevada and USPTO
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormation intended Ior the speciIied individual (s) only. II you are not
the intended recipient or an agent responsible Ior delivering it to the intended recipient, you are hereby notiIied that you
have received this document in error and that any review, dissemination, copying, or the taking oI any action based on the
contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.

From: zachcoughlin@hotmail.com
To: robertsp@reno.gov; kadlicj@reno.gov; kadlicj@ci.reno.nv.us
Subject: your cop lying, see your video drivers license produce ap overview at 6:49 mark
Date: Sun, 4 Dec 2011 03:37:24 -0800
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your cop lying, see your video drivers license produce ap overview at
6:49 mark

ZachCoughlin,Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 3388118
fax: 949 667 7402
Licensed in Nevada and USPTO
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormation intended Ior the speciIied individual (s) only. II you are not
the intended recipient or an agent responsible Ior delivering it to the intended recipient, you are hereby notiIied that you
have received this document in error and that any review, dissemination, copying, or the taking oI any action based on the
contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
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From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sun 12/04/11 4:05 AM
To: lcooley@rsic.org; voldenburg@rsic.org; rariwite@rsic.org; police@rsic.org; robertsp@reno.gov
pgoins@rsic.org, lcooley@rsic.org; voldenburg@rsic.org; rariwite@rsic.org; police@rsic.org
Subject: your cop lying, see your video drivers license produce ap overview at 6:49 mark
THE OFFICERS ARE KAMERON CRAWFORD AND BRAUNWORTH, WHO CAME ACROSS A
FAR MORE COGNITIVELYIMPAIRED IN COURT THAN HE DID IN PERSON, TOAN EXTENT
THAT WOULD SUGGEST HEWASDISHONORING THELEGAL PROCESSBYHIS
"PARTICIPATION", AND ITS ALL ON TAPE.
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ZachCoughlin,Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 3388118
fax: 949 667 7402
Licensed in Nevada and USPTO
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormation intended Ior the speciIied individual (s) only. II you are not
the intended recipient or an agent responsible Ior delivering it to the intended recipient, you are hereby notiIied that you
have received this document in error and that any review, dissemination, copying, or the taking oI any action based on the
contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
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discovery request;
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/07/11 1:16 AM
To: robertsp@reno.gov; kadlicj@reno.gov


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01213
RE: your failure to propound discovery


ZachCoughlin,Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 3388118
fax: 949 667 7402
Licensed in Nevada and USPTO
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormation intended Ior the speciIied individual (s) only. II you are not
the intended recipient or an agent responsible Ior delivering it to the intended recipient, you are hereby notiIied that you
have received this document in error and that any review, dissemination, copying, or the taking oI any action based on the
contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Thu 12/08/11 3:44 PM
To: hazlett-stevensc@reno.gov; robertsp@reno.gov
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ZachCoughlin,Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 3388118
fax: 949 667 7402
Licensed in Nevada and USPTO
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormation intended Ior the speciIied individual (s) only. II you are not
the intended recipient or an agent responsible Ior delivering it to the intended recipient, you are hereby notiIied that you
have received this document in error and that any review, dissemination, copying, or the taking oI any action based on the
contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
Windows Live Hotmail Print Message http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpidsdd...
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.

Date: Wed, 7 Dec 2011 07:34:25 -0800
From: Hazlett-StevensC@reno.gov
To: zachcoughlin@hotmail.com
Subject: Re: your failure to propound discovery
Mr. Coughlin. You are represented by counsel and I cannot correspond with you. I have never correponded
with you, and your statement that you spoke with me is false. I have never spoken with you. You may have
your attorney, Roberto Puentes, contact me with any discovery issues or issues regarding the City's Motion to
Continue. Please do not correspond with me regarding this case in the future. As an attorney, you are fully
aware that I cannot communicate with a you as a represented party. Do not contact me without your counsel.
Thank you,
Chris
Christopher Hazlett-Stevens
Deputy City Attorney
City of Reno
Tel: 326-6628
Fax: 334-4226
ATTORNEY-CLIENT PRIVILEGED
This e-mail message transmission and any documents, files or previous e-mail messages attached to it, are
confidential and are protected by the attorney-client privilege and/or work product doctrine. If you are not the
intended recipient or a person responsible for delivering it to the intended recipient you are hereby notified that
any review, disclosure, copying, dissemination, distribution or use of any of the information contained in, or
attached to this e-mail transmission is STRICTLY PROHIBITED. If you have received this transmission in error,
please immediately notify us by forwarding this e-mail to the sender or by telephone at (775) 334-2050 and
then delete the message and its attachments.
-----Original Message-----
From: Zach Coughlin <zachcoughlin@hotmail.com>
To: <hazlett-stevensc@reno.gov>
Date: Wed, 7 Dec 2011 01:48:03 -0800
Subject: your failure to propound discovery
DearMr.Hazlett-Stevens,
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IamwritingtorequestacopyoIanyandalldiscovery,pleadings,documentation,
correspondences,ormediainanywayconnectedtothetrespasscaseagainstmeIorwhich
LewTaitelwasapparentlymycourtappointedattorney,butwhomnolongeris.Further,I
wishtobecopiedoneverythingpastandpresentinanywayrelatedtothismatteruntil
andaIterIprocureanotherattorney.Ididnotagreetothecontinuanceyousought,nor
wasIinIormedyouwereseekingit.IIinditparticularlytroublingthatacontinuancewas
grantedinthetrespasscasetothesamemanwhoisapplyinganunlawIulrentdistrainton
bothmyclientIiles,personalproperty,ANDTHEEXCLUPATINGEVIDENCEINEED
TODEFENDMYSELFINTHEPETITLARCENYCASEFORWHICHIDETAIL THE
COMPLAINTSIHAVEAGAINSTYOUANDYOUROFFICE'SHANDLING
BELOW.NOCONTINUANCEWASGRANTEDORAGREEDTOATTRIAL BY
THERMCORMS.ROBERTS,PERHAPSSHEWASTOOBUSYALLEGEDLY
SUBORNINGTHEPERJURYOFRSICOFFICERKAMERONCRAWFORD.
InthediscoveryyouroIIiceprovidedinthepetitlarcenymatterMs.Robertsprosecuted
againstmethereisaIaxIromtheRSICtoyouthathasaIaxheadingIorwhatappearsto
be"page1"Iollowedbypageswithoutthatheading...thenaheadingwith"page4"etc...I
wanttheentirecontentsoIanythingprovidedbytheRSICandWalmarttoyouoranyone
connectedwiththeRenoCityAttorneyortheRenoMunicipalCourt.Further,Iwantall
mediaprovidedbyWalmart,andIquestionwhyyouneeded45minuteswiththethree
witnesswhotestiIiedattheNovember30th,2011trial,Irom1pmto1:45pm.
Additionally,youareherebyservedaNRCP 11motionrequiringyoutocorrectthe
perjuryyousubornedincourtwithrespecttothepatentlycontradictorytestimonyoI
OIIicerCrawIordvisavisthevideoevidenceyouyourselIprovidedindiscovery.
Further,Ispokewithyou,Mr.Hazlett-Stevens,shortlyaItertheSeptember9,2011arrest
inthismatterdemandingacopyoIalldocumentationordiscoverythatIhadanyrightto.
IwastoldIwouldnothaveanyopportunitytoreviewsuchmaterialspriortothe
arraignment,whichwasnotsetIoraIull30daysoutIromthearrest.DoInothavea
righttoacopyoIthepcsheet,arrestreport,andwitnessstatementswithin48hoursoIthe
arrest?TheIaxtoyouroIIiceIromtheRSICisdated9/12/2011,yetmywrittendemands
andrequestsIorsuchdiscoveryanddocumentationweremetwithreIusalstoprovidesuch
materials,and,insomecase,claimsthatyouroIIicedidnotevenhavesuchmaterialsand
wouldnotgetthemuntilaIterthearraignment.Further,Ispokewithandprovidedwritten
requeststoRSICSargentAvansinowithin2daysaIterthearrestandhereIusedtoprovide
thematerials,asdidtheRenoMunicipalCourt.Pleasealertthecourttoanywrongdoing
onyour'sortheRenoCityAttorneyortheRSICpartinthisregardinprejudicingmy
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abilitytodeIendmycasebydelayingtheproductionoIessentialdiscovery,thenreIusing
toagreetoacontinuanceattrial,aIterearlierprovidingawrittenagreementtosucha
continuance.
Sincerely,
ZachCoughlin,Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 3388118
fax: 949 667 7402
Licensed in Nevada and USPTO
`` Notice``This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain conIidential inIormationintended Ior the speciIied individual (s) only. II you are
not the intended recipient or an agent responsible Ior delivering itto the intended recipient, y ou are hereby notiIied that
you have received this documentin error and that any review, dissemination, copying, or the taking oI any action based
on the contents oI this inIormation is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is
prohibited and may be unlawful. If you receive this message in error, or are not the named recipient(s), please
notify the sender, delete this e-mail from your computer, and destroy any copies in any form immediately.
Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

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01214
01215
Case 1:05-cv-02827-GET Document 1 Filed 11/02/05 Page 1 of 7 Case 1:05-cv-02827-GET Document 1 Filed 11/02/05 Page 2 of 7
01216
"fa;
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Zach Coughlin. Esq.
NV Bar No: 9473
817 N. Virginia S1. #2
Reno, NV 89501
Tele: 775229-6737
Fax: 949-667-7402
ZachCoughlin@hotmail.com
Pro per Defendant/Appellant
IN THE MUNICIPAL COURr OF THE CITY OF RENO,
COUNI'Y OF WASHOE, STATE OF NEVADA
CITY OF
Plaintiff
v.
ZACHARY BARKER COUGHLIN
Defendant.
) Case No: 11 CR221762I
) Dept No: Judge Howard
)
) Notice of DcniaJ of Service: Opposition City
) of Reno's Notice of Penial ofSeryice: Request
) fpr Clarification Rewdini Deadline f Qr Filine
) Motion For New Trial. Other Tolline MotiQns.
) ctc:APPLICATIQN FOR DEFERRAL OR
) WAIVER OF COURT FEES AND COST
)
)
)
)
Nntiee ot'Qeniai ofSeryjc1r Opposjtioo Cjty orEmo's Notice pfQcnjal ofS=rviee' Rcgued fur Clari ficati pn Rsgr4jng Dndljne fur
BHng Motion For New Tria! DIh:r Tolljng Molions etc
POINTS AND AUTHORITIES
The videQ Pam Roberts provided in her Discovery clCMly shows Wal-Marts FrontinQ perhaps
making, but definite ly handing a cd to RSIC Ofticers Braunworth and Crawford at the conclusion of
the arrest in question. However. I believe all three men testified that no other video existed relevant
to the accusation or arrest other than the interrogation room video. which was still filming the
exchange of the cd between Frontino and the RSIC Officers. Fw1her. RSIC Officer Crawford can
clearly be seen in the interrogation room videos receiving a drivern license frQm Coughlin and calling
for Filjng Motion Ear New Trial Otbc:r Tnlling Mptj rul$ ':Ie
01217
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Notice oI Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion Ior
Reconsideration; Motion Ior Recusal; Motion For Publication OI Transcript at Public Expense,
Petition Ior In Forma Pauperis Status
POINTS AND AUTHORITIES
CASE APPEAL STATEMENT
DeIendant/Appellant, Zach Coughlin, hereby Iiles this Notice oI Appeal, Motion to Vacate and
or Set Aside, JCRCP 59, JCRCP 60, Motion Ior Reconsideration; Motion Ior Recusal; Motion For
Publication OI Transcript at Public Expense, Petition Ior In Forma Pauperis Status.
POINTS AND AUTHORITIES
ANALYSIS
INCORPORATE BY REFERENCE ALL LAW AND ASSERTIONS IN ATTACHED
PAPERS AND PLEADINGS AND WRITINGS IN EXHIBIT 1:
RULE 59. NEW TRIALS; AMENDMENT OF JUDGMENTS
(a) Grounds. A new trial may be granted to all or any oI the parties and on all or part oI the issues Ior any oI the
Iollowing causes or grounds materially aIIecting the substantial rights oI an aggrieved party: (1) Irregularity in the
proceedings oI the court, jury, master, or adverse party, or any order oI the court, or master, or abuse oI discretion by
which either party was prevented Irom having a Iair trial; (2) Misconduct oI the jury or prevailing party; (3) Accident or
surprise which ordinary prudence could not have guarded against; (4) Newly discovered evidence material Ior the party
making the motion which the party could not, with reasonable diligence, have discovered and produced at the trial; (5)
ManiIest disregard by the jury oI the instructions oI the court; (6) Excessive damages appearing to have been given under
the inIluence oI passion or prejudice; or, (7) Error in law occurring at the trial and objected to by the party making the
motion. On a motion Ior a new trial in an action tried without a jury, the court may open the judgment iI one has been
entered, take additional testimony, amend Iindings oI Iact and conclusions oI law or make new Iindings and conclusions,
and direct the entry oI a new judgment.
(b) Time for Motion. A motion Ior a new trial shall be Iiled no later than 10 days aIter service oI written notice oI the
entry oI the judgment.
(c) Time for Serving Affidavits. When a motion Ior new trial is based upon aIIidavits they shall be Iiled with the motion.
The opposing party has 10 days aIter service within which to Iile opposing aIIidavits, which period may be extended Ior
an additional period not exceeding 20 days either by the court Ior good cause shown or by the parties by written
stipulation. The court may permit reply aIIidavits.
(d) On Court`s Initiative; Notice; Specifying Grounds. No later than 10 days aIter entry oI judgment the court, on its
own, may order a new trial Ior any reason that would justiIy granting one on a party`s motion. AIter giving the parties
notice and an opportunity to be heard, the court may grant a timely motion Ior a new trial Ior a reason not stated in the
motion. When granting a new trial on its own initiative or Ior a reason not stated in a motion, the court shall speciIy the
grounds in its order.
(e) Motion to Alter or Amend a 1udgment. A motion to alter or amend the judgment shall be Iiled no later than 10 days
aIter service oI written notice oI entry oI the judgment.
|As amended; eIIective July 1, 2005.|
Notice oI Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion Ior
Reconsideration; Motion Ior Recusal
2
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the parties, we conclude that the tolling motions also tolled the time to appeal Irom the post-judgment
order awarding attorney Iees and costs.
FACTS
The Iinal judgment aIter a jury verdict in Iavor oI respondent was Iiled on April 18, 2005.
Respondent served appellant with notice oI entry oI the district court's Iinal judgment via Iacsimile
and mail on April 21, 2005. FiIteen days later, on May 6, 2005, appellant moved the district court
Ior judgment as a matter oI law under NRCP 50(b) or Ior a new trial pursuant to NRCP 59.
Respondent opposed appellant's motions in the district court, arguing, in part, that they were not
timely Iiled.
BeIore resolving the motions, on June 9, 2005, the district court entered a post-judgment order
awarding attorney Iees and costs in Iavor oI respondent. Notice oI entry oI the order was served on
appellant on June 10, 2005. On June 27, 2005, the district court entered its order denying
appellant's motion Ior judgment as a matter oI law or Ior a new trial. The district court determined
that appellant's motions had been timely Iiled but concluded that appellant was not entitled to any
relieI. On July 29, 2005, within 30 days aIter service oI notice oI entry oI the June 27 order
resolving the motions, appellant Iiled a notice oI appeal Irom that order, the Iinal judgment, and the
post-judgment order awarding attorney Iees and costs.
Respondent has Iiled a motion to dismiss the appeal, alleging that appellant's motions Ior judgment as
a matter oI law and Ior a new trial were not timely and thereIore did not toll the time to appeal.
Appellant opposes the motion.
DISCUSSION
3 Notice oI Denial oI Service; Opposition City oI Reno's Notice oI Denial oI Service; Request Ior ClariIication Regarding Deadline
Ior Filing Motion For New Trial, Other Tolling Motions, etc
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This court lacks jurisdiction to consider an appeal that is Iiled beyond the time allowed under
NRAP 4(a).
1
A timely Iiled motion Ior judgment as a matter oI law under NRCP 50(b) or Ior a new
trial under NRCP 59 tolls the time Ior Iiling an appeal until no later than 30 days aIter a party serves
written notice that the order resolving such motions has been entered.
2
A tolling motion under
NRCP 50(b) or NRCP 59 is timely iI it is Iiled within 10 days aIter a party serves written notice that a
judgment has been entered.
3
Three additional days are added to this Iiling deadline when service
was made by mail or electronic means.
4
In the motion to dismiss, respondent argues that our prior case law requires that the 3-day allowance
Ior mailing be added directly to the 10-day period to Iile tolling motions beIore computing the Iiling
deadline under NRCP 6(a). Employing this rationale subjects these tolling motions to a 13-day time
period. Under NRCP 6(a), intermediate Saturdays, Sundays and nonjudicial days would be included
in the computation oI the 13-day period. Applying this approach to this case results in the thirteenth
day Irom service oI notice oI entry Ialling on May 4, 2005. In this scenario, because appellant's
motions were not Iiled until May 6, 2005, they would be untimely and would not eIIectively toll the
time to appeal.
Appellant encourages us to adopt the opposite approach to that suggested by respondent. Instead oI
Iirst adding the 3 days Ior service by mail to reach a 13-day time period, appellant contends that
sound judicial policy Iavors adding the 3-day allowance only aIter computing the 10-day Iiling period
and excluding intermediate nonjudicial days under NRCP 6(a). Appellant argues that this method oI
computing the time period is consistent with Iederal court interpretation oI the analogous Iederal rule,
FRCP 6, and Iurthers the intent oI NRCP 6(e) by allowing Ior more time when service is made by
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Ior Filing Motion For New Trial, Other Tolling Motions, etc
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mail. Using this method in this case, appellant argues that its motions Ior judgment as a matter oI
law and Ior a new trial were timely Iiled and eIIectively tolled the time to appeal.
Rule 6oI the Nevada Rules oI Civil Procedure governs time:
(a)Computation. In computing any period oI time prescribed or allowed by these rules, by the local
rules oI any district court, by order oI court, or by any applicable statute, the day oI the act, event, or
deIault Irom which the designated period oI time begins to run shall not be included. The last day
oI the period so computed shall be included, unless it is a Saturday, a Sunday, or a nonjudicial day, in
which event the period runs until the end oI the next day which is not a Saturday, a Sunday, or a
nonjudicial day, or, when the act to be done is the Iiling oI a paper in court, a day on which weather
or other conditions have made the oIIice oI the clerk oI the district court inaccessible, in which event
the period runs until the end oI the next day which is not one oI the aIorementioned days. When the
period oI time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and
nonjudicial days shall be excluded in the computation except Ior those proceedings Iiled under Titles
12 or 13 oI the Nevada Revised Statutes.

(e)Additional Time AIter Service by Mail or Electronic means. Whenever a party has the right or
is required to do some act or take some proceedings within a prescribed period aIter the service oI a
notice or other paper, other than process, upon the party and the notice or paper is served upon the
party by mail or by electronic means, 3 days shall be added to the prescribed period.
(Emphases added.) This court has previously considered in two cases the issue oI computing time
periods under NRCP 6 when service was made by mail. In Ross v. Giacomo, this court concluded
that in calculating the time to Iile a tolling motion, the 3-day allowance Ior service by mail is added
5 Notice oI Denial oI Service; Opposition City oI Reno's Notice oI Denial oI Service; Request Ior ClariIication Regarding Deadline
Ior Filing Motion For New Trial, Other Tolling Motions, etc
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directly to the 10-day period-resulting in a 13-day Iiling period.
5
More recently, in Custom Cabinet
Factory oI New York v. District Court, a 2003 case involving the 30-day time period to Iile a request
Ior trial de novo aIter arbitration, we aIIirmed the computation method employed in Ross and held
that the 3-day allowance Ior service by mail 'should be added to the time allotted by statute or rule
Iirst and then the time period should be computed under NRCP 6(a).
6
We reasoned that the
alternative method oI computing time under Rule 6(a) oI adding the 3 days Ior service by mail aIter
computing the Iiling deadline 'would potentially result in an additional Iive to seven days to Iile
motions which was 'complicated and absurd.
7
Instead, we believed at the time that using the
method oI Iirst adding the 3 days Ior service by mail to the time allotted by statute or rule and then
computing the time period, was a simpler and speedier computation scheme.
8
However, in 2004, aIter our decisions in Ross and Custom Cabinet, we amended NRCP 6 to be
consistent with the 1985 amendments to the Iederal rule.
9
That amendment made the exclusion oI
intermediate Saturdays, Sundays, and nonjudicial days applicable in computing time periods oI less
than 11 days.
10
BeIore the 2004 amendment, NRCP 6(a) only excluded intermediate nonjudicial
days in computing periods oI less than 7 days. Several Iederal courts have considered the intent
behind FRCP 6(e)'s 3-day mailing allowance in interpreting the 1985 amendment to the computation
provision oI FRCP 6(a).
11
In computing time periods in those cases, the Iederal decisions have
Iocused on the 'period oI time prescribed and determined that it does not include the 3 additional
days Ior mailing under Rule 6(e). Those Iederal courts have thereIore Iound that the less-than-11-
day provision oI Rule 6(a) is applicable to 10-day periods even when service is made by mail.
In the Iirst seminal case aIter the 1985 amendment to FRCP 6, a Iederal district court in Nalty v.
Nalty Tree Farm recognized that the amendment 'was intended to extend the response time allowed
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Ior Filing Motion For New Trial, Other Tolling Motions, etc
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under various rules prescribing ten day limits.
12
The Nalty court observed, however, that adding
additional time Ior mailing under Rule 6(e) to create a 13-day time period ultimately resulted in the
same amount oI time that was allowed beIore the 1985 amendment because at that time, nonjudicial
days were not excluded Irom the computation oI 10-day periods.
13
The court determined that
'|s|uch a result cannot be consistent with the obvious intentions oI the advisory committee and
declared that '|t|he mailing rule should provide three extra days, in addition to whatever period the
party would otherwise have, to reIlect the presumed lapse in notice because oI service by mail.
14
The Nalty court thus held that the 3-day allowance Ior mailing should be added only aIter computing
the time period under Rule 6(a).
15
Likewise, in Lerro v. Quaker Oats Co.,
16
the Seventh Circuit Court oI Appeals addressed this same
issue in the context oI an objection to a magistrate judge's report and concluded that 'the period oI
time in Rule 6(a) was not the sum oI all allowable periods. The court noted that Rule 6(e) is
'designed to give a litigant approximately the same eIIective time to respond whether papers are
served by hand or by mail.
17
And the court reasoned that '|t|he only way to carry out Rule 6(e)'s
Iunction oI adding time to compensate Ior delays in mail delivery is to employ Rule 6(a) Iirst.
18
In Tushner v. United States District Court Ior Central District oI CaliIornia, the Ninth Circuit Court
oI Appeals concluded that the 10-day period prescribed Ior Iiling a jury demand did not become a 13-
day period Ior purposes oI Rule 6(a) as a result oI the service-by-mail provision oI Rule 6(e).
19
The
court stated that Rule 6(e) should not be 'construed to render prescribed periods oI less than eleven
days ineligible Ior beneIicial treatment under Rule 6(a) and concluded that it 'would be anomalous
to interpret the rules so that a litigant served by mail would have less time Ior action than a litigant
served personally.
20
Instead, the court held that '|t|he period is calculated Iirst by applying the
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Ior Filing Motion For New Trial, Other Tolling Motions, etc
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less-than-eleven-day provision oI Rule 6(a), thereby excluding any intervening weekends and legal
holidays. AIter this computation, three additional days are added Ior mail service under Rule 6(e).
As we noted in Custom Cabinet, Iederal decisions are not binding on this court.
22
However, '|w|e
have previously recognized that Iederal decisions involving the Federal Rules oI Civil Procedure
provide persuasive authority when this court examines its rules.
23
On the particular issue oI
computing time under NRCP 6, the Iederal decisions discussed above in regard to the Iederal rule are
logically compelling.
Our decisions in Custom Cabinet and Ross reIlect the court's desire to maintain a simple, eIIicient
and uniIorm system Ior computing time periods under NRCP 6.
24
However, neither oI those cases
considered the impact that their computation scheme would have on Iiling periods subject to the
provision in NRCP 6(a) Ior the exclusion oI intermediate nonjudicial days. In light oI our recent
amendment to NRCP 6(a), which made the nonjudicial-day exclusion applicable to longer time
periods, we can no longer reconcile the utility oI Ross and Custom Cabinet with the stiIling eIIect
that they have on the intent behind Rule 6(e). Rule 6(e) is intended to provide litigants with
additional time when service is made by mail. The computation method we employed in Custom
Cabinet and Ross works contrary to that intent. Using the method employed in those cases aIter the
amendment to Rule 6(a), when a 10-day time period is involved, the party personally served would
always have more time to act than a party served by mail.
For example, NRCP 59(b) provides that '|a| motion Ior a new trial shall be Iiled no later than 10 days
aIter service oI written notice oI the entry oI the judgment. II a party is personally served with
notice oI entry, that party has 14 calendar days to Iile a motion because under NRCP 6(a), the
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Ior Filing Motion For New Trial, Other Tolling Motions, etc
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intermediate nonjudicial days would be excluded Irom the computation. But under the Ross and
Custom Cabinet computation scheme, iI that party had been served by mail, that party would only
have 13 calendar days to Iile the same motion because the intermediate nonjudicial days would be
included in the computation. And aIter taking into account the actual time Ior delivery oI mail, a
party served by mail would certainly have even less than 13 calendar days to act. This result deIeats
the purpose oI Rule 6(e) and essentially makes the amendment to Rule 6(a) a nullity by converting
10-day time periods into 13-day periods that do not garner the beneIit oI the amendment. As the
Seventh Circuit observed in Lerro, '|i|nteractions within a complex set oI rules sometimes can have
unexpected and unwelcome eIIects, but we should not create them when the text readily can bear
another meaning.
25
We should not do so here in interpreting NRCP 6.
We thereIore reverse our decisions in Custom Cabinet and Ross to the extent that they require that
Iiling periods be computed by adding the 3 days Ior service by mail under NRCP 6(e) to the
prescribed period beIore applying NRCP 6(a). Consistent with the compelling Iederal cases
discussed above, we hold that the 10-day time period Ior Iiling motions Ior judgment as a matter oI
law and Ior a new trial should be calculated Iirst under NRCP 6(a), excluding intermediate Saturdays,
Sundays and nonjudicial days. II service was made by mail or electronic means, 3 days should
thereaIter be added pursuant to NRCP 6(e).
In this case, notice oI the judgment's entry was served by mail on Thursday, April 21, 2005.
Computing the 10-day time period Irom this date and excluding intermediate nonjudicial days under
NRCP 6(a), extended the deadline Ior tolling motions to Thursday, May 5, 2005. Adding 3 days at
that point Ior service by mail made Monday, May 9, 2005, the Iinal deadline to Iile motions Ior
judgment as a matter oI law or Ior a new trial. Appellant's motions were Iiled beIore that date, and
thereIore they were timely Iiled and eIIectively tolled the time to appeal. ThereaIter, appellant
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Ior Filing Motion For New Trial, Other Tolling Motions, etc
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timely Iiled a notice oI appeal within 30 days aIter service oI written notice oI entry oI the order
resolving the tolling motions.
26
Finally, although the motion to dismiss and opposition did not address whether appellant's tolling
motions tolled the time to appeal Irom the post-judgment order awarding attorney Iees, because oI the
ambiguous nature oI this area oI law and the potential pitIall that it may present to practitioners, we
elect to address it sua sponte.
27
The precise issue is whether a tolling motion directed at the Iinal
judgment also tolls the time to appeal Irom a special order aIter Iinal judgment. This is an issue oI
Iirst impression in Nevada.
An order awarding attorney Iees and costs is substantively appealable as a special order aIter Iinal
judgment.
28
Special orders aIter Iinal judgment are appealable because they aIIect the rights oI a
party growing out oI the Iinal judgment.
29
Like an appeal Irom a Iinal judgment, an appeal Irom an
order awarding attorney Iees and costs must be Iiled no more than 30 days Irom the date that notice
oI the order's entry is served.
30
Here, notice oI entry oI the order awarding attorney Iees and costs was served on appellant on June
10, 2005. However, appellant did not Iile its notice oI appeal until July 29, 2005-well beyond the
30-day time limit allowed under NRAP 4(a)(1). Accordingly, this court only has jurisdiction to
consider issues relating to the attorney Iees and costs order iI the time to appeal Irom that order was
tolled by appellant's motions Ior judgment as a matter oI law and Ior a new trial.
NRAP 4(a)(4) provides that when a tolling motion is Iiled, 'the time to Iile a notice oI appeal runs Ior
all parties Irom entry oI an order disposing oI the last such remaining motion. This court's
decisions have evaluated tolling motions in the context oI appeals Irom Iinal judgments.
31
However,
10 Notice oI Denial oI Service; Opposition City oI Reno's Notice oI Denial oI Service; Request Ior ClariIication Regarding
Deadline Ior Filing Motion For New Trial, Other Tolling Motions, etc
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because NRAP 4(a)(4) does not speciIy Irom which orders the time to appeal may be tolled, its
applicability to post-judgment orders awarding attorney Iees and costs is unclear.
In this case, the order awarding attorney Iees to respondent was predicated on the Iinal judgment in
respondent's Iavor. There is thus a close connection between the Iinal judgment and the special
order aIter Iinal judgment in that a change to the Iinal judgment would likely result in a change to the
special order aIter Iinal judgment. By deIinition, any special order aIter Iinal judgment must be
closely related to the judgment. This close connection leads us to conclude that the tolling motions
enumerated in NRAP 4(a)(4) apply to both types oI orders. Any other interpretation oI NRAP 4(a)
(4) would result in the appeal oI a post-judgment order proceeding in this court while the underlying
judgment was still subject to change during the pendency oI tolling motions in the district court.
Such an eIIect would not only impede judicial economy and result in piecemeal litigation,
32
but it
would also likely be counterintuitive to many legal practitioners and create signiIicant conIusion over
the time Ior Iiling appeals Irom special orders aIter Iinal judgment. As we have previously
explained, '|t|he Iiling oI a simple notice oI appeal was intended to take the place oI more
complicated procedures to obtain review, and the notice should not be used as a technical trap Ior the
unwary draItsman.
33
Our interpretation oI NRAP 4(a)(4) tolling motions should reIlect our intent
to preserve a simple and eIIicient procedure Ior Iiling a notice oI appeal.
We thereIore hold that a timely Iiled tolling motion under NRAP 4(a)(4) tolls the time to appeal
Irom both Iinal judgment and special orders entered aIter Iinal judgment. Accordingly, this court
has jurisdiction to consider the merits oI any issues raised in this appeal relating to the award oI
attorney Iees and costs in the district court's June 9, 2005, order.
CONCLUSION
11 Notice oI Denial oI Service; Opposition City oI Reno's Notice oI Denial oI Service; Request Ior ClariIication Regarding
Deadline Ior Filing Motion For New Trial, Other Tolling Motions, etc
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We reverse our decisions in Custom Cabinet and Ross to the extent that they require that Iiling
periods be computed by adding 3 days Ior service by mail under NRCP 6(e) to the prescribed time
period beIore applying NRCP 6(a). Further, we hold that the 'period oI time prescribed does not
include the 3-day allowance Ior service by mail under NRCP 6(e) and that time periods should be
calculated Iirst under NRCP 6(a) beIore adding time under NRCP 6(e). Using this method oI
computation, we conclude that appellant's motions Ior judgment as a matter oI law and Ior new trial
were timely Iiled and thus eIIectively tolled the time to appeal. As a result, appellant's notice oI
appeal was timely Iiled. Accordingly, we deny respondent's motion to dismiss.
We Iurther hold that timely motions listed under NRAP 4(a)(4) toll both the time to appeal Irom the
Iinal judgment and the time to appeal Irom a special order entered aIter Iinal judgment.
Accordingly, this court also has jurisdiction to consider the merits oI appellant's appeal Irom the
district court's order awarding attorney Iees and costs in Iavor oI respondent.
FOOTNOTES
1. See NRAP 3(a); Alvis v. State, Gaming Control Bd., 99 Nev. 184, 660 P.2d 980 (1983).
2. NRAP 4(a)(4).
3. NRCP 50(b); NRCP 59(b).
4. NRCP 6(e).
5. 97 Nev. 550, 553 nn. 1 & 2, 635 P.2d 298, 300 nn. 1 & 2 (1981).
6. 119 Nev. 51, 54-55, 62 P.3d 741, 743 (2003).
7. Id. at 54, 62 P.3d at 742-43.
8. Id.
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Deadline Ior Filing Motion For New Trial, Other Tolling Motions, etc
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9. See NRCP 6 draIter's note (2004).
10. Id.
11. See, e.g., Nalty v. Nalty Tree Farm, 654 F.Supp. 1315 (S.D.Ala.1987); Tushner v. U.S. Dist.
Court Ior Cent. Dist. oI Cal., 829 F.2d 853 (9th Cir.1987); Lerro v. Quaker Oats Co., 84 F.3d 239
(7th Cir.1996).
12. 654 F.Supp. at 1317.
13. Id.
14. Id.
15. Id. at 1317-18.
16. 84 F.3d 239, 242.
17. Id.
18. Id.
19. 829 F.2d at 855-56.
20. Id. (citing Nalty, 654 F.Supp. at 1317).
21. Id. at 855-56.
22. 119 Nev. at 54, 62 P.3d at 742-43.
23. Nelson v. Heer, 121 Nev. 832, 122 P.3d 1252, 1253 (2005).
24. Custom Cabinet, 119 Nev. at 55, 62 P.3d at 743.
25. 84 F.3d at 242.
26. NRAP 4(a)(4).
13 Notice oI Denial oI Service; Opposition City oI Reno's Notice oI Denial oI Service; Request Ior ClariIication Regarding
Deadline Ior Filing Motion For New Trial, Other Tolling Motions, etc
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27. See Albios v. Horizon Communities, Inc., 122 Nev. 409, 132 P.3d 1022 (2006); McNair v.
Rivera, 110 Nev. 463, 468 n. 6, 874 P.2d 1240, 1244 n. 6 (1994); Bradley v. Romeo, 102 Nev. 103,
105, 716 P.2d 227, 228 (1986); Western Indus., Inc. v. General Ins. Co., 91 Nev. 222, 229-30, 533
P.2d 473, 478 (1975).
28. Smith v. Crown Financial Services, 111 Nev. 277, 289 n. 2, 890 P.2d 769, 771 n. 2 (1995).
29. See Gumm v. Mainor, 118 Nev. 912, 59 P.3d 1220 (2002).
30. NRAP 4(a)(1).
31. See, e.g., Matter oI Application oI Duong, 118 Nev. 920, 922-23, 59 P.3d 1210, 1212 (2002)
(concluding that a timely Iiled motion to amend or make additional Iindings oI Iact tolled the time to
appeal Irom a Iinal judgment denying a petition to seal criminal records); Chapman Industries v.
United Insurance, 110 Nev. 454, 457, 874 P.2d 739, 741 (1994) (concluding that timely Iiled tolling
motions tolled the time to appeal Irom the Iinal judgment); Able Electric, Inc. v. KauIman, 104 Nev.
29, 31-32, 752 P.2d 218, 220 (1988) (concluding that a motion to alter or amend tolled the time to
appeal Irom the Iinal judgment).
32. See, e.g., HallicraIters Co. v. Moore, 102 Nev. 526, 728 P.2d 441 (1986).
33. Forman v. Eagle ThriIty Drugs & Markets, 89 Nev. 533, 536, 516 P.2d 1234, 1235 (1973),
overruled on other grounds by Garvin v. Dist. Ct., 118 Nev. 749, 751, 59 P.3d 1180, 1181 (2002).
Winston Products v. DeBoer, 122 Nev. Adv.Op. 48, 134 P. 3rd 726 (2006);
The above, admittedly extended citation, applies to this issues at hand. WhereIore, the
udnersigned seeks a copy oI the Order Irom the 11 30 , 2011 Trial, including any Contempt Order,
which must set Ior the with speciIicity pursuant to Houston v. Eight Judicial Distirct Court when
Judge Pomeranze put Houston in cuIIs Ior about 30 minutes, a case I am somewhat aware oI:
Coughlin Mandamus:
http://caseinIo.nvsupremecourt.us/public/caseView.do?csIID22746
Houston Mandamus:
http://caseinIo.nvsupremecourt.us/public/caseView.do?csIID14052
DATED this December 16th, 2011
/s/ Zach Coughlin
Zach Coughlin
DeIendant
14 Notice oI Denial oI Service; Opposition City oI Reno's Notice oI Denial oI Service; Request Ior ClariIication Regarding
Deadline Ior Filing Motion For New Trial, Other Tolling Motions, etc
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DECLARATION OF ZACH COUGHIN
1. I am the DeIendant in this action.
2. I am not sure exactly what Judge Howard Ordered at the conclusion oI the November 20
th
,
20ll Trial
3. I have not been entirely sure what the diIIerence is between emails and Iaxes, as many people
send Iaxes Irom their computers, like email, and it is my understanding that all electronic
transmissions, whether text, sound, video, whatever, are ultimately just converted to series oI
1's and 0's....Nonetheless, I have read the RMCR Rule 5 on service oI motions by Iascimile
and made reasonable attempts to comply with Ms. Roberts request that I interpret that rule to
mean a transmission oI 1's and 0's that is not 'email based. As such, I Iax her Irom a Iax
number oI mine, 949-667-7402 and have Iaxed her the December 13
th
Motion Ior a New Trial,
etc. to Ms. Roberts at her Iax number. I know oI know rule that allows Ms. Roberts, a public
employee, to all the sudden declare a citizen is not allowed to email her, much less opposing
counsel in a case.
4. Attorneys in private practice, as Iar as I know, manage to open attachments, use Spybot,
Malwarebytes, SuperAntiSpyware, whatever....they make it happen without a super bloated
governmental salary and don't claim a 'Iear oI viruses should dictate everything, in my
opinion.
5. At the conclusion oI the November 30
th
, 2011 Trial, indeed, several hours prior to its
conclusion even, I was extremely Iaint and it was very diIIicult to Iunction at the level
necessary to put on a deIense. I do not wish to go into the why's and whereIores oI this, it
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may involved ADA/privacy issues/medical issues, but, suIIice to say, I in no way could have
imagined that the RMC would see Iit to hold everyone there, many getting paid quite a bit oI
overtime, in some incredible eIIort to make sure this one little old petit larceny trial got done
super, super Iast. I could have never imagined that the Trial would continue until almost 9 pm
at night, why, in my experience, government employees generally leave their oIIice buildings
as soon aIter 5 pm as humanly possible. As such, I was in no way prepared,
physically/mentally/medically, etc. to continue on that late into the evening.
6. Apparently, at the close oI Trial, Judge Howard made a ruling. I have received conIlicting
reports as to whether the RMC is asserting that I entered a guilty plea (I do not believe that
assertion comports with reality in any way) or whether Judge Howard made a Iinding oI
Contempt committed in the presence oI the Court 22.030 and summarily sentenced me to
three days in jail, with no possibility oI stay or appellate review, despite Judge Howard having
denied me my Sixth Amendment Right To Counsel, assuring me he would not order any
incarceration. I outlined to Judge Howard what a devastating eIIect his ruling might have on
my clients cases to the extent he was not aIIording me any opportunity to help them make
other arrangements to avoid prejudicing their cases, and Judge Howard agreed that he was sad
about that then angrily leIt the bench aIter exclaiming something like 'we are oII the record.
7. At that point Judge Howard's team oI Marshalls (I think about Iour oI the Marshalls, at least
were working at overtime wages at that point in the night to insure that the Wal-Mart clerk
would not be burdened by having to return to court during normal business hours should a
continuance have been granted) stormed up to me and demanded I assume a handcuIIed
position, despite my passionate pleas that I needed to be able to hit the 'save button on my
notes Irom the trial on my netbook computer. The Marshals told me that was not allowed to
16 Notice oI Denial oI Service; Opposition City oI Reno's Notice oI Denial oI Service; Request Ior ClariIication Regarding
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hit the 'save button and that they didn't care about my notes being lost. Its really was quite
remarkable the extent to which these Marshals treated me like I just knocked oII a liquor store
with a Iirearm, pistol whipped the cashier, then happened upon them in the parking lot aIter
they witnessed the entire event.
8. I was taken back to a holding cell Ior several minutes, whereupon I was summoned back into
the court room and Judge Howards presence where he talked some more. As I recall, Judge
Howard mentioned a 10 day limitations period or deadline that would be running Irom the
notice oI entry oI his Verdict and Contempt Finding. Judge Howard mentioned that, given
that he was incarcerating me Ior the next 3 days, he was going to extend all deadlines which
might apply to any notices oI appeal or motions seeking a new trial, to set aside the judgment,
vacate, etc an additional three days aIter the normal time on which those limitations periods
would run. Judge Howard seemed to explain that this would have the eIIect oI giving me
more time to undertake to Iile these pleadings, motions, and notices iI I so choose so that the
summary incarceration (which Judge Howard was sure to point out would not be bailable or
otherwise circumvented by any attempts to access justice) would not prejudice my ability to
do so. As I understood it this meant lengthening the time I had to Iile such papers, not
shortening it, and Judge Howard seemed to indicate that the period to Iile such things would
still be adjudged to be within the 11 days or less cited in NRCP 6(a), and, as such, non
judicial days would not count towards the 10 days within which I must Iile the various post
Verdict papers I might want to Iile. Judge Howard seemed to indicate that the three additional
days he was granting me would be added on aIter the expiration oI those 10 non judicial days
Irom notice oI entry oI Judge Howard's Order was Iiled with the RMC and served upon me.
17 Notice oI Denial oI Service; Opposition City oI Reno's Notice oI Denial oI Service; Request Ior ClariIication Regarding
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9. It is my recollection that Judge Howard then leIt the courtroom and I was leIt alone with
about 4 Marshals, all collecting overtime. At that point the got a bit rough with me and
started speaking in very hostile, ominous tones, shoving some papers in Iront oI my Iace, but
not long enough Ior me to be able to read them or discern what they related to. The Marshals
began demanding that I sign these papers. I asked them iI they were mortgage documents or
perhaps some student loan agreements or other sorts oI documents Ior which any reasonable
person would want an opportunity to review prior to signing. This made the Marshals even
more angry than they normally seem, and they typically seem very, very angry most oI the
time, to me at least. In Iact, Marshal Mentzel, at My October 11
th
, 2011 arraignment had
become enraged with me Ior askign questions about my Sixth Amendment Right to Counsel. I
reported this to the court and even made a notation about it, I believe, on the document
Marshal Mentzel demanded I sign on that day. That same day Marshal Mentzel criticized me
to my Iace aIter I appeared beIore Judge Gardner Ior the arraignment. Mentzel told me I had
asked Judge Gardner stupid questions, and I believe he made some other insulting and
threatening remarks to me at that time, but I am a bit aIraid to get into here in much detail.
10. So, on November 30
th
, 2011, aIter Judge Howard leIt the courtroom the Marshals would not
let me read the papers they wanted me to sign Ior more than a second or two beIore they
began hounding me to sign them in angry and threatening tones. I was so distraught Irom the
various irregularities I perceived in the Trial, and that was only compounded by the thuggish
behavior oI the Marshals, who quickly inIormed me that they didn't have time Ior me to read
anything and dragged me away to the 3 days oI incarceration I Iaced, while my car was sure
to get towed (especially considering the Deputees at the Washoe County Jail saw Iit to reIuse
to allow me to make more than, I believe, a single phone call, shortly aIter arriving at the jail,
18 Notice oI Denial oI Service; Opposition City oI Reno's Notice oI Denial oI Service; Request Ior ClariIication Regarding
Deadline Ior Filing Motion For New Trial, Other Tolling Motions, etc
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whereupon they went into their usual routine oI retaliating against one who reIuses to divulge
their religious preIerence or one who cannot answer all oI their highly invasive questions with
the exact degree oI speciIicity they demand. This retaliation, in my case, included Iorcing me
into some sort oI position on my knees extremely close to the crotches oI several WCSO
Deputees in some sort oI sadistic Iorced simulation oI my perIorming oral sex upon them, at
least Irom my point oI view. I was placed in a Ireezing cold room, with a cement Iloor, by
myselI, in retaliaton Ior Iailing to disclose my religious preIerence and indicating that I was
not exactly sure how much money I made each month given the variable nature oI my
compensation. I was place alone in a holding cell with nothing but a wooden bench, and the
ice cold cement Iloor due to the cell being sequestered away Irom the buildings heat sources,
including other people. My dog was leIt to Iend Ior itselI. My dog was Ieature in this
December's Nevada Lawyer magazine, Jackson Pawluck, a 3 year old Pekingnese.
11. 3 Days later when I was release Irom jail, the personal property returned to me did not
included any Verdict or Contempt Finding/Order related to the November 30
th
, 2011 Trial in
RMC 11 CR 22176. I called several times in the days Iollowing my release and spoke with
Veronica Lopez (though it took several days to ascertain her last name given that neither she
nor anyone associated with the RMC would divulge it to me) whom inIormed me that I had
been served Judge Howard's Order at the conclusion oI the November 30
th
, 2011 Trial. Ms.
Lopez immediately took a bullying, hostile, aggressive tone with me that seem completely out
oI place coming Irom her given the position oI authority the public has entrusted her with and
what I Ieel is a duty on her part to attempt to come across as 'judicial rather than tyrannical.
12. I inIormed Ms. Lopez that I did not Ieel I had been served at all, and that I was not at all sure
what she was reIerring to, but that I would deIinitely like to get a copy oI any Order
19 Notice oI Denial oI Service; Opposition City oI Reno's Notice oI Denial oI Service; Request Ior ClariIication Regarding
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immediately, as well as a copy oI the audio oI the Trial. I believe Ms. Lopez inIormed me
that I would not be allowed a copy oI the audio, but that I would need to pay Ior a transcript to
be made. I am sure, however, that a Iemale RMC Iiling oIIice counter employee told me on
or about the same day that I would not ever be provided a copy oI the audio recording oI the
trial but that I would need to pay to have a transcript made, and that I could only use Pam
Longoni, the RMC's OIIicial Transcriptist.
13. I called Ms. Longoni and when I Iinally got ahold oI her she inIormed me that she would need
the RMC to allow her access to the audio (despite her being 'linked to the RMC's systems),
and that until that was done, she could not quote me an estimate Ior the transcript cost, nor
could she accept any payment Iorm me. I believe Ms. Longoni Iurther indicated to me that I
would not be able to get a copy oI the actual audio recording either
14. I have sent several written communications and had several verbal communications with D.
Ballard and other RMC personnel expressing my exigent desire to get a copy oI the audio oI
the Trial, and how necessary it was to preparing Iilings/motions/pleadings Ior which I had a
very limited period oI time to craIt.
15. BeIore, while, and aIter speaking with Ms. Ballard, a gentleman whose name escapes me but
who is a Iiling counter clerk at the RMC told me I would need to get a subpoena to get a copy
oI the RMC docket in my case, and that he couldn't give me copies oI anything in my case,
certainly not the Order stemming Irom the November 30
th
, 2011 Trial, that he did not have
access to such, and even iI he did, would not provide it, and that his system did not show
entry oI anything in connection with the November 30
th
, 2011 Trial. He Iurther veriIied that
there had not been any entry in his 'docket Ior RMC 11 CR22176 2I and that no Notice oI
Entry oI Order or Entry oI Order existed in his sytem or computer Ior that matter Iollowing
20 Notice oI Denial oI Service; Opposition City oI Reno's Notice oI Denial oI Service; Request Ior ClariIication Regarding
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the Trial. He did indicate that 'they said the Motion Ior New Trial that I had recently Iiled
was timely, and I believe he said 'they said the day he and I were currently speaking was
'the last day they gave you to Iile, which I believe Tuesday, December 13
th
, and given the
'additional 3 days language that I recall Judge Howard mentioning he was adding on to
allow me more time to Iile, would mean that 'they (I took 'they to be 'Veronica, whom
the gentleman clerk steadIastly reIused to identiIy by last name and Ior which the phone
number he wrote down Ior me in his own handwriting with 'Veronica written out turned out
to be a disconnected number) had assumed service was appropriately perIormed at the
conclusion oI the Trial, and that 13 days began running on the Iollowing day, that the halI a
day the RMC is open on Fridays would count as a Iull judicial day, and that non judicial days
would be included in counting towards this 13 days given the way 'they or 'Veronica had
interpreted Judge Howard's Order, apparently in a way that made the time I had to Iile these
various papers shorter than it would have been had Judge Howard simply not granted an
additional three days given the dictates oI not counting non judicial days in NRCP 6(e). It is
my understanding, however, the I have not even been served this Verdict/Order, and that any
limitations period must not even begin running until I am appropriately served. Veronica
admitted to me on the phone, I believe on Monday or Tuesday when I called her Irom the
Iree phone in the Washoe County Law library with law libarian employee Linda Blakeley
sitting within earshot, that the RMC Ielt it had appropriately served me the Order at the
conlcusion oI the trial and had Iailed to otherwise send me a copy in the mail or by Iax. I
asked Ms. Lopez iI I could get a copy oI the Order, as well as any other Orders that had been
issued in the case. She agree to Iax me only the Order Irom the conclusion oI the November
30
th
, 2011 Trial, reIusing to provide any other Orders. As oI yet, despite reading back to her
21 Notice oI Denial oI Service; Opposition City oI Reno's Notice oI Denial oI Service; Request Ior ClariIication Regarding
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my Iax number at least twice, I have yet to receive a Iax containing anything Irom the RMC,
much less the Order Iollowing the November 30, 2011 Trial.
APPLICATION FOR DEFERRAL OR WAIVER OF COURT FEES AND COST
This is an Application Ior DeIerral oI Court Fees and Costs.
STATEMENTS MADE TO THE COURT UNDER OATH. I swear or aIIirm that the inIormation in this application is
true and correct. I make this statement under the penalty oI prosecution Ior perjury iI it is determined that I did not tell the
truth.
I am requesting a deIerral or waiver oI the Iollowing Iees and costs in my case:
xAny or all oI the Iollowing: All Iiling Iees; Iees Ior the issuance oI either a summons and subpoena;
xFees Ior obtaining one certiIied copy oI a temporary order in a domestic relations case or a Iinal order, judgment
or decree in all criminal proceedings.
xFees Ior service oI process by a sheriII, marshal, constable or law enIorcement. Fees Ior service by publication.
XFiling Iees and photocopy Iees Ior the preparation oI the record on appeal.
XCourt reporter`s Iees oI reporters or transcribers employed by the court Ior the preparation oI the transcript.
The basis Ior the request is:
1. WAIVER: I am permanently unable to pay. My income and liquid assets are insuIIicient or barely suIIicient to meet
the daily essentials oI liIe and unlikely to change in the Ioreseeable Iuture.
2. DEFERRAL:
a. My income is insuIIicient or is barely suIIicient to meet the daily essentials oI liIe, and includes no allotment that could
be budgeted Ior the Iees and costs that are required to gain access to the court.
b. I do not have the money to pay the court Iees and costs now. I do not know iI I can pay the Iees and costs at a later
date.
AFFIRMATION Pursuant to NRS 239B.030
The undersigned does hereby aIIirm that the preceding document does not contain
the social security number oI any person.
Pursuant to NRS 53.045, I declare under penalty oI perjury that the Ioregoing is true and correct. Executed on December
16, 2011
DATED this December 16th, 2011
/s/ Zach Coughlin
Zach Coughlin
DeIendant
22 Notice oI Denial oI Service; Opposition City oI Reno's Notice oI Denial oI Service; Request Ior ClariIication Regarding
Deadline Ior Filing Motion For New Trial, Other Tolling Motions, etc
01238
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that both counts occurred on the same date, at about the same time, and in the same
general icinit!. "ach count, though, inoled a separate incident.
#ana $rec%enridge was operating a ehicle that had been traeling each on &est 'treet,
approaching the intersection of $la%e (enue and had the right of wa!. Coughlin)s ehicle failed to
stop fo the stop sign and entered the intersection. $rec%enridge)s ehicle was forced to ta%e easie
action and steerred to the right, causing the ehicle to sideswipe a fire h!drant . . . . Coughlin failed
to stop for the accident . . . .#ana $rec%enridge complaint of pain to her legs and was transported to
(ll 'aints *ospital b! Rescue.
&ith regard to the second incident, the complaint alleges+
Coughlin)s ehicle continued east and went through the red light at the intersection of north
Memorial ,rie and &est street, 'tratman, who had been operating a ehicle owned b! Mic%)s (uto
-arts southbound on .orth Memorial ,rie, was struc% b! Coughlin)s ehicle . . . . "rnesto
(Coughlin) then ran from the ehicle leaing the secene of the accident. . . ( passenger in
Coughlin)s ehicle, /.*. . . . complained of pain to his nec% and bac% and was transported to (ll
'aints *ospital b! Rescue.
0inall!, the complaint alleges that "rnesto Coughlin was interiewed b! police and said that
he ran from the ehicle because, ""rnesto stated that his brother, /.*., did not want him
arrested for an accident and told him to run."
Argument
I. The compl!nt mu"t llege "u##!c!ent #ct" $!th!n the #our corner"% $hen &!e$e' !n common
"en"e mnner% to e"t(l!"h pro((le cu"e to (el!e&e tht the 'e#en'nt comm!tte' the o##en"e
llege'. )ere% the compl!nt !" 'e#!c!ent the tre"p"" chrge RMC *.+,.,+,.
, criminal com<laint mu0t meet <ro>a>le cau0e re@uirement0 to con.er <er0onal Auri0diction. State v.
White" 97 8i0. 2d 193" 197" 29% N.8.2d 34*" 347 B19$+;. , criminal com<laint i0 a 0el.'contained
charge that mu0t 0et .orth .act0 ?ithin it0 .our corner0 that are 0u..icient" in them0elve0 or together
?ith rea0ona>le in.erence0 derived there.rom" to allo? a rea0ona>le <er0on to conclude that a crime
?a0 <ro>a>l- committed and that the de.endant i0 <ro>a>l- cul<a>le. State v. Haugen" %2 8i0. 2d
791" 793" 191 N.8.2d 12" 13 B1971;. 1. the criminal com<laint .ail0 to e0ta>li0h <ro>a>le cau0e" the
court doe0 not o>tain <er0onal Auri0diction" and the charge mu0t >e di0mi00ed. &he criminal
com<laint" ho?ever" i0 not to >e read in a h-<ertechnical 0en0e >ut" rather" i0 to >e revie?ed on a
rea0ona>le >a0i0 a<<l-ing ordinar- common 0en0e. State v. Gaudesi" 112 8i0. 2d 213" 219" 332
N.8.2d 3+2" 3+% B19$3;. &here.ore" the .act0 alleged and the in.erence0 that ma- >e dra?n .rom
them mu0t >e 0u..icient to e0ta>li0h in a common 0en0e ?a- that there i0 <ro>a>le cau0e to >elieve the
de.endant committed the o..en0e charged. See id.
2ere" the com<laint <ur<ort0 to allege that Coughlin violated !=CC0 tre0<a00 0tatute $.1+.+1+ &he
element0 o. that o..en0e are: Element" o# the Cr!me Tht the Stte Mu"t Pro&e
' 2 '
NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01241
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Reno Mun!c!pl Co'e "ect!on *.+,.,+,% pro&!'e" !n rele&nt prt- E&er. per"on $ho . . .
$!ll#ull. goe" or rem!n" upon n. ln' or !n n. (u!l'!ng #ter h&!ng (een $rne' (. the
o$ner or occupnt thereo# not to tre"p"" !" gu!lt. o# m!"'emenor.
A. The cr!m!nl tre"p"" compl!nt #!l" to e"t(l!"h pro((le cu"e (ecu"e !t #!l" to "ho$
n. not!ce or "er&!ce o# the $r!tten OR'er #or Summr. E&!ct!on $" con'ucte' !n l$#ul
mnner n' not too "oon n' thu" &o!'..
(or the0e rea0on0" the criminal com<laint mu0t >e di0mi00ed.
1 realiDe -ou ?ill liEel- not read all o. thi0. &he main thing i0 1 am re0<ect.ull- re@ue0ting that
-ou con.irm ?ith De<ut- =achem that he did" in .act" F<er0onall- 0erveF the Summar- Eviction
3rder on me at 121 !iver !ocE St." !eno $9%+1 on Novem>er 1" 2+11 at 4:3+ <m" in connection ?ith
<er.orming the locEout. 1t i0 m- <o0ition that 1 ?a0 not F<er0onall- 0ervedF and 1 am tr-ing to .igure
out ?hether De<ut- =achem i0 l-ing or ?hether the <hra0e F<er0onall- 0ervedF mean0 0omething
other than ?hat 1 >elieve it mean0" etc." etc. 1 a<<reciate -our attention to thi0.
1 am ?riting to in@uire a>out and com<lain ?ith regard to an ,..idavit o. Service .iled >- or .or 8CS3 De<ut- =achem
?ith re0<ect to the 0ervice o. a 3rder :ranting Summar- Eviction again0t me Bin m- la? o..ice ?here non'<a-ment o.
rent ?a0 not alleged" no le00 in violation o. N!S 4+.2%3 and ?here a G2"27% rent e0cro? de<o0it ?a0 .oi0ted u<on me in
violation o. 4+.2%3B*;" e0<eciall- ?here a 0ta- o. eviction ?a0 not granted even ?hile the !4C held on to mo0t all m-
mone-...;.
=- i00ue ?ith the 8CS3 i0 that =achemC0 ,..idavit o. Service indicate0 that he F<er0onall- 0ervedF me" ?hich Eind o.
remind0 me o. all that ro>o'0igning and =E!S .raud 1 come acro00 in m- da- Ao> Band do -ou ?onder ho? man-
attorne-0 in the .oreclo0ure de.en0e game 1 am in con0tant contact ?ith ?ho are ?atching and ?itne00 the <otential !1C3
violation0 thi0 ?riting mention0H;" ?hich include0 >eing a .oreclo0ure de.en0e attorne-. So ?hich i0 itH Did =achem
F<er0onall- 0erveF me the Summar- Eviction 3rderH !ichard :. 2ill" E0@. liEe0 to argue that 1 ?a0 F0ervedF in
com<liance ?ith all time related rule0 >ecau0e it ?a0 done in the Fu0ual cu0tom and <ractice o. the 8CS3. 8hat" e)actl-"
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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i0 the Fu0ual cu0tom and <ractice o. the 8CS3H 1 hear a lot a>out thi0 F?ithin 24 hour0F 0tu... So" 1 go hunting .or 0ome
>lacE letter la? to 0u<<ort ?hat tho0e at the !4C and in the cluele00 communit- at large B?hich o.ten include0 Nevada
6egal Service0 and 8a0hoe 6egal Service0" the <eo<le -ou gu-0 had 0uch trou>le actuall- 0erving in the la?0uit0 1 .iled"
?hich ma- have actuall- hel<ed im<roved legal 0ervice0 in thi0 communit-" i. the- ?ere not di0mi00ed due to
in0u..icienc- o. 0ervice o. <roce00" even ?here the 1(/ re@uired the 8CS3 to 0erved the de.endant0....;. ,n-?a-" >acE to
the F?ithin 24 hour0F <hra0eolog-: F
&hi0 ?hole >u0ine00 a>out I&he court ma- thereu<on i00ue an order directing the 0heri.. or con0ta>le o. the count- to
remove the tenant ?ithin 24 hour0 a.ter recei<t o. the order...J i0 ina<<lica>le to thi0 0ituation" ?here an 3rder :ranting
Summar- Eviction ?a0 0igned >- 3cto>er 27th" 2+11. &hat language i0 onl- .ound in 0ituation0 ina<<lica>le to the
current one. N!S 4+.2%3B3;B>;B2;" and N!S 4+.2%3B%;Ba; are the onl- 0ection0 o. N!S 4+ ?here thi0 I?ithin 24 hour0J
language occur0" and tho0e 0ituation0 onl- a<<l- ?here" in:
4+.2%3B3;B>;B2;: I 3. , notice 0erved <ur0uant to 0u>0ection 1 or 2 mu0t: ...B>; ,dvi0e the tenant: K. B2; &hat i. the court
determine0 that the tenant i0 guilt- o. an unla?.ul detainer" the court ma- i00ue a 0ummar- order .or removal o. the tenant
or an order <roviding .or the nonadmittance o. the tenant" directing the 0heri.. or con0ta>le o. the count- to remove the
tenant ?ithin 24 hour0 a.ter recei<t o. the orderJ
and"
4+.2%3B%;Ba;: I%. 5<on noncom<liance ?ith the notice: Ba; &he landlord or the landlordL0 agent ma- a<<l- >- a..idavit o.
com<laint .or eviction to the Au0tice court o. the to?n0hi< in ?hich the d?elling" a<artment" mo>ile home or commercial
<remi0e0 are located or to the di0trict court o. the count- in ?hich the d?elling" a<artment" mo>ile home or commercial
<remi0e0 are located" ?hichever ha0 Auri0diction over the matter. &he court ma- thereu<on i00ue an order directing the
0heri.. or con0ta>le o. the count- to remove the tenant ?ithin 24 hour0 a.ter recei<t o. the order.J &he ?a- the0e 0ummar-
eviction <roceeding0 are >eing carried out in !eno 4u0tice Court <re0entl- 0hocE0 the con0cience and violate0 Nevada
la?. &here i0 not >a0i0 .or e..ectuating a locEout the ?a- 8CS3C0 De<ut- =achem did in thi0 ca0e. &he a>ove t?o
0ection0 containing the I?ithin 24 hour0 o. recei<tJ language are ina<<lica>le" a0 tho0e 0ituation0 do not invoEe the
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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<re0ent circum0tance0" ?here the &enant did .ile an ,..idavit and did conte0t thi0 matter to a degree not o.ten 0een. &o
re@uire NevadaC0 tenant0 to get u< and get out I?ithin 24 hour0J o. Irecei<t o. the orderJ B?hat doe0 that even meanH &he
u0e o. term0 liEe IrenditionJ" IrenderedJ" Inotice o. entr-J" I<ronouncedJ" i0 a>0ent here" and thi0 Irecei<t o. the orderJ
language i0 0omething rarel- .ound el0e?here in Nevada la?'0ee attached D=# 0tatutor- citation0" and in em<lo-ment
la? litigation0 ?here one mu0t .ile a Com<laint ?ithin 9+ da-0 o. Irecei<tJ o. a !ight &o Sue 6etter" a 0ituation ?hich
.ollo?0 N!C/ %B>;" and N!C/ *Be; in im<uting recei<t o. 0uch a letter" ?hen actual recei<t i0 not 0ho?n" >- a<<l-ing a
Icon0tructive noticeJ 0tandard that relie0 u<on the da-0 .or mailing e)ten0ion o. time .or item0 0erved in the mailing"
etc.;. 1n ,>raham v. 8ood0 2ole 3ceanogra<hic 1n0titute" %%3 (.3d 114 B10t Cir. 2++9;" the record did not re.lect ?hen
the <lainti.. received hi0 right'to'0ue letter. &he letter ?a0 i00ued on Novem>er 24" 2++*. &he court calculated that the 9+'
da- <eriod commenced on Novem>er 3+" 2++*" >a0ed on three da-0 .or mailing a.ter e)cluding Saturda-0 and Sunda-0.
1n order to >ring a claim under either &itle #11 or the ,D," a <lainti.. mu0t e)hau0t admini0trative remedie0 and 0ue
?ithin 9+ da-0 o. recei<t o. a right to 0ue letter. See 42 5.S.C. M 2+++e'%B.;B1;. See Bald?in Count- 8elcome Center v.
Bro?n" 4** 5.S. 147" 14$ n.1" 1+4 S.Ct. 1723" $+ 6.Ed.2d 19* B19$4;Bgranting <lainti.. an additional three da-0 .or
mailing <ur0uant to !ule *;....J ...
Dear 8a0hoe Count- Sheri..C0 3..ice"
htt<:NNen.?iEi<edia.orgN?iEiNServiceOo.O<roce00
FSu>0tituted 0ervice
8hen an individual <art- to >e 0erved i0 unavaila>le .or <er0onal 0ervice" man- Auri0diction0 allo? .or 0u>0tituted 0ervice.
Su>0tituted 0ervice allo?0 the <roce00 0erver to leave 0ervice document0 ?ith another re0<on0i>le individual" called a
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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<er0on o. 0uita>le age and di0cretion" 0uch a0 a coha>iting adult or a teenager. 5nder the (ederal !ule0" 0u>0tituted
0ervice ma- onl- >e made at the a>ode or d?elling o. the de.endant.P4Q Cali.ornia" Ne? 7orE"P%Q 1llinoi0" and man- other
5nited State0 Auri0diction0 re@uire that in addition to 0u>0tituted 0ervice" the document0 >e mailed to the reci<ient.P%Q
Su>0tituted 0ervice o.ten re@uire0 a 0erving <art- 0ho? that ordinar- 0ervice i0 im<ractica>le" that due diligence ha0 >een
made to attem<t to maEe <er0onal 0ervice >- deliver-" and that 0u>0tituted 0ervice ?ill reach the <art- and e..ect notice.
P%QF
1 am <rett- 0ure F<er0onall- 0ervedF mean0 -ou 0erved the <er0on in <er0on" not that a <er0on named =achem ?ent and
<o0ted a notice on a door" <er0onall- him0el.. See" 1 thinE -ou gu-0 are thinEing o. the F<er0onF in the ?ord <er0onall- a0
a<<l-ing to the 0erver" ?hen in all in0tance0 1 have ever 0een it u0ed in the la?" the F<er0onF <art o. F<er0onall-F a<<lie0
to the <er0on >eing 0erved. 2el< me out here" =ar-.
htt<0:NN0E-drive.live.comNredir.a0<)HcidR43+$4*3$.32.%.2$Sre0idR43+$4*3$(32(%(2$T1$97S<aridRroot
,l0o" doe0 the 8CS3 have a <o0ition on ?hat t-<e o. 0ervice i0 re@uired o. eviction order0 <rior to the 8CS3 or
?hoever doe0 it" >eing a>le to conduct a locEoutH
htt<:NN???.leg.0tate.nv.u0Ncourtrule0Nnrc<.html
N!C/ !56E *+. !E61E( (!3= 45D:=EN& 3! 3!DE!... Bc; De.ault 4udgment0: De.endant Not /er0onall- Served.
8hen a de.ault Audgment 0hall have >een taEen again0t an- <art- ?ho ?a0 not <er0onall- 0erved ?ith 0ummon0 and
com<laint" either in the State o. Nevada or in an- other Auri0diction" and ?ho ha0 not entered a general a<<earance in the
action" the court" a.ter notice to the adver0e <art-" u<on motion made ?ithin * month0 a.ter the date o. 0ervice o. ?ritten
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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notice o. entr- o. 0uch Audgment" ma- vacate 0uch Audgment and allo? the <art- or the <art-L0 legal re<re0entative0 to
an0?er to the merit0 o. the original action. 8hen" ho?ever" a <art- ha0 >een <er0onall- 0erved ?ith 0ummon0 and
com<laint" either in the State o. Nevada or in an- other Auri0diction" the <art- mu0t maEe a<<lication to >e relieved .rom a
de.ault" a Audgment" an order" or other <roceeding taEen again0t the <art-" or .or <ermi00ion to .ile an an0?er" in
accordance ?ith the <rovi0ion0 o. 0u>divi0ion B>; o. thi0 rule.
3Ea-" 0o" reall-" -ou gu-0 do thi0 .or a living" right...-ou 0erve <eo<le thing0....and 0ign ,..idavit0 under <enalt- o.
<erAur- and 0tu.." and -ou are telling me -ou >elieve F<er0onall- 0ervedF can included 0ituation0 ?here the <er0on ?a0 not
thereH 3Ea-.....7ou do Eno? that" liEe" a Summon0 and Com<laint need to >e F<er0onall- 0ervedF in the 0en0e that" 0a-
=achem" ?ould need to 0ee that <er0on and 0erve it on them B1 donCt thinE the- have to taEe the <a<er" the- donCt need to
agree to acce<t 0ervice" >ut =achem doe0 need to 0ee that <er0on" in <er0on" <er0onall- ?hen he i0 0?earing under
<enalt- o. <erAur- that he F<er0onall- 0ervedF 0ome>od-. 50uall- F<er0onall- 0ervedF i0 onl- done in the ca0e o. the .ir0t
thing .iled Bunle00 there i0 an 1(/; in a ca0e" the Summon0 and Com<laint. &herea.ter" t-<icall-" <eo<le Au0t e..ect
F0u>0tituted 0erviceF >ecau0e it0 chea<er" le00 o. a ha00le" and F<er0onal 0erviceF i0 onl- re@uired .or 0erving the <leading0
that 0tart a ca0e" the Summon0 and Com<laint. 8o?....3Ea-" 0o thi0 i0 m- ?hole <oint" the0e 0tate 0<on0ored locEout0
under color o. 0tate la? 0hould not >e >eing done 0o .a0t" unle00 -ou gu-0 F<er0onall- 0erveF the tenant" 1 .eel the la? i0
@uite clear" -ou have to e..ect F0u>0tituted 0erviceF ?hich" under N!C/ *Ba; and N!C/ *Be; and N!C/ %B>;B2; Band
N!C/" not 4C!C/ i0 a<<lica>le to eviction matter0 according to N!S 11$,; the tenant cannot >e deemed to have
received or con0tructivel- received the 3rder until the 3 da-0 .or mailing ha0 <a00ed.
/er0onal 0ervice >- <roce00 0erver
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/er0onal 0ervice i0 0ervice o. <roce00 directl- to the Bor a; <art- named on the 0ummon0" com<laint or <etition. 1n mo0t
la?0uit0 in the 5nited State0" <er0onal 0ervice i0 re@uired to <rove 0ervice. =o0t 0tate0 allo? 0u>0tituted 0ervice in almo0t
all la?0uit0 unle00 -ou are 0erving a cor<oration" 66C" 66/" or other >u0ine00 entit-9 in tho0e ca0e0" <er0onal 0ervice mu0t
>e achieved >- 0erving Bin hand; the document0 to the F!egi0tered ,gentF o. a >u0ine00 entit-. Some 0tate0 B(lorida; do
not re@uire that the document0 actuall- >e handed to the individual. 1n Cali.ornia and mo0t other 0tate0" the document0
mu0t >e vi0i>le to the <er0on >eing 0erved" i.e." not in a 0ealed envelo<e. 1. the individual re.u0e0 to acce<t 0ervice" .lee0"
clo0e0 the door" etc." and the individual ha0 >een <o0itivel- identi.ied a0 the <er0on to >e 0erved" document0 ma- >e
Fdro<F 0erved" and it i0 con0idered a valid 0ervice. /er0onal 0ervice o. <roce00 ha0 >een the hallmarE .or initialing
litigation .or nearl- 1++ -ear0" <rimaril- >ecau0e it guarantee0 actual notice to a de.endant o. a legal action again0t him or
her. /er0onal 0ervice o. <roce00 remain0 the mo0t relia>le and e..icaciou0 ?a- to >oth en0ure com<liance ?ith
con0titutionall- im<o0ed due <roce00 re@uirement0 o. notice to a de.endant and the o<<ortunit- to >e heard. P2QU &he
National 6a? !evie?: &he Continuing !elevance o. /er0onal Service o. /roce00
,nd even i. 0omething indicate0 Coughlin FEne?F a>out the 3rder" much liEe in the ca0e o. CoughlinC0 that ?a0
di0mi00ed ?here the 8a0hoe Count- Sheri..C0 didnCt manage to get the F<er0onal 0erviceF o. the Summon0 and Com<laint
done in time" or F0u..icientl-F" o<<o0ing coun0el in that matter could tell -ou that Factual noticeF i0 not a 0u>0titute .or
com<liance ?ith the 0ervice re@uirement0.
8hich i0 nice >ecau0e .olE0 liEe !ichard :. 2ill" E0@. have le00 o. an o<<ortunit- to game the 0-0tem and 0?oo< in ?ith
locEout then a00ert a >unch o. hooe- a>out N!S 11$,.4*+ Frea0ona>le 0torage" moving" and inventor-ing e)<en0e0F
0u>Aecting the tenantC0 <er0onal <ro<ert- to a lien. !ichard :. 2ill in0i0ted on thro?ing a?a- the la0t thing m- >eloved
grandmother gave me >e.ore 0he died 2 -ear0 ago in the to?n dum<. 2e and hi0 contractor lied a>out 0o man- thing0"
including the .act that the- u0ed m- o?n damn <l-?ood to >oard u< the >acE <orch o. the <ro<ert-" then 0u>mitted a >ill
to the court in an e)hi>it .or G1"+*+ .or F0ecuringF the <ro<ert- B?hich doe0nCt reall- a<<l- to N!S 11$,.4*+C0
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Frea0ona>le 0torage moving and inventor-ing e)<en0e0F liEe it i0 re@uired to....urther" the charged me G9++ a month .or
0torage and 0ent me a >ill .or 0uch <rior to m- arre0t .or tre0<a00ing at the 121 !iver !ocE location"...?ell i. the- charged
me G9++ to have a home la? o..ice there" then ho? i0 it 0omeone could >e tre0<a00ing i. the- are >eing charged the .ull
rental value .or Fu0e and occu<anc- o. the <remi0e0FH (urther" even i. it ?a0 a 0torage 0ituation0" there are 0ection0 o.
N!S 11$, devoted to evicting 0omeone .rom a 0torage .acilit-" not arre0ting them .or tre0<a00" and certainl- not a
cu0todial arre0t ?here the !/D 3..icer Carter and Sargent 6o<eD admit the- never i00ued a ?arning to me or a0Eed me to
leave <rior to conducting a cu0todial arre0t B?hich re@uired G$++ o. >ail" greatT" and 3 da-0 in Aail" no le00;. &hi0 i0
e0<eciall- <oor .orm ?here 3..icer Carter admitted to me that he taEe0 >ri>e0 .rom !ichard 2ill. 2e-" i. 3..icer Carter
did not 0a- that to me" go ahead and 0ue me" m- man....1Cm ?aiting.....thatC0 ?hat 1 thought.
2e can 0a- he ?a0 AoEing all he ?ant0" >ut it ainCt no AoEing a00 0ituation to me ?hen -ou are arre0ting me and cau0ing a
google 0earch re0ult .or m- name to 0ho? an arre0t....thatC0 damaging the onl- thing 1 have o. monetar- value Bm-
<ro.e00ional re<utation and name;. 1t ainCt no 0tand u< hour ?hen -ou are <utting me in cu..0" >ro. ,nd 3..icer Carter and
Sargent 6o<eD re.u0ed to <ro<erl- @uer- 2ill a0 to ?hether he had 0ent me" <rior to the tre0<a00ing arre0t" a >ill .or the
F.ull rental valueF o. the <ro<ert-" a value that" at G9++" ?a0 the 0ame charge .or the .ull Fu0e and occu<anc-F o. the
<remi0e0. ,nd !ichard :. 21ll" E0@. ?a0 too >u0- chortling and .illing out the Criminal Com<laint to >other 0etting them
0traight" de0<ite m- cue0" 1 gue00.
No?" add to that mal.ea0ance the .act that 4udge S.erraDDa let Ca0e- BaEer" E0@. <re<are the 3rder" ?hich mean0
.aith.ull- <ut to ?riting ?hat the 4udge announced" not attem<t to 0teal G2"27% .or -our Cali.ornian Beverl- 2ill0 2igh
School graduate neuro0urgeon client >- 0li<<ing in 0omething the Audge never 0aid" ie" that the neuro0urgeon get0 to Eee<
the G2"27% that 4udge S.erraDDa order the tenant to <a- into the !eno 4u0tice Court a0 a Frent e0cro?F de<o0it re@uired to
<re0erve the right to litigate ha>ita>ilit- i00ue0. No?" nevermind the .act that 4udge S.erraDDa actuall- did not have the
Auri0diction to re@uire that Bthere i0 not 4C!6# 44 in !eno" thatC0 a #ega0 rule" and i. !eno ?ant0 a rule liEe that o. it0
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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o?n 4C!C/ $3 re@uire0 the !4C to <u>li0h it and get it a<<roved >- the Nevada Su<reme Court .ir0t....<eriod.;. 3Ea-" 0o"
to taEe it a 0te< even .urther" BaEerC0 order goe0 on to 0a- F>ut the G2"27% ?onCt >e relea0ed to the neuro0urgeon -et"
Fin0tead that 0um 0hall 0erve a0 0ecurit- .or CoughlinC0 co0t on a<<eal" <ur0uant to Nevada 4C!C/ 73...F. But ?ait" doe0nCt
that mean Coughlin then get0 a Sta- o. Eviction during the <endenc- o. the ,<<ealH 10ntC that ?a0 a 0ecurit- that large
mu0t >e .orH Becau0e the F,<<eal BondF i0 0et >- 0tatute at onl- a mere G2%+....0o holding on to 1+ time0 that much o.
CoughlinC0 ca0h mu0t have >een .or the FSu<er0edea0 BondF mentioned a -ielding one a Sta- o. Eviction in N!S 4+.3$+
and 4+.3$%.
1 Eno?" 1 Eno?" it0 con.u0ing >ecau0e actuall- tho0e 0ection0 .orce the landlord" hi0 attorne-0 and the !4C to choo0e
>et?een vie?ing Coughlin a0 a re0idential tenant ?ho0e rent i0 le00 than G1"+++" and ?hom there.ore i0 onl- re@uired to
<o0t a mea0l- 0u<er0edea0 >ond o. G2%+ Band remem>er" a 0u<er0edea0 >ond e@ual0 a 0ta- o. eviction e@ual0 not
tre0<a00ing; or the the other choice i0 to vie? Coughlin a0 a commercial tenant" ?hich ?ould allo? charging a higher
0u<er0edea0 >ond Be)ce<t .or that <e0E- <art a>out hi0 rent >eing under the G1"+++ re@uired >- the 0tatute to do 0o" hi0
rent >eing onl- G9++;" e)ce<t" darn it" old !ichard :. 2ill" E0@. and Ca0e- BaEer" E0@. elected to <ur0ue thi0 0ummar-
eviction <roceeding under a No Cau0e Eviction Notice" ?hich i0 not allo?ed again0t a commercial tenant Bie" -ou canCt
evict a commercial tenant u0ing the 0ummar- eviction <rocedure0 0et .orth in N!S 4+.2%3 unle00 -ou alllege non <a-ment
o. rent and 0erve a 3+ Da- Non /a-ment o. !ent Notice &o Vuit" ?hich the- didnCt >ecau0e the- Fare Au0t taEing the <ath
o. lea0t re0i0tance here" 7our 2onor Bin0ert their 0mug chucEling and o>no)iou0N<retentiou0 Fcan -ou >elieve thi0 gu-HF
laughter and head 0haEing...;.
N!S 4+.3$+ /rovi0ion0 governing a<<eal0. Either <art- ma-" ?ithin 1+ da-0" a<<eal .rom the Audgment rendered. But an
a<<eal >- the de.endant 0hall not 0ta- the e)ecution o. the Audgment" unle00" ?ithin the 1+ da-0" the de.endant 0hall
e)ecute and .ile ?ith the court or Au0tice the de.endantL0 undertaEing to the <lainti.." ?ith t?o or more 0uretie0" in an
amount to >e .i)ed >- the court or Au0tice" >ut ?hich 0hall not >e le00 than t?ice the amount o. the Audgment and co0t0" to
the e..ect that" i. the Audgment a<<ealed .rom >e a..irmed or the a<<eal >e di0mi00ed" the a<<ellant ?ill <a- the Audgment
and the co0t o. a<<eal" the value o. the u0e and occu<ation o. the <ro<ert-" and damage0 Au0tl- accruing to the <lainti..
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during the <endenc- o. the a<<eal. 5<on taEing the a<<eal and .iling the undertaEing" all .urther <roceeding0 in the ca0e
0hall >e 0ta-ed.
So" ?h- on earth i0 the Cit- ,ttorne-C0 3..ice 0till tr-ing to tr- Coughlin on the tre0<a00 charge .or ?hich he endured a
cu0todial arre0t and .or ?hich old !ichard 2ill i0 0till .iling =otionC0 to Sho? Cau0e on in the a<<eal o. the 0ummar-
eviction matter in C#11'+3*2$H 8h-" oh ?h-H Doe0 the !eno Cit- ,ttorne-C0 3..ice have 0ome 0ort o. ve0ted intere0t in
Eee<ing Coughlin do?n" >u0-" >e0otted" encum>ered" or other?i0eH 1t" ?h-" it couldnCt >e >ecau0e Coughlin ha0 a reall-
good ?rong.ul arre0t cau0e o. action again0t the !eno /olice De<artment" could itH htt<:NN???.-outu>e.comN?atchH
vR%/!7@431%>+
,nd" ?ell" -eah the 8a0hoe Count- Sheri..C0 3..ice didnCt @uite get tho0e Summon0 and Com<laint0 0erved in that one
ca0e Coughlin ?a0 0uing hi0 .ormer em<lo-er in" the one ?here Coughlin ?a0 granted an 3rder to /roceed 1n (orma
/au<eri0" ?hich re@uired the 8a0hoe Count- Sheri..C0 3..ice to 0erve the Summon0 and Com<laint0....But ?hat doe0 that
have to to ?ith the * da-0 Coughlin 0<ent in Aail on the arre0t 0ho?n in the -outu>e video a>oveH 1t0 not liEe the 8a0hoe
Count- Aailed videota<ed a 0cene ?here the- ?ere .orcing Coughlin to get naEed and <ut on a green dre00. 8hatC0 thatH 1t
i0H &he- did do thatH !eall-H No...8hatH &he- al0o .orced him to 0imulate oral and anal 0e) ?ith de<utie0" in the gui0e o.
0ome ridiculou0 F<rocedureF nece00ar- to in0ure De<ut- 0a.et-H 3h" ?o?. ,nd the- retaliated again0t him .or .ailing to
an0?er their religiou0 <re.erence interrogation @ue0tion0 >- <lacing him in an ic- cold cell .or hour0 at a time" re.u0ing
him medical care de0<ite hi0 <laintive crie0 .or hel<" ?hile ?earing a thin t'0hirtH 8o?. &he- didnCt Aam a ta0er needle in
hi0 0<ine .or e)tended <eriod0 o. time" though" did the-H 7our EiddingT 8hat0 ne)t" -our going tell me Sargent Sig.ree o.
the !eno /D ordered a cu0todial arre0t on Coughlin .or FAa-?alEingF ?hile Coughlin ?a0 <eace.ull- .ilming" .rom a
<u>lic 0<ot" !ichard :. 2illC0 .raudulent contractor /hil 2o?ard de0tro-ing and taEing to the to?n dum< item0 o.
enormou0 0entimental value to Coughlin that he ?a0 <revented .rom retrieving .rom the <ro<ert- during the 0cant time he
?a0 allo?ed to Ba.ter he <aid G4$+ ?orth o. a lien .or ?hat he Ene? not" >ecau0e" de0<ite" olC Contractor /hilC0 .raudulent
G1"+*+ >ill .or F0ecuringF the >acE <orch B?ith 0cre?0 .acing the out0ide" ine)<lica>l-" and a ?indo? unit aNc le.t in the
?indo? .acing the 0ide?alE near the 6aEemill 6odge" 0ecured >- nothing >ut duct ta<e
1t i0 Eind o. a com>o neon 0ign that 0a-0 FBurglariDe thi0 /lace" Ever->od-TF;" CoughlinC0 .ormer home la? o..ice ?a0
>urglariDed on Decem>er 12" 2+11 ?hile !ichard :. 2ill ?a0 holding it0 content0 Bincluding" tacEil-" CoughlinC0 clientC0
.ile0" liEe the one0 .or the .oreclo0ure de.en0e action0" etc.;" a00erting hi0 FlienF. , lien .or F0torageF ?here the charge .or
0torage" G9++" ?a0 the 0ame a0 the charge .or F.ull u0e and occu<an-F ?a0. 2o?ever" that G9++ a month .or F0torageF al0o
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included another G1"+*+ charge .or F0ecuringF Band that >ill actuall- li0ted F.i)ing a leaE in the >a0ement...neither o.
?hich 0eem to have much to do ?ith the Frea0ona>le 0torage" moving" and inventor-ingF e)<en0e0 0uch a lien i0 <rovided
.or under N!S 11$,.4*+....;. 4eeD" -our <ro>a>l- going to tell me Sargent Sig.ree ordered another cu0todial arre0t on
Coughlin Au0t t?o da-0 a.ter the Aa-?alEing arre0t" .or the 0ame .act <attern that =a0ter Edmond0on granted CoughlinC0
a<<lication0 .or /rotection0 3rder0 again0t >a0ed u<on the >atter- and a00ault0 that hi0 .ormer hou0emate0 committed.
Becau0e" Sargent Sig.ree thinE0 it0 Fmi0u0e o. 911F .or Coughlin to call ?hen he return0 home at night and hi0 dog ha0
m-0teriou0l- di0a<<eared" and hi0 hou0emate0 maEe menacing commentar- a>out it. Surel-" Coughlin" a .ormer dome0tic
violence attorne- ?ould have nothing hel<.ul to add to Sargnet Sig.reeC0 e)<ert o<inion that Fanimal a>u0e i0 not
dome0tic violenceF Btell that to N!S 33.+1+" Sarge; and that it0" rather" Fa matter .or animal controlF and that Sargent
Sig.ree ?a0 Ftr-ing to hel<F Coughlin >- arre0ting him" again" and nece00itating the G1"%++ >ail a00ociated ?ith the gro00
mi0demeanor charge" F=i0u0e o. 911F >ecau0e" a0 Sargent Sig.ree told Coughlin F-ou Eee< <utting -our0el. in 0ituation0
?here -ou are victimiDedF 0o it ?a0 nece00ar- to arre0t Coughlin in that regard.
But he-" at lea0t N# Energ- ha0nCt re.u0ed to let Coughlin get an- electrical 0ervice .or the <a0t ?eeE 0ince tho0e
?ith the /rotection 3rder0 again0t them cancelled the 0ervice and N# Energ- 0hut it o.." ?ithout <roviding an- notice to
Coughlin" right. Nevermind. But...>ut 0urel- ?hen N# Energ- 0hut o. the <o?er to CoughlinC0 home la? o..ice on
3cto>er 4th" 2+11" Au0t hour0 <rior to the >ad .aith Fin0<ectionF ?ith videogra<her o. CoughlinC 0 home la? o..ice that
Ca0e- BaEer" E0@. thought 0o ver- nece00ar- one da- >e.ore CoughlinC0 &enant ,n0?er ?a0 due...0urel- N# Energ- did
not leave the >acE gate to CoughlinC0 home la? o..ice o<en and 0<eed o.." CoughlinC0 >eloved mountain >iEe 0uddenl-
mi00ing Bthe one the <arent0 o. hi0 girl.riend o. % -ear0 gave him;H 8ell" N# Energ- i0 <ro>a>l- not retaliating again0t
Coughlin .or com<laining a>out that >- re.u0ing him electric 0ervice .or the <a0t 0even da-0" -ou ?ould have to a00ume....
N!S 4+.3$% Sta- o. e)ecution u<on a<<eal9 dut- o. tenant ?ho retain0 <o00e00ion o. <remi0e0 to <a- rent during 0ta-.
5<on an a<<eal .rom an order entered <ur0uant to N!S 4+.2%3:
1.E)ce<t a0 other?i0e <rovided in thi0 0u>0ection" a 0ta- o. e)ecution ma- >e o>tained >- .iling ?ith the trial
court a >ond in the amount o. G2%+ to cover the e)<ected co0t0 on a<<eal. , 0uret- u<on the >ond 0u>mit0 to the
Auri0diction o. the a<<ellate court and irrevoca>l- a<<oint0 the clerE o. that court a0 the 0uret-L0 agent u<on ?hom <a<er0
a..ecting the 0uret-L0 lia>ilit- u<on the >ond ma- >e 0erved. 6ia>ilit- o. a 0uret- ma- >e en.orced" or the >ond ma- >e
relea0ed" on motion in the a<<ellate court ?ithout inde<endent action. , tenant o. commercial <ro<ert- ma- o>tain a 0ta-
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o. e)ecution onl- u<on the i00uance o. a 0ta- <ur0uant to !ule $ o. the Nevada !ule0 o. ,<<ellate /rocedure and the
<o0ting o. a 0u<er0edea0 >ond in the amount o. 1++ <ercent o. the un<aid rent claim o. the landlord.
2. , tenant ?ho retain0 <o00e00ion o. the <remi0e0 that are the 0u>Aect o. the a<<eal during the <endenc- o. the a<<eal
0hall <a- to the landlord rent in the amount <rovided in the underl-ing contract >et?een the tenant and the landlord a0 it
>ecome0 due. 1. the tenant .ail0 to <a- 0uch rent" the landlord ma- initiate ne? <roceeding0 .or a 0ummar- eviction >-
0erving the tenant ?ith a ne? notice <ur0uant to N!S 4+.2%3.
N!S 4+.39+ ,<<ellate court not to di0mi00 or @ua0h <roceeding0 .or ?ant o. .orm. 1n all ca0e0 o. a<<eal under N!S
4+.22+ to 4+.42+" inclu0ive" the a<<ellate court 0hall not di0mi00 or @ua0h the <roceeding0 .or ?ant o. .orm" <rovided the
<roceeding0 have >een conducted 0u>0tantiall- according to the <rovi0ion0 o. N!S 4+.22+ to 4+.42+" inclu0ive9 and
amendment0 to the com<laint" an0?er or 0ummon0" in matter0 o. .orm onl-" ma- >e allo?ed >- the court at an- time
>e.ore .inal Audgment u<on 0uch term0 a0 ma- >e Au0t9 and all matter0 o. e)cu0e" Au0ti.ication or avoidance o. the
allegation0 in the com<laint ma- >e given in evidence under the an0?er.
N!S 4+.4++ !ule0 o. <ractice. &he <rovi0ion0 o. N!S" Nevada !ule0 o. Civil /rocedure and Nevada !ule0 o. ,<<ellate
/rocedure relative to civil action0" a<<eal0 and ne? trial0" 0o .ar a0 the- are not incon0i0tent ?ith the <rovi0ion0 o. N!S
4+.22+ to 4+.42+" inclu0ive" a<<l- to the <roceeding0 mentioned in tho0e 0ection0.
But" >acE to the Sheri..C0 3..ice. ,nd" 1 am not reall- >u-ing the idea that -ou gu-0 donCt Eno? N!C/ 4 through * liEe
the >acE o. -our hand" >ut....hell" ma->e -ou donCt. But" clearl- the language in N!S 4+ a>out ho? the Sheri.. ma-
Fremove tenant .rom the <ro<ert- ?ithin 24 hour0 o. recei<t o. the 3rderF do not a<<l- ?here the &enant .iled a &enantC0
,n0?er and 0ho?ed u< to the 2earing and litigated the matter. E0<eciall- ?here" a0 here the lea0e had not terminated" >-
it0 term0" >ut ?a0 rather rene?ed. &hi0 i0 <articularl- true ?here N!S 11$, <revent0 0o terminating a holdover tenantC0
lea0e .or a retaliator- or di0criminator- <ur<o0e.
N!C/ 4: FBd; Summon0: /er0onal Service. &he 0ummon0 and com<laint 0hall >e 0erved together. &he <lainti..
0hall .urni0h the <er0on maEing 0ervice ?ith 0uch co<ie0 a0 are nece00ar-. Service 0hall >e made >- delivering a co<- o.
the 0umon0 attached to a co<- o. the com<laint a0 .ollo?0:...B*; Service 5<on 1ndividual0. 1n all other ca0e0 to the
de.endant <er0onall-" or >- leaving co<ie0 thereo. at the de.endantL0 d?elling hou0e or u0ual <lace o. a>ode ?ith 0ome
<er0on o. 0uita>le age and di0cretion then re0iding therein" or >- delivering a co<- o. the 0ummon0 and com<laint to an
agent authoriDed >- a<<ointment or >- la? to receive 0ervice o. <roce00. P,0 amended9 e..ective 4anuar- 1" 2++%.Q Be;
Same: 3ther Service. B1; Service >- /u>lication. Bi; :eneral. 1n addition to method0 o. <er0onal 0ervice" ?hen the <er0on
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on ?hom 0ervice i0 to >e made re0ide0 out o. the 0tate" or ha0 de<arted .rom the 0tate" or cannot" a.ter due diligence" >e
.ound ?ithin the 0tate" or >- concealment 0eeE0 to avoid the 0ervice o. 0ummon0" and the .act 0hall a<<ear" >- a..idavit" to
the 0ati0.action o. the court or Audge thereo." and it 0hall a<<ear" either >- a..idavit or >- a veri.ied com<laint on .ile" that
a cau0e o. action e)i0t0 again0t the de.endant in re0<ect to ?hom the 0ervice i0 to >e made" and that the de.endant i0 a
nece00ar- or <ro<er <art- to the action" 0uch court or Audge ma- grant an order that the 0ervice >e made >- the <u>lication
o. 0ummon0. /rovided" ?hen 0aid a..idavit i0 >a0ed on the .act that the <art- on ?hom 0ervice i0 to >e made re0ide0 out o.
the 0tate" and the <re0ent addre00 o. the <art- i0 unEno?n" it 0hall >e a 0u..icient 0ho?ing o. 0uch .act i. the a..iant 0hall
0tate generall- in 0uch a..idavit that at a <reviou0 time 0uch <er0on re0ided out o. thi0 0tate in a certain <lace Bnaming the
<lace and 0tating the late0t date Eno?n to a..iant ?hen 0uch <art- 0o re0ided there;9 that 0uch <lace i0 the la0t <lace in
?hich 0uch <art- re0ided to the Eno?ledge o. a..iant9 that 0uch <art- no longer re0ide0 at 0uch <lace9 that a..iant doe0 not
Eno? the <re0ent <lace o. re0idence o. 0uch <art- or ?here 0uch <art- can >e .ound9 and that a..iant doe0 not Eno? and
ha0 never >een in.ormed and ha0 no rea0on to >elieve that 0uch <art- no? re0ide0 in thi0 0tate9 and" in 0uch ca0e" it 0hall
>e <re0umed that 0uch <art- 0till re0ide0 and remain0 out o. the 0tate" and 0uch a..idavit 0hall >e deemed to >e a 0u..icient
0ho?ing o. due diligence to .ind the de.endant. &hi0 rule 0hall a<<l- to all manner o. civil action0" including tho0e .or
divorceF
Su>Aect: !E: 8CS3 De<ut- =achemC0 F<er0onall- 0ervedF ,..idavit o. 11N1N2+11
Date: &ue" 7 (e> 2+12 11:4+:39 '+$++
(rom: 6StuchellW?a0hoecount-.u0
&o: DachcoughlinWhotmail.com
CC: mEandara0Wda.?a0hoecount-.u0
=r. Coughlin"
3ur record0 indicate that the eviction conducted on that da- ?a0 <er0onall- 0erved >- De<ut- =achen >- <o0ting a co<-
o. the 3rder to the re0idence. &he re0idence ?a0 unoccu<ied at the time.
6iD Stuchell" Su<ervi0or
8CS3 Civil Section
(rom: Zach Coughlin Pmailto:DachcoughlinWhotmail.comQ
Sent: =onda-" (e>ruar- +*" 2+12 2:%$ ,=
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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&o: Stuchell" 6iD9 Xandara0" =ar-9 nvreno<dWco<logic.com9 Silva" !o)anna9 EadlicAWreno.gov9
.ourthe0tateWgmail.com9 Aame0andre>ole0Wm0n.com
Su>Aect: 8CS3 De<ut- =achemC0 F<er0onall- 0ervedF ,..idavit o. 11N1N2+11
Dear 1, Su<ervi0or Stuchell and DD, Xandara0"
1 realiDe -ou ?ill liEel- not read all o. thi0. &he main thing i0 1 am re0<ect.ull- re@ue0ting that -ou con.irm ?ith De<ut-
=achem that he did" in .act" F<er0onall- 0erveF the Summar- Eviction 3rder on me at 121 !iver !ocE St." !eno $9%+1 on
Novem>er 1" 2+11 at 4:3+ <m" in connection ?ith <er.orming the locEout. 1t i0 m- <o0ition that 1 ?a0 not F<er0onall-
0ervedF and 1 am tr-ing to .igure out ?hether De<ut- =achem i0 l-ing or ?hether the <hra0e F<er0onall- 0ervedF mean0
0omething other than ?hat 1 >elieve it mean0" etc." etc. 1 a<<reciate -our attention to thi0.
1 am ?riting to in@uire a>out and com<lain ?ith regard to an ,..idavit o. Service .iled >- or .or 8CS3 De<ut- =achem
?ith re0<ect to the 0ervice o. a 3rder :ranting Summar- Eviction again0t me Bin m- la? o..ice ?here non'<a-ment o.
rent ?a0 not alleged" no le00 in violation o. N!S 4+.2%3 and ?here a G2"27% rent e0cro? de<o0it ?a0 .oi0ted u<on me in
violation o. 4+.2%3B*;" e0<eciall- ?here a 0ta- o. eviction ?a0 not granted even ?hile the !4C held on to mo0t all m-
mone-...;.
=- i00ue ?ith the 8CS3 i0 that =achemC0 ,..idavit o. Service indicate0 that he F<er0onall- 0ervedF me" ?hich Eind o.
remind0 me o. all that ro>o'0igning and =E!S .raud 1 come acro00 in m- da- Ao> Band do -ou ?onder ho? man-
attorne-0 in the .oreclo0ure de.en0e game 1 am in con0tant contact ?ith ?ho are ?atching and ?itne00 the <otential !1C3
violation0 thi0 ?riting mention0H;" ?hich include0 >eing a .oreclo0ure de.en0e attorne-. So ?hich i0 itH Did =achem
F<er0onall- 0erveF me the Summar- Eviction 3rderH !ichard :. 2ill" E0@. liEe0 to argue that 1 ?a0 F0ervedF in
com<liance ?ith all time related rule0 >ecau0e it ?a0 done in the Fu0ual cu0tom and <ractice o. the 8CS3. 8hat" e)actl-"
i0 the Fu0ual cu0tom and <ractice o. the 8CS3H 1 hear a lot a>out thi0 F?ithin 24 hour0F 0tu... So" 1 go hunting .or 0ome
>lacE letter la? to 0u<<ort ?hat tho0e at the !4C and in the cluele00 communit- at large B?hich o.ten include0 Nevada
6egal Service0 and 8a0hoe 6egal Service0" the <eo<le -ou gu-0 had 0uch trou>le actuall- 0erving in the la?0uit0 1 .iled"
?hich ma- have actuall- hel<ed im<roved legal 0ervice0 in thi0 communit-" i. the- ?ere not di0mi00ed due to
in0u..icienc- o. 0ervice o. <roce00" even ?here the 1(/ re@uired the 8CS3 to 0erved the de.endant0....;. ,n-?a-" >acE to
the F?ithin 24 hour0F <hra0eolog-: F
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&hi0 ?hole >u0ine00 a>out I&he court ma- thereu<on i00ue an order directing the 0heri.. or con0ta>le o. the count- to
remove the tenant ?ithin 24 hour0 a.ter recei<t o. the order...J i0 ina<<lica>le to thi0 0ituation" ?here an 3rder :ranting
Summar- Eviction ?a0 0igned >- 3cto>er 27th" 2+11. &hat language i0 onl- .ound in 0ituation0 ina<<lica>le to the
current one. N!S 4+.2%3B3;B>;B2;" and N!S 4+.2%3B%;Ba; are the onl- 0ection0 o. N!S 4+ ?here thi0 I?ithin 24 hour0J
language occur0" and tho0e 0ituation0 onl- a<<l- ?here" in:
4+.2%3B3;B>;B2;: I 3. , notice 0erved <ur0uant to 0u>0ection 1 or 2 mu0t: ...B>; ,dvi0e the tenant: K. B2; &hat i. the court
determine0 that the tenant i0 guilt- o. an unla?.ul detainer" the court ma- i00ue a 0ummar- order .or removal o. the tenant
or an order <roviding .or the nonadmittance o. the tenant" directing the 0heri.. or con0ta>le o. the count- to remove the
tenant ?ithin 24 hour0 a.ter recei<t o. the orderJ
and"
4+.2%3B%;Ba;: I%. 5<on noncom<liance ?ith the notice: Ba; &he landlord or the landlordL0 agent ma- a<<l- >- a..idavit o.
com<laint .or eviction to the Au0tice court o. the to?n0hi< in ?hich the d?elling" a<artment" mo>ile home or commercial
<remi0e0 are located or to the di0trict court o. the count- in ?hich the d?elling" a<artment" mo>ile home or commercial
<remi0e0 are located" ?hichever ha0 Auri0diction over the matter. &he court ma- thereu<on i00ue an order directing the
0heri.. or con0ta>le o. the count- to remove the tenant ?ithin 24 hour0 a.ter recei<t o. the order.J &he ?a- the0e 0ummar-
eviction <roceeding0 are >eing carried out in !eno 4u0tice Court <re0entl- 0hocE0 the con0cience and violate0 Nevada
la?. &here i0 not >a0i0 .or e..ectuating a locEout the ?a- 8CS3C0 De<ut- =achem did in thi0 ca0e. &he a>ove t?o
0ection0 containing the I?ithin 24 hour0 o. recei<tJ language are ina<<lica>le" a0 tho0e 0ituation0 do not invoEe the
<re0ent circum0tance0" ?here the &enant did .ile an ,..idavit and did conte0t thi0 matter to a degree not o.ten 0een. &o
re@uire NevadaC0 tenant0 to get u< and get out I?ithin 24 hour0J o. Irecei<t o. the orderJ B?hat doe0 that even meanH &he
u0e o. term0 liEe IrenditionJ" IrenderedJ" Inotice o. entr-J" I<ronouncedJ" i0 a>0ent here" and thi0 Irecei<t o. the orderJ
language i0 0omething rarel- .ound el0e?here in Nevada la?'0ee attached D=# 0tatutor- citation0" and in em<lo-ment
la? litigation0 ?here one mu0t .ile a Com<laint ?ithin 9+ da-0 o. Irecei<tJ o. a !ight &o Sue 6etter" a 0ituation ?hich
.ollo?0 N!C/ %B>;" and N!C/ *Be; in im<uting recei<t o. 0uch a letter" ?hen actual recei<t i0 not 0ho?n" >- a<<l-ing a
Icon0tructive noticeJ 0tandard that relie0 u<on the da-0 .or mailing e)ten0ion o. time .or item0 0erved in the mailing"
etc.;. 1n ,>raham v. 8ood0 2ole 3ceanogra<hic 1n0titute" %%3 (.3d 114 B10t Cir. 2++9;" the record did not re.lect ?hen
the <lainti.. received hi0 right'to'0ue letter. &he letter ?a0 i00ued on Novem>er 24" 2++*. &he court calculated that the 9+'
da- <eriod commenced on Novem>er 3+" 2++*" >a0ed on three da-0 .or mailing a.ter e)cluding Saturda-0 and Sunda-0.
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1n order to >ring a claim under either &itle #11 or the ,D," a <lainti.. mu0t e)hau0t admini0trative remedie0 and 0ue
?ithin 9+ da-0 o. recei<t o. a right to 0ue letter. See 42 5.S.C. M 2+++e'%B.;B1;. See Bald?in Count- 8elcome Center v.
Bro?n" 4** 5.S. 147" 14$ n.1" 1+4 S.Ct. 1723" $+ 6.Ed.2d 19* B19$4;Bgranting <lainti.. an additional three da-0 .or
mailing <ur0uant to !ule *;.
(urther" de0<ite ?hat the inaccurate handout0 o. Nevada 6egal Service0 ma- 0a- a>out thi0 I24 hour0J and the
a<<lica>ilit- o. the 4C!C/ to ca0e0 liEe the0e" N!S 4+.4++ !ule0 o. <ractice" hold0 that :J&he <rovi0ion0 o. N!S" Nevada
!ule0 o. Civil /rocedure and Nevada !ule0 o. ,<<ellate /rocedure relative to civil action0" a<<eal0 and ne? trial0" 0o .ar
a0 the- are not incon0i0tent ?ith the <rovi0ion0 o. N!S 4+.22+ to 4+.42+" inclu0ive" a<<l- to the <roceeding0 mentioned
in tho0e 0ection0. ,0 0uch N!C/ *Ba;"Be; a<<lie0 to the 3rder o. Summar- Eviction that 8CS3 De<ut- =achem alleged"
under <enalt- o. <erAur-" that he F<er0onall- 0ervedF u<on me on Novem>er 1" 2+11. &hat i0 a lie >- =r. =achem" unle00
F<er0onall- 0ervedF i0 de.ined in a rather im<er0onal ?a- and or =achem and 1 have totall- di..erent under0tanding o. the
de.inition o. F<er0onall- 0ervedF" ?hich ma- >e the ca0e. 3r" <erha<0 the Sheri..C0 3..ice i0 >u0- and doe0nCt ?ant to ?ait
around to F<er0onall- 0erveF ever- tenant it ?i0he0 to evict. (ine" then Au0t u0e the Fmail it and allo? three da-0F rule in
N!C/ *Be;...the landlordC0 might not liEe it" >ut the- can u0e that .ru0tration a0 an incentive not to Aum< to litigating ever-
di0agreement a>out ha>ita>ilit- that a tenant >ring0 to them. 7ou ma- not realiDe ho? ridiculou0 0ome landlordC0 get. 1n
m- ca0e" 1 o..ered to .i) >a0ic thing0 that clearl- im<licated the ha>ita>ilit- rule0 in N!S 11$,.29+ and the Cali.ornian
neuro0urgeon" Beverl- 2ill 2igh School graduate landlord >alEed and com<lained then hired and attorne- .our da-0 into
a di0<ute.....at ?hich <oint the rule0 again0t contacting re<re0ented <artie0 <revented much in the ?a- o. real 0ettlement
di0cu00ion" <articularl- ?here o<<o0ing coun0el ha0 continuou0l- demon0trated a com<lete indi..erence to <ur0uing
0ettlement B?h- ?ould he at the rate0 he >ill0 hour0 atH;. 1 Au0t donCt thinE the Sheri..C0 3..ice need0 to 0ull- it0 image or
damage the citiDen tenant0 o. 8a0hoe Count- in the name o. <lea0ing <eo<le liEe Dr. =att =erli00 or !ichard :. 2ill"
E0@.
1 ,= !EV5ES&1N:" 1N 8!1&1N:" &2,& B3&2 3( 735! 3((1CES 1N#ES&1:,&E &21S ,ND
/!3#1DE , S83!N ,((1D,#1& (!3= =!. =,C2E= &2,& ,D=1&S &2,& 1 8,S N3& /E!S3N,667
/!ESEN& 82EN 2E SE!#ED &2E 3!DE! (3! S5==,!7 E#1C&13N 1N !4C !E#2+11'++17+$ 3N 11N1N12
,& 4:3+ /= B,CC3!D1N: &3 21S ,((1D,#1& 3( SE!#1CE;. 735 NE#E! XN38" 1 =1:2& 2,#E
1!!E(5&,B6E /!33( &2,& 1 8,S S3=E82E!E E6SE ,& &2,& &1=E" S3" BE C,!E(56. &here 0im<l- i0
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01256
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not an-thing 0<eci.ic in Nevada la? addre00ing ho? 0uch Summar- Eviction 3rder0 are to >e 0erved and carried out. &he
0ection0 dealing ?ith
N!S 4+.2%3 5nla?.ul detainer: Su<<lemental remed- o. 0ummar- eviction and e)clu0ion o. tenant .or de.ault in
<a-ment o. rent....
*. 5<on the .iling >- the tenant o. the a..idavit <ermitted in 0u>0ection 3" regardle00 o. the in.ormation contained in the
a..idavit" and the .iling >- the landlord o. the a..idavit <ermitted >- 0u>0ection %" the Au0tice court or the di0trict court
0hall hold a hearing" a.ter 0ervice o. notice o. the hearing u<on the <artie0" to determine the truth.ulne00 and 0u..icienc- o.
an- a..idavit or notice <rovided .or in thi0 0ection. 1. the court determine0 that there i0 no legal de.en0e a0 to the alleged
unla?.ul detainer and the tenant i0 guilt- o. an unla?.ul detainer" the court ma- i00ue a 0ummar- order .or removal o. the
tenant or an order <roviding .or the nonadmittance o. the tenant....
7. &he tenant ma-" u<on <a-ment o. the a<<ro<riate .ee0 relating to the .iling and 0ervice o. a motion" .ile a motion ?ith
the court" on a .orm <rovided >- the clerE o. the court" to di0<ute the amount o. the co0t0" i. an-" claimed >- the landlord
<ur0uant to N!S 11$,.4*+ or 11$C.23+ .or the inventor-" moving and 0torage o. <er0onal <ro<ert- le.t on the <remi0e0.
&he motion mu0t >e .iled ?ithin 2+ da-0 a.ter the 0ummar- order .or removal o. the tenant or the a>andonment o. the
<remi0e0 >- the tenant" or ?ithin 2+ da-0 a.ter:
Ba; &he tenant ha0 vacated or >een removed .rom the <remi0e09 and
B>; , co<- o. tho0e charge0 ha0 >een re@ue0ted >- or <rovided to the tenant"
Y ?hichever i0 later.
$. 5<on the .iling o. a motion <ur0uant to 0u>0ection 7" the court 0hall 0chedule a hearing on the motion. &he hearing
mu0t >e held ?ithin 1+ da-0 a.ter the .iling o. the motion. &he court 0hall a..i) the date o. the hearing to the motion and
order a co<- 0erved u<on the landlord >- the 0heri.." con0ta>le or other <roce00 0erver. ,t the hearing" the court ma-:
Ba; Determine the co0t0" i. an-" claimed >- the landlord <ur0uant to N!S 11$,.4*+ or 11$C.23+ and an- accumulating
dail- co0t09 and
B>; 3rder the relea0e o. the tenantL0 <ro<ert- u<on the <a-ment o. the charge0 determined to >e due or i. no charge0 are
determined to >e due....F
1 al0o ?ant to Eno? ?h- N!S 4+. 2%3B$; ?a0 not .ollo?ed ?ith re0<ect to m- Novem>er 17th" 2+11 .iling o. a
=otion to Conte0t /er0onal /ro<ert- 6ien. 8h- didnCt the 8CS3 0erve notice" a0 re@uired >- N!S 4+.2%3B$; u<on the
landlordC0 attorne- !ichard 2illH 8h- didnCt 1 get a hearing ?ithin the 1+ da-0 called called .or >- that 0ection Bto get
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01257
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>acE m- clientC0 .ile0 no le00;" >ut rather" 1 had to ?ait a .ull 33 da-0 to get a hearing" and 0ervice o. notice o. the hearing
?a0 not e..ectuated" a0 re@uired >- N!S 4+.23%B$;" >- the 8CS3. 8h-H
/lea0e <rovide an indication" in ?riting" o. the name0 and ca0e num>er0 .or the la0t 2+ incidence0 ?hen the
8CS3 ha0 0erved notice o. a hearing 0et <ur0uant to N!S 4+.2%3B$;. 8hatC0 thatH &he 8CS3 ha0 NE#E! 0erved 0uch
noticeH 7et the 8CS3 i0 there ?ith >ell0 on Bor =achem i0; to lie in ,..idavit0 o. Service to locE out the citiDen tenant0
o. 8a0hoe Count- im<ermi00il>- earl- vi0 a vi0 N!C/ %B>;B2; and N!C/ *Be;H 8h- i0 thatH 10 it a con0<irac-H Doe0
mone- talEH 8hen 1 ?a0 arre0ted .or tre0<a00ing on Novem>er 12th" 2+11 >- !/D 3..icer Chri0 Carter and Sargent
6o<eD" Carter admitted to me that F!ichard 2ill <a-0 him a lot o. mone- and there.ore he arre0t0 ?hom !ichard 2ill 0a-0
to and doe0 ?hat !ichard 2ill 0a-0 to do....F Both Carter and Sargent 6o<eD re.u0ed to inve0tigate" de0<ite <rom<ting"
?hether !ichard 2ill ha0 0ent the tenantNarre0tee a >ill or demand letter in >ill .or the .ull rental value o. the <ro<ert-"
G9++ <er month" under 0ome inter<retation o. the Frea0ona>le 0torage" moving" and inventor-ing e)<en0e0F collecta>le >-
a landlord under a <er0onal <ro<ert- line 0et .orth in N!S 11$,.4*+ Bone could al0o inter<ret 0uch a >ill a0 2illC0
?ithdra?ing or eradicating the 3rder o. Summar- Eviction it0el." ?hich ?a0 not F<er0onall- 0ervedF >- the 8a0hoe
Count- Sheri.. Bde0<ite ?hat their ,..idavit o. Service 0a-0...1 ?a0nCt even there at the time the- changed the locE0...and
0o the Summar- Eviction 3rder ?a0 not <ro<erl- 0erved under N!C/ *" and de0<ite the !eno 4u0tice Court
im<ermi00i>l- converting G23++ o. m- mone- under a Frent e0cro?F 3rder it0 re@uired 1 com<l- ?ith in order to litigate
ha>ita>ilit- i00ue0 in a 0ummar- eviction <roceeding under N!S 4+.2%3" de0<ite N!S 4+.2%3B*;C0 e)<re00 dicate again0t
0uch an 3rder Bunle00" <ur0uant to 4C!C/ $3" a Au0tice court get0 0uch a rule" liEe 4u0tice Court !ule o. 6a0 #ega0
B4C!6#; !ule 44" <u>li0hed and a<<roved >- the Nevada Su<reme Court" ?hich the !4C ha0 not" rather" the !4C a<<lie0
all the0e in0idiou0 0ecret Fhou0e rule0F BliEe .orcing tenant0 to deliver them0elve0 to the .iling o..ice to 0u>mit to <er0onal
0ervice notice o. a 0ummar- eviction hearing ?ithin" liEe" 12 hour0 o. the &enant .iling a &enantC0 ,n0?er or ,..idavit in
re0<on0e to an eviction Notice" rather than the 0ervice re@uirement0 o. 0uch notice .ollo?ing N!C/ * Bda-0 .or mailing"
etc." etc." in other ?ord0" in the !4C ever-thing i0 0<ed u< im<eri00il>- to hel< landlordC0 out" and the N#. S. Ct ruling in
:laDier and 6i<<i0 clearl- contem<late <er0onal lia>ilit- again0t the Court and or 4udge0 them0elve0 .or 0o doing;....,
Vui &am action or 0omething a la =au0ertC0 in Solano Count-" 1 >elieve" in Cali.ornia" ?ould >e ver- intere0ting...Still
havenCt heard an-thing .rom the !eno /D a>out the variou0 com<laint0 1 have .iled ?ith them in ?riting related to the
?rong.ul arre0t0" e)ce00ive .orce and other mi0conduct committed again0t me" though the- did arre0t me the other da- .or
calling 911incident to 0ome dome0tic violence .or ?hich 1 ?a0 granted to E)tended /rotection 3rder0 again0t m- .ormer
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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hou0emate0....old Sargent Sig.ree ordered that arre0t" a0 he did t?o da-0 <rior ?hen he ordered a cu0todial arre0t o. me .or
FAa-?alEingF.
(unn- thing" 1 never heard an-thing >acE .rom the !/D a>out com<laint0 liEe the .ollo?ing one:
I(rom:
Nv!eno/dWco<logic.com
Sent:
8ed 9N+7N11 1+:%1 /=
&o: DachcoughlinWhotmail.com
ZZZZD3 N3& !ES/3ND &3 &21S E'=,16ZZZZ
8eCre 0orr- the .ollo?ing <ro>lem ?a0 .ound during revie?
o. -our 0u>mitted re<ort &11++%9%*:
&21S 1S N3& &2E (3!5= (3! &21S &7/E 3( C3=/6,1N& 238E#E! &21S !E/3!& 8,S /!1N&ED ,ND
/,SSED 3N &3 &2E 3((1CE!CS S5/E!#1S3! ,ND 1& 8166 BE ,DD!ESSED.
&hanE -ou"
3..icer 83ZN1,X"
!eno /olice De<artmentJ
8hat i0 intere0ting there i0 that at lea0t 1 ?a0 <rovided the name o. an o..icer" a F8oDniaEF Bthough 1 have >een una>le to
con.irm the e)i0tence o.
0uch an !/D 3..icer... or ?hether F &21S 1S N3& &2E (3!5= (3! &21S &7/E 3( C3=/6,1N& 238E#E!
&21S !E/3!& 8,S /!1N&ED ,ND /,SSED 3N &3 &2E 3((1CE!CS S5/E!#1S3! ,ND 1& 8166 BE
,DD!ESSED.F
8hat i0 more 0trange i0 that 1 0u>mitted 0everal online <olice re<ort0 to the !eno /D Ba cou<le o. ?hich a00erted
com<laint0 again0t variou0 !eno /D o..icer0" or a0Eed ?h- !D/ 3..icer Carter" ?hom admitted taEing >ri>e0 .rom
!ichard :. 2ill" E0@. at the time o. m- cu0todial arre0t .or tre0<a00ing Bthe one ?here !ichard 2ill 0igned a Criminal
Com<laint .or tre0<a00" then 3..icer Carter and Sargent 6o<eD re.u0ed to .ollo? u< on m- im<loring them to a0E 2ill
?hether he ha0 recentl- 0ent me a >ill .or the F.ull rental valueF o. the <ro<ert-" the 0ame amount that had >een charged
.or the Fu0e and enAo-mentF o. the <remi0e0" G9++" in com<ari0ion to ?hat N!S 11$,.4*+ ma- deem Frea0ona>le
0torageF e)<en0e0 .or ?hich a lien i0 availa>le to a landlord" though N!S 11$,.%2+ ha0 outla?ed rent di0traint0 u<on
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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tenantC0 <er0onal <ro<ert-....!egardle00" >et?een 4anuar- $ ' 12th" 2+12" and ?a0 arre0ted t?ice >- the !eno /D 0hortl-
a.ter 0u>mitting the0e ?ritten com<laint0 to the !eno /D.
,ctuall-" u<on >eing relea0ed .rom Aail on Novem>er 1%th" 2+11" incident to the cu0todial tre0<a00 arre0t" 1 ?ent
to !ichard 21llC0 o..ice to get m- ?allet and driverC0 licen0e. 2e re.u0ed to <rovide it to me until late Novem>er 22nd"
2+11. 2ill called the !eno /D on the 1%th Bor ma->e 1 did >ecau0e he ?a0 ?ithholding m- 0tate i00ued 1D" the one 1
?ould need to rent a room" drive m- car" and m- ?allet" ?hich i0 Eind o. u0e.ul in 0uch 0ituation0....;. ,n-?a-0" Sargent
&arter o. the !eno /D 0ho?ed u<" he ?ent in0ide 2illC0 o..ice ?ith 2ill .or @uite 0ome time and the re0ult ?a0 &arter
telling me to leave. 1 did" >ut ?hile driving do?n St. 6aurence to?ard0 S. #irginia B2illC0 o..ice i0 at *%2 (orre0t St.
$9%+3 and ?ould have re@uired turning do?n the ?rong ?a- o. a one ?a- 0treet" (orre0t" to go >acE to 2illC0 3..ice B0o
clearl- 1 ?a0 not headed to 2illC0 o..ice; Sargent &arter >egan tailing me" then he <ulled me over" then he gave me a
ticEet" in retaliation i. -ou a0E me .or re<orting !/D 3..icer Carter admitting that he taEe0 >ri>e0 .rom 2ill to Sargent
&arter minute0 earlier. 5h" ?ell" an-?a-0" another Sargent call0 me later that night" taEing the Fgood co<F role. But u<on
in.orming him o. ?hat !/D 3..icer Carter told me a>out 2ill <a-ing him mone- to arre0t <eo<le during the 11N12N11
tre0<a00ing arre0t" that Sargent immediatel- in.ormed me that" de0<ite thi0 >eing the .ir0t he heard o. that" he ?a0 0ure that
?a0 not ha<<ening....1 gue00 !/D 3..icer Carter i0 tr-ing to e)<lain a?a- hi0 comment0 a>out !ichard 2ill <a-ing him
mone- to arre0t <eo<le >- di0mi00ing them a0 0arca0m" a AoEe" 0aid in Ae0t" ?hatever....>ut 1 donCt 0ee ho? that 0ituation Ba
licen0e attorne- getting arre0ted .or a crime" a conviction .or ?hich ?ould re0ult in that attorne- >eing re@uired to re<ort
0aid conviction to the State Bar o. Nevada under SC! 111" etc." and <o00i>l- re0ulting in a 0u0<en0ion o. that attorne-C0
licen0e to <ractice la?" or ?or0e...; i0 all that Aocular o. a 0ituation. Com>ine that ?ith the too @uicE to di0mi00 m- re<ort0
o. >ri>er- >- !ichard 2ill to o..icer Carter to the !/D Sargent ?ho called me on 11N1%N11 regarding the retaliation >-
Sargent &arter that 1 com<lained o." and 1 donCt thinE it i0 all that unrea0ona>le .or an-one to taEe !/D 3..icer Carter at
hi0 ?ord regarding !ichard :. 2ill" E0@. <a-ing him mone- to arre0t ?hom 2ill 0a-0 to arre0t. ,dd to that Sargent
Sig.ree ordering m- arre0t .or Aa-?alEing B>- a trainee !/D 3..icer; on 4anuar- 12th" 2+11 Bcu0todial arre0t" >ail o. G1*+
em<tied m- >anE account out" or <rett- clo0e to it; ?hile 1 ?a0 <eace.ull- .ilming .rom a <u>lic 0<ot !ichard :. 2ill"
E0@C0 contractor /hil 2o?ard" ?hom had 0u>mitted >ill0 in court0 record0 and .iling0 under the lien .or Frea0ona>le
0torage moving and inventor-ingF .ound in N!S 11$,.4*+" even ?here old /hil u0ed m- o?n <l-?ood at the <ro<ert- to
>oard u< the >acE <orch Bcuriou0l- leaving the 0cre?0 holding u< the <l-?ood e)<o0ed to e)terior o. the <ro<ert- ?here
an-one could ea0il- un0cre? them" and al0o leaving in a ?indo? unit ac 0ecured onl- >- ductta<e in a ?indo? .acing a
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01260
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0ide?alE >- the 6aEe=ill 6odge....?hich re0ulted in G$"+++ at lea0t o. m- <er0onal <ro<ert- >eing >urglariDed .rom m-
.ormer home la? o..ice on Decme>er 12th" 2+11 ?hile 2ill ?a0 a00erting a lien on all m- <er0onal <ro<ert- .ound therein
Band m- clientC0 .ile0" ?hich argua>l- are not even m- <ro<ert-" >ut rather" the clientC0 <ro<ert-;. 2ill ?ent on to <lace
?hat he >elieve0 to >e m- 0ocial 0ecurit- num>er in court record0" on <ur<o0e" de0<ite hi0 0igning an ,..irmation
<ur0uant to N!S 239B.+3+ that that ?a0 not the ca0e Battaching a t?o <age re<ort to the !/D a0 an E)hi>it;. &hen 2ill
and hi0 contractor /hil 2o?ard >oth committed <erAur- ?hen the 0igned Declaration0 atte0ting that 1 had clim>ed on the
contractor0 trucE or ever touched 2ill. 2ill lie0 con0tantl-" ?hether under <enalt- o. <erAur- or no?" 0o 1 donCt have time
to re>ut ever- little lie he maEe0 Bhe maEe0 me out to come0 acro00 a0 a 7o0emite Sam caricature o. a human >eing in hi0
.iling0 ?hen he de0cri>e0 me...;.
(urther" ?h- am 1 arre0ted .or tre0<a00ing and not tho0e .rom Nevada Court Service0 ?here the- ?ent >ehind
clo0ed gate the the >acE-ard o. m- home la? o..ice and >anged on ?indo? e)tremel- loudl- .or 4+ minute0 at a time 3
time0 a da-" one gu- ringing the door>ell" one gu- moving around all other 0ide0 o. the <ro<ert- >anging on the ?indo?0"
<eering in clo0ed >lind0" and a..ecting a <hon- Fcolor o. la?F tone" re0em>lance" and ver>al communication0"
mi0leadingl- announcing that the- ?ere FCourt Service0" come out no?TF" ?earing their <retend Sheri.. out.it0" >ig
e@ui<ment 0addled >elt0 Bincluding .irearm0" 1 >elieve" and radio0;" etc. "etc.
htt<:NN???.-outu>e.comN?atchHvRAV132@237D7
,dd to that that Nevada Court Service0 4e.. Chandler drive0 >- in hi0 =on0ter &rucE >aring hi0 <er0onaliDed FNCSF
licen0e <late ?hile 1 am in the !/D 0@uad car" handcu..ed" out0ide m- .ormer la? o..ice at 121 !iver !ocE" at the time o.
the 1N12N12 Aa-?alEing arre0t and the a<<earance0 are trou>ling. No?" add to that that 6e? &aitel" E0@. ?a0 m- court
a<<ointed <u>lic de.ender in the !eno =unici<al Court in the tre0<a00 ca0e" and that 4udge :ardner had re.u0ed to
<rovide me the name0 o. <ro0<ective a<<ointed de.en0e coun0el B1 ?anted to run a con.lict0 checE; at m- arraignment
B?here =ar0hal =entDel >arEed at me in a threatening tone" u0ing menacing language;" ?hereu<on &aitel ?a0 a<<ointed
a0 m- de.en0e attorne- and .iled a notice o. a<<earance" and received m- con.idential .ile" <c 0heet" arre0t re<ort0" 00n"
etc....onl- it0 turn0 out that &aitel 0hare0 and o..ice and a rece<tioni0t ?ith Nevada Court Service0 and the- li0t him and
hi0 <icture on their ?e>0ite a0 Fa00ociated ?ithF their /roce00 Server cor<oration" de0<ite the <rohi>ition la?-er0 .ace
again0t .ee 0haring ?ith non'la?-er0. &hen" &aitel 0omeho? manage0 to get out o. de.ending m- ca0e ?ithout .iling a
=otion to 8ithdra? a0 Coun0el" de0<ite that >eing re@uired >- the !eno =unici<al Court !ule 3BB;:
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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!=C! !ule 3BB;: ,uthoriDation to !e<re0ent BB;: ,n attorne- de0iring to ?ithdra? .rom a ca0e 0hall .ile a
motion ?ith the court and 0erve the Cit- ,ttorne- ?ith the 0ame. &he court ma- rule on the motion or 0et a hearing.
But" <erha<0 mo0t trou>ling o. all i0 the im<lication that the !eno Cit- ,ttorne-C0 3..ice" ?hich de.end0 action0
again0t the Cit- o. !eno /olice De<artment and it0 3..icer0" ha0 a ve0ted intere0t in di0crediting me in advance o. the
?rong.ul arre0t la?0uit that the !eno Cit- ,ttorne-C0 o..ice Ene? ?a0 imminent at the time o. all o. the a>ove incident0"
relating to the .ollo?ing ,ugu0t 2+th" 2+11 ?rong.ul arre0t >- !/D 3..icerC0 Duralde and !o0a.
htt<:NN???.-outu>e.comN?atchHvR%/!7@431%>+ So" thatC0 ?hat attem<ting to coerce a 0u0<ectC0 con0ent to an
im<ermi00i>le 0earch 0ound0 liEeH ,dd to that that the tre0<a00ing ca0e i0 >e.ore 4udge :ardner" ?hom mo0t recentl- ?a0
em<lo-ed ?ith the !eno Cit- ,ttorne-C0 3..ice.
,nd" -ou Eno? ?hat i0 .unn-H 3..icer Del #ecchio cu..ed me and <laced me in hi0 0@uad car la0t 0ummer a.ter
he terri.ied me and another gentleman ?ho had >ic-cle0. 2e veered acro00 the road and 0creeched hi0 0@uad car to a halt"
Aum<ed out" and did 0ome other 0tu.." then demanded m- name and 1D...and the la?-er in me didnCt liEe that that much"
and he didnCt liEe me not ?anting to give it to him. &hi0 occurred right in .ront o. m- home la? o..ice in the 0ummer o.
2+11. 2e cu..ed me and told me 1 ?a0 going to Aail .or 0omething a>out a light on the .ront o. m- >ic-cle Bthe one N#
Energ- liEel- 0tole ?hen the 0hut o.. m- <o?er" unnoticed" on 3cto>er 4" 2+11; de0<ite m- >iEe actuall- having 0uch a
light....>ut then Del #ecchioC0 <artner did him a 0olid and talEed 0ome 0en0e into him" and 1 hum>led it u< .or Del
#ecchio and ?e >oth let it go" and 1 didnCt go to Aail....5ntil Del #ecchio ?a0 <re0ent 0u<ervi0ing 0ome 3..icerC0 training
at the 0cene o. m- cu0todial B9 hour; Aa-?alEing arre0t; on 1N12N12. But Del #ecchio" 1 gue00 either didnCt ?ant to or
?a0nCt a>le to talE 0ome 0en0e into Sargent Sig.ree.....and then Sargent Sig.ree Bthe 0<elling i0 liEel- o..; had me arre0ted
and charged ?ith a gro00 mi0demeanor" F=i0u0e o. 911F Au0t t?o da-0 later" on 4anuar- 14th" 2+11 ?hen 1 called 911 to
re<ort that m- roommate0 ?ere laughing menacingl- ?hen 1 a0Eed them ?h- m- dog ?a0 mi00ing B1 had al0o >een
cha0ed u< to m- room numerou0 time0 0ince moving in ?ith the0e <eo<le" 0omething 1 had to do >ecau0e 0o much o. m-
mone- had >een taEen u< ?ith >ail or lo0t earning0 due to all the0e ?rong.ul arre0t0 and a>u0e o. <roce00e0 mentioned
a>ove...al0o the0e hou0emate0 had cha0ed me ?ith a ten inch >utcher Eni.e" t?o o. m- tire0 ?ere 0la0hed" 1 ?a0 locEed out
all night on Ne? 7ear0 Even ?hen the0e changed the locE0 at around midnight" had m- .urniture thro?n in the 0treet"
<ro<ert- 0tolen" co..ee thro?n on me" de0tro-ing m- 0mart <hone in the <roce00" etc." etc...,nd de0<ite the hou0emate
having an out0tanding arre0t ?arrant" and animal a>u0e >eing li0ted among0t the element0 o. dome0tic violence" Sargent
Sig.ree told me he ?a0 arre0ting me >ecau0e 1 FEee< <utting -our0el. in the0e 0ituation0F" liEe" ?here 1 am a victim" and
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that he ?a0 Ftr-ing to hel< -ouF" he 0aid ?ith a 0mirE and a laugh to hi0 .ello? !/D 3..icer0" ?hom then <roceeded to
u0e e)ce00ive .orce again0t me. 1 gue00 he ?a0 hel<ing me >- 0addling me ?ith a gro00 mi0demeanor ?ith a G1"%++ >ail"
e0<eciall- ?here it0 >een arranged .or Court Service0" or <re'&rial Service0 to .orever den- me an 3!" de0<ite m-
meeting the .actor0 .or 0uch 0et .orth in 0tatute B3+ -ear re0ident" entire immediate .amil- live0 here" licen0ed to <ractice
la? in Nevada" etc." etc;...1 gue00 it 0hould not >e too much o. a 0ur<ri0e to me that !eno Cit- ,ttorne- /am !o>ert0
.ailed to addre00 the <erAur- o. all three o. her ?itne00e0 or that her .ello? !eno Cit- ,ttorne- Chri0to<her 2aDlett'
Steven0 lied to me a>out ?hether or not the !eno Cit- ,ttorne-C0 3..ice even had an- documentation related to m- arre0t
or ?hether it ?ould in the month >e.ore m- arraignment" de0<ite that .act that 0u>0e@uent <roduction0 o. di0cover- tend
to indicate that the !eno Cit- ,ttorne-C0 3..ice did have tho0e material0 at the time. 1 could >e ?rong a>out 0ome o.
thi0...But that ?ould re@uire and a?.ul lot o. coincidence0.
(urther" the la? in our State doe0 not 0eem e)ce<tionall- clear ?ith regard to the 0ervice and
<roce00 re@uirement0 and timeline0" and manner o. calculating time ?ith re0<ect to the Frecei<tF o.
6ocEout 3rder0. &he ,..idavit o. Service >- =achen 0tate0 that he F<er0onall- 0erved the de0cri>ed
document0 u<onF m-" Zach Coughlin...2o?ever" 1 can atte0t >- ,..idavit that 1 ?a0 not F<er0onall-
0ervedF to the e)tent that F<er0onall- 0ervedF mean0 or im<lie0 that 1 ?a0 there" that =achen 0a? me
or identi.ied me" or an- o. the other indicator0 o. 0omething" 0uch a0 a Com<laint" >eing F<er0onall-
0ervedF 0uch a0 1 under0tand the <hra0e to me. N!C/ %B>;B2;B,;Bi'iii;. (urther" a0 BaEer and 2ill
have 0o o.ten <ointed out" 1 cannot" according to them" receive an- attorne-C0 .ee a?ard .or a<<earing
a0 <ro 0e attorne-" a0 0uch" N!C/ %B>;B2;B,;Bi'iii;" 0hould a<<l- to me onl- a0 a <art-" and not a0 a
<art-C0 attorne-" and" there.ore" according to N!C/ %" Service: FB2; Service under thi0 rule i0 made
>-: B,; Delivering a co<- to the attorne- or the <art- >-: Bi; handing it to the attorne- or to the <art-9
Bii; leaving it at the attorne-L0 or <art-L0 o..ice ?ith a clerE or other <er0on in charge" or i. there i0 no
one in charge" leaving it in a con0<icuou0 <lace in the o..ice9 or Biii; i. the o..ice i0 clo0ed or the
<er0on to >e 0erved ha0 no o..ice" leaving it at the per"on/" '$ell!ng hou"e or u"ul plce o# (o'e
$!th "ome per"on o# "u!t(le ge n' '!"cret!on re"!'!ng there...F So" either it ?a0 m- o..ice" in
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?hich ca0e a No Cau0e Eviction Notice maEe0 im<ermi00i>le a Summar- Eviction /roceeding under
N!S 4+.2%3" and there.ore" the 3rder o. Summar- Eviction i0 void .or lacE o. Auri0diction" or" the
,..idavit o. Service ?a0 on m- home" and ?a0 not FhandedF to me" or F<er0onall- 0ervedF Bde0<ite
the ,..idavit atte0ting to having F<er0onall- 0ervedF me;" nor ?a0 the 3rder o. Summar- Eviction
0erved in accordance ?ith N!C/ %B>;B2;B,;Biii;" ?hich re@uire0: Fi. the o..ice i0 clo0ed or the <er0on
to >e 0erved ha0 no o..ice" leaving it at the per"on/" '$ell!ng hou"e or u"ul plce o# (o'e $!th
"ome per"on o# "u!t(le ge n' '!"cret!on re"!'!ng there..F
(urther" 1 >elieve <o0ting an 3rder on oneC0 re0idence door" <articularl- in the conte)t o. 0erving a No
Cau0e Notice o. Eviction or 5nla?.ul Detainer" i0 onl- valid i. the document >eing 0erved i0 al0o
<laced in the mail and 3 non Audicial da-0 are accorded .or 0ervice to >e com<lete. See N!C/ *Be;. 1
do not >elieve the- can <rove that at all" not even clo0e. N!C/ a<<lie0 to Summar- Eviction
,ction0" according to the .ollo?ing:
FN!S 4+.3$+ /rovi0ion0 governing a<<eal0. Either <art- ma-" ?ithin 1+ da-0" a<<eal .rom the
Audgment rendered. But an a<<eal >- the de.endant 0hall not 0ta- the e)ecution o. the Audgment"
unle00" ?ithin the 1+ da-0" the de.endant 0hall e)ecute and .ile ?ith the court or Au0tice the
de.endantL0 undertaEing to the <lainti.." ?ith t?o or more 0uretie0" in an amount to >e .i)ed >- the
court or Au0tice" >ut ?hich 0hall not >e le00 than t?ice the amount o. the Audgment and co0t0" to the
e..ect that" i. the Audgment a<<ealed .rom >e a..irmed or the a<<eal >e di0mi00ed" the a<<ellant ?ill
<a- the Audgment and the co0t o. a<<eal" the value o. the u0e and occu<ation o. the <ro<ert-" and
damage0 Au0tl- accruing to the <lainti.. during the <endenc- o. the a<<eal. 5<on taEing the a<<eal
and .iling the undertaEing" all .urther <roceeding0 in the ca0e 0hall >e 0ta-ed.J
,ctuall-" a lot o. <eo<le 0eemed con.u0ed regarding the I24 hour0J locEout thing. &he onl- a<<earance in either N!S
11$, or N!S 4+" in the <rovi0ion0 a<<lica>le to Summar- Eviction /roceeding0 o. an-thing related to I24 hour0J i0 in
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N!S 4+.2%3B%;" ?hich onl- 0<eaE0 to a 0ituation ?here the &enant doe0 not .ile a &enantC0 ,n0?er or &enantC0 ,..idavit"
?hich i0 clearl- ina<<lica>le here" a0 the &enant did .ile 0uch a 3<<o0ition to the No Cau0e Eviction Notice: I%. 5<on
noncom<liance ?ith the notice:
Ba; &he landlord or the landlordL0 agent ma- a<<l- >- a..idavit o. com<laint .or eviction to the Au0tice court o. the
to?n0hi< in ?hich the d?elling" a<artment" mo>ile home or commercial <remi0e0 are located or to the di0trict court o. the
count- in ?hich the d?elling" a<artment" mo>ile home or commercial <remi0e0 are located" ?hichever ha0 Auri0diction
over the matter. The court m. thereupon !""ue n or'er '!rect!ng the "her!## or con"t(le o# the count. to remo&e
the tennt $!th!n 01 hour" #ter rece!pt o# the or'er. &he a..idavit mu0t 0tate or contain...J
So" a>0ent 0ome 0tatutor- <rovi0ion allo?ing the 3rder o. Summar- Eviction to re0ult in a locEout >- the 8a0hoe
Count- Sheri..C0 3..ice <rior to the 3 da-0 .or mailing ?here <er0onal 0ervice o. the 3rder o. Summar- Eviction ?a0 not
e..ectuated" de0<ite ?hat 8CS3 em<lo-ee ma- have incorrectl- Bor .al0el-; a00erted in the 8CS3C0 4ohn =achemC0
,..idavit o. Service .rom" .ile 0tam<ed Novem>er 7" 2+11 Be0<eciall- ?here it i0 time0tam<ed 4:3+ <m" Novem>er 1"
2+11" e0<eciall- ?here the 3rder o. Summar- Eviction e)<licitl- read0 that no 0uch locEout 0hall occur <rior to %:++ <m
on Novem>er 1" 2+11;. See" N!C/ %B>;B2;B,;Bi'iii;" N!C/ *Be;.
Intere"t!ngl.% R!chr' )!ll 2no$" h!" c"e !" to"t un'er NRCP 34(54054A54!-!!!5% NRCP
64e5% !n ''!t!on to NRCP ++. Tht !" $h. !n R!chr' )!ll7" No&em(er 0+% 0,++ Mot!on #or
Or'er To Sho$ Cu"e% on pge 0% )!ll" re"ort" to l!terll. gr"p!ng t "tr$"% !mg!n!ng tht
$ht the 8"hoe Count. Sher!##7" O##!ce cu"tomr!l. 'oe" !" "omeho$ utomt!cll. co'!#!e'
!nto mn'tor. prece'ent (lc2 letter l$. To $!t% R!chr' )!ll $rote !n h!" Mot!on For Or'er
To Sho$ Cu"e tht- 9FACTS S)O8ING CONTEMPT OF COURT 6. E:)I;IT + $"
"er&e' on Coughl!n on No&em(er < 0,++ (. the 8"hoe Count. Sher!##" Deprtment% (.
po"t!ng "me on the #ront 'oor o# the propert. !n the mnner cu"tomr. #or e&!ct!on" !n
8"hoe Count.. The loc2" to the prem!"e" $ere chnge' t tht t!me% there(. e=ect!ng n'
'!"po""e""!ng Coughl!n o# po""e""!on o# the Propert..> Further% there!n R!chr' )!ll 'm!t"
tht the loc2out occurre' t 1-?, pm% " !n'!cte' !n $r!t!ng !n the 8CSO7" Mchem7"
A##!'&!t o# Ser&!ce% contr to the mn'te o# @u'ge S#errAA7" Or'er o# Summr. E&!ct!on
reBu!r!ng n. loc2out to occur after 3-,, pm% No&em(er +% 0,++.
NRS 1,.?*3 St. o# eCecut!on upon ppelD 'ut. o# tennt $ho ret!n" po""e""!on o#
prem!"e" to p. rent 'ur!ng "t.. Upon n ppel #rom n or'er entere' pur"unt to NRS
1,.03? -
+. ECcept " other$!"e pro&!'e' !n th!" "u("ect!on% "t. o# eCecut!on m. (e o(t!ne' (.
#!l!ng $!th the tr!l court (on' !n the mount o# E03, to co&er the eCpecte' co"t" on ppel. In
n ct!on concern!ng le"e o# commerc!l propert. or n. other propert. #or $h!ch the
monthl. rent eCcee'" E+%,,,% the court m.% upon !t" o$n mot!on or tht o# prt.% n' upon
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"ho$!ng o# goo' cu"e% or'er n ''!t!onl (on' to (e po"te' to co&er the eCpecte' co"t" on
ppel. A "uret. upon the (on' "u(m!t" to the =ur!"'!ct!on o# the ppellte court n'
!rre&oc(l. ppo!nt" the cler2 o# tht court " the "uret./" gent upon $hom pper" ##ect!ng
the "uret./" l!(!l!t. upon the (on' m. (e "er&e'. L!(!l!t. o# "uret. m. (e en#orce'% or the
(on' m. (e rele"e'% on mot!on !n the ppellte court $!thout !n'epen'ent ct!on.
2. , tenant ?ho retain0 <o00e00ion o. the <remi0e0 that are the 0u>Aect o. the a<<eal during the
<endenc- o. the a<<eal 0hall <a- to the landlord rent in the amount <rovided in the underl-ing
contract >et?een the tenant and the landlord a0 it >ecome0 due. 1. the tenant .ail0 to <a- 0uch rent" the
landlord ma- initiate ne? <roceeding0 .or a 0ummar- eviction >- 0erving the tenant ?ith a ne?
notice <ur0uant to N!S 4+.2%3.
N!S 4+.39+ ,<<ellate court not to di0mi00 or @ua0h <roceeding0 .or ?ant o. .orm. 1n all ca0e0
o. a<<eal under N!S 4+.22+ to 4+.42+" inclu0ive" the a<<ellate court 0hall not di0mi00 or @ua0h the
<roceeding0 .or ?ant o. .orm" <rovided the <roceeding0 have >een conducted 0u>0tantiall- according
to the <rovi0ion0 o. N!S 4+.22+ to 4+.42+" inclu0ive9 and amendment0 to the com<laint" an0?er or
0ummon0" in matter0 o. .orm onl-" ma- >e allo?ed >- the court at an- time >e.ore .inal Audgment
u<on 0uch term0 a0 ma- >e Au0t9 and all matter0 o. e)cu0e" Au0ti.ication or avoidance o. the allegation0
in the com<laint ma- >e given in evidence under the an0?er.
NRS 1,.1,, Rule" o# prct!ce. The pro&!"!on" o# NRS% Ne&' Rule" o# C!&!l Proce'ure
n' Ne&' Rule" o# Appellte Proce'ure relt!&e to c!&!l ct!on"% ppel" n' ne$ tr!l"% "o #r
" the. re not !ncon"!"tent $!th the pro&!"!on" o# NRS 1,.00, to 1,.10, % !nclu"!&e% ppl. to the
procee'!ng" ment!one' !n tho"e "ect!on".>
So" con0idering that N!S 4+.4++ re@uire0 that N!C/ a<<l- to Summar- Eviction /roceeding0 under
N!S 4+.2%3" then 0ervice" <roce00" and time calculation0 o. 0uch mu0t com<ort ?ith the dictate0 o.
N!C/ %'*: F !56E %. SE!#1CE ,ND (161N: 3( /6E,D1N:S ,ND 3&2E! /,/E!S
45 Ser&!ce- 8hen ReBu!re'. E)ce<t a0 other?i0e <rovided in the0e rule0" ever- order re@uired
>- it0 term0 to >e 0erved" ever- <leading 0u>0e@uent to the original com<laint unle00 the court
other?i0e order0 >ecau0e o. numerou0 de.endant0" ever- <a<er relating to di0cover- re@uired to >e
0erved u<on a <art- unle00 the court other?i0e order0" ever- ?ritten motion other than one ?hich ma-
>e heard e) <arte" and ever- ?ritten notice" a<<earance" demand" o..er o. Audgment" de0ignation o.
record on a<<eal" and 0imilar <a<er 0hall >e 0erved u<on each o. the <artie0. No 0ervice need >e made
on <artie0 in de.ault .or .ailure to a<<ear e)ce<t that <leading0 a00erting ne? or additional claim0 .or
relie. again0t them 0hall >e 0erved u<on them in the manner <rovided .or 0ervice o. 0ummon0 in !ule
4.
4(5 Sme- )o$ M'e.
B1; 8henever under the0e rule0 0ervice i0 re@uired or <ermitted to >e made u<on a <art-
re<re0ented >- an attorne-" the 0ervice 0hall >e made u<on the attorne- unle00 the court order0 that
0ervice >e made u<on the <art-.
B2; Service under thi0 rule i0 made >-:
B,; Delivering a co<- to the attorne- or the <art- >-:
Bi; handing it to the attorne- or to the <art-9
Bii; leaving it at the attorne-L0 or <art-L0 o..ice ?ith a clerE or other <er0on in
charge" or i. there i0 no one in charge" leaving it in a con0<icuou0 <lace in the o..ice9 or
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Biii; i. the o..ice i0 clo0ed or the <er0on to >e 0erved ha0 no o..ice" leaving it at the
<er0onL0 d?elling hou0e or u0ual <lace o. a>ode ?ith 0ome <er0on o. 0uita>le age and di0cretion
re0iding there.
4;5 M!l!ng cop. to the ttorne. or the prt. t h!" or her l"t 2no$n ''re"".
Ser&!ce (. m!l !" complete on m!l!ngD pro&!'e'% ho$e&er% mot!on% n"$er or other
'ocument con"t!tut!ng the !n!t!l ppernce o# prt. mu"t l"o% !# "er&e' (. m!l% (e #!le'
$!th!n the t!me llo$e' #or "er&!ceD n' pro&!'e' #urther% tht #ter "uch !n!t!l ppernce%
"er&!ce (. m!l (e m'e onl. (. m!l!ng #rom po!nt $!th!n the Stte o# Ne&'.
BC; 1. the attorne- or the <art- ha0 no Eno?n addre00" leaving a co<- ?ith the clerE o. the
court.
4D5 Del!&er!ng cop. (. electron!c men" !# the ttorne. or the prt. "er&e' h"
con"ente' to "er&!ce (. electron!c men". Ser&!ce (. electron!c men" !" complete on
trn"m!""!on pro&!'e'% ho$e&er% mot!on% n"$er or other 'ocument con"t!tut!ng the !n!t!l
ppernce o# prt. mu"t l"o% !# "er&e' (. electron!c men"% (e #!le' $!th!n the t!me llo$e'
#or "er&!ce. The "er&e' ttorne./" or prt./" con"ent to "er&!ce (. electron!c men" "hll (e
eCpre""l. "tte' n' #!le' !n $r!t!ng $!th the cler2 o# the court n' "er&e' on the other prt!e"
to the ct!on. The $r!tten con"ent "hll !'ent!#.-
4!5 the per"on" upon $hom "er&!ce mu"t (e m'eD
4!!5 the ppropr!te ''re"" or loct!on #or "uch "er&!ce% "uch " the
electron!c-m!l ''re"" or #c"!m!le num(erD
4!!!5 the #ormt to (e u"e' #or ttchment"D n'
4!&5 n. other l!m!t" on the "cope or 'urt!on o# the con"ent.
An ttorne./" or prt./" con"ent "hll rem!n e##ect!&e unt!l eCpre""l. re&o2e' or unt!l the
repre"entt!on o# prt. chnge" through entr.% $!th'r$l% or "u("t!tut!on o# coun"el. ,n
attorne- or <art- ?ho ha0 con0ented to 0ervice >- electronic mean0 0hall" ?ithin 1+ da-0 a.ter an-
change o. electronic'mail addre00 or .ac0imile num>er" 0erve and .ile notice o. the ne? electronic'
mail addre00 or .ac0imile num>er.
4?5 Ser&!ce (. electron!c men" un'er Rule 34(54054D5 !" not e##ect!&e !# the prt.
m2!ng "er&!ce lern" tht the ttempte' "er&!ce '!' not rech the per"on to (e "er&e'.
B4; /roo. o. 0ervice ma- >e made >- certi.icate o. an attorne- or o. the attorne-L0 em<lo-ee"
or >- ?ritten admi00ion" or >- a..idavit" or other <roo. 0ati0.actor- to the court. (ailure to maEe <roo.
o. 0ervice 0hall not a..ect the validit- o. 0ervice...
RULE 6. 9TIME
45 Computt!on. 1n com<uting an- <eriod o. time <re0cri>ed or allo?ed >- the0e rule0" >- the
local rule0 o. an- di0trict court" >- order o. court" or >- an- a<<lica>le 0tatute" the da- o. the act"
event" or de.ault .rom ?hich the de0ignated <eriod o. time >egin0 to run 0hall not >e included. &he
la0t da- o. the <eriod 0o com<uted 0hall >e included" unle00 it i0 a Saturda-" a Sunda-" or a
nonAudicial da-" in ?hich event the <eriod run0 until the end o. the ne)t da- ?hich i0 not a Saturda-"
a Sunda-" or a nonAudicial da-" or" ?hen the act to >e done i0 the .iling o. a <a<er in court" a da- on
?hich ?eather or other condition0 have made the o..ice o. the clerE o. the di0trict court inacce00i>le"
in ?hich event the <eriod run0 until the end o. the ne)t da- ?hich i0 not one o. the a.orementioned
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da-0. 8hen the <eriod o. time <re0cri>ed or allo?ed i0 le00 than 11 da-0" intermediate Saturda-0"
Sunda-0" and nonAudicial da-0 0hall >e e)cluded in the com<utation e)ce<t .or tho0e <roceeding0
.iled under &itle0 12 or 13 o. the Nevada !evi0ed Statute0...
4e5 A''!t!onl T!me A#ter Ser&!ce (. M!l or Electron!c Men". 8hene&er prt. h" the
r!ght or !" reBu!re' to 'o "ome ct or t2e "ome procee'!ng" $!th!n pre"cr!(e' per!o' #ter
the "er&!ce o# not!ce or other pper% other thn proce""% upon the prt. n' the not!ce or
pper !" "er&e' upon the prt. (. m!l or (. electron!c men"% ? '." "hll (e ''e' to the
pre"cr!(e' per!o'.
Su>divi0ion Ba; i0 revi0ed to e)tend the e)clu0ion o. intermediate Saturda-0" Sunda-0" and
nonAudicial da-0 to the com<utation o. time <eriod0 le00 than 11 da-0 con0i0tent ?ith the 19$%
amendment0 to the .ederal rule. ,dditionall-" the [[inacce00i>ilit- o. the courtLL <rovi0ion .ound in
0u>divi0ion Ba; o. the .ederal rule i0 added to !ule *Ba;. Su>divi0ion Ba; i0 .urther amended" >- adding
language re.erring to [[<roceeding0 .iled under &itle0 12 or 13 o. the Nevada !evi0ed Statute0"LL to
avoid an- change0 to current <rocedure0 in <ro>ate" guardian0hi< and tru0t <roceeding0....
Su>divi0ion Be; i0 amended to <rovide an additional 3 da-0 to act in re0<on0e to a <a<er that i0
0erved >- electronic mean0 under ne? <aragra<h B2;BD; added to !ule %B>;.F
N!S 4+.2%3 5nla?.ul detainer: Su<<lemental remed- o. 0ummar- eviction and e)clu0ion o. tenant
.or de.ault in <a-ment o. rent.
1. E)ce<t a0 other?i0e <rovided in 0u>0ection 1+" in addition to the remed- <rovided in N!S 4+.2%12 and
4+.29+ to 4+.42+" inclu0ive" ?hen the tennt o# n. '$ell!ng% prtment% mo(!le home% recret!onl
&eh!cle or commerc!l prem!"e" $!th per!o'!c rent re"er&e' (. the month or n. "horter per!o'
!" !n 'e#ult !n p.ment o# the rent" the landlord or the landlordL0 agent" unle00 other?i0e agreed in
?riting" ma- 0erve or have 0erved a notice in ?riting" re@uiring in the alternative the <a-ment o. the
rent or the 0urrender o. the <remi0e0...
4. 1. the tenant .ile0 0uch an a..idavit at or >e.ore the time 0tated in the notice" the landlord or
the landlordL0 agent" a.ter recei<t o. a .ile'0tam<ed co<- o. the a..idavit ?hich ?a0 .iled" 0hall not
<rovide .or the nonadmittance o. the tenant to the <remi0e0 >- locEing or other?i0e.
%. 5<on noncom<liance ?ith the notice:
Ba; &he landlord or the landlordL0 agent ma- a<<l- >- a..idavit o. com<laint .or eviction to the
Au0tice court o. the to?n0hi< in ?hich the d?elling" a<artment" mo>ile home or commercial <remi0e0
are located or to the di0trict court o. the count- in ?hich the d?elling" a<artment" mo>ile home or
commercial <remi0e0 are located" ?hichever ha0 Auri0diction over the matter. &he court ma-
thereu<on i00ue an order directing the 0heri.. or con0ta>le o. the count- to remove the tenant ?ithin
24 hour0 a.ter recei<t o. the order..
*. 5<on the .iling >- the tenant o. the a..idavit <ermitted in 0u>0ection 3" regardle00 o. the
in.ormation contained in the a..idavit" and the .iling >- the landlord o. the a..idavit <ermitted >-
0u>0ection %" the Au0tice court or the di0trict court 0hall hold a hearing" a.ter 0ervice o. notice o. the
hearing u<on the <artie0" to determine the truth.ulne00 and 0u..icienc- o. an- a..idavit or notice
<rovided .or in thi0 0ection. I# the court 'eterm!ne" tht there !" no legl 'e#en"e " to the llege'
unl$#ul 'et!ner n' the tennt !" gu!lt. o# n unl$#ul 'et!ner% the court m. !""ue
"ummr. or'er #or remo&l o# the tennt or n or'er pro&!'!ng #or the non'm!ttnce o# the
tennt. I# the court 'eterm!ne" tht there !" legl 'e#en"e " to the llege' unl$#ul 'et!ner%
the court "hll re#u"e to grnt e!ther prt. n. rel!e#% n'% eCcept " other$!"e pro&!'e' !n th!"
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"u("ect!on% "hll reBu!re tht n. #urther procee'!ng" (e con'ucte' pur"unt to NRS 1,.0F, to
1,.10, % !nclu"!&e. The !""unce o# "ummr. or'er #or remo&l o# the tennt 'oe" not preclu'e
n ct!on (. the tennt #or n. 'mge" or other rel!e# to $h!ch the tennt m. (e ent!tle'....
7. &he tenant ma-" u<on <a-ment o. the a<<ro<riate .ee0 relating to the .iling and 0ervice o. a
motion" .ile a motion ?ith the court" on a .orm <rovided >- the clerE o. the court" to di0<ute the
amount o. the co0t0" i. an-" claimed >- the landlord <ur0uant to N!S 11$.2+7 or 11$,.4*+ .or the
inventor-" moving and 0torage o. <er0onal <ro<ert- le.t on the <remi0e0. &he motion mu0t >e .iled
?ithin 2+ da-0 a.ter the 0ummar- order .or removal o. the tenant or the a>andonment o. the <remi0e0
>- the tenant" or ?ithin 2+ da-0 a.ter:
Ba; &he tenant ha0 vacated or >een removed .rom the <remi0e09 and
B>; , co<- o. tho0e charge0 ha0 >een re@ue0ted >- or <rovided to the tenant"
Y ?hichever i0 later.
$. 5pon the #!l!ng o# mot!on pur"unt to "u("ect!on G% the court "hll "che'ule her!ng
on the mot!on. The her!ng mu"t (e hel' $!th!n +, '." #ter the #!l!ng o# the mot!on. The court
"hll ##!C the 'te o# the her!ng to the mot!on n' or'er cop. "er&e' upon the ln'lor' (.
the "her!##% con"t(le or other proce"" "er&er. At the her!ng% the court m.:
Ba; Determine the co0t0" i. an-" claimed >- the landlord <ur0uant to N!S 11$.2+7 or 11$,.4*+
and an- accumulating dail- co0t09 and
B>; 3rder the relea0e o. the tenantL0 <ro<ert- u<on the <a-ment o. the charge0 determined to >e
due or i. no charge0 are determined to >e due.J
6andlord =erli00 .iled onl- a No Cau0e Notice o. Eviction in !E#2+11'++17+$ on Commercial
&enant Zach Coughlin" E0@.C0 la? o..ice. ,0 0uch" a Summar- Eviction /roceeding i0 im<ermi00i>le
given the re@uirement o. N!S 4+.2%3 that the Notice alleged non'<a-ment o. rent to allo? the
landlord to <roceed under the Summar- Eviction /roceeding 0ection" N!S 4+.2%3. (urther" 4udge
S.erraDDa ?a0 <recluded .rom ruling on an-thing other than <o00e00ion o. the <remi0e0 <ur0uant to
N!S 4+.2%3B*;" ,nvui" and :laDier. (urther" the tenanc- did not terminate under the 6ea0e
,greement" it ?0 rene?ed.
N!S 4+.2%4 5nla?.ul detainer: Su<<lemental remed- o. 0ummar- eviction and e)clu0ion o.
tenant .rom certain t-<e0 o. <ro<ert-. E)ce<t a0 other?i0e <rovided >- 0<eci.ic 0tatute" in addition to
the remed- <rovided in N!S 4+.2%1 and in N!S 4+.29+ to 4+.42+" inclu0ive" ?hen the tenant o. a
d?elling unit ?hich i0 0u>Aect to the <rovi0ion0 o. cha<ter 11$, o. N!S" <art o. a lo?'rent hou0ing
<rogram o<erated >- a <u>lic hou0ing authorit-" a mo>ile home or a recreational vehicle i0 guilt- o.
an unla?.ul detainer" the landlord i0 entitled to the 0ummar- <rocedure0 <rovided in N!S 4+.2%3
e)ce<t that:
1. 8ritten notice to 0urrender the <remi0e0 mu0t:...4e5 A "ttement tht the cl!m #or rel!e# $"
uthor!Ae' (. l$.
,0 0uch" the too earl- locEout >ring0 into <la- the .ollo?ing:
IN!S 11$,.39+ 5nla?.ul removal or e)clu0ion o. tenant or ?ill.ul interru<tion o. e00ential
0ervice09 <rocedure .or e)<edited relie..
1. 1. the landlord unl$#ull. remo&e" the tennt #rom the prem!"e" or eCclu'e" the tennt (.
(loc2!ng or ttempt!ng to (loc2 the tennt/" entr. upon the prem!"e" or $!ll#ull. !nterrupt" or
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cu"e" or perm!t" the !nterrupt!on o# n. e""ent!l "er&!ce reBu!re' (. the rentl greement or
th!" chpter% the tennt m. reco&er !mme'!te po""e""!on pur"unt to "u("ect!on 1% procee'
un'er NRS ++*A.?*, or term!nte the rentl greement n'% !n ''!t!on to n. other reme'.%
reco&er the tennt/" ctul 'mge"% rece!&e n mount not greter thn E+%,,, to (e #!Ce' (.
the court% or (oth.
2. 1n determining the amount" i. an-" to >e a?arded under 0u>0ection 1" the court 0hall con0ider:
Ba; 8hether the landlord acted in good .aith9
B>; &he cour0e o. conduct >et?een the landlord and the tenant9 and
Bc; &he degree o. harm to the tenant cau0ed >- the landlordL0 conduct.
3. 1. the rental agreement i0 terminated <ur0uant to 0u>0ection 1" the landlord 0hall return all
<re<aid rent and 0ecurit- recovera>le under thi0 cha<ter.
4. E)ce<t a0 other?i0e <rovided in 0u>0ection %" the tenant ma- recover immediate <o00e00ion o.
the <remi0e0 .rom the landlord >- .iling a veri.ied com<laint .or e)<edited relie. .or the unla?.ul
removal or e)clu0ion o. the tenant .rom the <remi0e0 or the ?ill.ul interru<tion o. e00ential 0ervice0.
%. , veri.ied com<laint .or e)<edited relie.:
Ba; =u0t >e .iled ?ith the court ?ithin % Audicial da-0 a.ter the date o. the unla?.ul act >- the
landlord" and the veri.ied com<laint mu0t >e di0mi00ed i. it i0 not timel- .iled. 1. the veri.ied
com<laint .or e)<edited relie. i0 di0mi00ed <ur0uant to thi0 <aragra<h" the tenant retain0 the right to
<ur0ue all other availa>le remedie0 again0t the landlord.
B>; =a- not >e .iled ?ith the court i. an action .or 0ummar- eviction or unla?.ul detainer i0
alread- <ending >et?een the landlord and tenant" >ut the tenant ma- 0eeE 0imilar relie. >e.ore the
Audge <re0iding over the <ending action.
*. &he court 0hall conduct a hearing on the veri.ied com<laint .or e)<edited relie. ?ithin 3
Audicial da-0 a.ter the .iling o. the veri.ied com<laint .or e)<edited relie.. Be.ore or at the 0cheduled
hearing" the tenant mu0t <rovide <roo. that the landlord ha0 >een <ro<erl- 0erved ?ith a co<- o. the
veri.ied com<laint .or e)<edited relie.. 5<on the hearing" i. it i0 determined that the landlord ha0
violated an- o. the <rovi0ion0 o. 0u>0ection 1" the court ma-:
Ba; 3rder the landlord to re0tore to the tenant the <remi0e0 or e00ential 0ervice0" or >oth9
B>; ,?ard damage0 <ur0uant to 0u>0ection 19 and
Bc; EnAoin the landlord .rom violating the <rovi0ion0 o. 0u>0ection 1 and" i. the circum0tance0 0o
?arrant" hold the landlord in contem<t o. court.
7. &he <a-ment o. all co0t0 and o..icial .ee0 mu0t >e de.erred .or an- tenant ?ho .ile0 a veri.ied
com<laint .or e)<edited relie.. ,.ter an- hearing and not later than .inal di0<o0ition o. the .iling or
order" the court 0hall a00e00 the co0t0 and .ee0 again0t the <art- that doe0 not <revail" e)ce<t that the
court ma- reduce them or ?aive them" a0 Au0tice ma- re@uire.J
IN!S 11$,.+9+ IE)cludeJ de.ined. IE)cludeJ mean0 to evict or to <rohi>it entr- >- locEing door0 or >- other?i0e
>locEing or attem<ting to >locE entr-" or to maEe a d?elling unit uninha>ita>le >- interru<ting or cau0ing the interru<tion
o. electric" ga0" ?ater or other e00ential 0ervice0.J
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,66 /,/E!S ,ND /6E,D1N:S ,ND C3!!ES/3NDENCS /!E#135S67 S5B=1&&ED &3 &2E !EN3
45S&1CE C35!& ,ND 3! 1&S E=/637EES 1S 2E!EB7 1NC3!/3!,&ED B7 !E(E!ENCE 1N&3 &21S
(161N:.
N!S 11$,.19+: I Notice: De.inition9 0ervice.
1. , <er0on ha0 notice o. a .act i.:
Ba; &he <er0on ha0 actual Eno?ledge o. it9
B>; &he <er0on ha0 received a notice or noti.ication o. it9 or
Bc; (rom all the .act0 and circum0tance0 the <er0on rea0ona>l- 0hould Eno? that it e)i0t0.
0. 8r!tten not!ce" to the tennt pre"cr!(e' (. th!" chpter "hll (e "er&e' !n the mnner pro&!'e' (. NRS
1,.0*,.
3. 8ritten notice0 to the landlord <re0cri>ed >- thi0 cha<ter ma- >e delivered or mailed to the <lace o. >u0ine00 o. the
landlord de0ignated in the rental agreement or to an- <lace held out >- the landlord a0 the <lace .or the recei<t o. rental
<a-ment0 .rom the tenant and are e..ective .rom the date o. deliver- or mailing.J
INRS 1,.0*, Service o. notice0 to @uit9 <roo. re@uired >e.ore i00uance o. order to remove.
1. E)ce<t a0 other?i0e <rovided in N!S 4+.2%3" the notice0 re@uired >- N!S 4+.2%1 to 4+.2*+" inclu0ive" ma- >e
0erved:
Ba; B- delivering a co<- to the tenant <er0onall-" in the <re0ence o. a ?itne009
B>; 1. the tenant i0 a>0ent .rom the tenantL0 <lace o. re0idence or .rom the tenantL0 u0ual <lace o. >u0ine00" >- leaving
a co<- ?ith a <er0on o. 0uita>le age and di0cretion at either <lace and mailing a co<- to the tenant at the tenantL0 <lace o.
re0idence or <lace o. >u0ine009 or
Bc; 1. the <lace o. re0idence or >u0ine00 cannot >e a0certained" or a <er0on o. 0uita>le age or di0cretion cannot >e
.ound there" >- <o0ting a co<- in a con0<icuou0 <lace on the lea0ed <ro<ert-" delivering a co<- to a <er0on there re0iding"
i. the <er0on can >e .ound" and mailing a co<- to the tenant at the <lace ?here the lea0ed <ro<ert- i0 0ituated.J
1 did not receive an- o. the email0 allegedl- 0ent to m- .rom !ichard 2illC0 email addre00" rhillWrichardhilla?.com
>et?een ,ugu0t 1$th" 2+11 to Novem>er 17th" 2+11" and certainl- none .rom rhillWrichardhilla?.com during the <eriod
>et?een the illegal locEout at 4:3+ <m Novem>er 1" 2+11 and the tre0<a00 arre0t o. Novem>er 13th" 2+11 ?hich allegedl-
0<oEe to m- >eing <rovided acce00 to the <ro<ert- .or the <ur<o0e o. m- removing m- >elonging0" de0<ite m- numerou0
call0 and ?ritten re@ue0t0" ?hich outlined the e)igencie0 inherent to m- >eing <recluded acce00 to m- client .ile0 incident
to an unla?.ul and im<ro<erl- notice and too earl- occurring locEout >- the 8CS3. 1 and m- >u0ine00 have >een
damaged greatl- >- the0e act0. (urther" 1 had re<eatedl- 0ent >oth BaEer and 2ill notice" in ?riting" that 1 did not con0ent
to 0ervice or notice o. an-thing via electronic mean0. (urther N!S 11$,.19+ doe0 not 0<eaE to Inotice o.J a legal
.inding" >ut rather to Inotice o. a .actJ. ,0 0uch" 1 ?a0 not a<<ro<riatel- 0erved notice o. the 3rder o. Summar- Eviction"
and an illegal locEout occurred" a0 0uch no criminal tre0<a00 charge can 0tand.
IN!S 11$,.2*+ Di0clo0ure o. name0 and addre00e0 o. manager0 and o?ner09 emergenc- tele<hone num>er9 0ervice o.
<roce00.
1. &he landlord" or an- <er0on authoriDed to enter into a rental agreement on hi0 or her >ehal." 0hall di0clo0e to the
tenant in ?riting at or >e.ore the commencement o. the tenanc-:
Ba; &he name and addre00 o.:
B1; &he <er0on0 authoriDed to manage the <remi0e09
B2; , <er0on ?ithin thi0 State authoriDed to act .or and on >ehal. o. the landlord .or the <ur<o0e o. 0ervice o.
<roce00 and receiving notice0 and demand09 and
B3; &he <rinci<al or cor<orate o?ner.
B>; , tele<hone num>er at ?hich a re0<on0i>le <er0on ?ho re0ide0 in the count- or ?ithin *+ mile0 o. ?here the
<remi0e0 are located ma- >e called in ca0e o. emergenc-.
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2. &he in.ormation re@uired to >e .urni0hed >- thi0 0ection mu0t >e Ee<t current" and thi0 0ection i0 en.orcea>le
again0t an- 0ucce00or landlord or manager o. the <remi0e0.
3. , <art- ?ho enter0 into a rental agreement on >ehal. o. the landlord and .ail0 to com<l- ?ith thi0 0ection i0 an
agent o. the landlord .or <ur<o0e0 o.:
Ba; Service o. <roce00 and receiving notice0 and demand09 and
B>; /er.orming the o>ligation0 o. the landlord under la? and under the rental agreement.
4. 1n an- action again0t a landlord ?hich involve0 hi0 or her rental <ro<ert-" 0ervice o. <roce00 u<on the manager o.
the <ro<ert- or a <er0on de0cri>ed in <aragra<h Ba; o. 0u>0ection 1 0hall >e deemed to >e 0ervice u<on the landlord. &he
o>ligation0 o. the landlord devolve u<on the <er0on0 authoriDed to enter into a rental agreement on hi0 or her >ehal..
%. &hi0 0ection doe0 not limit or remove the lia>ilit- o. an undi0clo0ed landlord.J
N!S 4+.31+ 100ue o. .act to >e tried >- Aur- i. <ro<er demand made. 8henever an i00ue o. .act i0 <re0ented >- the
<leading0" it 0hall >e tried >- a Aur-" i. <ro<er demand i0 made <ur0uant to the Nevada !ule0 o. Civil /rocedure or the
4u0tice Court !ule0 o. Civil /rocedure
,ctuall-" a lot o. <eo<le 0eemed con.u0ed regarding the I24 hour0J locEout thing. &he onl- a<<earance in either N!S
11$, or N!S 4+" in the <rovi0ion0 a<<lica>le to Summar- Eviction /roceeding0 o. an-thing related to I24 hour0J i0 in
N!S 4+.2%3B%;" ?hich onl- 0<eaE0 to a 0ituation ?here the &enant doe0 not .ile a &enantC0 ,n0?er or &enantC0 ,..idavit"
?hich i0 clearl- ina<<lica>le here" a0 the &enant did .ile 0uch a 3<<o0ition to the No Cau0e Eviction Notice: I%. 5<on
noncom<liance ?ith the notice:
Ba; &he landlord or the landlordL0 agent ma- a<<l- >- a..idavit o. com<laint .or eviction to the Au0tice court o. the
to?n0hi< in ?hich the d?elling" a<artment" mo>ile home or commercial <remi0e0 are located or to the di0trict court o. the
count- in ?hich the d?elling" a<artment" mo>ile home or commercial <remi0e0 are located" ?hichever ha0 Auri0diction
over the matter. The court m. thereupon !""ue n or'er '!rect!ng the "her!## or con"t(le o# the count. to remo&e
the tennt $!th!n 01 hour" #ter rece!pt o# the or'er. &he a..idavit mu0t 0tate or contain...J
So% ("ent "ome "ttutor. pro&!"!on llo$!ng the Or'er o# Summr. E&!ct!on to re"ult !n
loc2out (. the 8"hoe Count. Sher!##7" O##!ce pr!or to the ? '." #or m!l!ng $here per"onl
"er&!ce o# the Or'er o# Summr. E&!ct!on $" not e##ectute'% 'e"p!te $ht 8CSO emplo.ee
m. h&e !ncorrectl. 4or #l"el.5 ""erte' !n the 8CSO7" @ohn Mchem7" A##!'&!t o# Ser&!ce
#rom% #!le "tmpe' No&em(er G% 0,++. Attche' " ECh!(!t +. E)hi>it 1: $" not e##ectute'%
'e"p!te $ht 8CSO emplo.ee m. h&e !ncorrectl. 4or #l"el.5 ""erte' !n the 8CSO7" @ohn
Mchem7" A##!'&!t o# Ser&!ce #rom% #!le "tmpe' No&em(er G% 0,++ long $!th $r!tten
'm!""!on #rom 8CSO C!&!l Ser&!ce D!&!"!on Super&!"or L!A Stuchell tht Mchem onl. po"te'
the Or'er o# Summr. E&!ct!on on the 'oor o# the #ormer home l$ o##!ce% rther thn
<per"onll. "er&e'< !t n' R!chr' )!ll E"B7" o$n Proo# o# Ser&!ce o# Not!ce o# Entr. o# the
Or'er #or Summr. E&!ct!on "ho$!ng m!le' on 'te o# No&em(er +% 0,++ 4n' the R@C
ne&er m!le' cop. o# tht OR'er ccor'!ng the to Recor' on Appel !n CH++-,?60*5- three
4?5 pge".
AFFIRMATION PURSUANT TO NRS 0?F;.,?,
&he under0igned doe0 here>- a..irm that the <receding document doe0 not contain the 0ocial
0ecurit- num>er o. an- <er0on.
Dated at !eno" Nevada" thi0 3rd da- o. =arch" 2+12"
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01272
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6,8 3((1CES 3( Zachar- BarEer Coughlin
Co'coun0el .or the De.endant
B-:OOOOOOOOOOOOOOOOOOOOOO
Zach Coughlin" E0@.
Nevada Bar No: 9473
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01273
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PROOF OF SERHICE
/ur0uant to N!C/ %B>;" 1 certi.- that 1 0erved a co<- o. the .oregoing document u<on the
.ollo?ing <art- >- .a)ing" emailing" dro<<ing o.. at their o..ice" and <lacing a true and correct co<-
o. the .oregoing document in the u0 mail addre00ed to:
4ill DraEe" E0@.
!eno Cit- ,ttorne-C0 3..ice ' Criminal Divi0on
/.3. Bo) 19++
!eno " N# $9%+%
/hone Num>er: 77%'334'2+%+ (a) num>er: 77%'334'242+
DraEe4Wreno.gov
,ttorne- .or Cit- o. !eno
Xeith 6lo-d 6oomi0" E0@.
94*$ Dou>le ! Blvd. Suite ,
!eno" N# $9%21
/hone Num>er: 77%'$%3'7222 (a) num>er: 77%'$%3'+$*+
Eeithloomi0WearthlinE.net
!=C (iling 3..ice (a) =achine: (a): B77%; 334'3$24
Date thi0 =arch 3" 2+12:
NSN Zach Coughlin
Zach Coughlin" De.endant
Co'Coun0el .or De.endant
' 3% '
NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01274
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INDE: TO E:)I;ITS
1. E)hi>it 1: $" not e##ectute'% 'e"p!te $ht 8CSO emplo.ee m. h&e !ncorrectl. 4or
#l"el.5 ""erte' !n the 8CSO7" @ohn Mchem7" A##!'&!t o# Ser&!ce #rom% #!le "tmpe'
No&em(er G% 0,++ long $!th $r!tten 'm!""!on #rom 8CSO C!&!l Ser&!ce D!&!"!on Super&!"or
L!A Stuchell tht Mchem onl. po"te' the Or'er o# Summr. E&!ct!on on the 'oor o# the
#ormer home l$ o##!ce% rther thn <per"onll. "er&e'< !t n' R!chr' )!ll E"B7" o$n Proo# o#
Ser&!ce o# Not!ce o# Entr. o# the Or'er #or Summr. E&!ct!on "ho$!ng m!le' on 'te o#
No&em(er +% 0,++ 4n' the R@C ne&er m!le' cop. o# tht OR'er ccor'!ng the to Recor' on
Appel !n CH++-,?60*5- three 4?5 pge".
' 3* '
NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01275
EXHIBIT 1
EXHIBIT 1
01276
01277
To: 1699ac9c-69bl-4S98-88fS-JOdd36e fIom: zachcoughl1D 3-03-12 3:09plI p, 39 of 40
lotll1ail Print httl':hby bay I, _
RE: WCSO Deputy Machem's "personally served" Affidavit of 11/1/2011
ro-,,,">: li2
Sen\: l 2!ni/12 11:40 AM
T.,: z.,",ovghlill@hotnloll.tolT'
ee: Ka"dar .... M.ry (mk.nd.r.sliIlda,w"sh""CDlInty,l!s)
Our ItlLil.:.lU:o th:.t ,he 1!\I:l'.:tlOfl condlJdm' 1)11 tJJ'f w .. s per!-IJhlllly by f)eptlt ..... bv I)u.s;tt"a 3 c")U'y' uttht" 'u fht! 1111..4 r(' .. utlll::nH',i.ed Jf 1he
time.
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<rosecutors liBe DraBe D?ho reminded the undersigned that she ?as the # <la>er on the )eno /igh
9irls .ennis .eam in high school a&ter the /earing on 3e=ruar> !, !(!;...Being a tedd> =ear is &ine,
- guess, =ut not e'actl> the &irst thing - looB &or in de&ense counsel. Eoral o& the stor>, donAt thro?
client under the =us instead o& disclosing im<ermissi=le con&lict that >our con&lict checBs should have
revealed <rior to entering the sanctit> o& the attorne> client relationshi<, something that should =e
sacred, not Cust something 5uentes enteres to get a <a>checB and dum<s once it =ecomes
inconvenient.
De&endantF6<<ellant, Zach Coughlin, here=> &iles this Notice o& 6<<eal, Eotion to *acate and
or "et 6side, 0C)C5 $9, 0C)C5 %(, Eotion &or )econsideration8 Eotion &or )ecusal8 Eotion 3or
5u=lication 2& .ranscri<t at 5u=lic E'<ense, 5etition &or -n 3orma 5au<eris "tatus.
3urther no one has e'<lained .aitels m>sterious a=ilit> to 4ithdra? as Counsel ?ithout
com<l>ing ?ith )EC )ule $ or e'<laining ?h> he ?ithdre?. Not sure there is an 2rder allo?ing
.aitelAs ?ithdra?. 5uentes Eotion to 4ithdra argued:
@.he instant matter ?as set &or trial on 0anuar> (, !(!, /o?ever, a de&ense
motion to continue ?as &iled on 0anuar> 3,!(!, not o<<osed, and granted. 6 ne?
trial date is <ending. 1nder "u<reme Court )ule 4%, the attorne> in an action ma>
=e changed at an> time =e&ore Cudgment u<on the consent o& the attorne>,
a<<roved => the client, or u<on order o& the court or Cudge thereo& on the
a<<lication o& the attorne> or client. "C) 4%. 3urther, under N)5C , %D=;, a
la?>er ma> ?ithdra? &rom re<resenting a client i& the same can =e accom<lished
?ithout material adverse e&&ect on the interests o& the client8 a client insists u<on
taBing action the la?>er considers re<ugnant, or ?ith ?hich the la?>er has
&undamental disagreement8 the re<resentation has =een rendered unreasona=l>
di&&icult => the client8 or other good cause &or ?ithdra?al e'ists. "ee N)5C ,
%D=;D;, D4;, D%;, D7;. .he undersigned regret&ull> maBes this motion as continued
re<resentation o& the de&endant in this matter has =een rendered unreasona=l>
di&&icult and the de&endant ?ill =e =etter served => having an alternative legal
de&ender a<<ointed to re<resent him.@
6ctuall> 5uentes does not state ?ith su&&icient <articularit> ?h> or ho? his ?ithdra? @can
=e accom<lished ?ithout material adverse e&&ect on the interests o& the client@. -ndeed, having his
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Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
01284
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<rivate and con&idential case &ile <assed around liBe a hot <otato => )EC @&ormer <rosecutor@
de&enders is not in clientAs =est interest. 5uentes is required to detail Cust ho? @the re<resentation
has =een rendered unreasona=l> di&&icult => the client@ and this rule is su=Cect to a good &aith
requirement. .hat is, la?>ers canAt invoBe it to get out o& di&&icult or com<le' cases or to insure
the> onl> receive eas> cases. Can some=od> e'<lain to me ?h> DicB /ill going on vacation is a
su&&icient Custi&ication &or continuing a criminal trial, =ut m> =eing evicted and ?rong&ull> arrested
Ddue to DicB /illAs alleged =ri=er> o& the )5D and the )5DAs ?rong&ull arrest o& me, etc., and DicB
/illAs a<<l>ing a ?rong&ul and outla?ed rent distraint u<on =oth m> clientAs &iles and e'cul<ator>
evidence in C) !!7%; does not <resent a valid =asis &or a continuanceG 6nd - told .aitle -
?anted an o<<osition &iled to the motion &or continuance, >et it ?as not. "ee attached E'hi=it &or
su<<ort &or the contention that 5uentes ?ithdra? here is ina<<ro<riate as has =een most o& his
actions in this matter.
52-N." 6ND 61./2)-.-E"
6N6:7"-"
-NC2)52)6.E B7 )E3E)ENCE 6:: :64 6ND 6""E).-2N" -N 6..6C/ED
565E)" 6ND 5:E6D-N9" 6ND 4)-.-N9" -N EH/-B-. :
)econsideration 4DC) !D9;, DC) 3...
)1:E $9. NE4 .)-6:"8 6EENDEEN. 23 01D9EEN."
'a( )rounds* 6 ne? trial ma> =e granted to all or an> o& the <arties and on all or <art o& the issues &or an> o& the
&ollo?ing causes or grounds materiall> a&&ecting the su=stantial rights o& an aggrieved <art>: D; -rregularit> in the
<roceedings o& the court, Cur>, master, or adverse <art>, or an> order o& the court, or master, or a=use o& discretion =>
?hich either <art> ?as <revented &rom having a &air trial8 D!; Eisconduct o& the Cur> or <revailing <art>8 D3; 6ccident or
sur<rise ?hich ordinar> <rudence could not have guarded against8 D4; Ne?l> discovered evidence material &or the <art>
maBing the motion ?hich the <art> could not, ?ith reasona=le diligence, have discovered and <roduced at the trial8 D$;
Eani&est disregard => the Cur> o& the instructions o& the court8 D%; E'cessive damages a<<earing to have =een given under
the in&luence o& <assion or <reCudice8 or, D7; Error in la? occurring at the trial and o=Cected to => the <art> maBing the
motion. 2n a motion &or a ne? trial in an action tried ?ithout a Cur>, the court ma> o<en the Cudgment i& one has =een
entered, taBe additional testimon>, amend &indings o& &act and conclusions o& la? or maBe ne? &indings and conclusions,
and direct the entr> o& a ne? Cudgment.
'( "i&e for Motion* 6 motion &or a ne? trial shall =e &iled no later than ( da>s a&ter service o& ?ritten notice o& the
entr> o& the Cudgment.
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Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
01285
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'c( "i&e for Ser+in, Affida+its* 4hen a motion &or ne? trial is =ased u<on a&&idavits the> shall =e &iled ?ith the motion.
.he o<<osing <art> has ( da>s a&ter service ?ithin ?hich to &ile o<<osing a&&idavits, ?hich <eriod ma> =e e'tended &or
an additional <eriod not e'ceeding !( da>s either => the court &or good cause sho?n or => the <arties => ?ritten
sti<ulation. .he court ma> <ermit re<l> a&&idavits.
'd( !n Court-s %nitiati+e; Notice; Specif.in, )rounds* No later than ( da>s a&ter entr> o& Cudgment the court, on its
o?n, ma> order a ne? trial &or an> reason that ?ould Custi&> granting one on a <art>Is motion. 6&ter giving the <arties
notice and an o<<ortunit> to =e heard, the court ma> grant a timel> motion &or a ne? trial &or a reason not stated in the
motion. 4hen granting a ne? trial on its o?n initiative or &or a reason not stated in a motion, the court shall s<eci&> the
grounds in its order.
'e( Motion to Alter or A&end a Jud,&ent* 6 motion to alter or amend the Cudgment shall =e &iled no later than ( da>s
a&ter service o& ?ritten notice o& entr> o& the Cudgment.
.he 2rder allo?ing 5uentes ?ithdr?as &its under @ -rregularit> in the <roceedings o& the court, Cur>, master, or
adverse <art>, or an> order o& the court, or master, or a=use o& discretion => ?hich either <art> ?as <revented &rom having
a &air trial@ as 5uentes ?as at least ommitting Be> in&ormation to the court, i& not misleading it as to his rationale &or
?ithdra?ing. 5lus 0udge 9ardnerAs 2rder, res<ect&ull> contains @Error in la? occurring at the trial and o=Cected to => the
<art> maBing the motion. 2n a motion &or a ne? trial in an action tried ?ithout a Cur>, the court ma> o<en the Cudgment i&
one has =een entered, taBe additional testimon>, amend &indings o& &act and conclusions o& la? or maBe ne? &indings and
conclusions, and direct the entr> o& a ne? Cudgment.@ .he la? sim<l> does not allo? &or such an unsu<<orted => &acts or
s<eci&ics Eotion to 4ithdra? to =e granted.
)1:E %(. )E:-E3 3)2E 01D9EEN. 2) 2)DE)
'a( Clerical Mista/es* Clerical mistaBes in Cudgments, orders or other <arts o& the record and errors therein arising &rom
oversight or omission ma> =e corrected => the court at an> time o& its o?n initiative or on the motion o& an> <art> and
a&ter such notice, i& an>, as the court orders. During the <endenc> o& an a<<eal, such mistaBes ma> =e so corrected =e&ore
the a<<eal is docBeted in the a<<ellate court, and therea&ter ?hile the a<<eal is <ending ma> =e so corrected ?ith leave o&
the a<<ellate court.
'( Mista/es; %nad+ertence; #$cusale Ne,lect; Ne0l. 1isco+ered #+idence; Fraud, #tc* 2n motion and u<on such
terms as are Cust, the court ma> relieve a <art> or <art>Is legal re<resentative &rom a &inal Cudgment, order, or <roceeding
&or the &ollo?ing reasons: D; mistaBe, inadvertence, sur<rise, or e'cusa=le neglect8 D!; ne?l> discovered evidence ?hich
=> due diligence could not have =een discovered in time to move &or a ne? trial under )ule $9D=;8 D3; &raud D?hether
hereto&ore denominated intrinsic or e'trinsic;, misre<resentation or other misconduct o& an adverse <art>8 D4; the
Cudgment is void8 or, D$; the Cudgment has =een satis&ied, released, or discharged, or a <rior Cudgment u<on ?hich it is
=ased has =een reversed or other?ise vacated, or it is no longer equita=le that an inCunction should have <ros<ective
a<<lication. .he motion shall =e made ?ithin a reasona=le time, and &or reasons D;, D!;, and D3; not more than % months
a&ter the <roceeding ?as taBen or the date that ?ritten notice o& entr> o& the Cudgment or order ?as served. 6 motion
under this su=division D=; does not a&&ect the &inalit> o& a Cudgment or sus<end its o<eration. .his rule does not limit the
<o?er o& a court to entertain an inde<endent action to relieve a <art> &rom a Cudgment, order, or <roceeding, or to set
aside a Cudgment &or &raud u<on the court. 4rits o& coram no=is, coram vo=is, audita querela, and =ills o& revie? and =ills
in the nature o& a =ill o& revie?, are a=olished, and the <rocedure &or o=taining an> relie& &rom a Cudgment shall =e =>
motion as <rescri=ed in these rules or => an inde<endent action.
.he 2rder or 0udgment is void as it e'tends to matters &or ?hich the Court cannot rule, ie, an 2rder allo?ing
?ithdra? ?here not good &aith =asis &or requesting a ?ithdra?al e'ists.
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Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
01286
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<rosecutorial misconduct Dsuch as the D.6. ?ithholding @e'cul<ator>@ evidence that couldIve hel<ed >our de&ense;
Cudicial errors Dsuch as the Cudge <ermitting evidence that shouldIve =een e'cluded or vice versa;
erroneous a<<lication o& a la? or regulation im<ro<er Cur> instructions
ine&&ective assistance o& counsel or other mal<ractice the evidence did not <rove >our guilt =e>ond a reasona=le dou=t
36-:1)E .2 6332)D "-H./ 6EENDEEN. )-9/. .2 C21N"E: 2) 9)6N. DEE6ND 32) 01)7 .)-6:8
another DEE6ND 32) 01)7 .)-6: /E)EB7 E6DE -N E*EN. 23 NE4 .)-6:, "-E-:6):7 )EJ1E". 32)
-N 32)E6 5615E)-" ".6.1" /E)EB7 E6DE 6ND "1552).ED B7 6..6C/ED -35 5E.-.-2N
C2NC:1"-2N
De&endantF6<<elant Coughlin here=> res<ect&ull> requests all 2rders, Convictions,
0udgments, Contem<t 3indings, ?hatever, stemming &rom 3e=ruar> !nd ,!(! /earing on 5uentes
Eotion to 4ithdra? =e *acated or "et 6side or )econsidered and are here=> a<<eal ?ith an -35
request to ?aive the &iling &ee &or the notice o& a<<eal or allo? a relation =acB &or the &iling date u<on
an> denial o& the &ee ?aiver. 3urther, a co<> o& the audio o& the !F!F! /earing is here=> requested..
633-)E6.-2N 5ursuant to N)" !39B.(3(
.he undersigned does here=> a&&irm that the <receding document does not contain
the social securit> num=er o& an> <erson.
D6.ED this 3th Da> o& 3e=ruar>, !(
KFsF Zach Coughlin
Zach Coughlin
De&endant
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Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
01287
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DEC:6)6.-2N 23 Z6C/ C219:-N -N "1552). 23 ./E 32)E92-N9 D2C1EEN.
. .his Declaration is made <ursuant to the <rovisions o& N)" $3.(4$, - am <resentl> in the "tate o&
Nevada and - declare under <enalt> o& <erCur> that the &oregoing is true and correct.
!. Declarant is the 5lainti&& in the a=ove title action.
3. Declarant avers that the &actual statements set &or a=ove in the &oregoing document are, to the
=est o& his Bno?ledge and understanding, accurate.
4. -, Zach Coughlin, am availa=le to testi&>, i& necessar>, as to these matters. - declare under <enalt>
o& <erCur> that the &oregoing is true and correct.
E'ecuted on 3e=ruar> 3th, !(!
FsF Zach Coughlin
Zach Coughlin
5:6-N.-33
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Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
01288
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5)223 23 "E)*-CE
-, Zach Coughlin, declare:
2n 3e=ruar> 3th, !(!, -, Er. Zach Coughlin served the &oregoing Notice o& 6<<eal,
Eotion to *acate and or "et 6side, 0C)C5 $9, 0C)C5 %(, Eotion &or )econsideration8 Eotion &or
)ecusal => emailing and &a'ing and or <lacing in the mail a true co<> thereo& to:
0ill DraBe
Com<an>: )eno Cit> 6ttorne>As 2&&ice , Criminal Divison 6ddress: 5.2. Bo' 9(( )eno , N*
+9$($ 5hone Num=er: 77$,334,!($( 3a' num=er: 77$,334,!4!(
DraBe0Lreno.gov
D6.ED ./-" 3th da> o& 3e=ruar>
B7:
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Zach Coughlin
De&endant
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Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
01289
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-nde' to E'hi=its
. E'hi=it : .?ent>,si' D!%; <age collection o& attorne> client corres<ondence =et?een Coughlin
and 5uentes in su<<ort o& the undersigned contnetions herein.
- 8 -
Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
01290
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EH/-B-.
EH/-B-.
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Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
01291
continuance and my files

continuance and my files
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Fri 12/09/11 1:11 AM
To: puenteslaw@aol.com


Dear Mr. Puentes,

I would like for you to subpoena both Officers present at the arrest of November 13, 2011 to testify at the trial. I would like for you to subpoena (by
subpoena duces tecum, I suppose) all recordings, dispatch reports, written documentation, reports in any way connected to, or other materials, whether
admissible or not, in any way connected to the arrest of November 13, 2011 or the charges against which I am defending in conjunction with your
representation. I wish for you to email me these materials to the extent possible, and where that is not possible, please mail them to me at my address
of record at www.nvbar.org, and found below at the end of this letter. Email is better for me than fax, as it is free whereas I have to pay for faxes by the
page, whether local or not. I prefer email too over having to take time out of what is an extremely busy and trying schedule of mine currently.

RPD Officer Carter made a statement at the scene of the arrest that Mr. Richard Hill paid him a lot of money and therefore he does what Mr. Hill says to
do and arrest who Mr. Hill says to arrest. This has been reported to several RPD Officers, including Sargent Tarter, who responded by retaliating against
me with several traffic citations and made incorrect assertions about whether one would be turning into oncoming one way traffic to get to Mr. Hills
652 Forest St. address from the intersection of Forest and St. Laurence in justifying his retalitatory citation (for which he apparently called in another
officer to write out, curiously). I DO NOT WANT YOU TO DISCUSS MY CASE WITH ANYONE OUTSIDE OF MY PRESENCE, INCLUDING VERBAL
AND OR WRITTEN COMMUNICATIONS. THIS INCLUDES ANY COMMUNICATIONS, VERBAL OR WRITTEN WITH THE RENO MUNICIPAL
COURT AND ANYONE IN ANY WAY CONNECTED WITH THE RENO POLICE DEPARTMENT OR RENO CITY ATTORNEY'S OFFICE, AS WELL AS
LEW TAITEL.

Please email or fax meacompletecopy of my file, including all pleadings, correspondences, and any other documentation or mediaat all connected with my case.
Please further discloseany conflicts of interest you might havein representing me. I did not agreeto acontinuance, and I believeit is my right as aclient to control
themeans and objectives of thelitigation and or defense, and that, to me, does not includewaiving my right to contest any motion for acontinuanceor making things
nice and easy for Richard G. Hill, Esq. Further, I would liketo know who agreed to thecontinuanceand why it is Mr. Taitel is no longer attorney of record (nothing
against you, pleasebelievethat).

Further, if Mr. Taitel is no longer attorney of record in this matter, pleaseexplain why, in detail, in writing. If he has withdrawn, and if you did so based on some
conflict of interest, how is it that that conflict of interest did not precludehim fromapparently agreeing to acontinuanceor failing to filean opposition or alerting me
to the situation at all? Pleasenotemy new address and contact information below. Additionally, pleaseindicate, in writing, theextent to which you havean
established procedureto check for conflicts prior to taking on cases and prior to obtaining confidential client files and information. Pleaseindicatein writing any
deviation fromsuch aprocedureor failing of your office's practices to prevent such prejudiceto my casein your taking on my representation. Pleasecopy meon any
and all correspondences and or documentation or discovery in any way related to this matter.

Sincerely,
/S/ ZACH COUGHLIN, SIGNED ELECTRONICALLY

Zach Coughlin
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Fri 12/09/11 3:53 AM
To: puenteslaw@aol.com
1 attachment
12 8 11 fax to Puentes.pdf (63.6 KB)
Mr. Puentes, please find attached my signed written request for you to file certain motions. I want to
review the final drafts prior to your filing them and have tried hard to do most of the work for you.
Further, you might find the following documentary that someone posted on youtube.com helpful in
understanding this case:
http://www.youtube.com/user/25teddyjames?feature=watch

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
Tel: please only communicate in writing
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Fax: 949 667 7402


Dear Mr. Puentes,



I would also like for you to subpoena Dr. Matt Merliss, the owner of the property who was present at the scene of arrest. Further, I would like for you to
depose both RPD Officers (Carter and the female Officer). I would like a copy of the probable cause sheet and all witness statements and Officer's
Supplemental Declarations as soon as possible, please, in addition to all the other materials I set forth in my previous written correspondence to you.



I would like a Motion in Limine to be filed to exclude anything discovered upon the RPD illegal search of the property, including any videos by Richard
Hill or anyone else that the Reno City Attorney seeks to have admitted. I want a Motion to Dismiss filed seeking to dismiss this case based upon a
number of arguments, including the fact that any underlying Summary Eviction Order was void for lack of jurisdiction (please see my recent filing,
attached, in Reno Justice Court case rev2011-001708, in that this was noticed as a No Cause Eviction against a commercial lessee. As such, any
Summary Eviction Order is void for lack of jurisdiction given the express prohibition in both NRS 40.253 and the Nevada Supreme Court's explanation in
the Landlord Tenant Handbook found on the Supreme Court's website and elsewhere where it is made explicitly clear that landlord's may not use
Summary Eviction Proceedings to evict commercial lessees or tenants where non payment of rent is not alleged or where the Notice of Eviction or
Unlawful detainer is a No Cause notice, as was the case in Rev2011-001708. As such, no trespassing could have occurred.
Beyond that, I am requesting you file a Motion to Dismiss based upon the fact that any lockout occurring on November 1, 2011 necessarily occurred
too early and prior to any lawful notice or service of any Summary Eviction Order only signed on October 27
th
, 2011, especially where no personal
service of such an ordered was alleged or shown. I detailed this in the email pasted below.
Further, a Motion to Dismiss I request you file due to Casey Baker's November 11, 2011 letter to me wherein he sends me a bill for the full rental value
of the property where the commercial lease was located for the entire month of November 2011, a period after the alleged illegal lockout. As such, no
trespass could have occurred because such a bill for rent is tantamount to rescinding any void eviction order or otherwise indicative of an invitation,
entrapment, or assent to the addressee of such a letter or bill being able to go onto the property, allegedly. In his letter mailed to Coughlin of
November 10, 2011, Casey Baker, Esq wrote In addition to the sums identified by Dr. Merliss in his affidavit, your debt now also includes fees for
storage of your personal possessions left at the property, which accrue daily at the fair rental value of the property. Your debt further includes actual
costs for inventorying and moving your possessions from the property. See NRS 118A.460. Those sums will be provided to you once they have been
fixed. Enclosed you will also find a notice of entry of the court's order awarding costs and attorney's fees against you. The court's award of cost in the
amount of $421.75, and attorney's fees in the amount of $1,500.00, has now been reduced to judgment. You are responsible for those sums. Further, as
you know, in his Memorandum of Costs and Disbursements filed on October 27,2011, Dr. Merliss actually sought $607.24 in costs and $17,938.75 in
attorney's fees against you. We believe you are responsible for those amounts, plus any and all fees and costs that have accrued, and continue to
accrue, since Letter to Zachary Coughlin Re: Verification of Debt November 10, 2011 Page 20f2 that date, in the matters currently pending before the
courts as an item of damages. Dr. Merliss win seek recovery of those sums, and an future fees and costs incurred, through the appropriate channels...



As such, Baker and Hill sent Coughlin a bill for the full rent of the property. $900 a month was the rent for the property under the commercial lease.
Baker and Hill wrote telling Coughlin they were continuing to charge him that even after the alleged illegal lockout of November 1, 2011. Further, Baker
and Hill flagrantly wrote to Coughlin in the same letter that the impermissible $1,500 in attorney's fees ordered by Judge Sferrazza was not enough for
them, and that they fully intended to continue to pursue recovery of the nearly $20,000 in attorney's fees they sought in their Memorandum of Fees and
Costs of October 27
th
, 2011, despite the res judicata effect of Judge Sferrazza's November 9, 2011 Order granting them $1,500 in attorney's fees, and
despite the fact that NRS 69.030 only allows for prevailing party attorney's fees in civil actions, while JCRCP 3 specifically provides that there are three
types of matters in Nevada's Justice Court, and expressly separates landlord tenant matters from civil actions, and, as such, the prevailing party
attorney's provisions of NRS 69.030 do not apply and there exists no other basis for an attorney's fees award under any of the arguments Baker or Hill
put forth. There conduct is tantamount to extortion while leveraging their law licenses and degrees.



Further, I would like for you to seek a continuance of the trial in this matter as this case is going to require extensive discovery, settlement negotiations,
and other complex legal work and there is not enough time for that as the schedule is currently set. I am attaching a collection of written materials the
landlord/property owner at 121 River Rock St 89501 (where the trespass arrest occurred sent me), including some letters that inform me they were
charging me the full rent of the property for the entire month of November 2011 (the illegal lockout allegedly occurred on November 1, 2011, though
there has been no proof of service or "receipt" pursuant to NRS 40, and given that the lockout was apparently signed by Judge Sferrazza on October
27th, 2011, that day does not count for service of the Order, the Reno Justice Court is closed on Fridays, non judicial weekend days don't count for the 3
days for service under NRCP 4-6, etc. As such, the earliest service by mail could have been affected for the Order for Summary Eviction would have been
November 2, 2011. It is alleged the lockout occurred prior to that time, and further, no emails were received from Richard Hill's email address,
rhill@richardhillaw.com at any point between August 17th, 2011 and November 18th, 2011, period. Whether any emails from Hills
rhill@richardhillaw.com address were "bounced back" to him or whether that address was added to my "blocked sender" list is a matter for Mr. Hill to
sludge his way through, but I can attest under penalty of perjury that I did not receive any emails from that rhill@richardhillaw.com email address
between that time period. I can further attest that I made calls and written correspondences to both Hill's rhill@richardhillaw.com email and his
associate Casey Baker, Esq.'s email, electroencephalographic addresses that went unresponded to with regard to my numerous requests to be allowed
access to remove my property commercial and otherwise
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These included, but were not limited to, the following:









From: zachcoughlin@hotmail.com



Sent: Wed 11/09/11 12:43 PM



To: Casey Baker (cdbaker@richardhillaw.com)









Don't ignore my calls about my possessions. You potentially conducted an illegal lockout of a law office an inspection outside my presence. The lease
requires my presence. It also makes your guy responsible for the electric bill, read it carefully. Show your proof of any "receipt" of any lockout order 24
hours prior to your actions. My possessions better be safe and afforded all legal protections and I want updates one whatf is being done with them and
an opportunity to clean or otherwise put the premises in the condition I intended to leave it in prior to the illegal lockout. I want my possessions that
are in the house and all privacy rights respected. There is a motion for stay in district court right now.



Re: Verification of Your Debt? 11/10/11
To Casey Baker
From: zachcoughlin@hotmail.com
(Sent: Thu 11/10/11 12:24 PM
To: Casey Baker (cdbaker@richardhillaw.com)
You guys are way over the days for providing verification under the FDCPA. Can you say treble damages? I habe not received a single email such as
those you refer to from richard hill. I dont consent to service of anything via email from your shop. I know you want everything to be at warp speed, but
you have to serve me through the mail or some non electronic means. Make sure rich isnt getting "unnsuccessful email transmission" messages....i can
certainly prove i have not received any such emails from Dick. I want my stuff its important client materials etc. You guys have not returned my
messages about that, its wrong to try to charge me rent when you are ducking me.



From: zachcoughlin@hotmail.com Sent: Fri 11/11/11 12:49 AM To: Casey Baker (cdbaker@richardhillaw.com); rhill@richardhillaw.com
(rhill@richardhillaw.com) Hi Guys, I have been having some technical difficulties, some emails appear blank or black, kind of like your client described in
response to some of my emails. Hey, ever heard of a litigation hold notice? That is what this is ,please retain and failure messages you recieve in your
own email which might prove that an email you sent me just didn't quite make it. You know just producing a copy of some email you sent me (even
though i have repeatedly told you i dont consent to service electronically in any form and am not a registered efiler like you two legal eagles) is not
going to be good enough when i break out the old litigation hold notice and anything elese that might tend to show any emails you sent could not
have made it to me....why such a rush, Boys? You are doing your patented and typical bang up milking job on thos headstrong rich client of yours...smell
the flowers a little. For instance, you don't want to do an illegal lockout and illegal inspection, particularly where the lease calls for my presence at any
inspection and then if you did not make sure the "receipt" requirement was met for any lockout order then went ahead and violated someone's
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01294
constitutional rights to boot. Plus you are way late on the FDCPA stuff, and the prevailing party atty fee statute is for cicil actons, which jcrcp 3 separates
justice court matters into 3 types, and the civil actions mentioned in seller's prevailing party fee statute is mentioned as different from landord tenant
cases and small claims cases..So where is your good faith basis for moving for atty fees, much less for $20k worth of them. Why did you cite the
controlled substances manufacture statute to support your atty fee motion? I pulled every eviction y'all ever done... RJC has been like swinging the bat
in the on deck circle with 5 donuts on the bat for me, gentlemen. For you, its been the polar opposite. But we gettin' called up to the show! You never
know when you are on tape or film guys. And my bat speed is lookin' tremendous. I have tried again and again to get some response from you guys
about accesing my important files and keeping my very valuable possesions safe but have yet to here back feom you, in the event you have done a
lockout. Mr. Baker said he did some filmmaking or something when he broke in to any attorneys office, it was hard to hear through all the cooing.
Anyways, I aren't that smart, but dontcha have to like store my possessions after movin' them somewhere safe, the make a reasonably diligent attempt
to rent the place out to mitigate and damages or lost rent, plus provide me my deposit within like 10 days or something? I know mighty Casey likes to
give me lil research projects, but I am busy fleshing out some motion work right now, so maybe you get on that and let me know when and where I can
get my things and valuable client files, hopefully you two points of light haven't done nuthhin' to 'em. Now, I dont want to come between you and
Casey...I know he is probably getting a little tired of you keeping most of the profit while he gets dirty doing the gutters, but you guys have a nice lil
batman robin thing going and it would be a shame to see it end, so let's just try and make this work."



From the alleged date of the illegal lockout of November 1, 2011 until Casey Baker's November 10, 2011 written bill to me for full rent for the month of
November 2011 (ie, after the alleged illegal lockout and therefore extinguishing the eviction and creating a new lease or rescinding the eviction order
and, perhaps making extortionate threats to apply an unlawful rent distraint in contravention of NRS 40.460, and NRS 40. 520, etc.) I received two
written correspondences of any sort from anyone connected with the landlord Matt Merliss (a neurosurgeon graduate of Beverly Hills HS) and the law
office of Richard G. Hill, Esq. (including Hill and Baker, etc.). These two written correspondences from Casey Baker are attached and pasted below:






subject: Verification of Your Debt
11/10/11
Casey Baker
To zachcoughlin@hotmail.com
From: Casey Baker (cdbaker@richardhillaw.com)
Sent: Thu 11/10/11 11:13 AM
To: zachcoughlin@hotmail.com
1 attachment
LT Coughlin (verif of debt)(11-10-11).pdf (146.0 KB)
Mr. Coughlin:
Attached please find my letter to you dated November 10, 2011.
Sincerely,
Casey D. Baker, Esq.
Richard G. Hill, Chartered
652 Forest Street
Reno, Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858



Email: cdbaker@richardhillaw.com
CONFIDENTIAL: ATTORNEY WORK PRODUCT; ATTORNEY-CLIENT PRIVILEGE
This e-mail may contain legally privileged or confidential information. If you are not the intended recipient, please do not read, copy, use, or disclose
this communication to anyone other than the intended recipient. If you have received this message in error, please notify the sender and delete the
email message from your system. Thank you.
Circular 230 Notice.
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code
or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
RE: request for 30 days additional to stay in possession disability

11/04/11
Casey Baker
To zachcoughlin@hotmail.com
From: Casey Baker (cdbaker@richardhillaw.com)
Sent: Fri 11/04/11 12:36 PM
To: zachcoughlin@hotmail.com

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Mr. Coughlin:



We have never been served with any paper entitled Motion to Continue in Possession. If you have proof to the contrary, please provide it.
With respect to your request for another 30 days, please identify the legal and factual basis for your request, including any specific statute you are
purporting to invoke.
Casey Baker



Below for your convenience is a copy of the email I recently sent you as my, Zach Coughlin's, counsel of record, Mr. Puentes:



Zach Coughlin, Esq.
From: zachcoughlin@hotmail.com
To: puenteslaw@aol.com
Subject: continuance and my files
Date: Fri, 9 Dec 2011 01:11:35 -0800



Dear Mr. Puentes,

I would like for you to subpoena both Officers present at the arrest of November 13, 2011 to testify at the trial. I would like for you to subpoena (by
subpoena duces tecum, I suppose) all recordings, dispatch reports, written documentation, reports in any way connected to, or other materials, whether
admissible or not, in any way connected to the arrest of November 13, 2011 or the charges against which I am defending in conjunction with your
representation. I wish for you to email me these materials to the extent possible, and where that is not possible, please mail them to me at my address
of record at www.nvbar.org, and found below at the end of this letter. Email is better for me than fax, as it is free whereas I have to pay for faxes by the
page, whether local or not. I prefer email too over having to take time out of what is an extremely busy and trying schedule of mine currently.

RPD Officer Carter made a statement at the scene of the arrest that Mr. Richard Hill paid him a lot of money and therefore he does what Mr. Hill says to
do and arrest who Mr. Hill says to arrest. This has been reported to several RPD Officers, including Sargent Tarter, who responded by retaliating against
me with several traffic citations and made incorrect assertions about whether one would be turning into oncoming one way traffic to get to Mr. Hills
652 Forest St. address from the intersection of Forest and St. Laurence in justifying his retalitatory citation (for which he apparently called in another
officer to write out, curiously). I DO NOT WANT YOU TO DISCUSS MY CASE WITH ANYONE OUTSIDE OF MY PRESENCE, INCLUDING VERBAL AND OR
WRITTEN COMMUNICATIONS. THIS INCLUDES ANY COMMUNICATIONS, VERBAL OR WRITTEN WITH THE RENO MUNICIPAL COURT AND ANYONE IN
ANY WAY CONNECTED WITH THE RENO POLICE DEPARTMENT OR RENO CITY ATTORNEY'S OFFICE, AS WELL AS LEW TAITEL.

Please email or fax me a complete copy of my file, including all pleadings, correspondences, and any other documentation or media at all connected
with my case. Please further disclose any conflicts of interest you might have in representing me. I did not agree to a continuance, and I believe it is my
right as a client to control the means and objectives of the litigation and or defense, and that, to me, does not include waiving my right to contest any
motion for a continuance or making things nice and easy for Richard G. Hill, Esq. Further, I would like to know who agreed to the continuance and why
it is Mr. Taitel is no longer attorney of record (nothing against you, please believe that).

Further, if Mr. Taitel is no longer attorney of record in this matter, please explain why, in detail, in writing. If he has withdrawn, and if you did so based
on some conflict of interest, how is it that that conflict of interest did not preclude him from apparently agreeing to a continuance or failing to file an
opposition or alerting me to the situation at all? Please note my new address and contact information below. Additionally, please indicate, in writing,
the extent to which you have an established procedure to check for conflicts prior to taking on cases and prior to obtaining confidential client files and
information. Please indicate in writing any deviation from such a procedure or failing of your office's practices to prevent such prejudice to my case in
your taking on my representation. Please copy me on any and all correspondences and or documentation or discovery in any way related to this matter.

Sincerely,
/S/ ZACH COUGHLIN, SIGNED ELECTRONICALLY
Zach Coughlin
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402


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01296

faxed signed letter attached
Sincerely,

Zach Coughlin, Esq.
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 12:35 AM
To: puenteslaw@aol.com
2 attachments
12 14 11 faxed letter to Puentes 11 CR 26405 2I.pdf (55.0 KB) , Coughlin IFP and Financial Inquiry Application RMC 11222011 11 CR 26405
2I.pdf (381.9 KB)
Mr. Puentes,
Please find my faxed signed letter attached. Also, if I am supposed to file an updated Financial Status
Application, please find that attached.

December 13th, 2011
Dear Mr. Puentes,
Hello, I received a package from you in the mail today. It did not contain a letter from you or any
indication of whether you will subpoena Dr. Merliss to attend the January Trial date, which is fast
approaching, whether you will depose him or Richard Hill, etc. Please respond in writing regard the
various written requests and questions I posed to you in my recent written correspondences, including,
but not limited to, whether you will comply with my requests to file a Motion in Limine, Motion to
Dismiss, Depose Dr. Merliss and Richard Hill, file a Motion to Set Aside the Continuance, for which I
was never appropriately provided a chance to contest, or served the Original Motion for Continuance.
I want to be copied, in writing, on every single thing related in any way to this case. RMC Rules
require the attorney, such as you and Lew Taitel to file a Notice of Appearance and to file a Motion to
Withdraw. Please provide a copy of the docket in this case. I do not see where Mr. Taitel ever filed a
Motion to Withdraw or where an Order Granting such a withdrawal was granted. It is my
understanding, though, that an Order Granting a Motion to Dismiss was likely entered. I want for you
to file a Motion To Set Aside that Order if it was based on Richard Hill citing some lame reason, like he
was going to be Porsche shopping in Florida or otherwise on vacation for some extended stretch or that
Richard Hill was the only person able to testify about whatever it is Richard Hill may want to testify
about. Dr. Merliss can take time out of raking in millions of dollars being a Beverly Hills HS graduate
neurosurgeon. I want him subpoenaed and deposed for the upcoming trial. I want a subpoena duces
tecum served on Richard Hill for any evidence related to this case, including any videos. Further, I
want you to make an inquiry and take appropriate action to discern whether I was appropriately served
any Notice Setting Hearing documents in this case, ascertaining exactly who (including which Marshal)
may have served me anything, the manner and place in which is was served, whose signature is there,
etc., whether the signature bears a date that is PRIOR in time to the Print Date on the Notice Setting
Hearing, etc.
Further, I want you to subpoena or obtain a copy of (and provide one to me) of the video of the
November 14th, 2011 arraignment, the entire video, start to finish (not just my appearance), I will pay
any charge if I have to, but I believe an IFP was granted that would cover such a charge in this matter.
I do not believe it would be accurate for the Reno Municipal Court to state or write, with respect to my
and the November 14, 2011 arraignment, that DEFENDANT APPEARED, WAS EXPLAINED
HIS/HER RIGHTS BY THE JUDGE AND INDICATED THAT HE/SHE UNDERSTOOD THEM
COMPLETELY... If the RMC has made that assertion in writing I want you to file something in
writing contesting that assertion. I do not believe I have been told that there is any possibility that I will
be required to pay you or the RMC any fees in connection with your representation. If that is not the
case, please explain in writing.
Sincerely,
Zach Coughlin, Esq

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
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client controls means and objectives of litigation under Rules of Professional
Conduct
Nevada Bar No: 9473



** Notice** This messageand accompanying documents arecovered by theelectronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain
confidential information intended for thespecified individual (s) only. If you arenot theintended recipient or an agent responsiblefor delivering it to theintended
recipient, you arehereby notified that you havereceived this document in error and that any review, dissemination, copying, or thetaking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that is
privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that any
disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be
unlawful. If you receive this message in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and
destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 12:52 AM
To: puenteslaw@aol.com
Dear Mr. Puentes,

Please let me know when we can discuss my case, the trial is very soon. I received a mailing from you, but it did not have a signed letter
from you stating what was in the package. Please email me or fax me any document production in the future and redact my personally
identifiable information from all documentions coming in or out of your office.
In the mailing I received from you was:
1. WCSO Mugshot Profile booking no: 1119876, one page
2. Criminal Complaint 11-22185, one page, signed by Richard Hill, not filestamped
3. ARrest Report and Declaration of Probable Cause rpd 1101921 C r650225 , Declarant RPD Officer Carter, no Magistrate signature
(please find out why), one page
4. RPD, 3 pages 11-22185 Adminstrative Information, etc. (please subpoena and depose both RPD Officer's Lopez and Carter, asking them
whether they verbally identified themselves prior to, according to Hill, kicking the door down, and further questions them concerning the
accuracy of Hill's written statement and whether Officer Carter said to the accused that Richard Hill pays him, Officer Carter, a lot of
money and therefore Carter arrests who Hills says to arrest and does what Hill says to do. Further, please depose both officers, asking
whether the accused requested they take any action or ask Hill any questions and whether the Officers did so. Please subpoena the RPD for
any recordings, calls, documentation relating to this matter, or RPD Sargent Tarter's alleged retaliation against me and the traffic citations
he called in another RPD officer to write against me on or around November 15th, 2011. Please file a counterclaimalleged 42 USC 1983
violations againt the City of Reno and the RPD, in addition to other appropriate counterclaims. Please depose Hill to verify his written
account that he actually walked into the Basement, that Merliss himself kicked the door down, whether the RPD Officers verbally
identified themselves prior to the door being kicked down, whether the accused hesitated at all upon the RPD identifying themselves, etc....

Sincerely,



Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documents arecovered by theelectronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain
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01298

CORRECTION FW: client controls means and objectives of litigation under Rules
of Professional Conduct
confidential information intended for thespecified individual (s) only. If you arenot theintended recipient or anagent responsiblefor delivering it to theintended
recipient, you arehereby notified that you havereceived this document in error and that any review, dissemination, copying, or thetaking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that is
privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that any
disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be
unlawful. If you receive this message in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and
destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 1:19 AM
To: puenteslaw@aol.com
Dear Mr. Puentes,


Please amend the list below to include the following:
5. RPD Statement by Richard Hill 11-22185

Further, please note I mistakenly noted in paragraph 4 below, that Hill was attributed as making a
written stament about entering the basement. Please, instead, ask the same questions of Officer Carter,
as to whether he "entered the doorway of the basement and found..." and what exactly he means by "He
was hesitant to come out and eventually did so". IE, what exactly does "eventually" mean? Like, one
second, ten minutes? What? Whether Officer Carter ever actually stepped foot in the basement, or
whether by writing that he "entered the doorway" Officer Carter is actually stating that he peeked his
head in or otherwise peered in. Please inquire as to whether the RPD refused to kick the door down or
whether someone else did, etc. PLEASE ASK OFFICER CARTER WHETHER HIS WRITTEN
STATMENT IS ENTIRELY ACCURATE WHERE IT ATTRIBUTES A QUOTE TO THE
ACCUSED THAT CARTER IS OR WAS "ON RICHARD HILL'S PAYROLL..." and further what
exactly was allegedly said about "working a deal". Please ask Carter and Lopez whether the accused
asked why they didn't just issue a citation and whether one would be arrested for getting their mail after
an eviction and why exactly an incarceration was necessary compared to a citation. Please further
inquire as to whether these Officers refused to make any arrests or investigation requested by the
accused and whether Carter indicated that he would never arrest anyone based on anything said by the
person he is arresting at the time such accusations, or counter accusations, are made. Please further
send Merliss and Hill subpoena duces tecum/interrogatories/request for production/ and request for
admission seeking specific, written indication and evidence supporting all contentions in any of the
materials upon which this arrest or this case is based, including, but not limited to Hill's written
statement that "We have observed evidence that he was coming and going."

Sincerely,

Zach Coughlin

From: zachcoughlin@hotmail.com
To: puenteslaw@aol.com
Subject: client controls means and objectives of litigation under Rules of Professional Conduct
Date: Wed, 14 Dec 2011 00:52:25 -0800

Dear Mr. Puentes,

Please let me know when we can discuss my case, the trial is very soon. I received a mailing from you, but it did not have a signed letter
from you stating what was in the package. Please email me or fax me any document production in the future and redact my personally
identifiable information from all documentions coming in or out of your office.
In the mailing I received from you was:
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THIS COULD WIN THE CASE IN 11 CR 26405 2I
1. WCSO Mugshot Profile booking no: 1119876, one page
2. Criminal Complaint 11-22185, one page, signed by Richard Hill, not filestamped
3. ARrest Report and Declaration of Probable Cause rpd 1101921 C r650225 , Declarant RPD Officer Carter, no Magistrate signature
(please find out why), one page
4. RPD, 3 pages 11-22185 Adminstrative Information, etc. (please subpoena and depose both RPD Officer's Lopez and Carter, asking them
whether they verbally identified themselves prior to, according to Hill, kicking the door down, and further questions them concerning the
accuracy of Hill's written statement and whether Officer Carter said to the accused that Richard Hill pays him, Officer Carter, a lot of
money and therefore Carter arrests who Hills says to arrest and does what Hill says to do. Further, please depose both officers, asking
whether the accused requested they take any action or ask Hill any questions and whether the Officers did so. Please subpoena the RPD for
any recordings, calls, documentation relating to this matter, or RPD Sargent Tarter's alleged retaliation against me and the traffic citations
he called in another RPD officer to write against me on or around November 15th, 2011. Please file a counterclaimalleged 42 USC 1983
violations againt the City of Reno and the RPD, in addition to other appropriate counterclaims. Please depose Hill to verify his written
account that he actually walked into the Basement, that Merliss himself kicked the door down, whether the RPD Officers verbally
identified themselves prior to the door being kicked down, whether the accused hesitated at all upon the RPD identifying themselves, etc....

Sincerely,



Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



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From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 5:02 AM
To: puenteslaw@aol.com
5 attachments
11 1 2011 Affidavit of Service, Notice of Entry of Order, and Order for Summary Eviction Rev2011-001708.pdf (7.8 MB) , Affidavit of Service
Sheriff's Machen 4 30 pm 11 1 2011.pdf (555.1 KB) , 12 14 11 fax to Puentes ISSUES THAT CAN WIN THE CASE.pdf (144.2 KB) , 11 21 11
Declaration of Richard Hill attach to his M for OSC (11-21-11) Compare to Police Reports and deposition of RPD's Carter and Lopez and
Merliss.pdf (791.4 KB) , 11 21 2011 REV2011-00178 RICHARD HILL'S M for OSC (11-21-11).pdf (711.7 KB)
ZachCoughlin, Esq.
817N. VirginiaSt. #2
Reno, NV89501
Tel: pleaseonlycommunicateinwriting
Fax: 9496677402
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LicensedinNevada, NV Bar No: 9473



December 14
th
, 2011


Dear Mr. Puentes,

Mr. Puentes,

Please find attached the Affidavit of Service, filed November 7th, 2011 in the eviction case in RJ C (REV2011-0017808) from which the
trespass case you are Attorney of Record for (RMC 11 CR 26405 2I) stems. TURNS OUT, THE AFFIDAVIT OF SERVICE FILED BY
THE WASHOE COUNTY SHERIFF'S AUTHORIZED AGENT, J OHN MACHEN ADMITS, IN WRITING, THAT THE EVICTION
ORDER AND LOCKOUT WERE SERVED AND CONDUCTED PRIOR TO THE TIME AND DATE CALLED FOR BY THE
EVICTION ORDER (WHICH WAS NOT EVEN PUT INTO THE MAIL WITH A PROOF OF SERVICE UNTIL NOVEMBER 1,
2011...AND NRCP 4-6 APPLY TO STATUTORY UNLAWFUL DETAINER ACTIONS, THEREFORE, THE RJ C IS CLOSED
FRIDAYS AND OTHER NON JUDICIAL DAYS DO NOT COUNT, NOR DOES THE DAY THE ORDER IS SIGNED COUNT).
PLEASE ALSO FIND ATTACHED RICHARD HILL, ESQ'S DECLARATION ATTACHED TO A MOTION TO SHOW CAUSE HE
FILED IN REV2011-001708, WHICH I BELIEVE MAY PROVIDE FERTILE GROUND FOR IMPEACHING THE WRITTEN
STATEMENTS AND FUTURE TESTIMONY OF RPD OFFICER'S CARTER, LOPEZ, LANDLORD MERLISS, HILL HIMSELF,
ETC. PLEASE DO NOT DISCUSS THIS VERBALLY OR IN WRITING WITH ANYONE OTHER THAN MYSELF ABSENT MY
EXPRESS WRITTEN CONSENT PRIOR TO DOING SO.

I prefer to discuss this with you prior to your taking any action in relation to this illegal lockout or insufficient service of process or early
lockout or however it is described. The Sheriff's server, Machen, might try to argue that he served the Eviction Order at 4:30 pm, then
waited around until after 5 pm (as required by the Eviction Order) to perform the actual lockout. I think it would be best to get Machen
admitting, by tricking him into admitting, if necessary, that he performed the lockout within minutes of serving the Eviction Order.
Further, the law in our State does not seemexceptionally clear with regard to the service and process requirements and timelines, and
manner of calculating time with respect to the "receipt" of Lockout Orders. The Affidavit of Service by Machen states that he "personally
served the described documents upon" my, Zach Coughlin...However, I can attest by Affidavit that I was not "personally served" to the
extent that "personally served" means or implies that I was there, that Machen saw me or identified me, or any of the other indicators of
something, such as a Complaint, being "personally served" such as I understand the phrase to me. NRCP 5(b)(2)(A)(i-iii). Further, as
Baker and Hill have so often pointed out, I cannot, according to them, receive any attorney's fee award for appearing as pro se attorney, as
such, NRCP 5(b)(2)(A)(i-iii), should apply to me only as a party, and not as a party's attorney, and, therefore, according to NRCP 5,
Service: "(2) Service under this rule is made by: (A) Delivering a copy to the attorney or the party by: (i) handing it to the attorney or to the
party; (ii) leaving it at the attorneys or partys office with a clerk or other person in charge, or if there is no one in charge, leaving it in a
conspicuous place in the office; or (iii) if the office is closed or the person to be served has no office, leaving it at the persons dwelling
house or usual place of abode with some person of suitable age and discretion residing there..." So, either it was my office, in which
case a No Cause Eviction Notice makes impermissible a Summary Eviction Proceeding under NRS 40.253, and therefore, the Order of
Summary Eviction is void for lack of jurisdiction, or, the Affidavit of Service was on my home, and was not "handed" to me, or
"personally served" (despite the Affidavit attesting to having "personally served" me), nor was the Order of Summary Eviction served in
accordance with NRCP 5(b)(2)(A)(iii), which requires: "if the office is closed or the person to be served has no office, leaving it at the
persons dwelling house or usual place of abode with some person of suitable age and discretion residing there.."

Further, I believe posting an Order on one's residence door, particularly in the context of serving a No Cause Notice of Eviction or
Unlawful Detainer, is only valid if the document being served is also placed in the mail and 3 non judicial days are accorded for service to
be complete. See NRCP 6(e). I do not believe they can prove that at all, not even close. NRCP applies to Summary Eviction Actions,
according to the following:
"NRS 40.380 Provisions governing appeals. Either party may, within 10 days, appeal from the judgment rendered. But an appeal by the
defendant shall not stay the execution of the judgment, unless, within the 10 days, the defendant shall execute and file with the court or
justice the defendants undertaking to the plaintiff, with two or more sureties, in an amount to be fixed by the court or justice, but which
shall not be less than twice the amount of the judgment and costs, to the effect that, if the judgment appealed frombe affirmed or the
appeal be dismissed, the appellant will pay the judgment and the cost of appeal, the value of the use and occupation of the property, and
damages justly accruing to the plaintiff during the pendency of the appeal. Upon taking the appeal and filing the undertaking, all further
proceedings in the case shall be stayed.
Actually, a lot of people seemed confused regarding the 24 hours lockout thing. The only appearance in either NRS 118A or NRS 40, in the provisions
applicable to Summary Eviction Proceedings of anything related to 24 hours is in NRS 40.253(5), which only speaks to a situation where the Tenant
does not file a Tenant's Answer or Tenant's Affidavit, which is clearly inapplicable here, as the Tenant did file such a Opposition to the No Cause Eviction
Notice: 5. Upon noncompliance with the notice:
(a) The landlord or the landlords agent may apply by affidavit of complaint for eviction to the justice court of the township in which the dwelling,
apartment, mobile home or commercial premises are located or to the district court of the county in which the dwelling, apartment, mobile home or
commercial premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an order directing the sheriff or
constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit must state or contain...
So, absent some statutory provision allowing the Order of Summary Eviction to result in a lockout by the Washoe County Sheriff's Office prior to the 3
days for mailing where personal service of the Order of Summary Eviction was not effectuated, despite what WCSO employee may have incorrectly (or
falsely) asserted in the WCSO's John Machem's Affidavit of Service from, file stamped November 7, 2011 (especially where it is timestamped 4:30 pm,
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November 1, 2011, especially where the Order of Summary Eviction explicitly reads that no such lockout shall occur prior to 5:00 pm on November 1,
2011). See, NRCP 5(b)(2)(A)(i-iii), NRCP 6(e).
Interestingly, Richard Hill knows his case is toast under NRCP 5(b)(2)(A)(i-iii), NRCP 6(e), in addition to NRCP 11. That is why in
Richard Hill's November 21, 2011 Motion for Order To Show Cause, on page 2, Hills resorts to literally grasping at straws, imagining that
what the Washoe County Sheriff's Office customarily does is somehow automatically codified into mandatory precedent black letter law.
To wit, Richard Hill wrote in his Motion For Order To Show Cause that: FACTS SHOWING CONTEMPT OF COURT 6. EXHIBIT
1 was served on Coughlin on November " 2011 by the Washoe County Sheriffs Department, by posting same on the front door of the
property in the manner customary for evictions in Washoe County. The locks to the premises were changed at that time, thereby ejecting
and dispossessing Coughlin of possession of the Property. Further, therein Richard Hill admits that the lockout occurred at 4:30 pm, as
indicated in writing in the WCSO's Machem's Affidavit of Service, contra to the mandate of J udge Sferrazza's Order of Summary Eviction
requiring any lockout to occur after 5:00 pm, November 1, 2011.
NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay. Upon an
appeal from an order entered pursuant to NRS 40.253:
1. Except as otherwise provided in this subsection, a stay of execution may be obtained by filing with the trial court a bond in
the amount of $250 to cover the expected costs on appeal. In an action concerning a lease of commercial property or any other
property for which the monthly rent exceeds $1,000, the court may, upon its own motion or that of a party, and upon a showing of
good cause, order an additional bond to be posted to cover the expected costs on appeal. A surety upon the bond submits to the
jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the suretys agent upon whom papers
affecting the suretys liability upon the bond may be served. Liability of a surety may be enforced, or the bond may be released, on
motion in the appellate court without independent action.
2. A tenant who retains possession of the premises that are the subject of the appeal during the pendency of the appeal shall pay to the
landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. If the tenant fails to
pay such rent, the landlord may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to NRS
40.253.
NRS 40.390 Appellate court not to dismiss or quash proceedings for want of form. In all cases of appeal under NRS 40.220 to 40.420,
inclusive, the appellate court shall not dismiss or quash the proceedings for want of form, provided the proceedings have been conducted
substantially according to the provisions of NRS 40.220 to 40.420, inclusive; and amendments to the complaint, answer or summons, in
matters of form only, may be allowed by the court at any time before final judgment upon such terms as may be just; and all matters of
excuse, justification or avoidance of the allegations in the complaint may be given in evidence under the answer.
NRS 40.400 Rules of practice. The provisions of NRS, Nevada Rules of Civil Procedure and Nevada Rules of Appellate
Procedure relative to civil actions, appeals and new trials, so far as they are not inconsistent with the provisions of NRS 40.220 to
40.420, inclusive, apply to the proceedings mentioned in those sections.
So, considering that NRS 40.400 requires that NRCP apply to Summary Eviction Proceedings under NRS 40.253, then service, process,
and time calculations of such must comport with the dictates of NRCP 5-6: " RULE 5. SERVICE AND FILING OF PLEADINGS AND
OTHER PAPERS
(a) Service: When Required. Except as otherwise provided in these rules, every order required by its terms to be served, every
pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to
discovery required to be served upon a party unless the court otherwiseorders, every written motion other than one which may be heard ex
parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served
upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or
additional claims for relief against them shall be served upon themin the manner provided for service of summons in Rule 4.
(b) Same: How Made.
(1) Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service
shall be made upon the attorney unless the court orders that service be made upon the party.
(2) Service under this rule is made by:
(A) Delivering a copy to the attorney or the party by:
(i) handing it to the attorney or to the party;
(ii) leaving it at the attorneys or partys office with a clerk or other person in charge, or if there is no one in charge,
leaving it in a conspicuous place in the office; or
(iii) if the office is closed or the person to be served has no office, leaving it at the persons dwelling house or usual place
of abode with some person of suitable age and discretion residing there.
(B) Mailing a copy to the attorney or the party at his or her last known address. Service by mail is complete on mailing;
provided, however, a motion, answer or other document constituting the initial appearance of a party must also, if served by mail,
be filed within the time allowed for service; and provided further, that after such initial appearance, service by mail be made only
by mailing from a point within the State of Nevada.
(C) If the attorney or the party has no known address, leaving a copy with the clerk of the court.
(D) Delivering a copy by electronic means if the attorney or the party served has consented to service by electronic
means. Service by electronic means is complete on transmission provided, however, a motion, answer or other document
constituting the initial appearance of a party must also, if served by electronic means, be filed within the time allowed for service.
The served attorneys or partys consent to service by electronic means shall be expressly stated and filed in writing with the clerk
of the court and served on the other parties to the action. The written consent shall identify:
(i) the persons upon whom service must be made;
(ii) the appropriate address or location for such service, such as the electronic-mail address or facsimile number;
(iii) the format to be used for attachments; and
(iv) any other limits on the scope or duration of the consent.
An attorneys or partys consent shall remain effective until expressly revoked or until the representation of a party changes
through entry, withdrawal, or substitution of counsel. An attorney or party who has consented to service by electronic means shall,
within 10 days after any change of electronic-mail address or facsimile number, serve and file notice of the new electronic-mail address or
facsimile number.
(3) Service by electronic means under Rule 5(b)(2)(D) is not effective if the party making service learns that the attempted
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service did not reach the person to be served.
(4) Proof of service may be made by certificate of an attorney or of the attorneys employee, or by written admission, or by
affidavit, or other proof satisfactory to the court. Failure to make proof of service shall not affect the validity of service...
RULE 6. TIME
(a) Computation. In computing any period of time prescribed or allowed by these rules, by the local rules of any district court, by
order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run
shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a nonjudicial day, in
which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a nonjudicial day, or, when the act to be
done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of the district court
inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of
time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and nonjudicial days shall be excluded in the
computation except for those proceedings filed under Titles 12 or 13 of the Nevada Revised Statutes...
(e) Additional Time After Service by Mail or Electronic Means. Whenever a party has the right or is required to do some act
or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon the party
and the notice or paper is served upon the party by mail or by electronic means, 3 days shall be added to the prescribed period.
Subdivision (a) is revised to extend the exclusion of intermediate Saturdays, Sundays, and nonjudicial days to the computation of time
periods less than 11 days consistent with the 1985 amendments to the federal rule. Additionally, the inaccessibility of the court
provision found in subdivision (a) of the federal rule is added to Rule 6(a). Subdivision (a) is further amended, by adding language
referring to proceedings filed under Titles 12 or 13 of the Nevada Revised Statutes, to avoid any changes to current procedures in
probate, guardianship and trust proceedings....
Subdivision (e) is amended to provide an additional 3 days to act in response to a paper that is served by electronic means under
new paragraph (2)(D) added to Rule 5(b)."
NRS 40.253 Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent.
1. Except as otherwise provided in subsection 10, in addition to the remedy provided in NRS 40.2512 and 40.290 to 40.420, inclusive,
when the tenant of any dwelling, apartment, mobile home, recreational vehicle or commercial premises with periodic rent reserved
by the month or any shorter period is in default in payment of the rent, the landlord or the landlordsagent, unless otherwise agreed in
writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises...
4. If the tenant files such an affidavit at or before the time stated in the notice, the landlord or the landlords agent, after receipt of a
file-stamped copy of the affidavit which was filed, shall not provide for the nonadmittance of the tenant to the premises by locking or
otherwise.
5. Upon noncompliance with the notice:
(a) The landlord or the landlords agent may apply by affidavit of complaint for eviction to the justice court of the township in which
the dwelling, apartment, mobile home or commercial premises are located or to the district court of the county in which the dwelling,
apartment, mobile home or commercial premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an
order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order..
6. Upon the filing by the tenant of the affidavit permitted in subsection 3, regardless of the information contained in the affidavit, and
the filing by the landlord of the affidavit permitted by subsection 5, the justice court or the district court shall hold a hearing, after service
of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section.
If the court determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful
detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the
tenant. If the court determines that there is a legal defense as to the alleged unlawful detainer, the court shall refuse to grant either
party any relief, and, except as otherwise provided in this subsection, shall require that any further proceedings be conducted
pursuant to NRS 40.290 to 40.420, inclusive. The issuance of a summary order for removal of the tenant does not preclude an action
by the tenant for any damages or other relief to which the tenant may be entitled....
7. The tenant may, upon payment of the appropriate fees relating to the filing and service of a motion, file a motion with the court, on a
form provided by the clerk of the court, to dispute the amount of the costs, if any, claimed by the landlord pursuant to NRS 118.207 or
118A.460 for the inventory, moving and storage of personal property left on the premises. The motion must be filed within 20 days after the
summary order for removal of the tenant or the abandonment of the premises by the tenant, or within 20 days after:
(a) The tenant has vacated or been removed fromthe premises; and
(b) A copy of those charges has been requested by or provided to the tenant,
whichever is later.
8. Upon the filing of a motion pursuant to subsection 7, the court shall schedule a hearing on the motion. The hearing must be
held within 10 days after the filing of the motion. The court shall affix the date of the hearing to the motion and order a copy
served upon the landlord by the sheriff, constable or other process server. At the hearing, the court may:
(a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118.207 or 118A.460 and any accumulating daily costs; and
(b) Order the release of the tenants property upon the payment of the charges determined to be due or if no charges are determined to
be due.
Landlord Merliss filed only a No Cause Notice of Eviction in REV2011-001708 on Commercial Tenant Zach Coughlin, Esq.'s law office.
As such, a Summary Eviction Proceeding is impermissible given the requirement of NRS 40.253 that the Notice alleged non-payment of
rent to allow the landlord to proceed under the Summary Eviction Proceeding section, NRS 40.253. Further, Judge Sferrazza was
precluded from ruling on anything other than possession of the premises pursuant to NRS 40.253(6), Anvui, and Glazier. Further, the
tenancy did not terminate under the Lease Agreement, it ws renewed.
NRS 40.254 Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property.
Except as otherwise provided by specific statute, in addition to the remedy provided in NRS 40.251 and in NRS 40.290 to 40.420, inclusive,
when the tenant of a dwelling unit which is subject to the provisions of chapter 118A of NRS, part of a low-rent housing program operated
by a public housing authority, a mobile home or a recreational vehicle is guilty of an unlawful detainer, the landlord is entitled to the
summary procedures provided in NRS 40.253 except that:
1. Written notice to surrender the premises must:...(e) A statement that the claim for relief was authorized by law.
As such, the too early lockout brings into play the following:
NRS 118A.390 Unlawful removal or exclusion of tenant or willful interruption of essential services; procedure for expedited relief.
1. If the landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the
tenants entry upon the premises or willfully interrupts or causes or permits the interruption of any essential service required by
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the rental agreement or this chapter, the tenant may recover immediate possession pursuant to subsection 4, proceed under NRS
118A.380 or terminate the rental agreement and, in addition to any other remedy, recover the tenants actual damages, receive an
amount not greater than $1,000 to be fixed by the court, or both.
2. In determining the amount, if any, to be awarded under subsection 1, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harmto the tenant caused by the landlords conduct.
3. If the rental agreement is terminated pursuant to subsection 1, the landlord shall return all prepaid rent and security recoverable under
this chapter.
4. Except as otherwise provided in subsection 5, the tenant may recover immediatepossession of the premises from the landlord by filing a
verified complaint for expedited relief for the unlawful removal or exclusion of the tenant fromthe premises or the willful interruption of
essential services.
5. A verified complaint for expedited relief:
(a) Must be filed with the court within 5 judicial days after the date of the unlawful act by the landlord, and the verified complaint must be
dismissed if it is not timely filed. If the verified complaint for expedited relief is dismissed pursuant to this paragraph, the tenant retains the
right to pursue all other available remedies against the landlord.
(b) May not be filed with the court if an action for summary eviction or unlawful detainer is already pending between the landlord and
tenant, but the tenant may seek similar relief before the judge presiding over the pending action.
6. The court shall conduct a hearing on the verified complaint for expedited relief within 3 judicial days after the filing of the verified
complaint for expedited relief. Before or at the scheduled hearing, the tenant must provide proof that the landlord has been properly served
with a copy of the verified complaint for expedited relief. Upon the hearing, if it is determined that the landlord has violated any of the
provisions of subsection 1, the court may:
(a) Order the landlord to restore to the tenant the premises or essential services, or both;
(b) Award damages pursuant to subsection 1; and
(c) Enjoin the landlord fromviolating the provisions of subsection 1 and, if the circumstances so warrant, hold the landlord in contempt of
court.
7. The payment of all costs and official fees must be deferred for any tenant who files a verified complaint for expedited relief. After any
hearing and not later than final disposition of the filing or order, the court shall assess the costs and fees against the party that does not
prevail, except that the court may reduce themor waive them, as justice may require.



NRS 118A.090 Exclude defined. Exclude means to evict or to prohibit entry by locking doors or by otherwise blocking or attempting to block entry,
or to make a dwelling unit uninhabitable by interrupting or causing the interruption of electric, gas, water or other essential services.
ALL PAPERS AND PLEADINGS AND CORRESPONDENCS PREVIOUSLY SUBMITTED TO THE RENO JUSTICE COURT AND OR ITS EMPLOYEES IS HEREBY
INCORPORATED BY REFERENCE INTO THIS FILING.
NRS 118A.190: Notice: Definition; service.
1. A person has notice of a fact if:
(a) The person has actual knowledge of it;
(b) The person has received a notice or notification of it; or
(c) From all the facts and circumstances the person reasonably should know that it exists.
2. Written notices to the tenant prescribed by this chapter shall be served in the manner provided by NRS 40.280.
3. Written notices to the landlord prescribed by this chapter may be delivered or mailed to the place of business of the landlord designated in the rental
agreement or to any place held out by the landlord as the place for the receipt of rental payments from the tenant and are effective from the date of
delivery or mailing.
NRS 40.280 Service of notices to quit; proof required before issuance of order to remove.
1. Except as otherwise provided in NRS 40.253, the notices required by NRS 40.251 to 40.260, inclusive, may be served:
(a) By delivering a copy to the tenant personally, in the presence of a witness;
(b) If the tenant is absent from the tenants place of residence or from the tenants usual place of business, by leaving a copy with a person of suitable
age and discretion at either place and mailing a copy to the tenant at the tenants place of residence or place of business; or
(c) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a
conspicuous place on the leased property, delivering a copy to a person there residing, if the person can be found, and mailing a copy to the tenant at
the place where the leased property is situated.
I did not receive any of the emails allegedly sent to my from Richard Hill's email address, rhill@richardhillaw.com between August 18
th
, 2011 to
November 17
th
, 2011, and certainly none from rhill@richardhillaw.com during the period between the illegal lockout at 4:30 pm November 1, 2011 and
the trespass arrest of November 13
th
, 2011 which allegedly spoke to my being provided access to the property for the purpose of my removing my
belongings, despite my numerous calls and written requests, which outlined the exigencies inherent to my being precluded access to my client files
incident to an unlawful and improperly notice and too early occurring lockout by the WCSO. I and my business have been damaged greatly by these
acts. Further, I had repeatedly sent both Baker and Hill notice, in writing, that I did not consent to service or notice of anything via electronic means.
Further NRS 118A.190 does not speak to notice of a legal finding, but rather to notice of a fact. As such, I was not appropriately served notice of the
Order of Summary Eviction, and an illegal lockout occurred, as such no criminal trespass charge can stand.
NRS 118A.260 Disclosure of names and addresses of managers and owners; emergency telephone number; service of process.
1. The landlord, or any person authorized to enter into a rental agreement on his or her behalf, shall disclose to the tenant in writing at or before the
commencement of the tenancy:
(a) The name and address of:
(1) The persons authorized to manage the premises;
(2) A person within this State authorized to act for and on behalf of the landlord for the purpose of service of process and receiving notices and
demands; and
(3) The principal or corporate owner.
(b) A telephone number at which a responsible person who resides in the county or within 60 miles of where the premises are located may be called in
case of emergency.
2 The information required to be furnished by this section must be kept current and this section is enforceable against any successor landlord or
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01304

FW: THIS COULD WIN THE CASE IN 11 CR 26405 2I
manager of the premises.
3. A party who enters into a rental agreement on behalf of the landlord and fails to comply with this section is an agent of the landlord for purposes of:
(a) Service of process and receiving notices and demands; and
(b) Performing the obligations of the landlord under law and under the rental agreement.
4. In any action against a landlord which involves his or her rental property, service of process upon the manager of the property or a person described
in paragraph (a) of subsection 1 shall be deemed to be service upon the landlord. The obligations of the landlord devolve upon the persons authorized
to enter into a rental agreement on his or her behalf.
5. This section does not limit or remove the liability of an undisclosed landlord.
NRS 40.310 Issue of fact to be tried by jury if proper demand made. Whenever an issue of fact is presented by the pleadings, it shall be tried by a jury, if
proper demand is made pursuant to the Nevada Rules of Civil Procedure or the Justice Court Rules of Civil Procedure



Actually, a lot of people seemed confused regarding the 24 hours lockout thing. The only appearance in either NRS 118A or NRS 40, in the provisions
applicable to Summary Eviction Proceedings of anything related to 24 hours is in NRS 40.253(5), which only speaks to a situation where the Tenant
does not file a Tenant's Answer or Tenant's Affidavit, which is clearly inapplicable here, as the Tenant did file such a Opposition to the No Cause Eviction
Notice: 5. Upon noncompliance with the notice:
(a) The landlord or the landlords agent may apply by affidavit of complaint for eviction to the justice court of the township in which the dwelling,
apartment, mobile home or commercial premises are located or to the district court of the county in which the dwelling, apartment, mobile home or
commercial premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an order directing the sheriff or
constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit must state or contain...
So, absent some statutory provision allowing the Order of Summary Eviction to result in a lockout by the Washoe County Sheriff's Office prior to the 3
days for mailing where personal service of the Order of Summary Eviction was not effectuated, despite what WCSO employee may have incorrectly (or
falsely) asserted in the WCSO's John Machem's Affidavit of Service from, file stamped November 7, 2011 (especially where it is timestamped 4:30 pm,
November 1, 2011, especially where the Order of Summary Eviction explicitly reads that no such lockout shall occur prior to 5:00 pm on November 1,
2011). See, NRCP 5(b)(2)(A)(i-iii), NRCP 6(e).
Interestingly, Richard Hill knows his case is toast under NRCP 5(b)(2)(A)(i-iii), NRCP 6(e), in addition to NRCP 11. That is why in
Richard Hill's November 21, 2011 Motion for Order To Show Cause, on page 2, Hills resorts to literally grasping at straws, imagining that
what the Washoe County Sheriff's Office customarily does is somehow automatically codified into mandatory precedent black letter law.
To wit, Richard Hill wrote in his Motion For Order To Show Cause that: FACTS SHOWING CONTEMPT OF COURT 6. EXHIBIT
1 was served on Coughlin on November " 2011 by the Washoe County Sheriffs Department, by posting same on the front door of the
property in the manner customary for evictions in Washoe County. The locks to the premises were changed at that time, thereby ejecting
and dispossessing Coughlin of possession of the Property. Further, therein Richard Hill admits that the lockout occurred at 4:30 pm, as
indicated in writing in the WCSO's Machem's Affidavit of Service, contra to the mandate of J udge Sferrazza's Order of Summary Eviction
requiring any lockout to occur after 5:00 pm, November 1, 2011.
Sincerely,

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473


Sincerely,

Zach Coughlin, Esq.



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01305
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 5:39 AM
To: puenteslaw@aol.com
5 attachments
11 1 2011 Affidavit of Service, Notice of Entry of Order, and Order for Summary Eviction Rev2011-001708.pdf (7.8 MB) , Affidavit of Service
Sheriff's Machen 4 30 pm 11 1 2011.pdf (555.1 KB) , 12 14 11 fax to Puentes ISSUES THAT CAN WIN THE CASE.pdf (144.2 KB) , 11 21 11
Declaration of Richard Hill attach to his M for OSC (11-21-11) Compare to Police Reports and deposition of RPD's Carter and Lopez and
Merliss.pdf (791.4 KB) , 11 21 2011 REV2011-00178 RICHARD HILL'S M for OSC (11-21-11).pdf (711.7 KB)
Hi Mr. Puentes,

What is inconsistent in the discovery you provided me and Hill's Motion to Show Cause? I am
interested to see what you come up with and who you would want to ask what questions. I went to the
University of Washington too, for awhile at least, year round from 9/95 to 12/96.

Hill's Declaration in his 11 21, 2011 Motion to Show Cause indicates that:
"DECLARATION OF RICHARD G. HILL, ESQ.
RICHARD G. HILL, ESQ., being first duly sworn, deposes and under penalty
of perjury avers:
1. I am a resident of the City of Reno, County of Washoe, State of Nevada,
and over 18 years of age. This declaration is based on my personal knowledge, exceptthose
matters stated on information and belief, and as to those items I believe them to be true.
This declaration is made in support of plaintiffs Motion for Contempt Citation, and
represents my testimony if called on to present same in court.
2. I am an attorney duly licensed as such by the State of Nevada to practice
before all courts of this State and maintain my office at 652 Forest Street, Reno, Nevada.
I am also licensed to practice before the United States District Court for the District of
Nevada, the Ninth Circuit Court of Appeals and the United States Supreme Court.
III
3. My office represents the plaintiff, Dr. Matthew Merliss, in this matter.
4. On October 27, 2011, this court signed a summary eviction order, and on
November 1, 2011, the Washoe County Sheriff's Department served that order. The notice
was posted on the door of the home by the Washoe County Sheriff's Department in the
manner customary in Washoe County for evictions. The locks on the front door and back
door were changed, and we retained all keys to the home.
5. After that date, I began to notice that it looked like somebody had been
getting into the home. On approximately November 4, 2011, I became concerned about the
home and its contents. I entered it and was able to confirm that "somebody" had been
getting in. I thought I had secured the means of entry being used by whoever it was that
was getting in. However, on later visits to the home, it was clear that the home was still
being surreptitiously accessed.
6. On November 13, 2011, Dr. Merliss came to Reno because he wanted to
inspect the home. Upon entry, it was clear that somebody had again accessed the home.
7. We tried to enter the basement and found the door was barricaded, not
locked, from the inside. We were concerned that whoever had been accessing the home was
inside, so we called the police.
8. When the police arrived, they agreed with us that it was very likely that
somebody was barricaded in the basement. The police tried to coax the personto come out,
but without success.
9. When the police declined to break down the door, Dr. Merliss did so. The
police looked inside and discovered the defendant, Zachary Coughlin, and his dog.
10. Coughlin came out peacefully, went upstairs and was placed under arrest
by the police for trespassing.
11. After Coughlin was taken to jail, Dr. Merliss and I tried to videotape the
contents ofthe basement where Coughlin had been hiding. It was too dark to effectively
videotape, but we were able to ascertain that Coughlin and his dog have been living. in the
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01306
III
basement of the home for quite some time, likely even before the lockout. Iobserved that
Coughlin had a bed set up. He had several computer monitors. He had a store of both food
and water. He had electric space heaters.
12. Since the eviction order was served, my associate, Mr. Baker, and I had
sent numerous emails to Coughlin, in which we both repeatedly made it clear to him that
he was not to be at the home without our prior permission. No such permission was given.
Mr. Coughlin had no reason to possibly think he was permitted on the property. We had
tried to coax him to cooperate on getting his possessions out, without success, or even a
response.
13. As a result of Mr. Coughlin's break-ins, Dr. Merliss has incurred a bill of
$1,060 with a licensed contractor to secure the premises. That does not include the cost of
the door that was broken in order to get Coughlin out. That does not include the numerous
hours of me and my staff to deal with Mr. Coughlin's repeated break-ins at the home.
14. I am no expert, but I believe Mr. Coughlin is what is called a "hoarder."
He has many car seats throughout the house. He has many dead televisions. He has a box
of car window servo motors. The attic, which can only be accessed through a very narrow
opening, is full of items, including dead electronic devices.
15. We have found drugs at the home. We found a bag of what looks like
marijuana on the kitchen counter. I found a crack pipe. The contractor found what he said
was a large quantity of pills.
16. Mr. Coughlin has been harassing and stalking me, and possibly, my staff.
On November 15, 2011, he burst intomy office and created a scene. Then, he was parading
up and down the sidewalk across the street with a video camera screaming obscenities at
me and my staff.
III
II I
III
17. I declare under penalty of perjury that the foregoing is true and correct..."
But RPD Officer Carter wrote in his Supplemental Declaration: "On November 13, 2011 at
approximately 1200 hours I responded to 121 River Rock St, Reno, on a report of an
unwanted subject in the home. I arrived on scene with Sgt Lopez and we met with the RIP. Richard Hill,
who told
us the following:Richard is a local attorney who is representing the home owner, Matthew Merliss.
Matthew filed eviction papers on
his tenant, Zachary Coughlin, at 121 River Rock St last month and they were served at the home by
leaving them
on the door. The eviction papers stated that Zachary was to vacate the property on November 1, 2011 .
Matthew has been to the house several times over the past week and has observed evidence of someone
coming
and going. Today he was at the house and found the basement door to be locked from inside.
Matthew contacted Richard who responded and called the police.
Sgt Lopez and I knocked on the basement door and announced loudly "Reno Police" and called out for
Zachary to
open the door. We were met with no response. Matthew decided he would kick the door open, and did
so.
I entered the doorway of the basement and found Zachary standing at the rear of the room holding a
small dog.
He was hesitant to come out and eventually did so.
Zachary came upstairs and instantly started arguing his legal standing in the house, asking me
"hypothetically
speaking" type questions. He then told me I was making a false arrest due to the fact that I am on
Richard Hill's
payroll and he was going to sue me.
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01307
I tried to explain to Zachary that he was seNed eviction papers and he asked me what I could do about it
if he
hypothetically didn't get them . He then told me that he had worked a deal with Matthew to continue
paying rent
and that the legal eviction was no longer val id.
I again tried to explain to Zachary that a judge had signed anorder forcing him to leave the property and
all he did
was cite civil case law to me (l'm unsure if any of the cases he was rambling on about even exist) and
tell me that
I was making a bad arrest.
Due to Zachary not believing he has done anything wrong that the fact he believes he still has standing
there is
reasonable grounds to believe Zachary will return to the house. Therefore he did not qualify for a
misdemeanor
citation.
Richard completed a statement on Matthews' behalf and signed a criminal complaint.
Zachary was transported and booked into the Washoe County Jail without incident for
Trespassing...."Further, Richard Hill's own Written Statment of 11 13, 2011, provided to the RPD writes
that "We evicted Coughlin. The papers were posted by WCSO on 11/1/11 We have observed evidence
that he was coming and going...."

Why didn't Merliss make a Written Statement. Was Merliss really in Reno during the time frame to
observe what Hill asserts Merliss observed in Hill's Declaration of 11 21, 2011? What other holes do
you see?

Hills 11 21, 2011 Declaration states that: "6. OnNovember 13, 2011, Dr. Merliss came to Reno because
he wanted to
inspect the home. Upon entry, it was clear that somebody had again accessed the home.
7. We tried to enter the basement and found the door was barricaded, not
locked, from the inside. We were concerned that whoever had been accessing the home was
inside, so we called the police.
8. When the police arrived, they agreed with us that it was very likely that
somebody was barricaded in the basement. The police tried to coax the person to come out,
but without success.
9. When the police declined to break down the door, Dr. Merliss did so. The
police looked inside and discovered the defendant, Zachary Coughlin, and his dog.
10. Coughlin came out peacefully, went upstairs and was placed under arrest
by the police for trespassing."

However, RPD Officer Carter's Narrative, on page 3 of 3 from his November 14th, 2011 Report
writes that: "Matthew has been to the house several times over the past week and has
observed evidence of someone coming and going. Today he was at the house and found the
basement door to be locked from inside.
Matthew contacted Richard who responded and called the police.
Sgt Lopez and I knocked on the basement door and announced loudly "Reno Police" and
called out for Zachary to open the door. We were met with no response. Matthew decided he
would kick the door open, and did so.
I entered the doorway of the basement and found Zachary standing at the rear of the room
holding a small dog.
He was hesitant to come out and eventually did so."

Hill's Declaration contains nothing about this "reluctance" RPD Officer Carter mentions
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FW: 121 River Rock
Further, Hill's Declaration makes no mention of Merliss's noticing anything at the property or
any trips by Merliss to the property, in marked contrast to RPD Officer's Carter writing that
"Matthew has been to the house several times over the past week and has observed evidence
of someone coming and going." Additionally, Merliss picked up my dog and held it in his
hands close to his body and demanded that I let him have it, and the RPD Officers did nothing
about it, further, Merliss was taunting me during the arrest demanding I give him "some more
eye contact", accusing me of costing him $20,000 for the informed consent wrong site legal
surgery that was Hill's billing of $20K in a Summary Eviction Proceeding where JCRCP 3 and
NRS 69.030 preclude an award of fees, etc. Notice Hill's Declaration only writes that "the police
tried to coax the person out" but clearly does not corroborate RPD's Carter's assertion that the
RPD announced itself as police prior to the door being kicked down. Hills Written Statement
that the eviction papers were "served" by the WCSO "leaving them on the door" is a violation
of NRCP 11 and leaves him and his client liable for the wrongful arrest and defamation that
occurred incident to RPD's actions.

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



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confidential information intended for thespecified individual (s) only. If you arenot theintended recipient or an agent responsiblefor delivering it to theintended
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other applicable privilege.


From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sat 12/17/11 12:15 AM
To: ballardd@reno.gov; howardk@reno.gov; robertsp@reno.gov; renomunirecords@reno.gov; hazlett-stevensc@reno.gov; puenteslaw@aol.com

Unbelievable. The idea that exculpating evidence is being withheld under some "lien" is transmitted into the universe, next thing I know, my law office
is broken in to and the Richard B. Hill gang is stil asserting a lien on property that was stolen, in my opinion,as a result of their own negligence, leaving
a window air conditioner unit in a window, without even putting a window jam between the top of the sill and lower pain, facing a sidewalk a block
from the Lakemill Lodge and across from City Center Apartments, great. Great. And I still have not been faxed or appropriately served the Order and
Contempt OrderI was told would be faxed to me.

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
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01309
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



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From: zachcoughlin@hotmail.com
To: cdbaker@richardhillaw.com; knielsen@richardhillaw.com; sgallagher@richardhillaw.com
Subject: RE: 121 River Rock
Date: Wed, 14 Dec 2011 15:43:38 -0800

Dear Mr. Baker,

I drove by the property recently and saw you had added boarding up the front door on very, very recently. Unfortunately, your client and your firm,
despite billing up some $1,060 for "securing" the property on top of charging $900 for storage for what could fit inside a 10x20 foot storage shed,
never once providing an inventory, and contributing to a wrongful arrest and defamation causing me and my clients great damage, failed to take even
basic steps to secure the property, despite my making numerous written requests that you do so, including, but not limited to, taking the damn window
unit air conditioner out of the window facing the sidewalk on the side of the house very close to the damn Lakemill Lodge, or even putting a strong
stick in between the bottom sliding window pain and the top of the sill to prevent someone from simply pushing in the window unit air conditioner and
pushing the window up to gain access. Further, a blanket that was on the orange circular couch is clearly in the flower bed in front of the house.
Additionally, there are reports that someone with your office gave someone a mattress from the inventory of Coughlin Memory Foam (a Nevada
licensed business located at the property) and an expensive mattress platform has clearly been damaged and placed in the flower bed as well, in
addition to one of the wooden porch shades being removed from the front porch. You and your client are, of course, liable for all of this.

Sincerely,

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documents arecovered by the electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain
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From: cdbaker@richardhillaw.com
To: zachcoughlin@hotmail.com
CC: rhill@richardhillaw.com
Subject: 121 River Rock
Date: Wed, 14 Dec 2011 13:50:02 -0800

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01310

need to communicate with you regarding my requests
Mr. Coughlin:

The River Rock property has been broken into. We believe the break-in occurred sometime on Monday, December 12, 2011. There appear to be items
missing, including the TV in the living room, perhaps a computer monitor, and perhaps some stereo equipment. I cant tell what else. The contents of
the residence appear to have been rifled through.

I am providing you with this information as a courtesy. This email does NOT constitute permission for you to go to the River Rock property.

Casey D. Baker, Esq.
Richard G. Hill, Chartered
652 Forest Street
Reno, Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858
Email: cdbaker@richardhillaw.com

CONFIDENTIAL: ATTORNEY WORK PRODUCT; ATTORNEY-CLIENT PRIVILEGE
This e-mail may contain legally privileged or confidential information. If you are not the intended recipient, please do not read, copy, use, or disclose this communication to anyone other than the
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Circular 230 Notice.
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be
used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed
herein.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Mon 12/26/11 3:52 PM
To: puenteslaw@aol.com

Dear Mr. Puentes,
I called you just now and left a message. I have received nothing from you in regard to my written requests for action on your part and for information
in connection with the matter for which you are attorney of record RMC 11 CR 22185 2I.

Please respond in writing.

Sincerely,

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



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scope of representation

new address for me
recipient, you arehereby notified that you havereceived this document in error and that any review, dissemination, copying, or thetaking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that is
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destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Fri 12/30/11 10:36 PM
To: puenteslaw@aol.com
Dear Mr. Puentes,
Please move for a continuance immediately in this matter, set for trial on J anuary 10th, 2011. You
assured me in person at our meeting at your office that you would be able to get one, and I definitely
want and need one, and RMCR indicates there are certain deadlines for moving for one, which I have
already asked you to do in writing.

I am upset that you slammed down the telephone ended our telephone conversation abruptly when we
spoke yesterday, immediately after I asked you to provide something in writing outlining the scope of
your representation of me. I wish for you to prepare and file (after receiving express prior written
authorization from me upon review of your drafts) the Motion to Supress and Motions in Limine I
previously request that you file, in addition to subpoening Dr. Merliss, Richard Hill, both RPD Officers
at the scene of the trespassing arrest, and a subpoena duces tecume to the Law Office of Richard Hill,
the RPD, and Dr. Merliss demanding any and all documentation and or media at all connected with this
matter in any way. Further you indicated that you had not even attempted to view the discovery
produced by the Reno City Attorney, nor did you have any interest in seeing anything I might have to
show you. That was enormously upsetting to me, as any sentient human being might reasonably be
expected to anticipate. Please note my new address. Please file a conflict motion seeking to make the
Reno City Atty recuse itself in light of the conflicts of interest incident to the various arrests and torts
against me committed by the RPD and Reno City Attorney.

Sincerely,


Zach Coughlin, Esq.
1422 E. 9th St.
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documents arecovered by theelectronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain
confidential information intended for thespecified individual (s) only. If you arenot theintended recipient or an agent responsiblefor delivering it to theintended
recipient, you arehereby notified that you havereceived this document in error and that any review, dissemination, copying, or thetaking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that is
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01312

Pendency of Criminal Prosecution as Ground for Continuance or Postponement
of Civil Action Involving Facts or Transactions upon which Prosecution Is
PredicatedState CasesPendency of Criminal Prosecution as Ground for
Continuance or Postponement of Civil
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sat 12/31/11 1:32 AM
To: puenteslaw@aol.com



Zach Coughlin, Esq.
1422 E. 9th St. #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documentsarecovered by theelectronic CommunicationsPrivacy Act, 18 U.S.C. 2510-2521, andmay contain confidential information intended for the
specifiedindividual (s) only. If you arenot theintendedrecipient or an agent responsiblefor delivering it to theintended recipient, you areherebynotifiedthat you havereceived thisdocument in error andthat
any review, dissemination, copying, or thetaking of any action based on thecontentsof thisinformation isstrictly prohibited. This message is confidential, intended only for the named recipient
(s) and may contain information that is privileged, attorney work product or exempt fromdisclosure under applicable law. If you are not the intended recipient(s), you are
notified that any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be
unlawful. If you receive this message in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and destroy any copies in
any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sat 12/31/11 8:14 PM
To: puenteslaw@aol.com
2 attachments
jail time counsel sixth amendment possibility misdemeanor.pdf (3.1 MB) , fifth amendment right civil proceeding parallel.pdf (2.6 MB)
Pendency of Criminal Prosecution as Ground for Continuance or Postponement of Civil
Action Involving Facts or Transactions upon which Prosecution Is PredicatedState
Cases...37 A.L.R.6th 511 (Originally published in 2008)
;please find that ALR attached, perhaps it speaks to the res gestae and or stay during the pendency of the
civil appeal we discussed vis a vis the criminal trespass charge


Zach Coughlin, Esq.
1422 E. 9th St. #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documentsarecovered by theelectronic CommunicationsPrivacy Act, 18 U.S.C. 2510-2521, andmay contain confidential information intended for the
specifiedindividual (s) only. If you arenot theintendedrecipient or an agent responsiblefor delivering it to theintended recipient, you areherebynotifiedthat you havereceived thisdocument in error andthat
any review, dissemination, copying, or thetaking of any action based on thecontentsof thisinformation isstrictly prohibited. This message is confidential, intended only for the named recipient
(s) and may contain information that is privileged, attorney work product or exempt fromdisclosure under applicable law. If you are not the intended recipient(s), you are
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Page 22of 26 Hotmail Print Message
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01313

Is Roberto Puentes on Youtube.com? also more motivation for you in this case

Zach Coughlin has shared a folder with you.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sat 12/31/11 9:19 PM
To: puenteslaw@aol.com
10 attachments
Legal malpractice in defense of criminal prosecution.pdf (6.7 MB) , Public Defender's Immunity from Liability for Malpractice.pdf (4.0 MB) ,
process server fraud harass trespass.pdf (3.1 MB) , f_Circumstances giving rise to prejudicial conflict of interests between criminal defendant.pdf
(2.7 MB) , public defender liability.pdf (2.2 MB) , conflicts with PUBLIC DEFENDER EMPLOYEES.pdf (2.0 MB) , Civil liability of attorney for abuse
of process process server trespass fraud.pdf (1925.1 KB) , process server abuse harass trespass.pdf (1816.6 KB) , Trespass state prosecution for
unauthorized entry or occupation, for public demonstration purposes, of business, industrial, or utility premises.pdf (339.6 KB) , SUBPOENA TO
TESTIFY AT A HEARING OR TRIAL IN A CRIMINAL CASE.pdf (281.9 KB)
Hi Mr. Puentes,
I know you have repeatedly told me you could care less to watch any youtube.com videos, regardless of
whether they prove my innocence or whatever, however, I think you might need to watch some of these:
http://www.youtube.com/results?
search_query=nevada+court+services&oq=nevada+court+services&aq=f&aqi=&aql=&gs_sm=e&gs_upl=18l3308l0l3556l19l15l0l9l0l1l311l1375l0.1.4.1l6l0

It seems Nevada Court Services, which shares an office and a receptionist with the former appointed public defender for this case representing me, Lew
Taitel, Esq, who departed from RMC Rules by failing to file a Motion to Withdraw when he sought to and failed to disclose the conflict of interest that
he failed to prevent his taking on my case and reviewing ultra personal information, that is directly connected to the subject matter of the litigation
from which the conflict arises as well as the defense of the suit you and he have both appeared as attorney of record in, this trespass case. I don't think
you are on any of the videos, but there are so many ultra zealous documentary filmmakers these days that I cannot be sure.

Anyways, Lew Taitel, as I have indicated to you in writing, is listed as "associated with" Nevada Court Services, on their website, with his picture. They
share and office and a receptionist, and perhaps others staff, in the office across from the former Chocolate Bar. PERHAPS MOST IMPORTANTLY OF
ALL, AND SOMETHING I WANT YOU TO LITIGATE AGGREsSIVELY (CLIENT CONTROLS MEANS AND OBJECTIVES OF A LITIGATION, WHETHER
APPOINTED ATTORNEY LIKES IT OR NOT) IS THAT NEVADA COURT SERVICES, INCLUDE ITS PROCESS SERVER JOEL DURDEN, CAN BE SEEN
TRESPASSING ONTO MY PROPERTY AND OTHERWISE ASSAULTING, HARASSING, AND VEXING ME, BEHIND MY BACK GATE, NO LESS IN THE VIDEOS
FOUND AT THE LINK ABOVE.

PLEASE DISCLOSE ANY CONFLICTS OR PREVIOUS WORKING RELATIONSHIPS YOU HAVE WITH ANY OF THE RENO CITY ATTORNEY, RPD, RENO
MUNICIPAL COURT STAFF, RICHARD HILL, OR ANY OTHER INDIVIDUALS WITH WHOM YOU HAVE HAD PRIOR DEALINGS AND THEREFOR MAY
PRESENT A SITUATION WHERE A CONFLICT OF INTEREST ARISES.

Sincerely,



Zach Coughlin, Esq.
1422 E. 9th St. #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documentsarecovered by theelectronic CommunicationsPrivacy Act, 18 U.S.C. 2510-2521, andmay contain confidential information intended for the
specifiedindividual (s) only. If you arenot theintendedrecipient or an agent responsiblefor delivering it to theintended recipient, you arehereby notifiedthat you havereceived thisdocument in error andthat
any review, dissemination, copying, or thetaking of any action based on thecontentsof thisinformation isstrictly prohibited. This message is confidential, intended only for the named recipient
(s) and may contain information that is privileged, attorney work product or exempt fromdisclosure under applicable law. If you are not the intended recipient(s), you are
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From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Thu 1/05/12 8:22 AM
Page 23of 26 Hotmail Print Message
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01314

video of trespass arrest
To: puenteslaw@aol.com
Dear Mr. Puentes, Please let me know, in writing, the status of the Motion For Continuance you indicated you would both file and which you felt sure
would be obtained, either through written stipulation with opposing counsel of by Order of the RMC
Zach has 14 files to share with you on SkyDrive. To view them, click the links below.
zach's arrest 001.avi
zach's arrest 002.avi
zach's arrest 003.avi
zach's arrest 004.avi
zach's arrest 005.avi
zach's arrest 006.avi
zach's arrest 007.avi
zach's arrest 008.avi
zach's arrest 009.avi
zach's arrest 010.avi
zach's arrest 011.avi
zach's arrest 012.avi
zach's arrest 013.avi
zach's arrest 014.avi
Download all
Share your files with
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Thu 1/05/12 8:43 AM
To: puenteslaw@aol.com
1 attachment
zach's arrest 009.flv (10.4 MB)
https://skydrive.live.com/redir.aspx?cid=43084638f32f5f28&resid=43084638F32F5F28!1050&parid=43084638F32F5F28!117&authkey=!ACPUJSqi94trtcY


Dear Mr. Puentes,

Please provide an indication, in writing, as to the status of the continuance of the upcoming trespass trial, which you indicated would be obtained.

Sincerely,


Zach Coughlin, Esq.
1422 E. 9th St. #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



Page 24of 26 Hotmail Print Message
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01315

another video of the arrest which lacks anyone telling Coughlin to leave or
seeking to issue a citation in lieu of custodial arrest

ARRESTED FOR JAYWALKING BY RENO PD
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any review, dissemination, copying, or thetaking of any action based on thecontentsof thisinformation isstrictly prohibited. This message is confidential, intended only for the named recipient
(s) and may contain information that is privileged, attorney work product or exempt fromdisclosure under applicable law. If you are not the intended recipient(s), you are
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any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Thu 1/05/12 3:26 PM
To: puenteslaw@aol.com
1 attachment
zach's arrest 011.flv (16.2 MB)



Zach Coughlin, Esq.
1422 E. 9th St. #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documentsarecovered by theelectronic CommunicationsPrivacy Act, 18 U.S.C. 2510-2521, andmay contain confidential information intended for the
specifiedindividual (s) only. If you arenot theintendedrecipient or an agent responsiblefor delivering it to theintended recipient, you areherebynotifiedthat you havereceived thisdocument in error andthat
any review, dissemination, copying, or thetaking of any action based on thecontentsof thisinformation isstrictly prohibited. This message is confidential, intended only for the named recipient
(s) and may contain information that is privileged, attorney work product or exempt fromdisclosure under applicable law. If you are not the intended recipient(s), you are
notified that any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be
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any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Fri 1/13/12 7:49 AM
To: peteeastman@gmail.com; tcoughlinmd@hotmail.com; marybarkbark@yahoo.com; carcoughster@gmail.com; melissa.l.ulloa@gmail.com;
tjhlaw@eschelon.com; geofgiles@hotmail.com; teddyjames25@gmail.com; jgoodnight@washoecounty.us; puenteslaw@aol.com
1 attachment
SUPPLEMENTAL REPLY TO OPPOSITION CV08-01709 1 13 12.pdf (162.9 KB)
Nevada Courts Services CEO Jeff Chandler drove by the scene while I was in the patrol car. I am suing
Nevada Court Services incident to their trespassing into my backyard and banging on windows and
ringing doorbells in teams for 40 minutes at a clip three times a day on Richard HIlls behalf. Mr.
Puentes, as my court appointed defender in the trespass action against me (arrested at Richard Hill's
behest by an RPD Officer would said Hill pays him money) you recently informed me you have ties to
Nevada Court Services and Lew Taitel, the court appointed defender whom mysteriously was able to
withdraw from my representation prior to your involvement despite not filing a motion in compliance
with Reno Municipal Court Rules, nor any Order granting such a withdrawal being filed. Can you
clarify your, in your words "extremely close relationship with Lew Taitel" and your "business
relationship" with Nevada Court Services?

Sincerely


Page 25of 26 Hotmail Print Message
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01316

Zach Coughlin, Esq.
1422 E. 9th St. #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documentsarecovered by theelectronic CommunicationsPrivacy Act, 18 U.S.C. 2510-2521, andmay contain confidential information intended for the
specifiedindividual (s) only. If you arenot theintendedrecipient or an agent responsiblefor delivering it to theintended recipient, you areherebynotifiedthat you havereceived thisdocument in error andthat
any review, dissemination, copying, or thetaking of any action based on thecontentsof thisinformation isstrictly prohibited. This message is confidential, intended only for the named recipient
(s) and may contain information that is privileged, attorney work product or exempt fromdisclosure under applicable law. If you are not the intended recipient(s), you are
notified that any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be
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Page 26of 26 Hotmail Print Message
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01317
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Document Code:
Zach Cough1in
Nevada Bar No: 9473
1422 E. 9
th
St, #2
Reno, NV 89512
Tele: 7753388118
Fax: 949-6677402
rrgm: zacnCgugn!ln
FILED
REi'H) MUNICIPAL COLH 'f
2012 MAR -5 AM II: 19
. .... .
8Y __ w .
OEPUT>"
Attorney for Pro Se Attorney Plaintiff Denied Sixth Amendment Right to Counsel
IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
CITY OF RENO;
PLAINTIFF,
vs.
)
)
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) Case No: 11 CR 26405
)
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13 ZACH COUGHLIN; ) Dept No: 2
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DEFENDANT.
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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COMES NOW, Defendant, Zach Coughlin, by and through himself as co-co1.mSel to
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Defendant and files the above title document on his own behalf
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LEGAL ARGUMENT
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Memorandym of Law in Support of Motion to Dismiss the Complaint
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Introduction
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25 The defendant, Zach Coughlin ("Coughlin") is charged with criminal trespass under
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the Reno MuniCipal Code (RMC) .1 The factual allegations in the complaint are to the effect
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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that both counts occurred on the same date, at about the same time, and in the same
general icinit!. "ach count, though, inoled a separate incident.
#ana $rec%enridge was operating a ehicle that had been traeling each on &est 'treet,
approaching the intersection of $la%e (enue and had the right of wa!. Coughlin)s ehicle failed to
stop fo the stop sign and entered the intersection. $rec%enridge)s ehicle was forced to ta%e easie
action and steerred to the right, causing the ehicle to sideswipe a fire h!drant . . . . Coughlin failed
to stop for the accident . . . .#ana $rec%enridge complaint of pain to her legs and was transported to
(ll 'aints *ospital b! Rescue.
&ith regard to the second incident, the complaint alleges+
Coughlin)s ehicle continued east and went through the red light at the intersection of north
Memorial ,rie and &est street, 'tratman, who had been operating a ehicle owned b! Mic%)s (uto
-arts southbound on .orth Memorial ,rie, was struc% b! Coughlin)s ehicle . . . . "rnesto
(Coughlin) then ran from the ehicle leaing the secene of the accident. . . ( passenger in
Coughlin)s ehicle, /.*. . . . complained of pain to his nec% and bac% and was transported to (ll
'aints *ospital b! Rescue.
0inall!, the complaint alleges that "rnesto Coughlin was interiewed b! police and said that
he ran from the ehicle because, ""rnesto stated that his brother, /.*., did not want him
arrested for an accident and told him to run."
Argument
I. The compl!nt mu"t llege "u##!c!ent #ct" $!th!n the #our corner"% $hen &!e$e' !n common
"en"e mnner% to e"t(l!"h pro((le cu"e to (el!e&e tht the 'e#en'nt comm!tte' the o##en"e
llege'. )ere% the compl!nt !" 'e#!c!ent the tre"p"" chrge RMC *.+,.,+,.
, criminal com<laint mu0t meet <ro>a>le cau0e re@uirement0 to con.er <er0onal Auri0diction. State v.
White" 97 8i0. 2d 193" 197" 29% N.8.2d 34*" 347 B19$+;. , criminal com<laint i0 a 0el.'contained
charge that mu0t 0et .orth .act0 ?ithin it0 .our corner0 that are 0u..icient" in them0elve0 or together
?ith rea0ona>le in.erence0 derived there.rom" to allo? a rea0ona>le <er0on to conclude that a crime
?a0 <ro>a>l- committed and that the de.endant i0 <ro>a>l- cul<a>le. State v. Haugen" %2 8i0. 2d
791" 793" 191 N.8.2d 12" 13 B1971;. 1. the criminal com<laint .ail0 to e0ta>li0h <ro>a>le cau0e" the
court doe0 not o>tain <er0onal Auri0diction" and the charge mu0t >e di0mi00ed. &he criminal
com<laint" ho?ever" i0 not to >e read in a h-<ertechnical 0en0e >ut" rather" i0 to >e revie?ed on a
rea0ona>le >a0i0 a<<l-ing ordinar- common 0en0e. State v. Gaudesi" 112 8i0. 2d 213" 219" 332
N.8.2d 3+2" 3+% B19$3;. &here.ore" the .act0 alleged and the in.erence0 that ma- >e dra?n .rom
them mu0t >e 0u..icient to e0ta>li0h in a common 0en0e ?a- that there i0 <ro>a>le cau0e to >elieve the
de.endant committed the o..en0e charged. See id.
2ere" the com<laint <ur<ort0 to allege that Coughlin violated !=CC0 tre0<a00 0tatute $.1+.+1+ &he
element0 o. that o..en0e are: Element" o# the Cr!me Tht the Stte Mu"t Pro&e
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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Reno Mun!c!pl Co'e "ect!on *.+,.,+,% pro&!'e" !n rele&nt prt- E&er. per"on $ho . . .
$!ll#ull. goe" or rem!n" upon n. ln' or !n n. (u!l'!ng #ter h&!ng (een $rne' (. the
o$ner or occupnt thereo# not to tre"p"" !" gu!lt. o# m!"'emenor.
A. The cr!m!nl tre"p"" compl!nt #!l" to e"t(l!"h pro((le cu"e (ecu"e !t #!l" to "ho$
n. not!ce or "er&!ce o# the $r!tten OR'er #or Summr. E&!ct!on $" con'ucte' !n l$#ul
mnner n' not too "oon n' thu" &o!'..
(or the0e rea0on0" the criminal com<laint mu0t >e di0mi00ed.
1 realiDe -ou ?ill liEel- not read all o. thi0. &he main thing i0 1 am re0<ect.ull- re@ue0ting that
-ou con.irm ?ith De<ut- =achem that he did" in .act" F<er0onall- 0erveF the Summar- Eviction
3rder on me at 121 !iver !ocE St." !eno $9%+1 on Novem>er 1" 2+11 at 4:3+ <m" in connection ?ith
<er.orming the locEout. 1t i0 m- <o0ition that 1 ?a0 not F<er0onall- 0ervedF and 1 am tr-ing to .igure
out ?hether De<ut- =achem i0 l-ing or ?hether the <hra0e F<er0onall- 0ervedF mean0 0omething
other than ?hat 1 >elieve it mean0" etc." etc. 1 a<<reciate -our attention to thi0.
1 am ?riting to in@uire a>out and com<lain ?ith regard to an ,..idavit o. Service .iled >- or .or 8CS3 De<ut- =achem
?ith re0<ect to the 0ervice o. a 3rder :ranting Summar- Eviction again0t me Bin m- la? o..ice ?here non'<a-ment o.
rent ?a0 not alleged" no le00 in violation o. N!S 4+.2%3 and ?here a G2"27% rent e0cro? de<o0it ?a0 .oi0ted u<on me in
violation o. 4+.2%3B*;" e0<eciall- ?here a 0ta- o. eviction ?a0 not granted even ?hile the !4C held on to mo0t all m-
mone-...;.
=- i00ue ?ith the 8CS3 i0 that =achemC0 ,..idavit o. Service indicate0 that he F<er0onall- 0ervedF me" ?hich Eind o.
remind0 me o. all that ro>o'0igning and =E!S .raud 1 come acro00 in m- da- Ao> Band do -ou ?onder ho? man-
attorne-0 in the .oreclo0ure de.en0e game 1 am in con0tant contact ?ith ?ho are ?atching and ?itne00 the <otential !1C3
violation0 thi0 ?riting mention0H;" ?hich include0 >eing a .oreclo0ure de.en0e attorne-. So ?hich i0 itH Did =achem
F<er0onall- 0erveF me the Summar- Eviction 3rderH !ichard :. 2ill" E0@. liEe0 to argue that 1 ?a0 F0ervedF in
com<liance ?ith all time related rule0 >ecau0e it ?a0 done in the Fu0ual cu0tom and <ractice o. the 8CS3. 8hat" e)actl-"
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01320
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i0 the Fu0ual cu0tom and <ractice o. the 8CS3H 1 hear a lot a>out thi0 F?ithin 24 hour0F 0tu... So" 1 go hunting .or 0ome
>lacE letter la? to 0u<<ort ?hat tho0e at the !4C and in the cluele00 communit- at large B?hich o.ten include0 Nevada
6egal Service0 and 8a0hoe 6egal Service0" the <eo<le -ou gu-0 had 0uch trou>le actuall- 0erving in the la?0uit0 1 .iled"
?hich ma- have actuall- hel<ed im<roved legal 0ervice0 in thi0 communit-" i. the- ?ere not di0mi00ed due to
in0u..icienc- o. 0ervice o. <roce00" even ?here the 1(/ re@uired the 8CS3 to 0erved the de.endant0....;. ,n-?a-" >acE to
the F?ithin 24 hour0F <hra0eolog-: F
&hi0 ?hole >u0ine00 a>out I&he court ma- thereu<on i00ue an order directing the 0heri.. or con0ta>le o. the count- to
remove the tenant ?ithin 24 hour0 a.ter recei<t o. the order...J i0 ina<<lica>le to thi0 0ituation" ?here an 3rder :ranting
Summar- Eviction ?a0 0igned >- 3cto>er 27th" 2+11. &hat language i0 onl- .ound in 0ituation0 ina<<lica>le to the
current one. N!S 4+.2%3B3;B>;B2;" and N!S 4+.2%3B%;Ba; are the onl- 0ection0 o. N!S 4+ ?here thi0 I?ithin 24 hour0J
language occur0" and tho0e 0ituation0 onl- a<<l- ?here" in:
4+.2%3B3;B>;B2;: I 3. , notice 0erved <ur0uant to 0u>0ection 1 or 2 mu0t: ...B>; ,dvi0e the tenant: K. B2; &hat i. the court
determine0 that the tenant i0 guilt- o. an unla?.ul detainer" the court ma- i00ue a 0ummar- order .or removal o. the tenant
or an order <roviding .or the nonadmittance o. the tenant" directing the 0heri.. or con0ta>le o. the count- to remove the
tenant ?ithin 24 hour0 a.ter recei<t o. the orderJ
and"
4+.2%3B%;Ba;: I%. 5<on noncom<liance ?ith the notice: Ba; &he landlord or the landlordL0 agent ma- a<<l- >- a..idavit o.
com<laint .or eviction to the Au0tice court o. the to?n0hi< in ?hich the d?elling" a<artment" mo>ile home or commercial
<remi0e0 are located or to the di0trict court o. the count- in ?hich the d?elling" a<artment" mo>ile home or commercial
<remi0e0 are located" ?hichever ha0 Auri0diction over the matter. &he court ma- thereu<on i00ue an order directing the
0heri.. or con0ta>le o. the count- to remove the tenant ?ithin 24 hour0 a.ter recei<t o. the order.J &he ?a- the0e 0ummar-
eviction <roceeding0 are >eing carried out in !eno 4u0tice Court <re0entl- 0hocE0 the con0cience and violate0 Nevada
la?. &here i0 not >a0i0 .or e..ectuating a locEout the ?a- 8CS3C0 De<ut- =achem did in thi0 ca0e. &he a>ove t?o
0ection0 containing the I?ithin 24 hour0 o. recei<tJ language are ina<<lica>le" a0 tho0e 0ituation0 do not invoEe the
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01321
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<re0ent circum0tance0" ?here the &enant did .ile an ,..idavit and did conte0t thi0 matter to a degree not o.ten 0een. &o
re@uire NevadaC0 tenant0 to get u< and get out I?ithin 24 hour0J o. Irecei<t o. the orderJ B?hat doe0 that even meanH &he
u0e o. term0 liEe IrenditionJ" IrenderedJ" Inotice o. entr-J" I<ronouncedJ" i0 a>0ent here" and thi0 Irecei<t o. the orderJ
language i0 0omething rarel- .ound el0e?here in Nevada la?'0ee attached D=# 0tatutor- citation0" and in em<lo-ment
la? litigation0 ?here one mu0t .ile a Com<laint ?ithin 9+ da-0 o. Irecei<tJ o. a !ight &o Sue 6etter" a 0ituation ?hich
.ollo?0 N!C/ %B>;" and N!C/ *Be; in im<uting recei<t o. 0uch a letter" ?hen actual recei<t i0 not 0ho?n" >- a<<l-ing a
Icon0tructive noticeJ 0tandard that relie0 u<on the da-0 .or mailing e)ten0ion o. time .or item0 0erved in the mailing"
etc.;. 1n ,>raham v. 8ood0 2ole 3ceanogra<hic 1n0titute" %%3 (.3d 114 B10t Cir. 2++9;" the record did not re.lect ?hen
the <lainti.. received hi0 right'to'0ue letter. &he letter ?a0 i00ued on Novem>er 24" 2++*. &he court calculated that the 9+'
da- <eriod commenced on Novem>er 3+" 2++*" >a0ed on three da-0 .or mailing a.ter e)cluding Saturda-0 and Sunda-0.
1n order to >ring a claim under either &itle #11 or the ,D," a <lainti.. mu0t e)hau0t admini0trative remedie0 and 0ue
?ithin 9+ da-0 o. recei<t o. a right to 0ue letter. See 42 5.S.C. M 2+++e'%B.;B1;. See Bald?in Count- 8elcome Center v.
Bro?n" 4** 5.S. 147" 14$ n.1" 1+4 S.Ct. 1723" $+ 6.Ed.2d 19* B19$4;Bgranting <lainti.. an additional three da-0 .or
mailing <ur0uant to !ule *;....J ...
Dear 8a0hoe Count- Sheri..C0 3..ice"
htt<:NNen.?iEi<edia.orgN?iEiNServiceOo.O<roce00
FSu>0tituted 0ervice
8hen an individual <art- to >e 0erved i0 unavaila>le .or <er0onal 0ervice" man- Auri0diction0 allo? .or 0u>0tituted 0ervice.
Su>0tituted 0ervice allo?0 the <roce00 0erver to leave 0ervice document0 ?ith another re0<on0i>le individual" called a
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01322
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<er0on o. 0uita>le age and di0cretion" 0uch a0 a coha>iting adult or a teenager. 5nder the (ederal !ule0" 0u>0tituted
0ervice ma- onl- >e made at the a>ode or d?elling o. the de.endant.P4Q Cali.ornia" Ne? 7orE"P%Q 1llinoi0" and man- other
5nited State0 Auri0diction0 re@uire that in addition to 0u>0tituted 0ervice" the document0 >e mailed to the reci<ient.P%Q
Su>0tituted 0ervice o.ten re@uire0 a 0erving <art- 0ho? that ordinar- 0ervice i0 im<ractica>le" that due diligence ha0 >een
made to attem<t to maEe <er0onal 0ervice >- deliver-" and that 0u>0tituted 0ervice ?ill reach the <art- and e..ect notice.
P%QF
1 am <rett- 0ure F<er0onall- 0ervedF mean0 -ou 0erved the <er0on in <er0on" not that a <er0on named =achem ?ent and
<o0ted a notice on a door" <er0onall- him0el.. See" 1 thinE -ou gu-0 are thinEing o. the F<er0onF in the ?ord <er0onall- a0
a<<l-ing to the 0erver" ?hen in all in0tance0 1 have ever 0een it u0ed in the la?" the F<er0onF <art o. F<er0onall-F a<<lie0
to the <er0on >eing 0erved. 2el< me out here" =ar-.
htt<0:NN0E-drive.live.comNredir.a0<)HcidR43+$4*3$.32.%.2$Sre0idR43+$4*3$(32(%(2$T1$97S<aridRroot
,l0o" doe0 the 8CS3 have a <o0ition on ?hat t-<e o. 0ervice i0 re@uired o. eviction order0 <rior to the 8CS3 or
?hoever doe0 it" >eing a>le to conduct a locEoutH
htt<:NN???.leg.0tate.nv.u0Ncourtrule0Nnrc<.html
N!C/ !56E *+. !E61E( (!3= 45D:=EN& 3! 3!DE!... Bc; De.ault 4udgment0: De.endant Not /er0onall- Served.
8hen a de.ault Audgment 0hall have >een taEen again0t an- <art- ?ho ?a0 not <er0onall- 0erved ?ith 0ummon0 and
com<laint" either in the State o. Nevada or in an- other Auri0diction" and ?ho ha0 not entered a general a<<earance in the
action" the court" a.ter notice to the adver0e <art-" u<on motion made ?ithin * month0 a.ter the date o. 0ervice o. ?ritten
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01323
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notice o. entr- o. 0uch Audgment" ma- vacate 0uch Audgment and allo? the <art- or the <art-L0 legal re<re0entative0 to
an0?er to the merit0 o. the original action. 8hen" ho?ever" a <art- ha0 >een <er0onall- 0erved ?ith 0ummon0 and
com<laint" either in the State o. Nevada or in an- other Auri0diction" the <art- mu0t maEe a<<lication to >e relieved .rom a
de.ault" a Audgment" an order" or other <roceeding taEen again0t the <art-" or .or <ermi00ion to .ile an an0?er" in
accordance ?ith the <rovi0ion0 o. 0u>divi0ion B>; o. thi0 rule.
3Ea-" 0o" reall-" -ou gu-0 do thi0 .or a living" right...-ou 0erve <eo<le thing0....and 0ign ,..idavit0 under <enalt- o.
<erAur- and 0tu.." and -ou are telling me -ou >elieve F<er0onall- 0ervedF can included 0ituation0 ?here the <er0on ?a0 not
thereH 3Ea-.....7ou do Eno? that" liEe" a Summon0 and Com<laint need to >e F<er0onall- 0ervedF in the 0en0e that" 0a-
=achem" ?ould need to 0ee that <er0on and 0erve it on them B1 donCt thinE the- have to taEe the <a<er" the- donCt need to
agree to acce<t 0ervice" >ut =achem doe0 need to 0ee that <er0on" in <er0on" <er0onall- ?hen he i0 0?earing under
<enalt- o. <erAur- that he F<er0onall- 0ervedF 0ome>od-. 50uall- F<er0onall- 0ervedF i0 onl- done in the ca0e o. the .ir0t
thing .iled Bunle00 there i0 an 1(/; in a ca0e" the Summon0 and Com<laint. &herea.ter" t-<icall-" <eo<le Au0t e..ect
F0u>0tituted 0erviceF >ecau0e it0 chea<er" le00 o. a ha00le" and F<er0onal 0erviceF i0 onl- re@uired .or 0erving the <leading0
that 0tart a ca0e" the Summon0 and Com<laint. 8o?....3Ea-" 0o thi0 i0 m- ?hole <oint" the0e 0tate 0<on0ored locEout0
under color o. 0tate la? 0hould not >e >eing done 0o .a0t" unle00 -ou gu-0 F<er0onall- 0erveF the tenant" 1 .eel the la? i0
@uite clear" -ou have to e..ect F0u>0tituted 0erviceF ?hich" under N!C/ *Ba; and N!C/ *Be; and N!C/ %B>;B2; Band
N!C/" not 4C!C/ i0 a<<lica>le to eviction matter0 according to N!S 11$,; the tenant cannot >e deemed to have
received or con0tructivel- received the 3rder until the 3 da-0 .or mailing ha0 <a00ed.
/er0onal 0ervice >- <roce00 0erver
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01324
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/er0onal 0ervice i0 0ervice o. <roce00 directl- to the Bor a; <art- named on the 0ummon0" com<laint or <etition. 1n mo0t
la?0uit0 in the 5nited State0" <er0onal 0ervice i0 re@uired to <rove 0ervice. =o0t 0tate0 allo? 0u>0tituted 0ervice in almo0t
all la?0uit0 unle00 -ou are 0erving a cor<oration" 66C" 66/" or other >u0ine00 entit-9 in tho0e ca0e0" <er0onal 0ervice mu0t
>e achieved >- 0erving Bin hand; the document0 to the F!egi0tered ,gentF o. a >u0ine00 entit-. Some 0tate0 B(lorida; do
not re@uire that the document0 actuall- >e handed to the individual. 1n Cali.ornia and mo0t other 0tate0" the document0
mu0t >e vi0i>le to the <er0on >eing 0erved" i.e." not in a 0ealed envelo<e. 1. the individual re.u0e0 to acce<t 0ervice" .lee0"
clo0e0 the door" etc." and the individual ha0 >een <o0itivel- identi.ied a0 the <er0on to >e 0erved" document0 ma- >e
Fdro<F 0erved" and it i0 con0idered a valid 0ervice. /er0onal 0ervice o. <roce00 ha0 >een the hallmarE .or initialing
litigation .or nearl- 1++ -ear0" <rimaril- >ecau0e it guarantee0 actual notice to a de.endant o. a legal action again0t him or
her. /er0onal 0ervice o. <roce00 remain0 the mo0t relia>le and e..icaciou0 ?a- to >oth en0ure com<liance ?ith
con0titutionall- im<o0ed due <roce00 re@uirement0 o. notice to a de.endant and the o<<ortunit- to >e heard. P2QU &he
National 6a? !evie?: &he Continuing !elevance o. /er0onal Service o. /roce00
,nd even i. 0omething indicate0 Coughlin FEne?F a>out the 3rder" much liEe in the ca0e o. CoughlinC0 that ?a0
di0mi00ed ?here the 8a0hoe Count- Sheri..C0 didnCt manage to get the F<er0onal 0erviceF o. the Summon0 and Com<laint
done in time" or F0u..icientl-F" o<<o0ing coun0el in that matter could tell -ou that Factual noticeF i0 not a 0u>0titute .or
com<liance ?ith the 0ervice re@uirement0.
8hich i0 nice >ecau0e .olE0 liEe !ichard :. 2ill" E0@. have le00 o. an o<<ortunit- to game the 0-0tem and 0?oo< in ?ith
locEout then a00ert a >unch o. hooe- a>out N!S 11$,.4*+ Frea0ona>le 0torage" moving" and inventor-ing e)<en0e0F
0u>Aecting the tenantC0 <er0onal <ro<ert- to a lien. !ichard :. 2ill in0i0ted on thro?ing a?a- the la0t thing m- >eloved
grandmother gave me >e.ore 0he died 2 -ear0 ago in the to?n dum<. 2e and hi0 contractor lied a>out 0o man- thing0"
including the .act that the- u0ed m- o?n damn <l-?ood to >oard u< the >acE <orch o. the <ro<ert-" then 0u>mitted a >ill
to the court in an e)hi>it .or G1"+*+ .or F0ecuringF the <ro<ert- B?hich doe0nCt reall- a<<l- to N!S 11$,.4*+C0
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01325
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Frea0ona>le 0torage moving and inventor-ing e)<en0e0F liEe it i0 re@uired to....urther" the charged me G9++ a month .or
0torage and 0ent me a >ill .or 0uch <rior to m- arre0t .or tre0<a00ing at the 121 !iver !ocE location"...?ell i. the- charged
me G9++ to have a home la? o..ice there" then ho? i0 it 0omeone could >e tre0<a00ing i. the- are >eing charged the .ull
rental value .or Fu0e and occu<anc- o. the <remi0e0FH (urther" even i. it ?a0 a 0torage 0ituation0" there are 0ection0 o.
N!S 11$, devoted to evicting 0omeone .rom a 0torage .acilit-" not arre0ting them .or tre0<a00" and certainl- not a
cu0todial arre0t ?here the !/D 3..icer Carter and Sargent 6o<eD admit the- never i00ued a ?arning to me or a0Eed me to
leave <rior to conducting a cu0todial arre0t B?hich re@uired G$++ o. >ail" greatT" and 3 da-0 in Aail" no le00;. &hi0 i0
e0<eciall- <oor .orm ?here 3..icer Carter admitted to me that he taEe0 >ri>e0 .rom !ichard 2ill. 2e-" i. 3..icer Carter
did not 0a- that to me" go ahead and 0ue me" m- man....1Cm ?aiting.....thatC0 ?hat 1 thought.
2e can 0a- he ?a0 AoEing all he ?ant0" >ut it ainCt no AoEing a00 0ituation to me ?hen -ou are arre0ting me and cau0ing a
google 0earch re0ult .or m- name to 0ho? an arre0t....thatC0 damaging the onl- thing 1 have o. monetar- value Bm-
<ro.e00ional re<utation and name;. 1t ainCt no 0tand u< hour ?hen -ou are <utting me in cu..0" >ro. ,nd 3..icer Carter and
Sargent 6o<eD re.u0ed to <ro<erl- @uer- 2ill a0 to ?hether he had 0ent me" <rior to the tre0<a00ing arre0t" a >ill .or the
F.ull rental valueF o. the <ro<ert-" a value that" at G9++" ?a0 the 0ame charge .or the .ull Fu0e and occu<anc-F o. the
<remi0e0. ,nd !ichard :. 21ll" E0@. ?a0 too >u0- chortling and .illing out the Criminal Com<laint to >other 0etting them
0traight" de0<ite m- cue0" 1 gue00.
No?" add to that mal.ea0ance the .act that 4udge S.erraDDa let Ca0e- BaEer" E0@. <re<are the 3rder" ?hich mean0
.aith.ull- <ut to ?riting ?hat the 4udge announced" not attem<t to 0teal G2"27% .or -our Cali.ornian Beverl- 2ill0 2igh
School graduate neuro0urgeon client >- 0li<<ing in 0omething the Audge never 0aid" ie" that the neuro0urgeon get0 to Eee<
the G2"27% that 4udge S.erraDDa order the tenant to <a- into the !eno 4u0tice Court a0 a Frent e0cro?F de<o0it re@uired to
<re0erve the right to litigate ha>ita>ilit- i00ue0. No?" nevermind the .act that 4udge S.erraDDa actuall- did not have the
Auri0diction to re@uire that Bthere i0 not 4C!6# 44 in !eno" thatC0 a #ega0 rule" and i. !eno ?ant0 a rule liEe that o. it0
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01326
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o?n 4C!C/ $3 re@uire0 the !4C to <u>li0h it and get it a<<roved >- the Nevada Su<reme Court .ir0t....<eriod.;. 3Ea-" 0o"
to taEe it a 0te< even .urther" BaEerC0 order goe0 on to 0a- F>ut the G2"27% ?onCt >e relea0ed to the neuro0urgeon -et"
Fin0tead that 0um 0hall 0erve a0 0ecurit- .or CoughlinC0 co0t on a<<eal" <ur0uant to Nevada 4C!C/ 73...F. But ?ait" doe0nCt
that mean Coughlin then get0 a Sta- o. Eviction during the <endenc- o. the ,<<ealH 10ntC that ?a0 a 0ecurit- that large
mu0t >e .orH Becau0e the F,<<eal BondF i0 0et >- 0tatute at onl- a mere G2%+....0o holding on to 1+ time0 that much o.
CoughlinC0 ca0h mu0t have >een .or the FSu<er0edea0 BondF mentioned a -ielding one a Sta- o. Eviction in N!S 4+.3$+
and 4+.3$%.
1 Eno?" 1 Eno?" it0 con.u0ing >ecau0e actuall- tho0e 0ection0 .orce the landlord" hi0 attorne-0 and the !4C to choo0e
>et?een vie?ing Coughlin a0 a re0idential tenant ?ho0e rent i0 le00 than G1"+++" and ?hom there.ore i0 onl- re@uired to
<o0t a mea0l- 0u<er0edea0 >ond o. G2%+ Band remem>er" a 0u<er0edea0 >ond e@ual0 a 0ta- o. eviction e@ual0 not
tre0<a00ing; or the the other choice i0 to vie? Coughlin a0 a commercial tenant" ?hich ?ould allo? charging a higher
0u<er0edea0 >ond Be)ce<t .or that <e0E- <art a>out hi0 rent >eing under the G1"+++ re@uired >- the 0tatute to do 0o" hi0
rent >eing onl- G9++;" e)ce<t" darn it" old !ichard :. 2ill" E0@. and Ca0e- BaEer" E0@. elected to <ur0ue thi0 0ummar-
eviction <roceeding under a No Cau0e Eviction Notice" ?hich i0 not allo?ed again0t a commercial tenant Bie" -ou canCt
evict a commercial tenant u0ing the 0ummar- eviction <rocedure0 0et .orth in N!S 4+.2%3 unle00 -ou alllege non <a-ment
o. rent and 0erve a 3+ Da- Non /a-ment o. !ent Notice &o Vuit" ?hich the- didnCt >ecau0e the- Fare Au0t taEing the <ath
o. lea0t re0i0tance here" 7our 2onor Bin0ert their 0mug chucEling and o>no)iou0N<retentiou0 Fcan -ou >elieve thi0 gu-HF
laughter and head 0haEing...;.
N!S 4+.3$+ /rovi0ion0 governing a<<eal0. Either <art- ma-" ?ithin 1+ da-0" a<<eal .rom the Audgment rendered. But an
a<<eal >- the de.endant 0hall not 0ta- the e)ecution o. the Audgment" unle00" ?ithin the 1+ da-0" the de.endant 0hall
e)ecute and .ile ?ith the court or Au0tice the de.endantL0 undertaEing to the <lainti.." ?ith t?o or more 0uretie0" in an
amount to >e .i)ed >- the court or Au0tice" >ut ?hich 0hall not >e le00 than t?ice the amount o. the Audgment and co0t0" to
the e..ect that" i. the Audgment a<<ealed .rom >e a..irmed or the a<<eal >e di0mi00ed" the a<<ellant ?ill <a- the Audgment
and the co0t o. a<<eal" the value o. the u0e and occu<ation o. the <ro<ert-" and damage0 Au0tl- accruing to the <lainti..
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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during the <endenc- o. the a<<eal. 5<on taEing the a<<eal and .iling the undertaEing" all .urther <roceeding0 in the ca0e
0hall >e 0ta-ed.
So" ?h- on earth i0 the Cit- ,ttorne-C0 3..ice 0till tr-ing to tr- Coughlin on the tre0<a00 charge .or ?hich he endured a
cu0todial arre0t and .or ?hich old !ichard 2ill i0 0till .iling =otionC0 to Sho? Cau0e on in the a<<eal o. the 0ummar-
eviction matter in C#11'+3*2$H 8h-" oh ?h-H Doe0 the !eno Cit- ,ttorne-C0 3..ice have 0ome 0ort o. ve0ted intere0t in
Eee<ing Coughlin do?n" >u0-" >e0otted" encum>ered" or other?i0eH 1t" ?h-" it couldnCt >e >ecau0e Coughlin ha0 a reall-
good ?rong.ul arre0t cau0e o. action again0t the !eno /olice De<artment" could itH htt<:NN???.-outu>e.comN?atchH
vR%/!7@431%>+
,nd" ?ell" -eah the 8a0hoe Count- Sheri..C0 3..ice didnCt @uite get tho0e Summon0 and Com<laint0 0erved in that one
ca0e Coughlin ?a0 0uing hi0 .ormer em<lo-er in" the one ?here Coughlin ?a0 granted an 3rder to /roceed 1n (orma
/au<eri0" ?hich re@uired the 8a0hoe Count- Sheri..C0 3..ice to 0erve the Summon0 and Com<laint0....But ?hat doe0 that
have to to ?ith the * da-0 Coughlin 0<ent in Aail on the arre0t 0ho?n in the -outu>e video a>oveH 1t0 not liEe the 8a0hoe
Count- Aailed videota<ed a 0cene ?here the- ?ere .orcing Coughlin to get naEed and <ut on a green dre00. 8hatC0 thatH 1t
i0H &he- did do thatH !eall-H No...8hatH &he- al0o .orced him to 0imulate oral and anal 0e) ?ith de<utie0" in the gui0e o.
0ome ridiculou0 F<rocedureF nece00ar- to in0ure De<ut- 0a.et-H 3h" ?o?. ,nd the- retaliated again0t him .or .ailing to
an0?er their religiou0 <re.erence interrogation @ue0tion0 >- <lacing him in an ic- cold cell .or hour0 at a time" re.u0ing
him medical care de0<ite hi0 <laintive crie0 .or hel<" ?hile ?earing a thin t'0hirtH 8o?. &he- didnCt Aam a ta0er needle in
hi0 0<ine .or e)tended <eriod0 o. time" though" did the-H 7our EiddingT 8hat0 ne)t" -our going tell me Sargent Sig.ree o.
the !eno /D ordered a cu0todial arre0t on Coughlin .or FAa-?alEingF ?hile Coughlin ?a0 <eace.ull- .ilming" .rom a
<u>lic 0<ot" !ichard :. 2illC0 .raudulent contractor /hil 2o?ard de0tro-ing and taEing to the to?n dum< item0 o.
enormou0 0entimental value to Coughlin that he ?a0 <revented .rom retrieving .rom the <ro<ert- during the 0cant time he
?a0 allo?ed to Ba.ter he <aid G4$+ ?orth o. a lien .or ?hat he Ene? not" >ecau0e" de0<ite" olC Contractor /hilC0 .raudulent
G1"+*+ >ill .or F0ecuringF the >acE <orch B?ith 0cre?0 .acing the out0ide" ine)<lica>l-" and a ?indo? unit aNc le.t in the
?indo? .acing the 0ide?alE near the 6aEemill 6odge" 0ecured >- nothing >ut duct ta<e
1t i0 Eind o. a com>o neon 0ign that 0a-0 FBurglariDe thi0 /lace" Ever->od-TF;" CoughlinC0 .ormer home la? o..ice ?a0
>urglariDed on Decem>er 12" 2+11 ?hile !ichard :. 2ill ?a0 holding it0 content0 Bincluding" tacEil-" CoughlinC0 clientC0
.ile0" liEe the one0 .or the .oreclo0ure de.en0e action0" etc.;" a00erting hi0 FlienF. , lien .or F0torageF ?here the charge .or
0torage" G9++" ?a0 the 0ame a0 the charge .or F.ull u0e and occu<an-F ?a0. 2o?ever" that G9++ a month .or F0torageF al0o
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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included another G1"+*+ charge .or F0ecuringF Band that >ill actuall- li0ted F.i)ing a leaE in the >a0ement...neither o.
?hich 0eem to have much to do ?ith the Frea0ona>le 0torage" moving" and inventor-ingF e)<en0e0 0uch a lien i0 <rovided
.or under N!S 11$,.4*+....;. 4eeD" -our <ro>a>l- going to tell me Sargent Sig.ree ordered another cu0todial arre0t on
Coughlin Au0t t?o da-0 a.ter the Aa-?alEing arre0t" .or the 0ame .act <attern that =a0ter Edmond0on granted CoughlinC0
a<<lication0 .or /rotection0 3rder0 again0t >a0ed u<on the >atter- and a00ault0 that hi0 .ormer hou0emate0 committed.
Becau0e" Sargent Sig.ree thinE0 it0 Fmi0u0e o. 911F .or Coughlin to call ?hen he return0 home at night and hi0 dog ha0
m-0teriou0l- di0a<<eared" and hi0 hou0emate0 maEe menacing commentar- a>out it. Surel-" Coughlin" a .ormer dome0tic
violence attorne- ?ould have nothing hel<.ul to add to Sargnet Sig.reeC0 e)<ert o<inion that Fanimal a>u0e i0 not
dome0tic violenceF Btell that to N!S 33.+1+" Sarge; and that it0" rather" Fa matter .or animal controlF and that Sargent
Sig.ree ?a0 Ftr-ing to hel<F Coughlin >- arre0ting him" again" and nece00itating the G1"%++ >ail a00ociated ?ith the gro00
mi0demeanor charge" F=i0u0e o. 911F >ecau0e" a0 Sargent Sig.ree told Coughlin F-ou Eee< <utting -our0el. in 0ituation0
?here -ou are victimiDedF 0o it ?a0 nece00ar- to arre0t Coughlin in that regard.
But he-" at lea0t N# Energ- ha0nCt re.u0ed to let Coughlin get an- electrical 0ervice .or the <a0t ?eeE 0ince tho0e
?ith the /rotection 3rder0 again0t them cancelled the 0ervice and N# Energ- 0hut it o.." ?ithout <roviding an- notice to
Coughlin" right. Nevermind. But...>ut 0urel- ?hen N# Energ- 0hut o. the <o?er to CoughlinC0 home la? o..ice on
3cto>er 4th" 2+11" Au0t hour0 <rior to the >ad .aith Fin0<ectionF ?ith videogra<her o. CoughlinC 0 home la? o..ice that
Ca0e- BaEer" E0@. thought 0o ver- nece00ar- one da- >e.ore CoughlinC0 &enant ,n0?er ?a0 due...0urel- N# Energ- did
not leave the >acE gate to CoughlinC0 home la? o..ice o<en and 0<eed o.." CoughlinC0 >eloved mountain >iEe 0uddenl-
mi00ing Bthe one the <arent0 o. hi0 girl.riend o. % -ear0 gave him;H 8ell" N# Energ- i0 <ro>a>l- not retaliating again0t
Coughlin .or com<laining a>out that >- re.u0ing him electric 0ervice .or the <a0t 0even da-0" -ou ?ould have to a00ume....
N!S 4+.3$% Sta- o. e)ecution u<on a<<eal9 dut- o. tenant ?ho retain0 <o00e00ion o. <remi0e0 to <a- rent during 0ta-.
5<on an a<<eal .rom an order entered <ur0uant to N!S 4+.2%3:
1.E)ce<t a0 other?i0e <rovided in thi0 0u>0ection" a 0ta- o. e)ecution ma- >e o>tained >- .iling ?ith the trial
court a >ond in the amount o. G2%+ to cover the e)<ected co0t0 on a<<eal. , 0uret- u<on the >ond 0u>mit0 to the
Auri0diction o. the a<<ellate court and irrevoca>l- a<<oint0 the clerE o. that court a0 the 0uret-L0 agent u<on ?hom <a<er0
a..ecting the 0uret-L0 lia>ilit- u<on the >ond ma- >e 0erved. 6ia>ilit- o. a 0uret- ma- >e en.orced" or the >ond ma- >e
relea0ed" on motion in the a<<ellate court ?ithout inde<endent action. , tenant o. commercial <ro<ert- ma- o>tain a 0ta-
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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o. e)ecution onl- u<on the i00uance o. a 0ta- <ur0uant to !ule $ o. the Nevada !ule0 o. ,<<ellate /rocedure and the
<o0ting o. a 0u<er0edea0 >ond in the amount o. 1++ <ercent o. the un<aid rent claim o. the landlord.
2. , tenant ?ho retain0 <o00e00ion o. the <remi0e0 that are the 0u>Aect o. the a<<eal during the <endenc- o. the a<<eal
0hall <a- to the landlord rent in the amount <rovided in the underl-ing contract >et?een the tenant and the landlord a0 it
>ecome0 due. 1. the tenant .ail0 to <a- 0uch rent" the landlord ma- initiate ne? <roceeding0 .or a 0ummar- eviction >-
0erving the tenant ?ith a ne? notice <ur0uant to N!S 4+.2%3.
N!S 4+.39+ ,<<ellate court not to di0mi00 or @ua0h <roceeding0 .or ?ant o. .orm. 1n all ca0e0 o. a<<eal under N!S
4+.22+ to 4+.42+" inclu0ive" the a<<ellate court 0hall not di0mi00 or @ua0h the <roceeding0 .or ?ant o. .orm" <rovided the
<roceeding0 have >een conducted 0u>0tantiall- according to the <rovi0ion0 o. N!S 4+.22+ to 4+.42+" inclu0ive9 and
amendment0 to the com<laint" an0?er or 0ummon0" in matter0 o. .orm onl-" ma- >e allo?ed >- the court at an- time
>e.ore .inal Audgment u<on 0uch term0 a0 ma- >e Au0t9 and all matter0 o. e)cu0e" Au0ti.ication or avoidance o. the
allegation0 in the com<laint ma- >e given in evidence under the an0?er.
N!S 4+.4++ !ule0 o. <ractice. &he <rovi0ion0 o. N!S" Nevada !ule0 o. Civil /rocedure and Nevada !ule0 o. ,<<ellate
/rocedure relative to civil action0" a<<eal0 and ne? trial0" 0o .ar a0 the- are not incon0i0tent ?ith the <rovi0ion0 o. N!S
4+.22+ to 4+.42+" inclu0ive" a<<l- to the <roceeding0 mentioned in tho0e 0ection0.
But" >acE to the Sheri..C0 3..ice. ,nd" 1 am not reall- >u-ing the idea that -ou gu-0 donCt Eno? N!C/ 4 through * liEe
the >acE o. -our hand" >ut....hell" ma->e -ou donCt. But" clearl- the language in N!S 4+ a>out ho? the Sheri.. ma-
Fremove tenant .rom the <ro<ert- ?ithin 24 hour0 o. recei<t o. the 3rderF do not a<<l- ?here the &enant .iled a &enantC0
,n0?er and 0ho?ed u< to the 2earing and litigated the matter. E0<eciall- ?here" a0 here the lea0e had not terminated" >-
it0 term0" >ut ?a0 rather rene?ed. &hi0 i0 <articularl- true ?here N!S 11$, <revent0 0o terminating a holdover tenantC0
lea0e .or a retaliator- or di0criminator- <ur<o0e.
N!C/ 4: FBd; Summon0: /er0onal Service. &he 0ummon0 and com<laint 0hall >e 0erved together. &he <lainti..
0hall .urni0h the <er0on maEing 0ervice ?ith 0uch co<ie0 a0 are nece00ar-. Service 0hall >e made >- delivering a co<- o.
the 0umon0 attached to a co<- o. the com<laint a0 .ollo?0:...B*; Service 5<on 1ndividual0. 1n all other ca0e0 to the
de.endant <er0onall-" or >- leaving co<ie0 thereo. at the de.endantL0 d?elling hou0e or u0ual <lace o. a>ode ?ith 0ome
<er0on o. 0uita>le age and di0cretion then re0iding therein" or >- delivering a co<- o. the 0ummon0 and com<laint to an
agent authoriDed >- a<<ointment or >- la? to receive 0ervice o. <roce00. P,0 amended9 e..ective 4anuar- 1" 2++%.Q Be;
Same: 3ther Service. B1; Service >- /u>lication. Bi; :eneral. 1n addition to method0 o. <er0onal 0ervice" ?hen the <er0on
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01330
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on ?hom 0ervice i0 to >e made re0ide0 out o. the 0tate" or ha0 de<arted .rom the 0tate" or cannot" a.ter due diligence" >e
.ound ?ithin the 0tate" or >- concealment 0eeE0 to avoid the 0ervice o. 0ummon0" and the .act 0hall a<<ear" >- a..idavit" to
the 0ati0.action o. the court or Audge thereo." and it 0hall a<<ear" either >- a..idavit or >- a veri.ied com<laint on .ile" that
a cau0e o. action e)i0t0 again0t the de.endant in re0<ect to ?hom the 0ervice i0 to >e made" and that the de.endant i0 a
nece00ar- or <ro<er <art- to the action" 0uch court or Audge ma- grant an order that the 0ervice >e made >- the <u>lication
o. 0ummon0. /rovided" ?hen 0aid a..idavit i0 >a0ed on the .act that the <art- on ?hom 0ervice i0 to >e made re0ide0 out o.
the 0tate" and the <re0ent addre00 o. the <art- i0 unEno?n" it 0hall >e a 0u..icient 0ho?ing o. 0uch .act i. the a..iant 0hall
0tate generall- in 0uch a..idavit that at a <reviou0 time 0uch <er0on re0ided out o. thi0 0tate in a certain <lace Bnaming the
<lace and 0tating the late0t date Eno?n to a..iant ?hen 0uch <art- 0o re0ided there;9 that 0uch <lace i0 the la0t <lace in
?hich 0uch <art- re0ided to the Eno?ledge o. a..iant9 that 0uch <art- no longer re0ide0 at 0uch <lace9 that a..iant doe0 not
Eno? the <re0ent <lace o. re0idence o. 0uch <art- or ?here 0uch <art- can >e .ound9 and that a..iant doe0 not Eno? and
ha0 never >een in.ormed and ha0 no rea0on to >elieve that 0uch <art- no? re0ide0 in thi0 0tate9 and" in 0uch ca0e" it 0hall
>e <re0umed that 0uch <art- 0till re0ide0 and remain0 out o. the 0tate" and 0uch a..idavit 0hall >e deemed to >e a 0u..icient
0ho?ing o. due diligence to .ind the de.endant. &hi0 rule 0hall a<<l- to all manner o. civil action0" including tho0e .or
divorceF
Su>Aect: !E: 8CS3 De<ut- =achemC0 F<er0onall- 0ervedF ,..idavit o. 11N1N2+11
Date: &ue" 7 (e> 2+12 11:4+:39 '+$++
(rom: 6StuchellW?a0hoecount-.u0
&o: DachcoughlinWhotmail.com
CC: mEandara0Wda.?a0hoecount-.u0
=r. Coughlin"
3ur record0 indicate that the eviction conducted on that da- ?a0 <er0onall- 0erved >- De<ut- =achen >- <o0ting a co<-
o. the 3rder to the re0idence. &he re0idence ?a0 unoccu<ied at the time.
6iD Stuchell" Su<ervi0or
8CS3 Civil Section
(rom: Zach Coughlin Pmailto:DachcoughlinWhotmail.comQ
Sent: =onda-" (e>ruar- +*" 2+12 2:%$ ,=
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01331
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&o: Stuchell" 6iD9 Xandara0" =ar-9 nvreno<dWco<logic.com9 Silva" !o)anna9 EadlicAWreno.gov9
.ourthe0tateWgmail.com9 Aame0andre>ole0Wm0n.com
Su>Aect: 8CS3 De<ut- =achemC0 F<er0onall- 0ervedF ,..idavit o. 11N1N2+11
Dear 1, Su<ervi0or Stuchell and DD, Xandara0"
1 realiDe -ou ?ill liEel- not read all o. thi0. &he main thing i0 1 am re0<ect.ull- re@ue0ting that -ou con.irm ?ith De<ut-
=achem that he did" in .act" F<er0onall- 0erveF the Summar- Eviction 3rder on me at 121 !iver !ocE St." !eno $9%+1 on
Novem>er 1" 2+11 at 4:3+ <m" in connection ?ith <er.orming the locEout. 1t i0 m- <o0ition that 1 ?a0 not F<er0onall-
0ervedF and 1 am tr-ing to .igure out ?hether De<ut- =achem i0 l-ing or ?hether the <hra0e F<er0onall- 0ervedF mean0
0omething other than ?hat 1 >elieve it mean0" etc." etc. 1 a<<reciate -our attention to thi0.
1 am ?riting to in@uire a>out and com<lain ?ith regard to an ,..idavit o. Service .iled >- or .or 8CS3 De<ut- =achem
?ith re0<ect to the 0ervice o. a 3rder :ranting Summar- Eviction again0t me Bin m- la? o..ice ?here non'<a-ment o.
rent ?a0 not alleged" no le00 in violation o. N!S 4+.2%3 and ?here a G2"27% rent e0cro? de<o0it ?a0 .oi0ted u<on me in
violation o. 4+.2%3B*;" e0<eciall- ?here a 0ta- o. eviction ?a0 not granted even ?hile the !4C held on to mo0t all m-
mone-...;.
=- i00ue ?ith the 8CS3 i0 that =achemC0 ,..idavit o. Service indicate0 that he F<er0onall- 0ervedF me" ?hich Eind o.
remind0 me o. all that ro>o'0igning and =E!S .raud 1 come acro00 in m- da- Ao> Band do -ou ?onder ho? man-
attorne-0 in the .oreclo0ure de.en0e game 1 am in con0tant contact ?ith ?ho are ?atching and ?itne00 the <otential !1C3
violation0 thi0 ?riting mention0H;" ?hich include0 >eing a .oreclo0ure de.en0e attorne-. So ?hich i0 itH Did =achem
F<er0onall- 0erveF me the Summar- Eviction 3rderH !ichard :. 2ill" E0@. liEe0 to argue that 1 ?a0 F0ervedF in
com<liance ?ith all time related rule0 >ecau0e it ?a0 done in the Fu0ual cu0tom and <ractice o. the 8CS3. 8hat" e)actl-"
i0 the Fu0ual cu0tom and <ractice o. the 8CS3H 1 hear a lot a>out thi0 F?ithin 24 hour0F 0tu... So" 1 go hunting .or 0ome
>lacE letter la? to 0u<<ort ?hat tho0e at the !4C and in the cluele00 communit- at large B?hich o.ten include0 Nevada
6egal Service0 and 8a0hoe 6egal Service0" the <eo<le -ou gu-0 had 0uch trou>le actuall- 0erving in the la?0uit0 1 .iled"
?hich ma- have actuall- hel<ed im<roved legal 0ervice0 in thi0 communit-" i. the- ?ere not di0mi00ed due to
in0u..icienc- o. 0ervice o. <roce00" even ?here the 1(/ re@uired the 8CS3 to 0erved the de.endant0....;. ,n-?a-" >acE to
the F?ithin 24 hour0F <hra0eolog-: F
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01332
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&hi0 ?hole >u0ine00 a>out I&he court ma- thereu<on i00ue an order directing the 0heri.. or con0ta>le o. the count- to
remove the tenant ?ithin 24 hour0 a.ter recei<t o. the order...J i0 ina<<lica>le to thi0 0ituation" ?here an 3rder :ranting
Summar- Eviction ?a0 0igned >- 3cto>er 27th" 2+11. &hat language i0 onl- .ound in 0ituation0 ina<<lica>le to the
current one. N!S 4+.2%3B3;B>;B2;" and N!S 4+.2%3B%;Ba; are the onl- 0ection0 o. N!S 4+ ?here thi0 I?ithin 24 hour0J
language occur0" and tho0e 0ituation0 onl- a<<l- ?here" in:
4+.2%3B3;B>;B2;: I 3. , notice 0erved <ur0uant to 0u>0ection 1 or 2 mu0t: ...B>; ,dvi0e the tenant: K. B2; &hat i. the court
determine0 that the tenant i0 guilt- o. an unla?.ul detainer" the court ma- i00ue a 0ummar- order .or removal o. the tenant
or an order <roviding .or the nonadmittance o. the tenant" directing the 0heri.. or con0ta>le o. the count- to remove the
tenant ?ithin 24 hour0 a.ter recei<t o. the orderJ
and"
4+.2%3B%;Ba;: I%. 5<on noncom<liance ?ith the notice: Ba; &he landlord or the landlordL0 agent ma- a<<l- >- a..idavit o.
com<laint .or eviction to the Au0tice court o. the to?n0hi< in ?hich the d?elling" a<artment" mo>ile home or commercial
<remi0e0 are located or to the di0trict court o. the count- in ?hich the d?elling" a<artment" mo>ile home or commercial
<remi0e0 are located" ?hichever ha0 Auri0diction over the matter. &he court ma- thereu<on i00ue an order directing the
0heri.. or con0ta>le o. the count- to remove the tenant ?ithin 24 hour0 a.ter recei<t o. the order.J &he ?a- the0e 0ummar-
eviction <roceeding0 are >eing carried out in !eno 4u0tice Court <re0entl- 0hocE0 the con0cience and violate0 Nevada
la?. &here i0 not >a0i0 .or e..ectuating a locEout the ?a- 8CS3C0 De<ut- =achem did in thi0 ca0e. &he a>ove t?o
0ection0 containing the I?ithin 24 hour0 o. recei<tJ language are ina<<lica>le" a0 tho0e 0ituation0 do not invoEe the
<re0ent circum0tance0" ?here the &enant did .ile an ,..idavit and did conte0t thi0 matter to a degree not o.ten 0een. &o
re@uire NevadaC0 tenant0 to get u< and get out I?ithin 24 hour0J o. Irecei<t o. the orderJ B?hat doe0 that even meanH &he
u0e o. term0 liEe IrenditionJ" IrenderedJ" Inotice o. entr-J" I<ronouncedJ" i0 a>0ent here" and thi0 Irecei<t o. the orderJ
language i0 0omething rarel- .ound el0e?here in Nevada la?'0ee attached D=# 0tatutor- citation0" and in em<lo-ment
la? litigation0 ?here one mu0t .ile a Com<laint ?ithin 9+ da-0 o. Irecei<tJ o. a !ight &o Sue 6etter" a 0ituation ?hich
.ollo?0 N!C/ %B>;" and N!C/ *Be; in im<uting recei<t o. 0uch a letter" ?hen actual recei<t i0 not 0ho?n" >- a<<l-ing a
Icon0tructive noticeJ 0tandard that relie0 u<on the da-0 .or mailing e)ten0ion o. time .or item0 0erved in the mailing"
etc.;. 1n ,>raham v. 8ood0 2ole 3ceanogra<hic 1n0titute" %%3 (.3d 114 B10t Cir. 2++9;" the record did not re.lect ?hen
the <lainti.. received hi0 right'to'0ue letter. &he letter ?a0 i00ued on Novem>er 24" 2++*. &he court calculated that the 9+'
da- <eriod commenced on Novem>er 3+" 2++*" >a0ed on three da-0 .or mailing a.ter e)cluding Saturda-0 and Sunda-0.
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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1n order to >ring a claim under either &itle #11 or the ,D," a <lainti.. mu0t e)hau0t admini0trative remedie0 and 0ue
?ithin 9+ da-0 o. recei<t o. a right to 0ue letter. See 42 5.S.C. M 2+++e'%B.;B1;. See Bald?in Count- 8elcome Center v.
Bro?n" 4** 5.S. 147" 14$ n.1" 1+4 S.Ct. 1723" $+ 6.Ed.2d 19* B19$4;Bgranting <lainti.. an additional three da-0 .or
mailing <ur0uant to !ule *;.
(urther" de0<ite ?hat the inaccurate handout0 o. Nevada 6egal Service0 ma- 0a- a>out thi0 I24 hour0J and the
a<<lica>ilit- o. the 4C!C/ to ca0e0 liEe the0e" N!S 4+.4++ !ule0 o. <ractice" hold0 that :J&he <rovi0ion0 o. N!S" Nevada
!ule0 o. Civil /rocedure and Nevada !ule0 o. ,<<ellate /rocedure relative to civil action0" a<<eal0 and ne? trial0" 0o .ar
a0 the- are not incon0i0tent ?ith the <rovi0ion0 o. N!S 4+.22+ to 4+.42+" inclu0ive" a<<l- to the <roceeding0 mentioned
in tho0e 0ection0. ,0 0uch N!C/ *Ba;"Be; a<<lie0 to the 3rder o. Summar- Eviction that 8CS3 De<ut- =achem alleged"
under <enalt- o. <erAur-" that he F<er0onall- 0ervedF u<on me on Novem>er 1" 2+11. &hat i0 a lie >- =r. =achem" unle00
F<er0onall- 0ervedF i0 de.ined in a rather im<er0onal ?a- and or =achem and 1 have totall- di..erent under0tanding o. the
de.inition o. F<er0onall- 0ervedF" ?hich ma- >e the ca0e. 3r" <erha<0 the Sheri..C0 3..ice i0 >u0- and doe0nCt ?ant to ?ait
around to F<er0onall- 0erveF ever- tenant it ?i0he0 to evict. (ine" then Au0t u0e the Fmail it and allo? three da-0F rule in
N!C/ *Be;...the landlordC0 might not liEe it" >ut the- can u0e that .ru0tration a0 an incentive not to Aum< to litigating ever-
di0agreement a>out ha>ita>ilit- that a tenant >ring0 to them. 7ou ma- not realiDe ho? ridiculou0 0ome landlordC0 get. 1n
m- ca0e" 1 o..ered to .i) >a0ic thing0 that clearl- im<licated the ha>ita>ilit- rule0 in N!S 11$,.29+ and the Cali.ornian
neuro0urgeon" Beverl- 2ill 2igh School graduate landlord >alEed and com<lained then hired and attorne- .our da-0 into
a di0<ute.....at ?hich <oint the rule0 again0t contacting re<re0ented <artie0 <revented much in the ?a- o. real 0ettlement
di0cu00ion" <articularl- ?here o<<o0ing coun0el ha0 continuou0l- demon0trated a com<lete indi..erence to <ur0uing
0ettlement B?h- ?ould he at the rate0 he >ill0 hour0 atH;. 1 Au0t donCt thinE the Sheri..C0 3..ice need0 to 0ull- it0 image or
damage the citiDen tenant0 o. 8a0hoe Count- in the name o. <lea0ing <eo<le liEe Dr. =att =erli00 or !ichard :. 2ill"
E0@.
1 ,= !EV5ES&1N:" 1N 8!1&1N:" &2,& B3&2 3( 735! 3((1CES 1N#ES&1:,&E &21S ,ND
/!3#1DE , S83!N ,((1D,#1& (!3= =!. =,C2E= &2,& ,D=1&S &2,& 1 8,S N3& /E!S3N,667
/!ESEN& 82EN 2E SE!#ED &2E 3!DE! (3! S5==,!7 E#1C&13N 1N !4C !E#2+11'++17+$ 3N 11N1N12
,& 4:3+ /= B,CC3!D1N: &3 21S ,((1D,#1& 3( SE!#1CE;. 735 NE#E! XN38" 1 =1:2& 2,#E
1!!E(5&,B6E /!33( &2,& 1 8,S S3=E82E!E E6SE ,& &2,& &1=E" S3" BE C,!E(56. &here 0im<l- i0
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not an-thing 0<eci.ic in Nevada la? addre00ing ho? 0uch Summar- Eviction 3rder0 are to >e 0erved and carried out. &he
0ection0 dealing ?ith
N!S 4+.2%3 5nla?.ul detainer: Su<<lemental remed- o. 0ummar- eviction and e)clu0ion o. tenant .or de.ault in
<a-ment o. rent....
*. 5<on the .iling >- the tenant o. the a..idavit <ermitted in 0u>0ection 3" regardle00 o. the in.ormation contained in the
a..idavit" and the .iling >- the landlord o. the a..idavit <ermitted >- 0u>0ection %" the Au0tice court or the di0trict court
0hall hold a hearing" a.ter 0ervice o. notice o. the hearing u<on the <artie0" to determine the truth.ulne00 and 0u..icienc- o.
an- a..idavit or notice <rovided .or in thi0 0ection. 1. the court determine0 that there i0 no legal de.en0e a0 to the alleged
unla?.ul detainer and the tenant i0 guilt- o. an unla?.ul detainer" the court ma- i00ue a 0ummar- order .or removal o. the
tenant or an order <roviding .or the nonadmittance o. the tenant....
7. &he tenant ma-" u<on <a-ment o. the a<<ro<riate .ee0 relating to the .iling and 0ervice o. a motion" .ile a motion ?ith
the court" on a .orm <rovided >- the clerE o. the court" to di0<ute the amount o. the co0t0" i. an-" claimed >- the landlord
<ur0uant to N!S 11$,.4*+ or 11$C.23+ .or the inventor-" moving and 0torage o. <er0onal <ro<ert- le.t on the <remi0e0.
&he motion mu0t >e .iled ?ithin 2+ da-0 a.ter the 0ummar- order .or removal o. the tenant or the a>andonment o. the
<remi0e0 >- the tenant" or ?ithin 2+ da-0 a.ter:
Ba; &he tenant ha0 vacated or >een removed .rom the <remi0e09 and
B>; , co<- o. tho0e charge0 ha0 >een re@ue0ted >- or <rovided to the tenant"
Y ?hichever i0 later.
$. 5<on the .iling o. a motion <ur0uant to 0u>0ection 7" the court 0hall 0chedule a hearing on the motion. &he hearing
mu0t >e held ?ithin 1+ da-0 a.ter the .iling o. the motion. &he court 0hall a..i) the date o. the hearing to the motion and
order a co<- 0erved u<on the landlord >- the 0heri.." con0ta>le or other <roce00 0erver. ,t the hearing" the court ma-:
Ba; Determine the co0t0" i. an-" claimed >- the landlord <ur0uant to N!S 11$,.4*+ or 11$C.23+ and an- accumulating
dail- co0t09 and
B>; 3rder the relea0e o. the tenantL0 <ro<ert- u<on the <a-ment o. the charge0 determined to >e due or i. no charge0 are
determined to >e due....F
1 al0o ?ant to Eno? ?h- N!S 4+. 2%3B$; ?a0 not .ollo?ed ?ith re0<ect to m- Novem>er 17th" 2+11 .iling o. a
=otion to Conte0t /er0onal /ro<ert- 6ien. 8h- didnCt the 8CS3 0erve notice" a0 re@uired >- N!S 4+.2%3B$; u<on the
landlordC0 attorne- !ichard 2illH 8h- didnCt 1 get a hearing ?ithin the 1+ da-0 called called .or >- that 0ection Bto get
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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>acE m- clientC0 .ile0 no le00;" >ut rather" 1 had to ?ait a .ull 33 da-0 to get a hearing" and 0ervice o. notice o. the hearing
?a0 not e..ectuated" a0 re@uired >- N!S 4+.23%B$;" >- the 8CS3. 8h-H
/lea0e <rovide an indication" in ?riting" o. the name0 and ca0e num>er0 .or the la0t 2+ incidence0 ?hen the
8CS3 ha0 0erved notice o. a hearing 0et <ur0uant to N!S 4+.2%3B$;. 8hatC0 thatH &he 8CS3 ha0 NE#E! 0erved 0uch
noticeH 7et the 8CS3 i0 there ?ith >ell0 on Bor =achem i0; to lie in ,..idavit0 o. Service to locE out the citiDen tenant0
o. 8a0hoe Count- im<ermi00il>- earl- vi0 a vi0 N!C/ %B>;B2; and N!C/ *Be;H 8h- i0 thatH 10 it a con0<irac-H Doe0
mone- talEH 8hen 1 ?a0 arre0ted .or tre0<a00ing on Novem>er 12th" 2+11 >- !/D 3..icer Chri0 Carter and Sargent
6o<eD" Carter admitted to me that F!ichard 2ill <a-0 him a lot o. mone- and there.ore he arre0t0 ?hom !ichard 2ill 0a-0
to and doe0 ?hat !ichard 2ill 0a-0 to do....F Both Carter and Sargent 6o<eD re.u0ed to inve0tigate" de0<ite <rom<ting"
?hether !ichard 2ill ha0 0ent the tenantNarre0tee a >ill or demand letter in >ill .or the .ull rental value o. the <ro<ert-"
G9++ <er month" under 0ome inter<retation o. the Frea0ona>le 0torage" moving" and inventor-ing e)<en0e0F collecta>le >-
a landlord under a <er0onal <ro<ert- line 0et .orth in N!S 11$,.4*+ Bone could al0o inter<ret 0uch a >ill a0 2illC0
?ithdra?ing or eradicating the 3rder o. Summar- Eviction it0el." ?hich ?a0 not F<er0onall- 0ervedF >- the 8a0hoe
Count- Sheri.. Bde0<ite ?hat their ,..idavit o. Service 0a-0...1 ?a0nCt even there at the time the- changed the locE0...and
0o the Summar- Eviction 3rder ?a0 not <ro<erl- 0erved under N!C/ *" and de0<ite the !eno 4u0tice Court
im<ermi00i>l- converting G23++ o. m- mone- under a Frent e0cro?F 3rder it0 re@uired 1 com<l- ?ith in order to litigate
ha>ita>ilit- i00ue0 in a 0ummar- eviction <roceeding under N!S 4+.2%3" de0<ite N!S 4+.2%3B*;C0 e)<re00 dicate again0t
0uch an 3rder Bunle00" <ur0uant to 4C!C/ $3" a Au0tice court get0 0uch a rule" liEe 4u0tice Court !ule o. 6a0 #ega0
B4C!6#; !ule 44" <u>li0hed and a<<roved >- the Nevada Su<reme Court" ?hich the !4C ha0 not" rather" the !4C a<<lie0
all the0e in0idiou0 0ecret Fhou0e rule0F BliEe .orcing tenant0 to deliver them0elve0 to the .iling o..ice to 0u>mit to <er0onal
0ervice notice o. a 0ummar- eviction hearing ?ithin" liEe" 12 hour0 o. the &enant .iling a &enantC0 ,n0?er or ,..idavit in
re0<on0e to an eviction Notice" rather than the 0ervice re@uirement0 o. 0uch notice .ollo?ing N!C/ * Bda-0 .or mailing"
etc." etc." in other ?ord0" in the !4C ever-thing i0 0<ed u< im<eri00il>- to hel< landlordC0 out" and the N#. S. Ct ruling in
:laDier and 6i<<i0 clearl- contem<late <er0onal lia>ilit- again0t the Court and or 4udge0 them0elve0 .or 0o doing;....,
Vui &am action or 0omething a la =au0ertC0 in Solano Count-" 1 >elieve" in Cali.ornia" ?ould >e ver- intere0ting...Still
havenCt heard an-thing .rom the !eno /D a>out the variou0 com<laint0 1 have .iled ?ith them in ?riting related to the
?rong.ul arre0t0" e)ce00ive .orce and other mi0conduct committed again0t me" though the- did arre0t me the other da- .or
calling 911incident to 0ome dome0tic violence .or ?hich 1 ?a0 granted to E)tended /rotection 3rder0 again0t m- .ormer
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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hou0emate0....old Sargent Sig.ree ordered that arre0t" a0 he did t?o da-0 <rior ?hen he ordered a cu0todial arre0t o. me .or
FAa-?alEingF.
(unn- thing" 1 never heard an-thing >acE .rom the !/D a>out com<laint0 liEe the .ollo?ing one:
I(rom:
Nv!eno/dWco<logic.com
Sent:
8ed 9N+7N11 1+:%1 /=
&o: DachcoughlinWhotmail.com
ZZZZD3 N3& !ES/3ND &3 &21S E'=,16ZZZZ
8eCre 0orr- the .ollo?ing <ro>lem ?a0 .ound during revie?
o. -our 0u>mitted re<ort &11++%9%*:
&21S 1S N3& &2E (3!5= (3! &21S &7/E 3( C3=/6,1N& 238E#E! &21S !E/3!& 8,S /!1N&ED ,ND
/,SSED 3N &3 &2E 3((1CE!CS S5/E!#1S3! ,ND 1& 8166 BE ,DD!ESSED.
&hanE -ou"
3..icer 83ZN1,X"
!eno /olice De<artmentJ
8hat i0 intere0ting there i0 that at lea0t 1 ?a0 <rovided the name o. an o..icer" a F8oDniaEF Bthough 1 have >een una>le to
con.irm the e)i0tence o.
0uch an !/D 3..icer... or ?hether F &21S 1S N3& &2E (3!5= (3! &21S &7/E 3( C3=/6,1N& 238E#E!
&21S !E/3!& 8,S /!1N&ED ,ND /,SSED 3N &3 &2E 3((1CE!CS S5/E!#1S3! ,ND 1& 8166 BE
,DD!ESSED.F
8hat i0 more 0trange i0 that 1 0u>mitted 0everal online <olice re<ort0 to the !eno /D Ba cou<le o. ?hich a00erted
com<laint0 again0t variou0 !eno /D o..icer0" or a0Eed ?h- !D/ 3..icer Carter" ?hom admitted taEing >ri>e0 .rom
!ichard :. 2ill" E0@. at the time o. m- cu0todial arre0t .or tre0<a00ing Bthe one ?here !ichard 2ill 0igned a Criminal
Com<laint .or tre0<a00" then 3..icer Carter and Sargent 6o<eD re.u0ed to .ollo? u< on m- im<loring them to a0E 2ill
?hether he ha0 recentl- 0ent me a >ill .or the F.ull rental valueF o. the <ro<ert-" the 0ame amount that had >een charged
.or the Fu0e and enAo-mentF o. the <remi0e0" G9++" in com<ari0ion to ?hat N!S 11$,.4*+ ma- deem Frea0ona>le
0torageF e)<en0e0 .or ?hich a lien i0 availa>le to a landlord" though N!S 11$,.%2+ ha0 outla?ed rent di0traint0 u<on
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tenantC0 <er0onal <ro<ert-....!egardle00" >et?een 4anuar- $ ' 12th" 2+12" and ?a0 arre0ted t?ice >- the !eno /D 0hortl-
a.ter 0u>mitting the0e ?ritten com<laint0 to the !eno /D.
,ctuall-" u<on >eing relea0ed .rom Aail on Novem>er 1%th" 2+11" incident to the cu0todial tre0<a00 arre0t" 1 ?ent
to !ichard 21llC0 o..ice to get m- ?allet and driverC0 licen0e. 2e re.u0ed to <rovide it to me until late Novem>er 22nd"
2+11. 2ill called the !eno /D on the 1%th Bor ma->e 1 did >ecau0e he ?a0 ?ithholding m- 0tate i00ued 1D" the one 1
?ould need to rent a room" drive m- car" and m- ?allet" ?hich i0 Eind o. u0e.ul in 0uch 0ituation0....;. ,n-?a-0" Sargent
&arter o. the !eno /D 0ho?ed u<" he ?ent in0ide 2illC0 o..ice ?ith 2ill .or @uite 0ome time and the re0ult ?a0 &arter
telling me to leave. 1 did" >ut ?hile driving do?n St. 6aurence to?ard0 S. #irginia B2illC0 o..ice i0 at *%2 (orre0t St.
$9%+3 and ?ould have re@uired turning do?n the ?rong ?a- o. a one ?a- 0treet" (orre0t" to go >acE to 2illC0 3..ice B0o
clearl- 1 ?a0 not headed to 2illC0 o..ice; Sargent &arter >egan tailing me" then he <ulled me over" then he gave me a
ticEet" in retaliation i. -ou a0E me .or re<orting !/D 3..icer Carter admitting that he taEe0 >ri>e0 .rom 2ill to Sargent
&arter minute0 earlier. 5h" ?ell" an-?a-0" another Sargent call0 me later that night" taEing the Fgood co<F role. But u<on
in.orming him o. ?hat !/D 3..icer Carter told me a>out 2ill <a-ing him mone- to arre0t <eo<le during the 11N12N11
tre0<a00ing arre0t" that Sargent immediatel- in.ormed me that" de0<ite thi0 >eing the .ir0t he heard o. that" he ?a0 0ure that
?a0 not ha<<ening....1 gue00 !/D 3..icer Carter i0 tr-ing to e)<lain a?a- hi0 comment0 a>out !ichard 2ill <a-ing him
mone- to arre0t <eo<le >- di0mi00ing them a0 0arca0m" a AoEe" 0aid in Ae0t" ?hatever....>ut 1 donCt 0ee ho? that 0ituation Ba
licen0e attorne- getting arre0ted .or a crime" a conviction .or ?hich ?ould re0ult in that attorne- >eing re@uired to re<ort
0aid conviction to the State Bar o. Nevada under SC! 111" etc." and <o00i>l- re0ulting in a 0u0<en0ion o. that attorne-C0
licen0e to <ractice la?" or ?or0e...; i0 all that Aocular o. a 0ituation. Com>ine that ?ith the too @uicE to di0mi00 m- re<ort0
o. >ri>er- >- !ichard 2ill to o..icer Carter to the !/D Sargent ?ho called me on 11N1%N11 regarding the retaliation >-
Sargent &arter that 1 com<lained o." and 1 donCt thinE it i0 all that unrea0ona>le .or an-one to taEe !/D 3..icer Carter at
hi0 ?ord regarding !ichard :. 2ill" E0@. <a-ing him mone- to arre0t ?hom 2ill 0a-0 to arre0t. ,dd to that Sargent
Sig.ree ordering m- arre0t .or Aa-?alEing B>- a trainee !/D 3..icer; on 4anuar- 12th" 2+11 Bcu0todial arre0t" >ail o. G1*+
em<tied m- >anE account out" or <rett- clo0e to it; ?hile 1 ?a0 <eace.ull- .ilming .rom a <u>lic 0<ot !ichard :. 2ill"
E0@C0 contractor /hil 2o?ard" ?hom had 0u>mitted >ill0 in court0 record0 and .iling0 under the lien .or Frea0ona>le
0torage moving and inventor-ingF .ound in N!S 11$,.4*+" even ?here old /hil u0ed m- o?n <l-?ood at the <ro<ert- to
>oard u< the >acE <orch Bcuriou0l- leaving the 0cre?0 holding u< the <l-?ood e)<o0ed to e)terior o. the <ro<ert- ?here
an-one could ea0il- un0cre? them" and al0o leaving in a ?indo? unit ac 0ecured onl- >- ductta<e in a ?indo? .acing a
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NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
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0ide?alE >- the 6aEe=ill 6odge....?hich re0ulted in G$"+++ at lea0t o. m- <er0onal <ro<ert- >eing >urglariDed .rom m-
.ormer home la? o..ice on Decme>er 12th" 2+11 ?hile 2ill ?a0 a00erting a lien on all m- <er0onal <ro<ert- .ound therein
Band m- clientC0 .ile0" ?hich argua>l- are not even m- <ro<ert-" >ut rather" the clientC0 <ro<ert-;. 2ill ?ent on to <lace
?hat he >elieve0 to >e m- 0ocial 0ecurit- num>er in court record0" on <ur<o0e" de0<ite hi0 0igning an ,..irmation
<ur0uant to N!S 239B.+3+ that that ?a0 not the ca0e Battaching a t?o <age re<ort to the !/D a0 an E)hi>it;. &hen 2ill
and hi0 contractor /hil 2o?ard >oth committed <erAur- ?hen the 0igned Declaration0 atte0ting that 1 had clim>ed on the
contractor0 trucE or ever touched 2ill. 2ill lie0 con0tantl-" ?hether under <enalt- o. <erAur- or no?" 0o 1 donCt have time
to re>ut ever- little lie he maEe0 Bhe maEe0 me out to come0 acro00 a0 a 7o0emite Sam caricature o. a human >eing in hi0
.iling0 ?hen he de0cri>e0 me...;.
(urther" ?h- am 1 arre0ted .or tre0<a00ing and not tho0e .rom Nevada Court Service0 ?here the- ?ent >ehind
clo0ed gate the the >acE-ard o. m- home la? o..ice and >anged on ?indo? e)tremel- loudl- .or 4+ minute0 at a time 3
time0 a da-" one gu- ringing the door>ell" one gu- moving around all other 0ide0 o. the <ro<ert- >anging on the ?indo?0"
<eering in clo0ed >lind0" and a..ecting a <hon- Fcolor o. la?F tone" re0em>lance" and ver>al communication0"
mi0leadingl- announcing that the- ?ere FCourt Service0" come out no?TF" ?earing their <retend Sheri.. out.it0" >ig
e@ui<ment 0addled >elt0 Bincluding .irearm0" 1 >elieve" and radio0;" etc. "etc.
htt<:NN???.-outu>e.comN?atchHvRAV132@237D7
,dd to that that Nevada Court Service0 4e.. Chandler drive0 >- in hi0 =on0ter &rucE >aring hi0 <er0onaliDed FNCSF
licen0e <late ?hile 1 am in the !/D 0@uad car" handcu..ed" out0ide m- .ormer la? o..ice at 121 !iver !ocE" at the time o.
the 1N12N12 Aa-?alEing arre0t and the a<<earance0 are trou>ling. No?" add to that that 6e? &aitel" E0@. ?a0 m- court
a<<ointed <u>lic de.ender in the !eno =unici<al Court in the tre0<a00 ca0e" and that 4udge :ardner had re.u0ed to
<rovide me the name0 o. <ro0<ective a<<ointed de.en0e coun0el B1 ?anted to run a con.lict0 checE; at m- arraignment
B?here =ar0hal =entDel >arEed at me in a threatening tone" u0ing menacing language;" ?hereu<on &aitel ?a0 a<<ointed
a0 m- de.en0e attorne- and .iled a notice o. a<<earance" and received m- con.idential .ile" <c 0heet" arre0t re<ort0" 00n"
etc....onl- it0 turn0 out that &aitel 0hare0 and o..ice and a rece<tioni0t ?ith Nevada Court Service0 and the- li0t him and
hi0 <icture on their ?e>0ite a0 Fa00ociated ?ithF their /roce00 Server cor<oration" de0<ite the <rohi>ition la?-er0 .ace
again0t .ee 0haring ?ith non'la?-er0. &hen" &aitel 0omeho? manage0 to get out o. de.ending m- ca0e ?ithout .iling a
=otion to 8ithdra? a0 Coun0el" de0<ite that >eing re@uired >- the !eno =unici<al Court !ule 3BB;:
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!=C! !ule 3BB;: ,uthoriDation to !e<re0ent BB;: ,n attorne- de0iring to ?ithdra? .rom a ca0e 0hall .ile a
motion ?ith the court and 0erve the Cit- ,ttorne- ?ith the 0ame. &he court ma- rule on the motion or 0et a hearing.
But" <erha<0 mo0t trou>ling o. all i0 the im<lication that the !eno Cit- ,ttorne-C0 3..ice" ?hich de.end0 action0
again0t the Cit- o. !eno /olice De<artment and it0 3..icer0" ha0 a ve0ted intere0t in di0crediting me in advance o. the
?rong.ul arre0t la?0uit that the !eno Cit- ,ttorne-C0 o..ice Ene? ?a0 imminent at the time o. all o. the a>ove incident0"
relating to the .ollo?ing ,ugu0t 2+th" 2+11 ?rong.ul arre0t >- !/D 3..icerC0 Duralde and !o0a.
htt<:NN???.-outu>e.comN?atchHvR%/!7@431%>+ So" thatC0 ?hat attem<ting to coerce a 0u0<ectC0 con0ent to an
im<ermi00i>le 0earch 0ound0 liEeH ,dd to that that the tre0<a00ing ca0e i0 >e.ore 4udge :ardner" ?hom mo0t recentl- ?a0
em<lo-ed ?ith the !eno Cit- ,ttorne-C0 3..ice.
,nd" -ou Eno? ?hat i0 .unn-H 3..icer Del #ecchio cu..ed me and <laced me in hi0 0@uad car la0t 0ummer a.ter
he terri.ied me and another gentleman ?ho had >ic-cle0. 2e veered acro00 the road and 0creeched hi0 0@uad car to a halt"
Aum<ed out" and did 0ome other 0tu.." then demanded m- name and 1D...and the la?-er in me didnCt liEe that that much"
and he didnCt liEe me not ?anting to give it to him. &hi0 occurred right in .ront o. m- home la? o..ice in the 0ummer o.
2+11. 2e cu..ed me and told me 1 ?a0 going to Aail .or 0omething a>out a light on the .ront o. m- >ic-cle Bthe one N#
Energ- liEel- 0tole ?hen the 0hut o.. m- <o?er" unnoticed" on 3cto>er 4" 2+11; de0<ite m- >iEe actuall- having 0uch a
light....>ut then Del #ecchioC0 <artner did him a 0olid and talEed 0ome 0en0e into him" and 1 hum>led it u< .or Del
#ecchio and ?e >oth let it go" and 1 didnCt go to Aail....5ntil Del #ecchio ?a0 <re0ent 0u<ervi0ing 0ome 3..icerC0 training
at the 0cene o. m- cu0todial B9 hour; Aa-?alEing arre0t; on 1N12N12. But Del #ecchio" 1 gue00 either didnCt ?ant to or
?a0nCt a>le to talE 0ome 0en0e into Sargent Sig.ree.....and then Sargent Sig.ree Bthe 0<elling i0 liEel- o..; had me arre0ted
and charged ?ith a gro00 mi0demeanor" F=i0u0e o. 911F Au0t t?o da-0 later" on 4anuar- 14th" 2+11 ?hen 1 called 911 to
re<ort that m- roommate0 ?ere laughing menacingl- ?hen 1 a0Eed them ?h- m- dog ?a0 mi00ing B1 had al0o >een
cha0ed u< to m- room numerou0 time0 0ince moving in ?ith the0e <eo<le" 0omething 1 had to do >ecau0e 0o much o. m-
mone- had >een taEen u< ?ith >ail or lo0t earning0 due to all the0e ?rong.ul arre0t0 and a>u0e o. <roce00e0 mentioned
a>ove...al0o the0e hou0emate0 had cha0ed me ?ith a ten inch >utcher Eni.e" t?o o. m- tire0 ?ere 0la0hed" 1 ?a0 locEed out
all night on Ne? 7ear0 Even ?hen the0e changed the locE0 at around midnight" had m- .urniture thro?n in the 0treet"
<ro<ert- 0tolen" co..ee thro?n on me" de0tro-ing m- 0mart <hone in the <roce00" etc." etc...,nd de0<ite the hou0emate
having an out0tanding arre0t ?arrant" and animal a>u0e >eing li0ted among0t the element0 o. dome0tic violence" Sargent
Sig.ree told me he ?a0 arre0ting me >ecau0e 1 FEee< <utting -our0el. in the0e 0ituation0F" liEe" ?here 1 am a victim" and
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that he ?a0 Ftr-ing to hel< -ouF" he 0aid ?ith a 0mirE and a laugh to hi0 .ello? !/D 3..icer0" ?hom then <roceeded to
u0e e)ce00ive .orce again0t me. 1 gue00 he ?a0 hel<ing me >- 0addling me ?ith a gro00 mi0demeanor ?ith a G1"%++ >ail"
e0<eciall- ?here it0 >een arranged .or Court Service0" or <re'&rial Service0 to .orever den- me an 3!" de0<ite m-
meeting the .actor0 .or 0uch 0et .orth in 0tatute B3+ -ear re0ident" entire immediate .amil- live0 here" licen0ed to <ractice
la? in Nevada" etc." etc;...1 gue00 it 0hould not >e too much o. a 0ur<ri0e to me that !eno Cit- ,ttorne- /am !o>ert0
.ailed to addre00 the <erAur- o. all three o. her ?itne00e0 or that her .ello? !eno Cit- ,ttorne- Chri0to<her 2aDlett'
Steven0 lied to me a>out ?hether or not the !eno Cit- ,ttorne-C0 3..ice even had an- documentation related to m- arre0t
or ?hether it ?ould in the month >e.ore m- arraignment" de0<ite that .act that 0u>0e@uent <roduction0 o. di0cover- tend
to indicate that the !eno Cit- ,ttorne-C0 3..ice did have tho0e material0 at the time. 1 could >e ?rong a>out 0ome o.
thi0...But that ?ould re@uire and a?.ul lot o. coincidence0.
(urther" the la? in our State doe0 not 0eem e)ce<tionall- clear ?ith regard to the 0ervice and
<roce00 re@uirement0 and timeline0" and manner o. calculating time ?ith re0<ect to the Frecei<tF o.
6ocEout 3rder0. &he ,..idavit o. Service >- =achen 0tate0 that he F<er0onall- 0erved the de0cri>ed
document0 u<onF m-" Zach Coughlin...2o?ever" 1 can atte0t >- ,..idavit that 1 ?a0 not F<er0onall-
0ervedF to the e)tent that F<er0onall- 0ervedF mean0 or im<lie0 that 1 ?a0 there" that =achen 0a? me
or identi.ied me" or an- o. the other indicator0 o. 0omething" 0uch a0 a Com<laint" >eing F<er0onall-
0ervedF 0uch a0 1 under0tand the <hra0e to me. N!C/ %B>;B2;B,;Bi'iii;. (urther" a0 BaEer and 2ill
have 0o o.ten <ointed out" 1 cannot" according to them" receive an- attorne-C0 .ee a?ard .or a<<earing
a0 <ro 0e attorne-" a0 0uch" N!C/ %B>;B2;B,;Bi'iii;" 0hould a<<l- to me onl- a0 a <art-" and not a0 a
<art-C0 attorne-" and" there.ore" according to N!C/ %" Service: FB2; Service under thi0 rule i0 made
>-: B,; Delivering a co<- to the attorne- or the <art- >-: Bi; handing it to the attorne- or to the <art-9
Bii; leaving it at the attorne-L0 or <art-L0 o..ice ?ith a clerE or other <er0on in charge" or i. there i0 no
one in charge" leaving it in a con0<icuou0 <lace in the o..ice9 or Biii; i. the o..ice i0 clo0ed or the
<er0on to >e 0erved ha0 no o..ice" leaving it at the per"on/" '$ell!ng hou"e or u"ul plce o# (o'e
$!th "ome per"on o# "u!t(le ge n' '!"cret!on re"!'!ng there...F So" either it ?a0 m- o..ice" in
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?hich ca0e a No Cau0e Eviction Notice maEe0 im<ermi00i>le a Summar- Eviction /roceeding under
N!S 4+.2%3" and there.ore" the 3rder o. Summar- Eviction i0 void .or lacE o. Auri0diction" or" the
,..idavit o. Service ?a0 on m- home" and ?a0 not FhandedF to me" or F<er0onall- 0ervedF Bde0<ite
the ,..idavit atte0ting to having F<er0onall- 0ervedF me;" nor ?a0 the 3rder o. Summar- Eviction
0erved in accordance ?ith N!C/ %B>;B2;B,;Biii;" ?hich re@uire0: Fi. the o..ice i0 clo0ed or the <er0on
to >e 0erved ha0 no o..ice" leaving it at the per"on/" '$ell!ng hou"e or u"ul plce o# (o'e $!th
"ome per"on o# "u!t(le ge n' '!"cret!on re"!'!ng there..F
(urther" 1 >elieve <o0ting an 3rder on oneC0 re0idence door" <articularl- in the conte)t o. 0erving a No
Cau0e Notice o. Eviction or 5nla?.ul Detainer" i0 onl- valid i. the document >eing 0erved i0 al0o
<laced in the mail and 3 non Audicial da-0 are accorded .or 0ervice to >e com<lete. See N!C/ *Be;. 1
do not >elieve the- can <rove that at all" not even clo0e. N!C/ a<<lie0 to Summar- Eviction
,ction0" according to the .ollo?ing:
FN!S 4+.3$+ /rovi0ion0 governing a<<eal0. Either <art- ma-" ?ithin 1+ da-0" a<<eal .rom the
Audgment rendered. But an a<<eal >- the de.endant 0hall not 0ta- the e)ecution o. the Audgment"
unle00" ?ithin the 1+ da-0" the de.endant 0hall e)ecute and .ile ?ith the court or Au0tice the
de.endantL0 undertaEing to the <lainti.." ?ith t?o or more 0uretie0" in an amount to >e .i)ed >- the
court or Au0tice" >ut ?hich 0hall not >e le00 than t?ice the amount o. the Audgment and co0t0" to the
e..ect that" i. the Audgment a<<ealed .rom >e a..irmed or the a<<eal >e di0mi00ed" the a<<ellant ?ill
<a- the Audgment and the co0t o. a<<eal" the value o. the u0e and occu<ation o. the <ro<ert-" and
damage0 Au0tl- accruing to the <lainti.. during the <endenc- o. the a<<eal. 5<on taEing the a<<eal
and .iling the undertaEing" all .urther <roceeding0 in the ca0e 0hall >e 0ta-ed.J
,ctuall-" a lot o. <eo<le 0eemed con.u0ed regarding the I24 hour0J locEout thing. &he onl- a<<earance in either N!S
11$, or N!S 4+" in the <rovi0ion0 a<<lica>le to Summar- Eviction /roceeding0 o. an-thing related to I24 hour0J i0 in
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N!S 4+.2%3B%;" ?hich onl- 0<eaE0 to a 0ituation ?here the &enant doe0 not .ile a &enantC0 ,n0?er or &enantC0 ,..idavit"
?hich i0 clearl- ina<<lica>le here" a0 the &enant did .ile 0uch a 3<<o0ition to the No Cau0e Eviction Notice: I%. 5<on
noncom<liance ?ith the notice:
Ba; &he landlord or the landlordL0 agent ma- a<<l- >- a..idavit o. com<laint .or eviction to the Au0tice court o. the
to?n0hi< in ?hich the d?elling" a<artment" mo>ile home or commercial <remi0e0 are located or to the di0trict court o. the
count- in ?hich the d?elling" a<artment" mo>ile home or commercial <remi0e0 are located" ?hichever ha0 Auri0diction
over the matter. The court m. thereupon !""ue n or'er '!rect!ng the "her!## or con"t(le o# the count. to remo&e
the tennt $!th!n 01 hour" #ter rece!pt o# the or'er. &he a..idavit mu0t 0tate or contain...J
So" a>0ent 0ome 0tatutor- <rovi0ion allo?ing the 3rder o. Summar- Eviction to re0ult in a locEout >- the 8a0hoe
Count- Sheri..C0 3..ice <rior to the 3 da-0 .or mailing ?here <er0onal 0ervice o. the 3rder o. Summar- Eviction ?a0 not
e..ectuated" de0<ite ?hat 8CS3 em<lo-ee ma- have incorrectl- Bor .al0el-; a00erted in the 8CS3C0 4ohn =achemC0
,..idavit o. Service .rom" .ile 0tam<ed Novem>er 7" 2+11 Be0<eciall- ?here it i0 time0tam<ed 4:3+ <m" Novem>er 1"
2+11" e0<eciall- ?here the 3rder o. Summar- Eviction e)<licitl- read0 that no 0uch locEout 0hall occur <rior to %:++ <m
on Novem>er 1" 2+11;. See" N!C/ %B>;B2;B,;Bi'iii;" N!C/ *Be;.
Intere"t!ngl.% R!chr' )!ll 2no$" h!" c"e !" to"t un'er NRCP 34(54054A54!-!!!5% NRCP
64e5% !n ''!t!on to NRCP ++. Tht !" $h. !n R!chr' )!ll7" No&em(er 0+% 0,++ Mot!on #or
Or'er To Sho$ Cu"e% on pge 0% )!ll" re"ort" to l!terll. gr"p!ng t "tr$"% !mg!n!ng tht
$ht the 8"hoe Count. Sher!##7" O##!ce cu"tomr!l. 'oe" !" "omeho$ utomt!cll. co'!#!e'
!nto mn'tor. prece'ent (lc2 letter l$. To $!t% R!chr' )!ll $rote !n h!" Mot!on For Or'er
To Sho$ Cu"e tht- 9FACTS S)O8ING CONTEMPT OF COURT 6. E:)I;IT + $"
"er&e' on Coughl!n on No&em(er < 0,++ (. the 8"hoe Count. Sher!##" Deprtment% (.
po"t!ng "me on the #ront 'oor o# the propert. !n the mnner cu"tomr. #or e&!ct!on" !n
8"hoe Count.. The loc2" to the prem!"e" $ere chnge' t tht t!me% there(. e=ect!ng n'
'!"po""e""!ng Coughl!n o# po""e""!on o# the Propert..> Further% there!n R!chr' )!ll 'm!t"
tht the loc2out occurre' t 1-?, pm% " !n'!cte' !n $r!t!ng !n the 8CSO7" Mchem7"
A##!'&!t o# Ser&!ce% contr to the mn'te o# @u'ge S#errAA7" Or'er o# Summr. E&!ct!on
reBu!r!ng n. loc2out to occur after 3-,, pm% No&em(er +% 0,++.
NRS 1,.?*3 St. o# eCecut!on upon ppelD 'ut. o# tennt $ho ret!n" po""e""!on o#
prem!"e" to p. rent 'ur!ng "t.. Upon n ppel #rom n or'er entere' pur"unt to N!S
4+.2%3 -
+. ECcept " other$!"e pro&!'e' !n th!" "u("ect!on% "t. o# eCecut!on m. (e o(t!ne' (.
#!l!ng $!th the tr!l court (on' !n the mount o# E03, to co&er the eCpecte' co"t" on ppel. In
n ct!on concern!ng le"e o# commerc!l propert. or n. other propert. #or $h!ch the
monthl. rent eCcee'" E+%,,,% the court m.% upon !t" o$n mot!on or tht o# prt.% n' upon
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"ho$!ng o# goo' cu"e% or'er n ''!t!onl (on' to (e po"te' to co&er the eCpecte' co"t" on
ppel. A "uret. upon the (on' "u(m!t" to the =ur!"'!ct!on o# the ppellte court n'
!rre&oc(l. ppo!nt" the cler2 o# tht court " the "uret./" gent upon $hom pper" ##ect!ng
the "uret./" l!(!l!t. upon the (on' m. (e "er&e'. L!(!l!t. o# "uret. m. (e en#orce'% or the
(on' m. (e rele"e'% on mot!on !n the ppellte court $!thout !n'epen'ent ct!on.
2. , tenant ?ho retain0 <o00e00ion o. the <remi0e0 that are the 0u>Aect o. the a<<eal during the
<endenc- o. the a<<eal 0hall <a- to the landlord rent in the amount <rovided in the underl-ing
contract >et?een the tenant and the landlord a0 it >ecome0 due. 1. the tenant .ail0 to <a- 0uch rent" the
landlord ma- initiate ne? <roceeding0 .or a 0ummar- eviction >- 0erving the tenant ?ith a ne?
notice <ur0uant to N!S 4+.2%3.
N!S 4+.39+ ,<<ellate court not to di0mi00 or @ua0h <roceeding0 .or ?ant o. .orm. 1n all ca0e0
o. a<<eal under N!S 4+.22+ to 4+.42+" inclu0ive" the a<<ellate court 0hall not di0mi00 or @ua0h the
<roceeding0 .or ?ant o. .orm" <rovided the <roceeding0 have >een conducted 0u>0tantiall- according
to the <rovi0ion0 o. N!S 4+.22+ to 4+.42+" inclu0ive9 and amendment0 to the com<laint" an0?er or
0ummon0" in matter0 o. .orm onl-" ma- >e allo?ed >- the court at an- time >e.ore .inal Audgment
u<on 0uch term0 a0 ma- >e Au0t9 and all matter0 o. e)cu0e" Au0ti.ication or avoidance o. the allegation0
in the com<laint ma- >e given in evidence under the an0?er.
NRS 1,.1,, Rule" o# prct!ce. The pro&!"!on" o# NRS% Ne&' Rule" o# C!&!l Proce'ure
n' Ne&' Rule" o# Appellte Proce'ure relt!&e to c!&!l ct!on"% ppel" n' ne$ tr!l"% "o #r
" the. re not !ncon"!"tent $!th the pro&!"!on" o# N!S 4+.22+ to 4+.42+ % !nclu"!&e% ppl. to the
procee'!ng" ment!one' !n tho"e "ect!on".>
So" con0idering that N!S 4+.4++ re@uire0 that N!C/ a<<l- to Summar- Eviction /roceeding0 under
N!S 4+.2%3" then 0ervice" <roce00" and time calculation0 o. 0uch mu0t com<ort ?ith the dictate0 o.
N!C/ %'*: F !56E %. SE!#1CE ,ND (161N: 3( /6E,D1N:S ,ND 3&2E! /,/E!S
45 Ser&!ce- 8hen ReBu!re'. E)ce<t a0 other?i0e <rovided in the0e rule0" ever- order re@uired
>- it0 term0 to >e 0erved" ever- <leading 0u>0e@uent to the original com<laint unle00 the court
other?i0e order0 >ecau0e o. numerou0 de.endant0" ever- <a<er relating to di0cover- re@uired to >e
0erved u<on a <art- unle00 the court other?i0e order0" ever- ?ritten motion other than one ?hich ma-
>e heard e) <arte" and ever- ?ritten notice" a<<earance" demand" o..er o. Audgment" de0ignation o.
record on a<<eal" and 0imilar <a<er 0hall >e 0erved u<on each o. the <artie0. No 0ervice need >e made
on <artie0 in de.ault .or .ailure to a<<ear e)ce<t that <leading0 a00erting ne? or additional claim0 .or
relie. again0t them 0hall >e 0erved u<on them in the manner <rovided .or 0ervice o. 0ummon0 in !ule
4.
4(5 Sme- )o$ M'e.
B1; 8henever under the0e rule0 0ervice i0 re@uired or <ermitted to >e made u<on a <art-
re<re0ented >- an attorne-" the 0ervice 0hall >e made u<on the attorne- unle00 the court order0 that
0ervice >e made u<on the <art-.
B2; Service under thi0 rule i0 made >-:
B,; Delivering a co<- to the attorne- or the <art- >-:
Bi; handing it to the attorne- or to the <art-9
Bii; leaving it at the attorne-L0 or <art-L0 o..ice ?ith a clerE or other <er0on in
charge" or i. there i0 no one in charge" leaving it in a con0<icuou0 <lace in the o..ice9 or
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Biii; i. the o..ice i0 clo0ed or the <er0on to >e 0erved ha0 no o..ice" leaving it at the
<er0onL0 d?elling hou0e or u0ual <lace o. a>ode ?ith 0ome <er0on o. 0uita>le age and di0cretion
re0iding there.
4;5 M!l!ng cop. to the ttorne. or the prt. t h!" or her l"t 2no$n ''re"".
Ser&!ce (. m!l !" complete on m!l!ngD pro&!'e'% ho$e&er% mot!on% n"$er or other
'ocument con"t!tut!ng the !n!t!l ppernce o# prt. mu"t l"o% !# "er&e' (. m!l% (e #!le'
$!th!n the t!me llo$e' #or "er&!ceD n' pro&!'e' #urther% tht #ter "uch !n!t!l ppernce%
"er&!ce (. m!l (e m'e onl. (. m!l!ng #rom po!nt $!th!n the Stte o# Ne&'.
BC; 1. the attorne- or the <art- ha0 no Eno?n addre00" leaving a co<- ?ith the clerE o. the
court.
4D5 Del!&er!ng cop. (. electron!c men" !# the ttorne. or the prt. "er&e' h"
con"ente' to "er&!ce (. electron!c men". Ser&!ce (. electron!c men" !" complete on
trn"m!""!on pro&!'e'% ho$e&er% mot!on% n"$er or other 'ocument con"t!tut!ng the !n!t!l
ppernce o# prt. mu"t l"o% !# "er&e' (. electron!c men"% (e #!le' $!th!n the t!me llo$e'
#or "er&!ce. The "er&e' ttorne./" or prt./" con"ent to "er&!ce (. electron!c men" "hll (e
eCpre""l. "tte' n' #!le' !n $r!t!ng $!th the cler2 o# the court n' "er&e' on the other prt!e"
to the ct!on. The $r!tten con"ent "hll !'ent!#.-
4!5 the per"on" upon $hom "er&!ce mu"t (e m'eD
4!!5 the ppropr!te ''re"" or loct!on #or "uch "er&!ce% "uch " the
electron!c-m!l ''re"" or #c"!m!le num(erD
4!!!5 the #ormt to (e u"e' #or ttchment"D n'
4!&5 n. other l!m!t" on the "cope or 'urt!on o# the con"ent.
An ttorne./" or prt./" con"ent "hll rem!n e##ect!&e unt!l eCpre""l. re&o2e' or unt!l the
repre"entt!on o# prt. chnge" through entr.% $!th'r$l% or "u("t!tut!on o# coun"el. ,n
attorne- or <art- ?ho ha0 con0ented to 0ervice >- electronic mean0 0hall" ?ithin 1+ da-0 a.ter an-
change o. electronic'mail addre00 or .ac0imile num>er" 0erve and .ile notice o. the ne? electronic'
mail addre00 or .ac0imile num>er.
4?5 Ser&!ce (. electron!c men" un'er Rule 34(54054D5 !" not e##ect!&e !# the prt.
m2!ng "er&!ce lern" tht the ttempte' "er&!ce '!' not rech the per"on to (e "er&e'.
B4; /roo. o. 0ervice ma- >e made >- certi.icate o. an attorne- or o. the attorne-L0 em<lo-ee"
or >- ?ritten admi00ion" or >- a..idavit" or other <roo. 0ati0.actor- to the court. (ailure to maEe <roo.
o. 0ervice 0hall not a..ect the validit- o. 0ervice...
RULE 6. 9TIME
45 Computt!on. 1n com<uting an- <eriod o. time <re0cri>ed or allo?ed >- the0e rule0" >- the
local rule0 o. an- di0trict court" >- order o. court" or >- an- a<<lica>le 0tatute" the da- o. the act"
event" or de.ault .rom ?hich the de0ignated <eriod o. time >egin0 to run 0hall not >e included. &he
la0t da- o. the <eriod 0o com<uted 0hall >e included" unle00 it i0 a Saturda-" a Sunda-" or a
nonAudicial da-" in ?hich event the <eriod run0 until the end o. the ne)t da- ?hich i0 not a Saturda-"
a Sunda-" or a nonAudicial da-" or" ?hen the act to >e done i0 the .iling o. a <a<er in court" a da- on
?hich ?eather or other condition0 have made the o..ice o. the clerE o. the di0trict court inacce00i>le"
in ?hich event the <eriod run0 until the end o. the ne)t da- ?hich i0 not one o. the a.orementioned
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da-0. 8hen the <eriod o. time <re0cri>ed or allo?ed i0 le00 than 11 da-0" intermediate Saturda-0"
Sunda-0" and nonAudicial da-0 0hall >e e)cluded in the com<utation e)ce<t .or tho0e <roceeding0
.iled under &itle0 12 or 13 o. the Nevada !evi0ed Statute0...
4e5 A''!t!onl T!me A#ter Ser&!ce (. M!l or Electron!c Men". 8hene&er prt. h" the
r!ght or !" reBu!re' to 'o "ome ct or t2e "ome procee'!ng" $!th!n pre"cr!(e' per!o' #ter
the "er&!ce o# not!ce or other pper% other thn proce""% upon the prt. n' the not!ce or
pper !" "er&e' upon the prt. (. m!l or (. electron!c men"% ? '." "hll (e ''e' to the
pre"cr!(e' per!o'.
Su>divi0ion Ba; i0 revi0ed to e)tend the e)clu0ion o. intermediate Saturda-0" Sunda-0" and
nonAudicial da-0 to the com<utation o. time <eriod0 le00 than 11 da-0 con0i0tent ?ith the 19$%
amendment0 to the .ederal rule. ,dditionall-" the [[inacce00i>ilit- o. the courtLL <rovi0ion .ound in
0u>divi0ion Ba; o. the .ederal rule i0 added to !ule *Ba;. Su>divi0ion Ba; i0 .urther amended" >- adding
language re.erring to [[<roceeding0 .iled under &itle0 12 or 13 o. the Nevada !evi0ed Statute0"LL to
avoid an- change0 to current <rocedure0 in <ro>ate" guardian0hi< and tru0t <roceeding0....
Su>divi0ion Be; i0 amended to <rovide an additional 3 da-0 to act in re0<on0e to a <a<er that i0
0erved >- electronic mean0 under ne? <aragra<h B2;BD; added to !ule %B>;.F
N!S 4+.2%3 5nla?.ul detainer: Su<<lemental remed- o. 0ummar- eviction and e)clu0ion o. tenant
.or de.ault in <a-ment o. rent.
1. E)ce<t a0 other?i0e <rovided in 0u>0ection 1+" in addition to the remed- <rovided in N!S 4+.2%12 and
4+.29+ to 4+.42+" inclu0ive" ?hen the tennt o# n. '$ell!ng% prtment% mo(!le home% recret!onl
&eh!cle or commerc!l prem!"e" $!th per!o'!c rent re"er&e' (. the month or n. "horter per!o'
!" !n 'e#ult !n p.ment o# the rent" the landlord or the landlordL0 agent" unle00 other?i0e agreed in
?riting" ma- 0erve or have 0erved a notice in ?riting" re@uiring in the alternative the <a-ment o. the
rent or the 0urrender o. the <remi0e0...
4. 1. the tenant .ile0 0uch an a..idavit at or >e.ore the time 0tated in the notice" the landlord or
the landlordL0 agent" a.ter recei<t o. a .ile'0tam<ed co<- o. the a..idavit ?hich ?a0 .iled" 0hall not
<rovide .or the nonadmittance o. the tenant to the <remi0e0 >- locEing or other?i0e.
%. 5<on noncom<liance ?ith the notice:
Ba; &he landlord or the landlordL0 agent ma- a<<l- >- a..idavit o. com<laint .or eviction to the
Au0tice court o. the to?n0hi< in ?hich the d?elling" a<artment" mo>ile home or commercial <remi0e0
are located or to the di0trict court o. the count- in ?hich the d?elling" a<artment" mo>ile home or
commercial <remi0e0 are located" ?hichever ha0 Auri0diction over the matter. &he court ma-
thereu<on i00ue an order directing the 0heri.. or con0ta>le o. the count- to remove the tenant ?ithin
24 hour0 a.ter recei<t o. the order..
*. 5<on the .iling >- the tenant o. the a..idavit <ermitted in 0u>0ection 3" regardle00 o. the
in.ormation contained in the a..idavit" and the .iling >- the landlord o. the a..idavit <ermitted >-
0u>0ection %" the Au0tice court or the di0trict court 0hall hold a hearing" a.ter 0ervice o. notice o. the
hearing u<on the <artie0" to determine the truth.ulne00 and 0u..icienc- o. an- a..idavit or notice
<rovided .or in thi0 0ection. I# the court 'eterm!ne" tht there !" no legl 'e#en"e " to the llege'
unl$#ul 'et!ner n' the tennt !" gu!lt. o# n unl$#ul 'et!ner% the court m. !""ue
"ummr. or'er #or remo&l o# the tennt or n or'er pro&!'!ng #or the non'm!ttnce o# the
tennt. I# the court 'eterm!ne" tht there !" legl 'e#en"e " to the llege' unl$#ul 'et!ner%
the court "hll re#u"e to grnt e!ther prt. n. rel!e#% n'% eCcept " other$!"e pro&!'e' !n th!"
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"u("ect!on% "hll reBu!re tht n. #urther procee'!ng" (e con'ucte' pur"unt to N!S 4+.29+ to
4+.42+ % !nclu"!&e. The !""unce o# "ummr. or'er #or remo&l o# the tennt 'oe" not preclu'e
n ct!on (. the tennt #or n. 'mge" or other rel!e# to $h!ch the tennt m. (e ent!tle'....
7. &he tenant ma-" u<on <a-ment o. the a<<ro<riate .ee0 relating to the .iling and 0ervice o. a
motion" .ile a motion ?ith the court" on a .orm <rovided >- the clerE o. the court" to di0<ute the
amount o. the co0t0" i. an-" claimed >- the landlord <ur0uant to N!S 11$.2+7 or 11$,.4*+ .or the
inventor-" moving and 0torage o. <er0onal <ro<ert- le.t on the <remi0e0. &he motion mu0t >e .iled
?ithin 2+ da-0 a.ter the 0ummar- order .or removal o. the tenant or the a>andonment o. the <remi0e0
>- the tenant" or ?ithin 2+ da-0 a.ter:
Ba; &he tenant ha0 vacated or >een removed .rom the <remi0e09 and
B>; , co<- o. tho0e charge0 ha0 >een re@ue0ted >- or <rovided to the tenant"
Y ?hichever i0 later.
$. 5pon the #!l!ng o# mot!on pur"unt to "u("ect!on F% the court "hll "che'ule her!ng
on the mot!on. The her!ng mu"t (e hel' $!th!n +, '." #ter the #!l!ng o# the mot!on. The court
"hll ##!C the 'te o# the her!ng to the mot!on n' or'er cop. "er&e' upon the ln'lor' (.
the "her!##% con"t(le or other proce"" "er&er. At the her!ng% the court m.:
Ba; Determine the co0t0" i. an-" claimed >- the landlord <ur0uant to N!S 11$.2+7 or 11$,.4*+ and
an- accumulating dail- co0t09 and
B>; 3rder the relea0e o. the tenantL0 <ro<ert- u<on the <a-ment o. the charge0 determined to >e
due or i. no charge0 are determined to >e due.J
6andlord =erli00 .iled onl- a No Cau0e Notice o. Eviction in !E#2+11'++17+$ on Commercial
&enant Zach Coughlin" E0@.C0 la? o..ice. ,0 0uch" a Summar- Eviction /roceeding i0 im<ermi00i>le
given the re@uirement o. N!S 4+.2%3 that the Notice alleged non'<a-ment o. rent to allo? the
landlord to <roceed under the Summar- Eviction /roceeding 0ection" N!S 4+.2%3. (urther" 4udge
S.erraDDa ?a0 <recluded .rom ruling on an-thing other than <o00e00ion o. the <remi0e0 <ur0uant to
N!S 4+.2%3B*;" ,nvui" and :laDier. (urther" the tenanc- did not terminate under the 6ea0e
,greement" it ?0 rene?ed.
N!S 4+.2%4 5nla?.ul detainer: Su<<lemental remed- o. 0ummar- eviction and e)clu0ion o.
tenant .rom certain t-<e0 o. <ro<ert-. E)ce<t a0 other?i0e <rovided >- 0<eci.ic 0tatute" in addition to
the remed- <rovided in N!S 4+.2%1 and in N!S 4+.29+ to 4+.42+" inclu0ive" ?hen the tenant o. a
d?elling unit ?hich i0 0u>Aect to the <rovi0ion0 o. cha<ter 11$, o. N!S" <art o. a lo?'rent hou0ing
<rogram o<erated >- a <u>lic hou0ing authorit-" a mo>ile home or a recreational vehicle i0 guilt- o.
an unla?.ul detainer" the landlord i0 entitled to the 0ummar- <rocedure0 <rovided in N!S 4+.2%3
e)ce<t that:
1. 8ritten notice to 0urrender the <remi0e0 mu0t:...4e5 A "ttement tht the cl!m #or rel!e# $"
uthor!Ae' (. l$.
,0 0uch" the too earl- locEout >ring0 into <la- the .ollo?ing:
IN!S 11$,.39+ 5nla?.ul removal or e)clu0ion o. tenant or ?ill.ul interru<tion o. e00ential
0ervice09 <rocedure .or e)<edited relie..
1. 1. the landlord unl$#ull. remo&e" the tennt #rom the prem!"e" or eCclu'e" the tennt (.
(loc2!ng or ttempt!ng to (loc2 the tennt/" entr. upon the prem!"e" or $!ll#ull. !nterrupt" or
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cu"e" or perm!t" the !nterrupt!on o# n. e""ent!l "er&!ce reBu!re' (. the rentl greement or
th!" chpter% the tennt m. reco&er !mme'!te po""e""!on pur"unt to "u("ect!on 1% procee'
un'er NRS ++*A.?*, or term!nte the rentl greement n'% !n ''!t!on to n. other reme'.%
reco&er the tennt/" ctul 'mge"% rece!&e n mount not greter thn E+%,,, to (e #!Ce' (.
the court% or (oth.
2. 1n determining the amount" i. an-" to >e a?arded under 0u>0ection 1" the court 0hall con0ider:
Ba; 8hether the landlord acted in good .aith9
B>; &he cour0e o. conduct >et?een the landlord and the tenant9 and
Bc; &he degree o. harm to the tenant cau0ed >- the landlordL0 conduct.
3. 1. the rental agreement i0 terminated <ur0uant to 0u>0ection 1" the landlord 0hall return all
<re<aid rent and 0ecurit- recovera>le under thi0 cha<ter.
4. E)ce<t a0 other?i0e <rovided in 0u>0ection %" the tenant ma- recover immediate <o00e00ion o.
the <remi0e0 .rom the landlord >- .iling a veri.ied com<laint .or e)<edited relie. .or the unla?.ul
removal or e)clu0ion o. the tenant .rom the <remi0e0 or the ?ill.ul interru<tion o. e00ential 0ervice0.
%. , veri.ied com<laint .or e)<edited relie.:
Ba; =u0t >e .iled ?ith the court ?ithin % Audicial da-0 a.ter the date o. the unla?.ul act >- the
landlord" and the veri.ied com<laint mu0t >e di0mi00ed i. it i0 not timel- .iled. 1. the veri.ied
com<laint .or e)<edited relie. i0 di0mi00ed <ur0uant to thi0 <aragra<h" the tenant retain0 the right to
<ur0ue all other availa>le remedie0 again0t the landlord.
B>; =a- not >e .iled ?ith the court i. an action .or 0ummar- eviction or unla?.ul detainer i0
alread- <ending >et?een the landlord and tenant" >ut the tenant ma- 0eeE 0imilar relie. >e.ore the
Audge <re0iding over the <ending action.
*. &he court 0hall conduct a hearing on the veri.ied com<laint .or e)<edited relie. ?ithin 3
Audicial da-0 a.ter the .iling o. the veri.ied com<laint .or e)<edited relie.. Be.ore or at the 0cheduled
hearing" the tenant mu0t <rovide <roo. that the landlord ha0 >een <ro<erl- 0erved ?ith a co<- o. the
veri.ied com<laint .or e)<edited relie.. 5<on the hearing" i. it i0 determined that the landlord ha0
violated an- o. the <rovi0ion0 o. 0u>0ection 1" the court ma-:
Ba; 3rder the landlord to re0tore to the tenant the <remi0e0 or e00ential 0ervice0" or >oth9
B>; ,?ard damage0 <ur0uant to 0u>0ection 19 and
Bc; EnAoin the landlord .rom violating the <rovi0ion0 o. 0u>0ection 1 and" i. the circum0tance0 0o
?arrant" hold the landlord in contem<t o. court.
7. &he <a-ment o. all co0t0 and o..icial .ee0 mu0t >e de.erred .or an- tenant ?ho .ile0 a veri.ied
com<laint .or e)<edited relie.. ,.ter an- hearing and not later than .inal di0<o0ition o. the .iling or
order" the court 0hall a00e00 the co0t0 and .ee0 again0t the <art- that doe0 not <revail" e)ce<t that the
court ma- reduce them or ?aive them" a0 Au0tice ma- re@uire.J
IN!S 11$,.+9+ IE)cludeJ de.ined. IE)cludeJ mean0 to evict or to <rohi>it entr- >- locEing door0 or >- other?i0e
>locEing or attem<ting to >locE entr-" or to maEe a d?elling unit uninha>ita>le >- interru<ting or cau0ing the interru<tion
o. electric" ga0" ?ater or other e00ential 0ervice0.J
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,66 /,/E!S ,ND /6E,D1N:S ,ND C3!!ES/3NDENCS /!E#135S67 S5B=1&&ED &3 &2E !EN3
45S&1CE C35!& ,ND 3! 1&S E=/637EES 1S 2E!EB7 1NC3!/3!,&ED B7 !E(E!ENCE 1N&3 &21S
(161N:.
N!S 11$,.19+: I Notice: De.inition9 0ervice.
1. , <er0on ha0 notice o. a .act i.:
Ba; &he <er0on ha0 actual Eno?ledge o. it9
B>; &he <er0on ha0 received a notice or noti.ication o. it9 or
Bc; (rom all the .act0 and circum0tance0 the <er0on rea0ona>l- 0hould Eno? that it e)i0t0.
0. 8r!tten not!ce" to the tennt pre"cr!(e' (. th!" chpter "hll (e "er&e' !n the mnner pro&!'e' (. NRS
1,.0*,.
3. 8ritten notice0 to the landlord <re0cri>ed >- thi0 cha<ter ma- >e delivered or mailed to the <lace o. >u0ine00 o. the
landlord de0ignated in the rental agreement or to an- <lace held out >- the landlord a0 the <lace .or the recei<t o. rental
<a-ment0 .rom the tenant and are e..ective .rom the date o. deliver- or mailing.J
INRS 1,.0*, Service o. notice0 to @uit9 <roo. re@uired >e.ore i00uance o. order to remove.
1. E)ce<t a0 other?i0e <rovided in N!S 4+.2%3" the notice0 re@uired >- N!S 4+.2%1 to 4+.2*+" inclu0ive" ma- >e
0erved:
Ba; B- delivering a co<- to the tenant <er0onall-" in the <re0ence o. a ?itne009
B>; 1. the tenant i0 a>0ent .rom the tenantL0 <lace o. re0idence or .rom the tenantL0 u0ual <lace o. >u0ine00" >- leaving
a co<- ?ith a <er0on o. 0uita>le age and di0cretion at either <lace and mailing a co<- to the tenant at the tenantL0 <lace o.
re0idence or <lace o. >u0ine009 or
Bc; 1. the <lace o. re0idence or >u0ine00 cannot >e a0certained" or a <er0on o. 0uita>le age or di0cretion cannot >e
.ound there" >- <o0ting a co<- in a con0<icuou0 <lace on the lea0ed <ro<ert-" delivering a co<- to a <er0on there re0iding"
i. the <er0on can >e .ound" and mailing a co<- to the tenant at the <lace ?here the lea0ed <ro<ert- i0 0ituated.J
1 did not receive an- o. the email0 allegedl- 0ent to m- .rom !ichard 2illC0 email addre00" rhillWrichardhilla?.com
>et?een ,ugu0t 1$th" 2+11 to Novem>er 17th" 2+11" and certainl- none .rom rhillWrichardhilla?.com during the <eriod
>et?een the illegal locEout at 4:3+ <m Novem>er 1" 2+11 and the tre0<a00 arre0t o. Novem>er 13th" 2+11 ?hich allegedl-
0<oEe to m- >eing <rovided acce00 to the <ro<ert- .or the <ur<o0e o. m- removing m- >elonging0" de0<ite m- numerou0
call0 and ?ritten re@ue0t0" ?hich outlined the e)igencie0 inherent to m- >eing <recluded acce00 to m- client .ile0 incident
to an unla?.ul and im<ro<erl- notice and too earl- occurring locEout >- the 8CS3. 1 and m- >u0ine00 have >een
damaged greatl- >- the0e act0. (urther" 1 had re<eatedl- 0ent >oth BaEer and 2ill notice" in ?riting" that 1 did not con0ent
to 0ervice or notice o. an-thing via electronic mean0. (urther N!S 11$,.19+ doe0 not 0<eaE to Inotice o.J a legal
.inding" >ut rather to Inotice o. a .actJ. ,0 0uch" 1 ?a0 not a<<ro<riatel- 0erved notice o. the 3rder o. Summar- Eviction"
and an illegal locEout occurred" a0 0uch no criminal tre0<a00 charge can 0tand.
IN!S 11$,.2*+ Di0clo0ure o. name0 and addre00e0 o. manager0 and o?ner09 emergenc- tele<hone num>er9 0ervice o.
<roce00.
1. &he landlord" or an- <er0on authoriDed to enter into a rental agreement on hi0 or her >ehal." 0hall di0clo0e to the
tenant in ?riting at or >e.ore the commencement o. the tenanc-:
Ba; &he name and addre00 o.:
B1; &he <er0on0 authoriDed to manage the <remi0e09
B2; , <er0on ?ithin thi0 State authoriDed to act .or and on >ehal. o. the landlord .or the <ur<o0e o. 0ervice o.
<roce00 and receiving notice0 and demand09 and
B3; &he <rinci<al or cor<orate o?ner.
B>; , tele<hone num>er at ?hich a re0<on0i>le <er0on ?ho re0ide0 in the count- or ?ithin *+ mile0 o. ?here the
<remi0e0 are located ma- >e called in ca0e o. emergenc-.
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2. &he in.ormation re@uired to >e .urni0hed >- thi0 0ection mu0t >e Ee<t current" and thi0 0ection i0 en.orcea>le
again0t an- 0ucce00or landlord or manager o. the <remi0e0.
3. , <art- ?ho enter0 into a rental agreement on >ehal. o. the landlord and .ail0 to com<l- ?ith thi0 0ection i0 an
agent o. the landlord .or <ur<o0e0 o.:
Ba; Service o. <roce00 and receiving notice0 and demand09 and
B>; /er.orming the o>ligation0 o. the landlord under la? and under the rental agreement.
4. 1n an- action again0t a landlord ?hich involve0 hi0 or her rental <ro<ert-" 0ervice o. <roce00 u<on the manager o.
the <ro<ert- or a <er0on de0cri>ed in <aragra<h Ba; o. 0u>0ection 1 0hall >e deemed to >e 0ervice u<on the landlord. &he
o>ligation0 o. the landlord devolve u<on the <er0on0 authoriDed to enter into a rental agreement on hi0 or her >ehal..
%. &hi0 0ection doe0 not limit or remove the lia>ilit- o. an undi0clo0ed landlord.J
N!S 4+.31+ 100ue o. .act to >e tried >- Aur- i. <ro<er demand made. 8henever an i00ue o. .act i0 <re0ented >- the
<leading0" it 0hall >e tried >- a Aur-" i. <ro<er demand i0 made <ur0uant to the Nevada !ule0 o. Civil /rocedure or the
4u0tice Court !ule0 o. Civil /rocedure
,ctuall-" a lot o. <eo<le 0eemed con.u0ed regarding the I24 hour0J locEout thing. &he onl- a<<earance in either N!S
11$, or N!S 4+" in the <rovi0ion0 a<<lica>le to Summar- Eviction /roceeding0 o. an-thing related to I24 hour0J i0 in
N!S 4+.2%3B%;" ?hich onl- 0<eaE0 to a 0ituation ?here the &enant doe0 not .ile a &enantC0 ,n0?er or &enantC0 ,..idavit"
?hich i0 clearl- ina<<lica>le here" a0 the &enant did .ile 0uch a 3<<o0ition to the No Cau0e Eviction Notice: I%. 5<on
noncom<liance ?ith the notice:
Ba; &he landlord or the landlordL0 agent ma- a<<l- >- a..idavit o. com<laint .or eviction to the Au0tice court o. the
to?n0hi< in ?hich the d?elling" a<artment" mo>ile home or commercial <remi0e0 are located or to the di0trict court o. the
count- in ?hich the d?elling" a<artment" mo>ile home or commercial <remi0e0 are located" ?hichever ha0 Auri0diction
over the matter. The court m. thereupon !""ue n or'er '!rect!ng the "her!## or con"t(le o# the count. to remo&e
the tennt $!th!n 01 hour" #ter rece!pt o# the or'er. &he a..idavit mu0t 0tate or contain...J
So% ("ent "ome "ttutor. pro&!"!on llo$!ng the Or'er o# Summr. E&!ct!on to re"ult !n
loc2out (. the 8"hoe Count. Sher!##7" O##!ce pr!or to the ? '." #or m!l!ng $here per"onl
"er&!ce o# the Or'er o# Summr. E&!ct!on $" not e##ectute'% 'e"p!te $ht 8CSO emplo.ee
m. h&e !ncorrectl. 4or #l"el.5 ""erte' !n the 8CSO7" @ohn Mchem7" A##!'&!t o# Ser&!ce
#rom% #!le "tmpe' No&em(er F% 0,++. Attche' " ECh!(!t +. E)hi>it 1: $" not e##ectute'%
'e"p!te $ht 8CSO emplo.ee m. h&e !ncorrectl. 4or #l"el.5 ""erte' !n the 8CSO7" @ohn
Mchem7" A##!'&!t o# Ser&!ce #rom% #!le "tmpe' No&em(er F% 0,++ long $!th $r!tten
'm!""!on #rom 8CSO C!&!l Ser&!ce D!&!"!on Super&!"or L!A Stuchell tht Mchem onl. po"te'
the Or'er o# Summr. E&!ct!on on the 'oor o# the #ormer home l$ o##!ce% rther thn
<per"onll. "er&e'< !t n' R!chr' )!ll E"B7" o$n Proo# o# Ser&!ce o# Not!ce o# Entr. o# the
Or'er #or Summr. E&!ct!on "ho$!ng m!le' on 'te o# No&em(er +% 0,++ 4n' the R@C
ne&er m!le' cop. o# tht OR'er ccor'!ng the to Recor' on Appel !n CG++-,?60*5- three
4?5 pge".
AFFIRMATION PURSUANT TO NRS 0?H;.,?,
&he under0igned doe0 here>- a..irm that the <receding document doe0 not contain the 0ocial
0ecurit- num>er o. an- <er0on.
Dated at !eno" Nevada" thi0 3rd da- o. =arch" 2+12"
' 33 '
NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01350
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6,8 3((1CES 3( Zachar- BarEer Coughlin
Co'coun0el .or the De.endant
B-:OOOOOOOOOOOOOOOOOOOOOO
Zach Coughlin" E0@.
Nevada Bar No: 9473
' 34 '
NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01351
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PROOF OF SERGICE
/ur0uant to N!C/ %B>;" 1 certi.- that 1 0erved a co<- o. the .oregoing document u<on the
.ollo?ing <art- >- .a)ing" emailing" dro<<ing o.. at their o..ice" and <lacing a true and correct co<-
o. the .oregoing document in the u0 mail addre00ed to:
4ill DraEe" E0@.
!eno Cit- ,ttorne-C0 3..ice ' Criminal Divi0on
/.3. Bo) 19++
!eno " N# $9%+%
/hone Num>er: 77%'334'2+%+ (a) num>er: 77%'334'242+
DraEe4Wreno.gov
,ttorne- .or Cit- o. !eno
Xeith 6lo-d 6oomi0" E0@.
94*$ Dou>le ! Blvd. Suite ,
!eno" N# $9%21
/hone Num>er: 77%'$%3'7222 (a) num>er: 77%'$%3'+$*+
Eeithloomi0WearthlinE.net
!=C (iling 3..ice (a) =achine: (a): B77%; 334'3$24
Date thi0 =arch 3" 2+12:
NSN Zach Coughlin
Zach Coughlin" De.endant
Co'Coun0el .or De.endant
' 3% '
NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01352
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INDE: TO E:)I;ITS
1. E)hi>it 1: $" not e##ectute'% 'e"p!te $ht 8CSO emplo.ee m. h&e !ncorrectl. 4or
#l"el.5 ""erte' !n the 8CSO7" @ohn Mchem7" A##!'&!t o# Ser&!ce #rom% #!le "tmpe'
No&em(er F% 0,++ long $!th $r!tten 'm!""!on #rom 8CSO C!&!l Ser&!ce D!&!"!on Super&!"or
L!A Stuchell tht Mchem onl. po"te' the Or'er o# Summr. E&!ct!on on the 'oor o# the
#ormer home l$ o##!ce% rther thn <per"onll. "er&e'< !t n' R!chr' )!ll E"B7" o$n Proo# o#
Ser&!ce o# Not!ce o# Entr. o# the Or'er #or Summr. E&!ct!on "ho$!ng m!le' on 'te o#
No&em(er +% 0,++ 4n' the R@C ne&er m!le' cop. o# tht OR'er ccor'!ng the to Recor' on
Appel !n CG++-,?60*5- three 4?5 pge".
' 3* '
NOTICE OF APPEARANCE AS CO-COUNSEL AND MOTION TO DISMISS
01353
To :
tram: zacncougn!lO
_0

EXHIBIT 1
EXHIBIT 1
01354
01354
LAWOl'!'iCI!
IUCAAItO G. "IU

1 CERTIFICATE OF SERVICE
2 Pursuantto NRCP 5(b), I hereby certify that 1 am an employee of Rl CHARD G.
~ W
3 HILL, CHARTERED, and that on the ~ day of eeteQ9t., 2011, I deposited in the
4 appropriate place for pick-u p and hand-delivery by Reno-Carson Messenger Service, a true
5 and correct copy of the foregoing Notice of Entry of Order and a true and correct copy
6 of the Findings of Fact
7
Conclusions of Law, and Order for Summary Eviction,
7 file-stamped October 27.2011, addressed to:
S
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Zach Coughlin, Esq.
121 River Rock Street
Reno, Nevada 89501
~ ~ a ~ = a ~ ~ ~ 28
(775) 341-01U
F ... (77S) 348-08511
01355
01355
To: rrom: zacncouqnlln
Pri',1t http://byI4Rw.bayl...-.mail.l ive.conl/maillPJ"intM clIlIagclI.a"px?cpi d!;=9'
... ' .
RE: WCSO Deputy Machem's "personally served" Affidavit of 11/1/2011
"om: Stuck"n, li2 (LStuch.lI@wash""county. us)
Sent: Tue 2/07/12 11:40 AM
To: Zd,CQughlin@hot",ail.colT1
Cc: Mi!!ry (mk5nduras@da.wt)$hoecounty.u!.)
Mr. Coughlin,
O !'" r ecords indlc::.Jte th2t the ev:cthm Qh that dOi'f W3S pef$I#I&U"" 5erYed by Peputl M3Chetl bv posting 3 copy of the Order 'fa the rt;'Sidet'tCe-. Theo Utlot"'.l:UI'lied 3t

U:: Stuchell,
01356
01356
To: 1699ac9c-69bl-4598-88f6-]Odd36e Hom: zacncougn!ln
" .. '" .

F\LEO
\1 NOV - 7 AM 10: 52
IN THE RENO JUSTICE COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF .;.
MilltMcrll ..
PLAINTIFF
Va
Za<:hary Barker COIIghlin
DEFENDANT
STATE OF NEVADA
COUNTY OF WASHOE
I.:
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}
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R
Civil File Number: I 3461 Ot-PUn"' -
CASE No. REV2011001708
AFFIDAVIT OF SERVICE
Joha Macbea, bein. fint duly sworn, deposes and says: TIlat affiant is a citizen of the United States, over
I g years of age, not a party to the within entered action, and that in the County of Wa.hoe, State of Newda, personally
sez-vcd the deecribed documents upon:
Posted: Zachary Barlc:er Couahlin
Location: 121 Rivc:rR.ock Street Reno, NV 89$01
Date: 1111/2011 Time: 4:30PM
The document(s) served were: EVICTION ORDER.: FINDINGS OF FACT, CONCLVSIONS OF LAW AND
ORDER FOR SUMMAR.Y EVICTION; ORDER REQUIR.JNG INSPECTION OF REAL PROPERTY
Rithard G Hill Esq
POBox 2551
6S2 Forest Street
Reno. NV 89S05
SUBSCRIBED AND SWORN to me bcforc me this
;> ,A.;t
. ) day
.... .... ... LSjLVA .. .... i
F.::" t NOlary Public:. State 01 Nev;da !
\, , I Ajlpollllmtllt A.corded In County i

MICHAEL HALEY, SHERIFF
911 PARR BOULEVARD
RENO. NV 89511-1000 (77S) 3283310
01357
01357
. __ . .,,..,..,............ .. -..... ,,,,,,,-... ---,,,,,,...
...... ... . .. ->:. -.. "' . ' ........,-...."""""Jo"'"." _ , . A_",,. .. ..
1
j

J
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To: Froa: ZBchcough11D 2-16-12 8:10alD p. 1 of 35
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Document Code:
Zach Coughlin,Esq.
Nevada Bar No: 9473
1422 E. 9th St., #2
tel: 775 229 6737
fax: 9496677402
Reno, NV 89512
MI 9: 53
Co-counsel for Defendant Coughlin
IN THE JUSTICE COURT OF RENO TOWNSHIP
IN AND FOR TIlE COUNTY OF WASHOE, STATE OF NEVADA
9 STATE OF NEVADA; )
)
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Plaintiff. ) Case No: 11 CR 26405
)
12 VS.
) Dept No: Judge Gardner
)
) 13 ZACHARY COUGHLIN;
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Defendant. )
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Notice of Anpeal. Motion to Vacate and or Set Aside. JCRCP 59. JCRCP 60. Motton for
Reconsideration; Motion for Recusal: Motion For Publication Qf Transcript at Pu hUc Expense.
Petition for In Fonna Pauperis Statu.
POINTS AND AUTHORITIES
FACTS
Bobby Puentes threw me under the bus. rather than reveal the fact that he had a conflict. He whined
about how the case was "hard" rather than do some lawyering. The man doesn't know how to bum a
cd. He attempted to shift the job of burning a cd for discovery onto me. yet he is the one taking home
the money to do the job. Jill Drake talked in court about how Puentes is beloved by all throughout
the RJC, especially the prosecutors for the Reno City Attorney, as he is just a teddy bear to
- 1 -
Notice of Appeal. Motion to Vucote gnd Of Set Aside. ,(CRer 59. ,JeRep 60. l\(otion for
Motion for Recusnl; Motion For Publication Of Transcript at Public Expense,
Petition for In Fonn@ Pa,'" cia ....... true Ind comet COfII of ttl. oriaNI-
01 the Reno Court, R.no. WutIce
t:::' and lhelN c\ettc of the CcMIrt Ie 1M cuetcJ II;; <tI,"

By DePUIY Clerk of the CoI.It
01358
01358
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<rosecutors liBe DraBe D?ho reminded the undersigned that she ?as the # <la>er on the )eno /igh
9irls .ennis .eam in high school a&ter the /earing on 3e=ruar> !, !(!;...Being a tedd> =ear is &ine,
- guess, =ut not e'actl> the &irst thing - looB &or in de&ense counsel. Eoral o& the stor>, donAt thro?
client under the =us instead o& disclosing im<ermissi=le con&lict that >our con&lict checBs should have
revealed <rior to entering the sanctit> o& the attorne> client relationshi<, something that should =e
sacred, not Cust something 5uentes enteres to get a <a>checB and dum<s once it =ecomes
inconvenient.
De&endantF6<<ellant, Zach Coughlin, here=> &iles this Notice o& 6<<eal, Eotion to *acate and
or "et 6side, 0C)C5 $9, 0C)C5 %(, Eotion &or )econsideration8 Eotion &or )ecusal8 Eotion 3or
5u=lication 2& .ranscri<t at 5u=lic E'<ense, 5etition &or -n 3orma 5au<eris "tatus.
3urther no one has e'<lained .aitels m>sterious a=ilit> to 4ithdra? as Counsel ?ithout
com<l>ing ?ith )EC )ule $ or e'<laining ?h> he ?ithdre?. Not sure there is an 2rder allo?ing
.aitelAs ?ithdra?. 5uentes Eotion to 4ithdra argued:
@.he instant matter ?as set &or trial on 0anuar> (, !(!, /o?ever, a de&ense
motion to continue ?as &iled on 0anuar> 3,!(!, not o<<osed, and granted. 6 ne?
trial date is <ending. 1nder "u<reme Court )ule 4%, the attorne> in an action ma>
=e changed at an> time =e&ore Cudgment u<on the consent o& the attorne>,
a<<roved => the client, or u<on order o& the court or Cudge thereo& on the
a<<lication o& the attorne> or client. "C) 4%. 3urther, under N)5C , %D=;, a
la?>er ma> ?ithdra? &rom re<resenting a client i& the same can =e accom<lished
?ithout material adverse e&&ect on the interests o& the client8 a client insists u<on
taBing action the la?>er considers re<ugnant, or ?ith ?hich the la?>er has
&undamental disagreement8 the re<resentation has =een rendered unreasona=l>
di&&icult => the client8 or other good cause &or ?ithdra?al e'ists. "ee N)5C ,
%D=;D;, D4;, D%;, D7;. .he undersigned regret&ull> maBes this motion as continued
re<resentation o& the de&endant in this matter has =een rendered unreasona=l>
di&&icult and the de&endant ?ill =e =etter served => having an alternative legal
de&ender a<<ointed to re<resent him.@
6ctuall> 5uentes does not state ?ith su&&icient <articularit> ?h> or ho? his ?ithdra? @can
=e accom<lished ?ithout material adverse e&&ect on the interests o& the client@. -ndeed, having his
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Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
01359
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<rivate and con&idential case &ile <assed around liBe a hot <otato => )EC @&ormer <rosecutor@
de&enders is not in clientAs =est interest. 5uentes is required to detail Cust ho? @the re<resentation
has =een rendered unreasona=l> di&&icult => the client@ and this rule is su=Cect to a good &aith
requirement. .hat is, la?>ers canAt invoBe it to get out o& di&&icult or com<le' cases or to insure
the> onl> receive eas> cases. Can some=od> e'<lain to me ?h> DicB /ill going on vacation is a
su&&icient Custi&ication &or continuing a criminal trial, =ut m> =eing evicted and ?rong&ull> arrested
Ddue to DicB /illAs alleged =ri=er> o& the )5D and the )5DAs ?rong&ull arrest o& me, etc., and DicB
/illAs a<<l>ing a ?rong&ul and outla?ed rent distraint u<on =oth m> clientAs &iles and e'cul<ator>
evidence in C) !!7%; does not <resent a valid =asis &or a continuanceG 6nd - told .aitle -
?anted an o<<osition &iled to the motion &or continuance, >et it ?as not. "ee attached E'hi=it &or
su<<ort &or the contention that 5uentes ?ithdra? here is ina<<ro<riate as has =een most o& his
actions in this matter.
52-N." 6ND 61./2)-.-E"
6N6:7"-"
-NC2)52)6.E B7 )E3E)ENCE 6:: :64 6ND 6""E).-2N" -N 6..6C/ED
565E)" 6ND 5:E6D-N9" 6ND 4)-.-N9" -N EH/-B-. :
)econsideration 4DC) !D9;, DC) 3...
)1:E $9. NE4 .)-6:"8 6EENDEEN. 23 01D9EEN."
'a( )rounds* 6 ne? trial ma> =e granted to all or an> o& the <arties and on all or <art o& the issues &or an> o& the
&ollo?ing causes or grounds materiall> a&&ecting the su=stantial rights o& an aggrieved <art>: D; -rregularit> in the
<roceedings o& the court, Cur>, master, or adverse <art>, or an> order o& the court, or master, or a=use o& discretion =>
?hich either <art> ?as <revented &rom having a &air trial8 D!; Eisconduct o& the Cur> or <revailing <art>8 D3; 6ccident or
sur<rise ?hich ordinar> <rudence could not have guarded against8 D4; Ne?l> discovered evidence material &or the <art>
maBing the motion ?hich the <art> could not, ?ith reasona=le diligence, have discovered and <roduced at the trial8 D$;
Eani&est disregard => the Cur> o& the instructions o& the court8 D%; E'cessive damages a<<earing to have =een given under
the in&luence o& <assion or <reCudice8 or, D7; Error in la? occurring at the trial and o=Cected to => the <art> maBing the
motion. 2n a motion &or a ne? trial in an action tried ?ithout a Cur>, the court ma> o<en the Cudgment i& one has =een
entered, taBe additional testimon>, amend &indings o& &act and conclusions o& la? or maBe ne? &indings and conclusions,
and direct the entr> o& a ne? Cudgment.
'( "i&e for Motion* 6 motion &or a ne? trial shall =e &iled no later than ( da>s a&ter service o& ?ritten notice o& the
entr> o& the Cudgment.
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Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
01360
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'c( "i&e for Ser+in, Affida+its* 4hen a motion &or ne? trial is =ased u<on a&&idavits the> shall =e &iled ?ith the motion.
.he o<<osing <art> has ( da>s a&ter service ?ithin ?hich to &ile o<<osing a&&idavits, ?hich <eriod ma> =e e'tended &or
an additional <eriod not e'ceeding !( da>s either => the court &or good cause sho?n or => the <arties => ?ritten
sti<ulation. .he court ma> <ermit re<l> a&&idavits.
'd( !n Court-s %nitiati+e; Notice; Specif.in, )rounds* No later than ( da>s a&ter entr> o& Cudgment the court, on its
o?n, ma> order a ne? trial &or an> reason that ?ould Custi&> granting one on a <art>Is motion. 6&ter giving the <arties
notice and an o<<ortunit> to =e heard, the court ma> grant a timel> motion &or a ne? trial &or a reason not stated in the
motion. 4hen granting a ne? trial on its o?n initiative or &or a reason not stated in a motion, the court shall s<eci&> the
grounds in its order.
'e( Motion to Alter or A&end a Jud,&ent* 6 motion to alter or amend the Cudgment shall =e &iled no later than ( da>s
a&ter service o& ?ritten notice o& entr> o& the Cudgment.
.he 2rder allo?ing 5uentes ?ithdr?as &its under @ -rregularit> in the <roceedings o& the court, Cur>, master, or
adverse <art>, or an> order o& the court, or master, or a=use o& discretion => ?hich either <art> ?as <revented &rom having
a &air trial@ as 5uentes ?as at least ommitting Be> in&ormation to the court, i& not misleading it as to his rationale &or
?ithdra?ing. 5lus 0udge 9ardnerAs 2rder, res<ect&ull> contains @Error in la? occurring at the trial and o=Cected to => the
<art> maBing the motion. 2n a motion &or a ne? trial in an action tried ?ithout a Cur>, the court ma> o<en the Cudgment i&
one has =een entered, taBe additional testimon>, amend &indings o& &act and conclusions o& la? or maBe ne? &indings and
conclusions, and direct the entr> o& a ne? Cudgment.@ .he la? sim<l> does not allo? &or such an unsu<<orted => &acts or
s<eci&ics Eotion to 4ithdra? to =e granted.
)1:E %(. )E:-E3 3)2E 01D9EEN. 2) 2)DE)
'a( Clerical Mista/es* Clerical mistaBes in Cudgments, orders or other <arts o& the record and errors therein arising &rom
oversight or omission ma> =e corrected => the court at an> time o& its o?n initiative or on the motion o& an> <art> and
a&ter such notice, i& an>, as the court orders. During the <endenc> o& an a<<eal, such mistaBes ma> =e so corrected =e&ore
the a<<eal is docBeted in the a<<ellate court, and therea&ter ?hile the a<<eal is <ending ma> =e so corrected ?ith leave o&
the a<<ellate court.
'( Mista/es; %nad+ertence; #$cusale Ne,lect; Ne0l. 1isco+ered #+idence; Fraud, #tc* 2n motion and u<on such
terms as are Cust, the court ma> relieve a <art> or <art>Is legal re<resentative &rom a &inal Cudgment, order, or <roceeding
&or the &ollo?ing reasons: D; mistaBe, inadvertence, sur<rise, or e'cusa=le neglect8 D!; ne?l> discovered evidence ?hich
=> due diligence could not have =een discovered in time to move &or a ne? trial under )ule $9D=;8 D3; &raud D?hether
hereto&ore denominated intrinsic or e'trinsic;, misre<resentation or other misconduct o& an adverse <art>8 D4; the
Cudgment is void8 or, D$; the Cudgment has =een satis&ied, released, or discharged, or a <rior Cudgment u<on ?hich it is
=ased has =een reversed or other?ise vacated, or it is no longer equita=le that an inCunction should have <ros<ective
a<<lication. .he motion shall =e made ?ithin a reasona=le time, and &or reasons D;, D!;, and D3; not more than % months
a&ter the <roceeding ?as taBen or the date that ?ritten notice o& entr> o& the Cudgment or order ?as served. 6 motion
under this su=division D=; does not a&&ect the &inalit> o& a Cudgment or sus<end its o<eration. .his rule does not limit the
<o?er o& a court to entertain an inde<endent action to relieve a <art> &rom a Cudgment, order, or <roceeding, or to set
aside a Cudgment &or &raud u<on the court. 4rits o& coram no=is, coram vo=is, audita querela, and =ills o& revie? and =ills
in the nature o& a =ill o& revie?, are a=olished, and the <rocedure &or o=taining an> relie& &rom a Cudgment shall =e =>
motion as <rescri=ed in these rules or => an inde<endent action.
.he 2rder or 0udgment is void as it e'tends to matters &or ?hich the Court cannot rule, ie, an 2rder allo?ing
?ithdra? ?here not good &aith =asis &or requesting a ?ithdra?al e'ists.
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Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
01361
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<rosecutorial misconduct Dsuch as the D.6. ?ithholding @e'cul<ator>@ evidence that couldIve hel<ed >our de&ense;
Cudicial errors Dsuch as the Cudge <ermitting evidence that shouldIve =een e'cluded or vice versa;
erroneous a<<lication o& a la? or regulation im<ro<er Cur> instructions
ine&&ective assistance o& counsel or other mal<ractice the evidence did not <rove >our guilt =e>ond a reasona=le dou=t
36-:1)E .2 6332)D "-H./ 6EENDEEN. )-9/. .2 C21N"E: 2) 9)6N. DEE6ND 32) 01)7 .)-6:8
another DEE6ND 32) 01)7 .)-6: /E)EB7 E6DE -N E*EN. 23 NE4 .)-6:, "-E-:6):7 )EJ1E". 32)
-N 32)E6 5615E)-" ".6.1" /E)EB7 E6DE 6ND "1552).ED B7 6..6C/ED -35 5E.-.-2N
C2NC:1"-2N
De&endantF6<<elant Coughlin here=> res<ect&ull> requests all 2rders, Convictions,
0udgments, Contem<t 3indings, ?hatever, stemming &rom 3e=ruar> !nd ,!(! /earing on 5uentes
Eotion to 4ithdra? =e *acated or "et 6side or )econsidered and are here=> a<<eal ?ith an -35
request to ?aive the &iling &ee &or the notice o& a<<eal or allo? a relation =acB &or the &iling date u<on
an> denial o& the &ee ?aiver. 3urther, a co<> o& the audio o& the !F!F! /earing is here=> requested..
633-)E6.-2N 5ursuant to N)" !39B.(3(
.he undersigned does here=> a&&irm that the <receding document does not contain
the social securit> num=er o& an> <erson.
D6.ED this 3th Da> o& 3e=ruar>, !(
KFsF Zach Coughlin
Zach Coughlin
De&endant
- 5 -
Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
01362
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DEC:6)6.-2N 23 Z6C/ C219:-N -N "1552). 23 ./E 32)E92-N9 D2C1EEN.
. .his Declaration is made <ursuant to the <rovisions o& N)" $3.(4$, - am <resentl> in the "tate o&
Nevada and - declare under <enalt> o& <erCur> that the &oregoing is true and correct.
!. Declarant is the 5lainti&& in the a=ove title action.
3. Declarant avers that the &actual statements set &or a=ove in the &oregoing document are, to the
=est o& his Bno?ledge and understanding, accurate.
4. -, Zach Coughlin, am availa=le to testi&>, i& necessar>, as to these matters. - declare under <enalt>
o& <erCur> that the &oregoing is true and correct.
E'ecuted on 3e=ruar> 3th, !(!
FsF Zach Coughlin
Zach Coughlin
5:6-N.-33
- 6 -
Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
01363
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-, Zach Coughlin, declare:
2n 3e=ruar> 3th, !(!, -, Er. Zach Coughlin served the &oregoing Notice o& 6<<eal,
Eotion to *acate and or "et 6side, 0C)C5 $9, 0C)C5 %(, Eotion &or )econsideration8 Eotion &or
)ecusal => emailing and &a'ing and or <lacing in the mail a true co<> thereo& to:
0ill DraBe
Com<an>: )eno Cit> 6ttorne>As 2&&ice , Criminal Divison 6ddress: 5.2. Bo' 9(( )eno , N*
+9$($ 5hone Num=er: 77$,334,!($( 3a' num=er: 77$,334,!4!(
DraBe0Lreno.gov
D6.ED ./-" 3th da> o& 3e=ruar>
B7:
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Zach Coughlin
De&endant
- 7 -
Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
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-nde' to E'hi=its
. E'hi=it : .?ent>,si' D!%; <age collection o& attorne> client corres<ondence =et?een Coughlin
and 5uentes in su<<ort o& the undersigned contnetions herein.
- 8 -
Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
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Notice of Appeal, Motion to Vacate and or Set Aside, JCRCP 59, JCRCP 60, Motion for
Reconsideration; Motion for Recusal; Motion For Pulication !f "ranscript at Pulic #$pense,
Petition for %n For&a Pauperis Status
01366
continuance and my files

continuance and my files
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Fri 12/09/11 1:11 AM
To: puenteslaw@aol.com


Dear Mr. Puentes,

I would like for you to subpoena both Officers present at the arrest of November 13, 2011 to testify at the trial. I would like for you to subpoena (by
subpoena duces tecum, I suppose) all recordings, dispatch reports, written documentation, reports in any way connected to, or other materials, whether
admissible or not, in any way connected to the arrest of November 13, 2011 or the charges against which I am defending in conjunction with your
representation. I wish for you to email me these materials to the extent possible, and where that is not possible, please mail them to me at my address
of record at www.nvbar.org, and found below at the end of this letter. Email is better for me than fax, as it is free whereas I have to pay for faxes by the
page, whether local or not. I prefer email too over having to take time out of what is an extremely busy and trying schedule of mine currently.

RPD Officer Carter made a statement at the scene of the arrest that Mr. Richard Hill paid him a lot of money and therefore he does what Mr. Hill says to
do and arrest who Mr. Hill says to arrest. This has been reported to several RPD Officers, including Sargent Tarter, who responded by retaliating against
me with several traffic citations and made incorrect assertions about whether one would be turning into oncoming one way traffic to get to Mr. Hills
652 Forest St. address from the intersection of Forest and St. Laurence in justifying his retalitatory citation (for which he apparently called in another
officer to write out, curiously). I DO NOT WANT YOU TO DISCUSS MY CASE WITH ANYONE OUTSIDE OF MY PRESENCE, INCLUDING VERBAL
AND OR WRITTEN COMMUNICATIONS. THIS INCLUDES ANY COMMUNICATIONS, VERBAL OR WRITTEN WITH THE RENO MUNICIPAL
COURT AND ANYONE IN ANY WAY CONNECTED WITH THE RENO POLICE DEPARTMENT OR RENO CITY ATTORNEY'S OFFICE, AS WELL AS
LEW TAITEL.

Please email or fax meacompletecopy of my file, including all pleadings, correspondences, and any other documentation or mediaat all connected with my case.
Please further discloseany conflicts of interest you might havein representing me. I did not agreeto acontinuance, and I believeit is my right as aclient to control
themeans and objectives of thelitigation and or defense, and that, to me, does not includewaiving my right to contest any motion for acontinuanceor making things
nice and easy for Richard G. Hill, Esq. Further, I would liketo know who agreed to thecontinuanceand why it is Mr. Taitel is no longer attorney of record (nothing
against you, pleasebelievethat).

Further, if Mr. Taitel is no longer attorney of record in this matter, pleaseexplain why, in detail, in writing. If he has withdrawn, and if you did so based on some
conflict of interest, how is it that that conflict of interest did not precludehim fromapparently agreeing to acontinuanceor failing to filean opposition or alerting me
to the situation at all? Pleasenotemy new address and contact information below. Additionally, pleaseindicate, in writing, theextent to which you havean
established procedureto check for conflicts prior to taking on cases and prior to obtaining confidential client files and information. Pleaseindicatein writing any
deviation fromsuch aprocedureor failing of your office's practices to prevent such prejudiceto my casein your taking on my representation. Pleasecopy meon any
and all correspondences and or documentation or discovery in any way related to this matter.

Sincerely,
/S/ ZACH COUGHLIN, SIGNED ELECTRONICALLY

Zach Coughlin
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Fri 12/09/11 3:53 AM
To: puenteslaw@aol.com
1 attachment
12 8 11 fax to Puentes.pdf (63.6 KB)
Mr. Puentes, please find attached my signed written request for you to file certain motions. I want to
review the final drafts prior to your filing them and have tried hard to do most of the work for you.
Further, you might find the following documentary that someone posted on youtube.com helpful in
understanding this case:
http://www.youtube.com/user/25teddyjames?feature=watch

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
Tel: please only communicate in writing
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01367
Fax: 949 667 7402


Dear Mr. Puentes,



I would also like for you to subpoena Dr. Matt Merliss, the owner of the property who was present at the scene of arrest. Further, I would like for you to
depose both RPD Officers (Carter and the female Officer). I would like a copy of the probable cause sheet and all witness statements and Officer's
Supplemental Declarations as soon as possible, please, in addition to all the other materials I set forth in my previous written correspondence to you.



I would like a Motion in Limine to be filed to exclude anything discovered upon the RPD illegal search of the property, including any videos by Richard
Hill or anyone else that the Reno City Attorney seeks to have admitted. I want a Motion to Dismiss filed seeking to dismiss this case based upon a
number of arguments, including the fact that any underlying Summary Eviction Order was void for lack of jurisdiction (please see my recent filing,
attached, in Reno Justice Court case rev2011-001708, in that this was noticed as a No Cause Eviction against a commercial lessee. As such, any
Summary Eviction Order is void for lack of jurisdiction given the express prohibition in both NRS 40.253 and the Nevada Supreme Court's explanation in
the Landlord Tenant Handbook found on the Supreme Court's website and elsewhere where it is made explicitly clear that landlord's may not use
Summary Eviction Proceedings to evict commercial lessees or tenants where non payment of rent is not alleged or where the Notice of Eviction or
Unlawful detainer is a No Cause notice, as was the case in Rev2011-001708. As such, no trespassing could have occurred.
Beyond that, I am requesting you file a Motion to Dismiss based upon the fact that any lockout occurring on November 1, 2011 necessarily occurred
too early and prior to any lawful notice or service of any Summary Eviction Order only signed on October 27
th
, 2011, especially where no personal
service of such an ordered was alleged or shown. I detailed this in the email pasted below.
Further, a Motion to Dismiss I request you file due to Casey Baker's November 11, 2011 letter to me wherein he sends me a bill for the full rental value
of the property where the commercial lease was located for the entire month of November 2011, a period after the alleged illegal lockout. As such, no
trespass could have occurred because such a bill for rent is tantamount to rescinding any void eviction order or otherwise indicative of an invitation,
entrapment, or assent to the addressee of such a letter or bill being able to go onto the property, allegedly. In his letter mailed to Coughlin of
November 10, 2011, Casey Baker, Esq wrote In addition to the sums identified by Dr. Merliss in his affidavit, your debt now also includes fees for
storage of your personal possessions left at the property, which accrue daily at the fair rental value of the property. Your debt further includes actual
costs for inventorying and moving your possessions from the property. See NRS 118A.460. Those sums will be provided to you once they have been
fixed. Enclosed you will also find a notice of entry of the court's order awarding costs and attorney's fees against you. The court's award of cost in the
amount of $421.75, and attorney's fees in the amount of $1,500.00, has now been reduced to judgment. You are responsible for those sums. Further, as
you know, in his Memorandum of Costs and Disbursements filed on October 27,2011, Dr. Merliss actually sought $607.24 in costs and $17,938.75 in
attorney's fees against you. We believe you are responsible for those amounts, plus any and all fees and costs that have accrued, and continue to
accrue, since Letter to Zachary Coughlin Re: Verification of Debt November 10, 2011 Page 20f2 that date, in the matters currently pending before the
courts as an item of damages. Dr. Merliss win seek recovery of those sums, and an future fees and costs incurred, through the appropriate channels...



As such, Baker and Hill sent Coughlin a bill for the full rent of the property. $900 a month was the rent for the property under the commercial lease.
Baker and Hill wrote telling Coughlin they were continuing to charge him that even after the alleged illegal lockout of November 1, 2011. Further, Baker
and Hill flagrantly wrote to Coughlin in the same letter that the impermissible $1,500 in attorney's fees ordered by Judge Sferrazza was not enough for
them, and that they fully intended to continue to pursue recovery of the nearly $20,000 in attorney's fees they sought in their Memorandum of Fees and
Costs of October 27
th
, 2011, despite the res judicata effect of Judge Sferrazza's November 9, 2011 Order granting them $1,500 in attorney's fees, and
despite the fact that NRS 69.030 only allows for prevailing party attorney's fees in civil actions, while JCRCP 3 specifically provides that there are three
types of matters in Nevada's Justice Court, and expressly separates landlord tenant matters from civil actions, and, as such, the prevailing party
attorney's provisions of NRS 69.030 do not apply and there exists no other basis for an attorney's fees award under any of the arguments Baker or Hill
put forth. There conduct is tantamount to extortion while leveraging their law licenses and degrees.



Further, I would like for you to seek a continuance of the trial in this matter as this case is going to require extensive discovery, settlement negotiations,
and other complex legal work and there is not enough time for that as the schedule is currently set. I am attaching a collection of written materials the
landlord/property owner at 121 River Rock St 89501 (where the trespass arrest occurred sent me), including some letters that inform me they were
charging me the full rent of the property for the entire month of November 2011 (the illegal lockout allegedly occurred on November 1, 2011, though
there has been no proof of service or "receipt" pursuant to NRS 40, and given that the lockout was apparently signed by Judge Sferrazza on October
27th, 2011, that day does not count for service of the Order, the Reno Justice Court is closed on Fridays, non judicial weekend days don't count for the 3
days for service under NRCP 4-6, etc. As such, the earliest service by mail could have been affected for the Order for Summary Eviction would have been
November 2, 2011. It is alleged the lockout occurred prior to that time, and further, no emails were received from Richard Hill's email address,
rhill@richardhillaw.com at any point between August 17th, 2011 and November 18th, 2011, period. Whether any emails from Hills
rhill@richardhillaw.com address were "bounced back" to him or whether that address was added to my "blocked sender" list is a matter for Mr. Hill to
sludge his way through, but I can attest under penalty of perjury that I did not receive any emails from that rhill@richardhillaw.com email address
between that time period. I can further attest that I made calls and written correspondences to both Hill's rhill@richardhillaw.com email and his
associate Casey Baker, Esq.'s email, electroencephalographic addresses that went unresponded to with regard to my numerous requests to be allowed
access to remove my property commercial and otherwise
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01368



These included, but were not limited to, the following:









From: zachcoughlin@hotmail.com



Sent: Wed 11/09/11 12:43 PM



To: Casey Baker (cdbaker@richardhillaw.com)









Don't ignore my calls about my possessions. You potentially conducted an illegal lockout of a law office an inspection outside my presence. The lease
requires my presence. It also makes your guy responsible for the electric bill, read it carefully. Show your proof of any "receipt" of any lockout order 24
hours prior to your actions. My possessions better be safe and afforded all legal protections and I want updates one whatf is being done with them and
an opportunity to clean or otherwise put the premises in the condition I intended to leave it in prior to the illegal lockout. I want my possessions that
are in the house and all privacy rights respected. There is a motion for stay in district court right now.



Re: Verification of Your Debt? 11/10/11
To Casey Baker
From: zachcoughlin@hotmail.com
(Sent: Thu 11/10/11 12:24 PM
To: Casey Baker (cdbaker@richardhillaw.com)
You guys are way over the days for providing verification under the FDCPA. Can you say treble damages? I habe not received a single email such as
those you refer to from richard hill. I dont consent to service of anything via email from your shop. I know you want everything to be at warp speed, but
you have to serve me through the mail or some non electronic means. Make sure rich isnt getting "unnsuccessful email transmission" messages....i can
certainly prove i have not received any such emails from Dick. I want my stuff its important client materials etc. You guys have not returned my
messages about that, its wrong to try to charge me rent when you are ducking me.



From: zachcoughlin@hotmail.com Sent: Fri 11/11/11 12:49 AM To: Casey Baker (cdbaker@richardhillaw.com); rhill@richardhillaw.com
(rhill@richardhillaw.com) Hi Guys, I have been having some technical difficulties, some emails appear blank or black, kind of like your client described in
response to some of my emails. Hey, ever heard of a litigation hold notice? That is what this is ,please retain and failure messages you recieve in your
own email which might prove that an email you sent me just didn't quite make it. You know just producing a copy of some email you sent me (even
though i have repeatedly told you i dont consent to service electronically in any form and am not a registered efiler like you two legal eagles) is not
going to be good enough when i break out the old litigation hold notice and anything elese that might tend to show any emails you sent could not
have made it to me....why such a rush, Boys? You are doing your patented and typical bang up milking job on thos headstrong rich client of yours...smell
the flowers a little. For instance, you don't want to do an illegal lockout and illegal inspection, particularly where the lease calls for my presence at any
inspection and then if you did not make sure the "receipt" requirement was met for any lockout order then went ahead and violated someone's
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01369
constitutional rights to boot. Plus you are way late on the FDCPA stuff, and the prevailing party atty fee statute is for cicil actons, which jcrcp 3 separates
justice court matters into 3 types, and the civil actions mentioned in seller's prevailing party fee statute is mentioned as different from landord tenant
cases and small claims cases..So where is your good faith basis for moving for atty fees, much less for $20k worth of them. Why did you cite the
controlled substances manufacture statute to support your atty fee motion? I pulled every eviction y'all ever done... RJC has been like swinging the bat
in the on deck circle with 5 donuts on the bat for me, gentlemen. For you, its been the polar opposite. But we gettin' called up to the show! You never
know when you are on tape or film guys. And my bat speed is lookin' tremendous. I have tried again and again to get some response from you guys
about accesing my important files and keeping my very valuable possesions safe but have yet to here back feom you, in the event you have done a
lockout. Mr. Baker said he did some filmmaking or something when he broke in to any attorneys office, it was hard to hear through all the cooing.
Anyways, I aren't that smart, but dontcha have to like store my possessions after movin' them somewhere safe, the make a reasonably diligent attempt
to rent the place out to mitigate and damages or lost rent, plus provide me my deposit within like 10 days or something? I know mighty Casey likes to
give me lil research projects, but I am busy fleshing out some motion work right now, so maybe you get on that and let me know when and where I can
get my things and valuable client files, hopefully you two points of light haven't done nuthhin' to 'em. Now, I dont want to come between you and
Casey...I know he is probably getting a little tired of you keeping most of the profit while he gets dirty doing the gutters, but you guys have a nice lil
batman robin thing going and it would be a shame to see it end, so let's just try and make this work."



From the alleged date of the illegal lockout of November 1, 2011 until Casey Baker's November 10, 2011 written bill to me for full rent for the month of
November 2011 (ie, after the alleged illegal lockout and therefore extinguishing the eviction and creating a new lease or rescinding the eviction order
and, perhaps making extortionate threats to apply an unlawful rent distraint in contravention of NRS 40.460, and NRS 40. 520, etc.) I received two
written correspondences of any sort from anyone connected with the landlord Matt Merliss (a neurosurgeon graduate of Beverly Hills HS) and the law
office of Richard G. Hill, Esq. (including Hill and Baker, etc.). These two written correspondences from Casey Baker are attached and pasted below:






subject: Verification of Your Debt
11/10/11
Casey Baker
To zachcoughlin@hotmail.com
From: Casey Baker (cdbaker@richardhillaw.com)
Sent: Thu 11/10/11 11:13 AM
To: zachcoughlin@hotmail.com
1 attachment
LT Coughlin (verif of debt)(11-10-11).pdf (146.0 KB)
Mr. Coughlin:
Attached please find my letter to you dated November 10, 2011.
Sincerely,
Casey D. Baker, Esq.
Richard G. Hill, Chartered
652 Forest Street
Reno, Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858



Email: cdbaker@richardhillaw.com
CONFIDENTIAL: ATTORNEY WORK PRODUCT; ATTORNEY-CLIENT PRIVILEGE
This e-mail may contain legally privileged or confidential information. If you are not the intended recipient, please do not read, copy, use, or disclose
this communication to anyone other than the intended recipient. If you have received this message in error, please notify the sender and delete the
email message from your system. Thank you.
Circular 230 Notice.
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including
any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code
or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
RE: request for 30 days additional to stay in possession disability

11/04/11
Casey Baker
To zachcoughlin@hotmail.com
From: Casey Baker (cdbaker@richardhillaw.com)
Sent: Fri 11/04/11 12:36 PM
To: zachcoughlin@hotmail.com

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01370


Mr. Coughlin:



We have never been served with any paper entitled Motion to Continue in Possession. If you have proof to the contrary, please provide it.
With respect to your request for another 30 days, please identify the legal and factual basis for your request, including any specific statute you are
purporting to invoke.
Casey Baker



Below for your convenience is a copy of the email I recently sent you as my, Zach Coughlin's, counsel of record, Mr. Puentes:



Zach Coughlin, Esq.
From: zachcoughlin@hotmail.com
To: puenteslaw@aol.com
Subject: continuance and my files
Date: Fri, 9 Dec 2011 01:11:35 -0800



Dear Mr. Puentes,

I would like for you to subpoena both Officers present at the arrest of November 13, 2011 to testify at the trial. I would like for you to subpoena (by
subpoena duces tecum, I suppose) all recordings, dispatch reports, written documentation, reports in any way connected to, or other materials, whether
admissible or not, in any way connected to the arrest of November 13, 2011 or the charges against which I am defending in conjunction with your
representation. I wish for you to email me these materials to the extent possible, and where that is not possible, please mail them to me at my address
of record at www.nvbar.org, and found below at the end of this letter. Email is better for me than fax, as it is free whereas I have to pay for faxes by the
page, whether local or not. I prefer email too over having to take time out of what is an extremely busy and trying schedule of mine currently.

RPD Officer Carter made a statement at the scene of the arrest that Mr. Richard Hill paid him a lot of money and therefore he does what Mr. Hill says to
do and arrest who Mr. Hill says to arrest. This has been reported to several RPD Officers, including Sargent Tarter, who responded by retaliating against
me with several traffic citations and made incorrect assertions about whether one would be turning into oncoming one way traffic to get to Mr. Hills
652 Forest St. address from the intersection of Forest and St. Laurence in justifying his retalitatory citation (for which he apparently called in another
officer to write out, curiously). I DO NOT WANT YOU TO DISCUSS MY CASE WITH ANYONE OUTSIDE OF MY PRESENCE, INCLUDING VERBAL AND OR
WRITTEN COMMUNICATIONS. THIS INCLUDES ANY COMMUNICATIONS, VERBAL OR WRITTEN WITH THE RENO MUNICIPAL COURT AND ANYONE IN
ANY WAY CONNECTED WITH THE RENO POLICE DEPARTMENT OR RENO CITY ATTORNEY'S OFFICE, AS WELL AS LEW TAITEL.

Please email or fax me a complete copy of my file, including all pleadings, correspondences, and any other documentation or media at all connected
with my case. Please further disclose any conflicts of interest you might have in representing me. I did not agree to a continuance, and I believe it is my
right as a client to control the means and objectives of the litigation and or defense, and that, to me, does not include waiving my right to contest any
motion for a continuance or making things nice and easy for Richard G. Hill, Esq. Further, I would like to know who agreed to the continuance and why
it is Mr. Taitel is no longer attorney of record (nothing against you, please believe that).

Further, if Mr. Taitel is no longer attorney of record in this matter, please explain why, in detail, in writing. If he has withdrawn, and if you did so based
on some conflict of interest, how is it that that conflict of interest did not preclude him from apparently agreeing to a continuance or failing to file an
opposition or alerting me to the situation at all? Please note my new address and contact information below. Additionally, please indicate, in writing,
the extent to which you have an established procedure to check for conflicts prior to taking on cases and prior to obtaining confidential client files and
information. Please indicate in writing any deviation from such a procedure or failing of your office's practices to prevent such prejudice to my case in
your taking on my representation. Please copy me on any and all correspondences and or documentation or discovery in any way related to this matter.

Sincerely,
/S/ ZACH COUGHLIN, SIGNED ELECTRONICALLY
Zach Coughlin
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402


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01371

faxed signed letter attached
Sincerely,

Zach Coughlin, Esq.
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 12:35 AM
To: puenteslaw@aol.com
2 attachments
12 14 11 faxed letter to Puentes 11 CR 26405 2I.pdf (55.0 KB) , Coughlin IFP and Financial Inquiry Application RMC 11222011 11 CR 26405
2I.pdf (381.9 KB)
Mr. Puentes,
Please find my faxed signed letter attached. Also, if I am supposed to file an updated Financial Status
Application, please find that attached.

December 13th, 2011
Dear Mr. Puentes,
Hello, I received a package from you in the mail today. It did not contain a letter from you or any
indication of whether you will subpoena Dr. Merliss to attend the January Trial date, which is fast
approaching, whether you will depose him or Richard Hill, etc. Please respond in writing regard the
various written requests and questions I posed to you in my recent written correspondences, including,
but not limited to, whether you will comply with my requests to file a Motion in Limine, Motion to
Dismiss, Depose Dr. Merliss and Richard Hill, file a Motion to Set Aside the Continuance, for which I
was never appropriately provided a chance to contest, or served the Original Motion for Continuance.
I want to be copied, in writing, on every single thing related in any way to this case. RMC Rules
require the attorney, such as you and Lew Taitel to file a Notice of Appearance and to file a Motion to
Withdraw. Please provide a copy of the docket in this case. I do not see where Mr. Taitel ever filed a
Motion to Withdraw or where an Order Granting such a withdrawal was granted. It is my
understanding, though, that an Order Granting a Motion to Dismiss was likely entered. I want for you
to file a Motion To Set Aside that Order if it was based on Richard Hill citing some lame reason, like he
was going to be Porsche shopping in Florida or otherwise on vacation for some extended stretch or that
Richard Hill was the only person able to testify about whatever it is Richard Hill may want to testify
about. Dr. Merliss can take time out of raking in millions of dollars being a Beverly Hills HS graduate
neurosurgeon. I want him subpoenaed and deposed for the upcoming trial. I want a subpoena duces
tecum served on Richard Hill for any evidence related to this case, including any videos. Further, I
want you to make an inquiry and take appropriate action to discern whether I was appropriately served
any Notice Setting Hearing documents in this case, ascertaining exactly who (including which Marshal)
may have served me anything, the manner and place in which is was served, whose signature is there,
etc., whether the signature bears a date that is PRIOR in time to the Print Date on the Notice Setting
Hearing, etc.
Further, I want you to subpoena or obtain a copy of (and provide one to me) of the video of the
November 14th, 2011 arraignment, the entire video, start to finish (not just my appearance), I will pay
any charge if I have to, but I believe an IFP was granted that would cover such a charge in this matter.
I do not believe it would be accurate for the Reno Municipal Court to state or write, with respect to my
and the November 14, 2011 arraignment, that DEFENDANT APPEARED, WAS EXPLAINED
HIS/HER RIGHTS BY THE JUDGE AND INDICATED THAT HE/SHE UNDERSTOOD THEM
COMPLETELY... If the RMC has made that assertion in writing I want you to file something in
writing contesting that assertion. I do not believe I have been told that there is any possibility that I will
be required to pay you or the RMC any fees in connection with your representation. If that is not the
case, please explain in writing.
Sincerely,
Zach Coughlin, Esq

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
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01372

client controls means and objectives of litigation under Rules of Professional
Conduct
Nevada Bar No: 9473



** Notice** This messageand accompanying documents arecovered by theelectronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain
confidential information intended for thespecified individual (s) only. If you arenot theintended recipient or an agent responsiblefor delivering it to theintended
recipient, you arehereby notified that you havereceived this document in error and that any review, dissemination, copying, or thetaking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that is
privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that any
disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be
unlawful. If you receive this message in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and
destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 12:52 AM
To: puenteslaw@aol.com
Dear Mr. Puentes,

Please let me know when we can discuss my case, the trial is very soon. I received a mailing from you, but it did not have a signed letter
from you stating what was in the package. Please email me or fax me any document production in the future and redact my personally
identifiable information from all documentions coming in or out of your office.
In the mailing I received from you was:
1. WCSO Mugshot Profile booking no: 1119876, one page
2. Criminal Complaint 11-22185, one page, signed by Richard Hill, not filestamped
3. ARrest Report and Declaration of Probable Cause rpd 1101921 C r650225 , Declarant RPD Officer Carter, no Magistrate signature
(please find out why), one page
4. RPD, 3 pages 11-22185 Adminstrative Information, etc. (please subpoena and depose both RPD Officer's Lopez and Carter, asking them
whether they verbally identified themselves prior to, according to Hill, kicking the door down, and further questions them concerning the
accuracy of Hill's written statement and whether Officer Carter said to the accused that Richard Hill pays him, Officer Carter, a lot of
money and therefore Carter arrests who Hills says to arrest and does what Hill says to do. Further, please depose both officers, asking
whether the accused requested they take any action or ask Hill any questions and whether the Officers did so. Please subpoena the RPD for
any recordings, calls, documentation relating to this matter, or RPD Sargent Tarter's alleged retaliation against me and the traffic citations
he called in another RPD officer to write against me on or around November 15th, 2011. Please file a counterclaimalleged 42 USC 1983
violations againt the City of Reno and the RPD, in addition to other appropriate counterclaims. Please depose Hill to verify his written
account that he actually walked into the Basement, that Merliss himself kicked the door down, whether the RPD Officers verbally
identified themselves prior to the door being kicked down, whether the accused hesitated at all upon the RPD identifying themselves, etc....

Sincerely,



Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documents arecovered by theelectronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain
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01373

CORRECTION FW: client controls means and objectives of litigation under Rules
of Professional Conduct
confidential information intended for thespecified individual (s) only. If you arenot theintended recipient or anagent responsiblefor delivering it to theintended
recipient, you arehereby notified that you havereceived this document in error and that any review, dissemination, copying, or thetaking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that is
privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that any
disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be
unlawful. If you receive this message in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and
destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 1:19 AM
To: puenteslaw@aol.com
Dear Mr. Puentes,


Please amend the list below to include the following:
5. RPD Statement by Richard Hill 11-22185

Further, please note I mistakenly noted in paragraph 4 below, that Hill was attributed as making a
written stament about entering the basement. Please, instead, ask the same questions of Officer Carter,
as to whether he "entered the doorway of the basement and found..." and what exactly he means by "He
was hesitant to come out and eventually did so". IE, what exactly does "eventually" mean? Like, one
second, ten minutes? What? Whether Officer Carter ever actually stepped foot in the basement, or
whether by writing that he "entered the doorway" Officer Carter is actually stating that he peeked his
head in or otherwise peered in. Please inquire as to whether the RPD refused to kick the door down or
whether someone else did, etc. PLEASE ASK OFFICER CARTER WHETHER HIS WRITTEN
STATMENT IS ENTIRELY ACCURATE WHERE IT ATTRIBUTES A QUOTE TO THE
ACCUSED THAT CARTER IS OR WAS "ON RICHARD HILL'S PAYROLL..." and further what
exactly was allegedly said about "working a deal". Please ask Carter and Lopez whether the accused
asked why they didn't just issue a citation and whether one would be arrested for getting their mail after
an eviction and why exactly an incarceration was necessary compared to a citation. Please further
inquire as to whether these Officers refused to make any arrests or investigation requested by the
accused and whether Carter indicated that he would never arrest anyone based on anything said by the
person he is arresting at the time such accusations, or counter accusations, are made. Please further
send Merliss and Hill subpoena duces tecum/interrogatories/request for production/ and request for
admission seeking specific, written indication and evidence supporting all contentions in any of the
materials upon which this arrest or this case is based, including, but not limited to Hill's written
statement that "We have observed evidence that he was coming and going."

Sincerely,

Zach Coughlin

From: zachcoughlin@hotmail.com
To: puenteslaw@aol.com
Subject: client controls means and objectives of litigation under Rules of Professional Conduct
Date: Wed, 14 Dec 2011 00:52:25 -0800

Dear Mr. Puentes,

Please let me know when we can discuss my case, the trial is very soon. I received a mailing from you, but it did not have a signed letter
from you stating what was in the package. Please email me or fax me any document production in the future and redact my personally
identifiable information from all documentions coming in or out of your office.
In the mailing I received from you was:
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01374

THIS COULD WIN THE CASE IN 11 CR 26405 2I
1. WCSO Mugshot Profile booking no: 1119876, one page
2. Criminal Complaint 11-22185, one page, signed by Richard Hill, not filestamped
3. ARrest Report and Declaration of Probable Cause rpd 1101921 C r650225 , Declarant RPD Officer Carter, no Magistrate signature
(please find out why), one page
4. RPD, 3 pages 11-22185 Adminstrative Information, etc. (please subpoena and depose both RPD Officer's Lopez and Carter, asking them
whether they verbally identified themselves prior to, according to Hill, kicking the door down, and further questions them concerning the
accuracy of Hill's written statement and whether Officer Carter said to the accused that Richard Hill pays him, Officer Carter, a lot of
money and therefore Carter arrests who Hills says to arrest and does what Hill says to do. Further, please depose both officers, asking
whether the accused requested they take any action or ask Hill any questions and whether the Officers did so. Please subpoena the RPD for
any recordings, calls, documentation relating to this matter, or RPD Sargent Tarter's alleged retaliation against me and the traffic citations
he called in another RPD officer to write against me on or around November 15th, 2011. Please file a counterclaimalleged 42 USC 1983
violations againt the City of Reno and the RPD, in addition to other appropriate counterclaims. Please depose Hill to verify his written
account that he actually walked into the Basement, that Merliss himself kicked the door down, whether the RPD Officers verbally
identified themselves prior to the door being kicked down, whether the accused hesitated at all upon the RPD identifying themselves, etc....

Sincerely,



Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documents arecovered by theelectronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain
confidential information intended for thespecified individual (s) only. If you arenot theintended recipient or an agent responsiblefor delivering it to theintended
recipient, you arehereby notified that you havereceived this document in error and that any review, dissemination, copying, or thetaking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that is
privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that any
disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be
unlawful. If you receive this message in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and
destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 5:02 AM
To: puenteslaw@aol.com
5 attachments
11 1 2011 Affidavit of Service, Notice of Entry of Order, and Order for Summary Eviction Rev2011-001708.pdf (7.8 MB) , Affidavit of Service
Sheriff's Machen 4 30 pm 11 1 2011.pdf (555.1 KB) , 12 14 11 fax to Puentes ISSUES THAT CAN WIN THE CASE.pdf (144.2 KB) , 11 21 11
Declaration of Richard Hill attach to his M for OSC (11-21-11) Compare to Police Reports and deposition of RPD's Carter and Lopez and
Merliss.pdf (791.4 KB) , 11 21 2011 REV2011-00178 RICHARD HILL'S M for OSC (11-21-11).pdf (711.7 KB)
ZachCoughlin, Esq.
817N. VirginiaSt. #2
Reno, NV89501
Tel: pleaseonlycommunicateinwriting
Fax: 9496677402
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01375
LicensedinNevada, NV Bar No: 9473



December 14
th
, 2011


Dear Mr. Puentes,

Mr. Puentes,

Please find attached the Affidavit of Service, filed November 7th, 2011 in the eviction case in RJ C (REV2011-0017808) from which the
trespass case you are Attorney of Record for (RMC 11 CR 26405 2I) stems. TURNS OUT, THE AFFIDAVIT OF SERVICE FILED BY
THE WASHOE COUNTY SHERIFF'S AUTHORIZED AGENT, J OHN MACHEN ADMITS, IN WRITING, THAT THE EVICTION
ORDER AND LOCKOUT WERE SERVED AND CONDUCTED PRIOR TO THE TIME AND DATE CALLED FOR BY THE
EVICTION ORDER (WHICH WAS NOT EVEN PUT INTO THE MAIL WITH A PROOF OF SERVICE UNTIL NOVEMBER 1,
2011...AND NRCP 4-6 APPLY TO STATUTORY UNLAWFUL DETAINER ACTIONS, THEREFORE, THE RJ C IS CLOSED
FRIDAYS AND OTHER NON JUDICIAL DAYS DO NOT COUNT, NOR DOES THE DAY THE ORDER IS SIGNED COUNT).
PLEASE ALSO FIND ATTACHED RICHARD HILL, ESQ'S DECLARATION ATTACHED TO A MOTION TO SHOW CAUSE HE
FILED IN REV2011-001708, WHICH I BELIEVE MAY PROVIDE FERTILE GROUND FOR IMPEACHING THE WRITTEN
STATEMENTS AND FUTURE TESTIMONY OF RPD OFFICER'S CARTER, LOPEZ, LANDLORD MERLISS, HILL HIMSELF,
ETC. PLEASE DO NOT DISCUSS THIS VERBALLY OR IN WRITING WITH ANYONE OTHER THAN MYSELF ABSENT MY
EXPRESS WRITTEN CONSENT PRIOR TO DOING SO.

I prefer to discuss this with you prior to your taking any action in relation to this illegal lockout or insufficient service of process or early
lockout or however it is described. The Sheriff's server, Machen, might try to argue that he served the Eviction Order at 4:30 pm, then
waited around until after 5 pm (as required by the Eviction Order) to perform the actual lockout. I think it would be best to get Machen
admitting, by tricking him into admitting, if necessary, that he performed the lockout within minutes of serving the Eviction Order.
Further, the law in our State does not seemexceptionally clear with regard to the service and process requirements and timelines, and
manner of calculating time with respect to the "receipt" of Lockout Orders. The Affidavit of Service by Machen states that he "personally
served the described documents upon" my, Zach Coughlin...However, I can attest by Affidavit that I was not "personally served" to the
extent that "personally served" means or implies that I was there, that Machen saw me or identified me, or any of the other indicators of
something, such as a Complaint, being "personally served" such as I understand the phrase to me. NRCP 5(b)(2)(A)(i-iii). Further, as
Baker and Hill have so often pointed out, I cannot, according to them, receive any attorney's fee award for appearing as pro se attorney, as
such, NRCP 5(b)(2)(A)(i-iii), should apply to me only as a party, and not as a party's attorney, and, therefore, according to NRCP 5,
Service: "(2) Service under this rule is made by: (A) Delivering a copy to the attorney or the party by: (i) handing it to the attorney or to the
party; (ii) leaving it at the attorneys or partys office with a clerk or other person in charge, or if there is no one in charge, leaving it in a
conspicuous place in the office; or (iii) if the office is closed or the person to be served has no office, leaving it at the persons dwelling
house or usual place of abode with some person of suitable age and discretion residing there..." So, either it was my office, in which
case a No Cause Eviction Notice makes impermissible a Summary Eviction Proceeding under NRS 40.253, and therefore, the Order of
Summary Eviction is void for lack of jurisdiction, or, the Affidavit of Service was on my home, and was not "handed" to me, or
"personally served" (despite the Affidavit attesting to having "personally served" me), nor was the Order of Summary Eviction served in
accordance with NRCP 5(b)(2)(A)(iii), which requires: "if the office is closed or the person to be served has no office, leaving it at the
persons dwelling house or usual place of abode with some person of suitable age and discretion residing there.."

Further, I believe posting an Order on one's residence door, particularly in the context of serving a No Cause Notice of Eviction or
Unlawful Detainer, is only valid if the document being served is also placed in the mail and 3 non judicial days are accorded for service to
be complete. See NRCP 6(e). I do not believe they can prove that at all, not even close. NRCP applies to Summary Eviction Actions,
according to the following:
"NRS 40.380 Provisions governing appeals. Either party may, within 10 days, appeal from the judgment rendered. But an appeal by the
defendant shall not stay the execution of the judgment, unless, within the 10 days, the defendant shall execute and file with the court or
justice the defendants undertaking to the plaintiff, with two or more sureties, in an amount to be fixed by the court or justice, but which
shall not be less than twice the amount of the judgment and costs, to the effect that, if the judgment appealed frombe affirmed or the
appeal be dismissed, the appellant will pay the judgment and the cost of appeal, the value of the use and occupation of the property, and
damages justly accruing to the plaintiff during the pendency of the appeal. Upon taking the appeal and filing the undertaking, all further
proceedings in the case shall be stayed.
Actually, a lot of people seemed confused regarding the 24 hours lockout thing. The only appearance in either NRS 118A or NRS 40, in the provisions
applicable to Summary Eviction Proceedings of anything related to 24 hours is in NRS 40.253(5), which only speaks to a situation where the Tenant
does not file a Tenant's Answer or Tenant's Affidavit, which is clearly inapplicable here, as the Tenant did file such a Opposition to the No Cause Eviction
Notice: 5. Upon noncompliance with the notice:
(a) The landlord or the landlords agent may apply by affidavit of complaint for eviction to the justice court of the township in which the dwelling,
apartment, mobile home or commercial premises are located or to the district court of the county in which the dwelling, apartment, mobile home or
commercial premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an order directing the sheriff or
constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit must state or contain...
So, absent some statutory provision allowing the Order of Summary Eviction to result in a lockout by the Washoe County Sheriff's Office prior to the 3
days for mailing where personal service of the Order of Summary Eviction was not effectuated, despite what WCSO employee may have incorrectly (or
falsely) asserted in the WCSO's John Machem's Affidavit of Service from, file stamped November 7, 2011 (especially where it is timestamped 4:30 pm,
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01376
November 1, 2011, especially where the Order of Summary Eviction explicitly reads that no such lockout shall occur prior to 5:00 pm on November 1,
2011). See, NRCP 5(b)(2)(A)(i-iii), NRCP 6(e).
Interestingly, Richard Hill knows his case is toast under NRCP 5(b)(2)(A)(i-iii), NRCP 6(e), in addition to NRCP 11. That is why in
Richard Hill's November 21, 2011 Motion for Order To Show Cause, on page 2, Hills resorts to literally grasping at straws, imagining that
what the Washoe County Sheriff's Office customarily does is somehow automatically codified into mandatory precedent black letter law.
To wit, Richard Hill wrote in his Motion For Order To Show Cause that: FACTS SHOWING CONTEMPT OF COURT 6. EXHIBIT
1 was served on Coughlin on November " 2011 by the Washoe County Sheriffs Department, by posting same on the front door of the
property in the manner customary for evictions in Washoe County. The locks to the premises were changed at that time, thereby ejecting
and dispossessing Coughlin of possession of the Property. Further, therein Richard Hill admits that the lockout occurred at 4:30 pm, as
indicated in writing in the WCSO's Machem's Affidavit of Service, contra to the mandate of J udge Sferrazza's Order of Summary Eviction
requiring any lockout to occur after 5:00 pm, November 1, 2011.
NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay. Upon an
appeal from an order entered pursuant to NRS 40.253:
1. Except as otherwise provided in this subsection, a stay of execution may be obtained by filing with the trial court a bond in
the amount of $250 to cover the expected costs on appeal. In an action concerning a lease of commercial property or any other
property for which the monthly rent exceeds $1,000, the court may, upon its own motion or that of a party, and upon a showing of
good cause, order an additional bond to be posted to cover the expected costs on appeal. A surety upon the bond submits to the
jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the suretys agent upon whom papers
affecting the suretys liability upon the bond may be served. Liability of a surety may be enforced, or the bond may be released, on
motion in the appellate court without independent action.
2. A tenant who retains possession of the premises that are the subject of the appeal during the pendency of the appeal shall pay to the
landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due. If the tenant fails to
pay such rent, the landlord may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to NRS
40.253.
NRS 40.390 Appellate court not to dismiss or quash proceedings for want of form. In all cases of appeal under NRS 40.220 to 40.420,
inclusive, the appellate court shall not dismiss or quash the proceedings for want of form, provided the proceedings have been conducted
substantially according to the provisions of NRS 40.220 to 40.420, inclusive; and amendments to the complaint, answer or summons, in
matters of form only, may be allowed by the court at any time before final judgment upon such terms as may be just; and all matters of
excuse, justification or avoidance of the allegations in the complaint may be given in evidence under the answer.
NRS 40.400 Rules of practice. The provisions of NRS, Nevada Rules of Civil Procedure and Nevada Rules of Appellate
Procedure relative to civil actions, appeals and new trials, so far as they are not inconsistent with the provisions of NRS 40.220 to
40.420, inclusive, apply to the proceedings mentioned in those sections.
So, considering that NRS 40.400 requires that NRCP apply to Summary Eviction Proceedings under NRS 40.253, then service, process,
and time calculations of such must comport with the dictates of NRCP 5-6: " RULE 5. SERVICE AND FILING OF PLEADINGS AND
OTHER PAPERS
(a) Service: When Required. Except as otherwise provided in these rules, every order required by its terms to be served, every
pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to
discovery required to be served upon a party unless the court otherwiseorders, every written motion other than one which may be heard ex
parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served
upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or
additional claims for relief against them shall be served upon themin the manner provided for service of summons in Rule 4.
(b) Same: How Made.
(1) Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service
shall be made upon the attorney unless the court orders that service be made upon the party.
(2) Service under this rule is made by:
(A) Delivering a copy to the attorney or the party by:
(i) handing it to the attorney or to the party;
(ii) leaving it at the attorneys or partys office with a clerk or other person in charge, or if there is no one in charge,
leaving it in a conspicuous place in the office; or
(iii) if the office is closed or the person to be served has no office, leaving it at the persons dwelling house or usual place
of abode with some person of suitable age and discretion residing there.
(B) Mailing a copy to the attorney or the party at his or her last known address. Service by mail is complete on mailing;
provided, however, a motion, answer or other document constituting the initial appearance of a party must also, if served by mail,
be filed within the time allowed for service; and provided further, that after such initial appearance, service by mail be made only
by mailing from a point within the State of Nevada.
(C) If the attorney or the party has no known address, leaving a copy with the clerk of the court.
(D) Delivering a copy by electronic means if the attorney or the party served has consented to service by electronic
means. Service by electronic means is complete on transmission provided, however, a motion, answer or other document
constituting the initial appearance of a party must also, if served by electronic means, be filed within the time allowed for service.
The served attorneys or partys consent to service by electronic means shall be expressly stated and filed in writing with the clerk
of the court and served on the other parties to the action. The written consent shall identify:
(i) the persons upon whom service must be made;
(ii) the appropriate address or location for such service, such as the electronic-mail address or facsimile number;
(iii) the format to be used for attachments; and
(iv) any other limits on the scope or duration of the consent.
An attorneys or partys consent shall remain effective until expressly revoked or until the representation of a party changes
through entry, withdrawal, or substitution of counsel. An attorney or party who has consented to service by electronic means shall,
within 10 days after any change of electronic-mail address or facsimile number, serve and file notice of the new electronic-mail address or
facsimile number.
(3) Service by electronic means under Rule 5(b)(2)(D) is not effective if the party making service learns that the attempted
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01377
service did not reach the person to be served.
(4) Proof of service may be made by certificate of an attorney or of the attorneys employee, or by written admission, or by
affidavit, or other proof satisfactory to the court. Failure to make proof of service shall not affect the validity of service...
RULE 6. TIME
(a) Computation. In computing any period of time prescribed or allowed by these rules, by the local rules of any district court, by
order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run
shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a nonjudicial day, in
which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a nonjudicial day, or, when the act to be
done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of the district court
inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of
time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and nonjudicial days shall be excluded in the
computation except for those proceedings filed under Titles 12 or 13 of the Nevada Revised Statutes...
(e) Additional Time After Service by Mail or Electronic Means. Whenever a party has the right or is required to do some act
or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon the party
and the notice or paper is served upon the party by mail or by electronic means, 3 days shall be added to the prescribed period.
Subdivision (a) is revised to extend the exclusion of intermediate Saturdays, Sundays, and nonjudicial days to the computation of time
periods less than 11 days consistent with the 1985 amendments to the federal rule. Additionally, the inaccessibility of the court
provision found in subdivision (a) of the federal rule is added to Rule 6(a). Subdivision (a) is further amended, by adding language
referring to proceedings filed under Titles 12 or 13 of the Nevada Revised Statutes, to avoid any changes to current procedures in
probate, guardianship and trust proceedings....
Subdivision (e) is amended to provide an additional 3 days to act in response to a paper that is served by electronic means under
new paragraph (2)(D) added to Rule 5(b)."
NRS 40.253 Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant for default in payment of rent.
1. Except as otherwise provided in subsection 10, in addition to the remedy provided in NRS 40.2512 and 40.290 to 40.420, inclusive,
when the tenant of any dwelling, apartment, mobile home, recreational vehicle or commercial premises with periodic rent reserved
by the month or any shorter period is in default in payment of the rent, the landlord or the landlordsagent, unless otherwise agreed in
writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises...
4. If the tenant files such an affidavit at or before the time stated in the notice, the landlord or the landlords agent, after receipt of a
file-stamped copy of the affidavit which was filed, shall not provide for the nonadmittance of the tenant to the premises by locking or
otherwise.
5. Upon noncompliance with the notice:
(a) The landlord or the landlords agent may apply by affidavit of complaint for eviction to the justice court of the township in which
the dwelling, apartment, mobile home or commercial premises are located or to the district court of the county in which the dwelling,
apartment, mobile home or commercial premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an
order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order..
6. Upon the filing by the tenant of the affidavit permitted in subsection 3, regardless of the information contained in the affidavit, and
the filing by the landlord of the affidavit permitted by subsection 5, the justice court or the district court shall hold a hearing, after service
of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section.
If the court determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful
detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the
tenant. If the court determines that there is a legal defense as to the alleged unlawful detainer, the court shall refuse to grant either
party any relief, and, except as otherwise provided in this subsection, shall require that any further proceedings be conducted
pursuant to NRS 40.290 to 40.420, inclusive. The issuance of a summary order for removal of the tenant does not preclude an action
by the tenant for any damages or other relief to which the tenant may be entitled....
7. The tenant may, upon payment of the appropriate fees relating to the filing and service of a motion, file a motion with the court, on a
form provided by the clerk of the court, to dispute the amount of the costs, if any, claimed by the landlord pursuant to NRS 118.207 or
118A.460 for the inventory, moving and storage of personal property left on the premises. The motion must be filed within 20 days after the
summary order for removal of the tenant or the abandonment of the premises by the tenant, or within 20 days after:
(a) The tenant has vacated or been removed fromthe premises; and
(b) A copy of those charges has been requested by or provided to the tenant,
whichever is later.
8. Upon the filing of a motion pursuant to subsection 7, the court shall schedule a hearing on the motion. The hearing must be
held within 10 days after the filing of the motion. The court shall affix the date of the hearing to the motion and order a copy
served upon the landlord by the sheriff, constable or other process server. At the hearing, the court may:
(a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118.207 or 118A.460 and any accumulating daily costs; and
(b) Order the release of the tenants property upon the payment of the charges determined to be due or if no charges are determined to
be due.
Landlord Merliss filed only a No Cause Notice of Eviction in REV2011-001708 on Commercial Tenant Zach Coughlin, Esq.'s law office.
As such, a Summary Eviction Proceeding is impermissible given the requirement of NRS 40.253 that the Notice alleged non-payment of
rent to allow the landlord to proceed under the Summary Eviction Proceeding section, NRS 40.253. Further, Judge Sferrazza was
precluded from ruling on anything other than possession of the premises pursuant to NRS 40.253(6), Anvui, and Glazier. Further, the
tenancy did not terminate under the Lease Agreement, it ws renewed.
NRS 40.254 Unlawful detainer: Supplemental remedy of summary eviction and exclusion of tenant from certain types of property.
Except as otherwise provided by specific statute, in addition to the remedy provided in NRS 40.251 and in NRS 40.290 to 40.420, inclusive,
when the tenant of a dwelling unit which is subject to the provisions of chapter 118A of NRS, part of a low-rent housing program operated
by a public housing authority, a mobile home or a recreational vehicle is guilty of an unlawful detainer, the landlord is entitled to the
summary procedures provided in NRS 40.253 except that:
1. Written notice to surrender the premises must:...(e) A statement that the claim for relief was authorized by law.
As such, the too early lockout brings into play the following:
NRS 118A.390 Unlawful removal or exclusion of tenant or willful interruption of essential services; procedure for expedited relief.
1. If the landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the
tenants entry upon the premises or willfully interrupts or causes or permits the interruption of any essential service required by
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01378
the rental agreement or this chapter, the tenant may recover immediate possession pursuant to subsection 4, proceed under NRS
118A.380 or terminate the rental agreement and, in addition to any other remedy, recover the tenants actual damages, receive an
amount not greater than $1,000 to be fixed by the court, or both.
2. In determining the amount, if any, to be awarded under subsection 1, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harmto the tenant caused by the landlords conduct.
3. If the rental agreement is terminated pursuant to subsection 1, the landlord shall return all prepaid rent and security recoverable under
this chapter.
4. Except as otherwise provided in subsection 5, the tenant may recover immediatepossession of the premises from the landlord by filing a
verified complaint for expedited relief for the unlawful removal or exclusion of the tenant fromthe premises or the willful interruption of
essential services.
5. A verified complaint for expedited relief:
(a) Must be filed with the court within 5 judicial days after the date of the unlawful act by the landlord, and the verified complaint must be
dismissed if it is not timely filed. If the verified complaint for expedited relief is dismissed pursuant to this paragraph, the tenant retains the
right to pursue all other available remedies against the landlord.
(b) May not be filed with the court if an action for summary eviction or unlawful detainer is already pending between the landlord and
tenant, but the tenant may seek similar relief before the judge presiding over the pending action.
6. The court shall conduct a hearing on the verified complaint for expedited relief within 3 judicial days after the filing of the verified
complaint for expedited relief. Before or at the scheduled hearing, the tenant must provide proof that the landlord has been properly served
with a copy of the verified complaint for expedited relief. Upon the hearing, if it is determined that the landlord has violated any of the
provisions of subsection 1, the court may:
(a) Order the landlord to restore to the tenant the premises or essential services, or both;
(b) Award damages pursuant to subsection 1; and
(c) Enjoin the landlord fromviolating the provisions of subsection 1 and, if the circumstances so warrant, hold the landlord in contempt of
court.
7. The payment of all costs and official fees must be deferred for any tenant who files a verified complaint for expedited relief. After any
hearing and not later than final disposition of the filing or order, the court shall assess the costs and fees against the party that does not
prevail, except that the court may reduce themor waive them, as justice may require.



NRS 118A.090 Exclude defined. Exclude means to evict or to prohibit entry by locking doors or by otherwise blocking or attempting to block entry,
or to make a dwelling unit uninhabitable by interrupting or causing the interruption of electric, gas, water or other essential services.
ALL PAPERS AND PLEADINGS AND CORRESPONDENCS PREVIOUSLY SUBMITTED TO THE RENO JUSTICE COURT AND OR ITS EMPLOYEES IS HEREBY
INCORPORATED BY REFERENCE INTO THIS FILING.
NRS 118A.190: Notice: Definition; service.
1. A person has notice of a fact if:
(a) The person has actual knowledge of it;
(b) The person has received a notice or notification of it; or
(c) From all the facts and circumstances the person reasonably should know that it exists.
2. Written notices to the tenant prescribed by this chapter shall be served in the manner provided by NRS 40.280.
3. Written notices to the landlord prescribed by this chapter may be delivered or mailed to the place of business of the landlord designated in the rental
agreement or to any place held out by the landlord as the place for the receipt of rental payments from the tenant and are effective from the date of
delivery or mailing.
NRS 40.280 Service of notices to quit; proof required before issuance of order to remove.
1. Except as otherwise provided in NRS 40.253, the notices required by NRS 40.251 to 40.260, inclusive, may be served:
(a) By delivering a copy to the tenant personally, in the presence of a witness;
(b) If the tenant is absent from the tenants place of residence or from the tenants usual place of business, by leaving a copy with a person of suitable
age and discretion at either place and mailing a copy to the tenant at the tenants place of residence or place of business; or
(c) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a
conspicuous place on the leased property, delivering a copy to a person there residing, if the person can be found, and mailing a copy to the tenant at
the place where the leased property is situated.
I did not receive any of the emails allegedly sent to my from Richard Hill's email address, rhill@richardhillaw.com between August 18
th
, 2011 to
November 17
th
, 2011, and certainly none from rhill@richardhillaw.com during the period between the illegal lockout at 4:30 pm November 1, 2011 and
the trespass arrest of November 13
th
, 2011 which allegedly spoke to my being provided access to the property for the purpose of my removing my
belongings, despite my numerous calls and written requests, which outlined the exigencies inherent to my being precluded access to my client files
incident to an unlawful and improperly notice and too early occurring lockout by the WCSO. I and my business have been damaged greatly by these
acts. Further, I had repeatedly sent both Baker and Hill notice, in writing, that I did not consent to service or notice of anything via electronic means.
Further NRS 118A.190 does not speak to notice of a legal finding, but rather to notice of a fact. As such, I was not appropriately served notice of the
Order of Summary Eviction, and an illegal lockout occurred, as such no criminal trespass charge can stand.
NRS 118A.260 Disclosure of names and addresses of managers and owners; emergency telephone number; service of process.
1. The landlord, or any person authorized to enter into a rental agreement on his or her behalf, shall disclose to the tenant in writing at or before the
commencement of the tenancy:
(a) The name and address of:
(1) The persons authorized to manage the premises;
(2) A person within this State authorized to act for and on behalf of the landlord for the purpose of service of process and receiving notices and
demands; and
(3) The principal or corporate owner.
(b) A telephone number at which a responsible person who resides in the county or within 60 miles of where the premises are located may be called in
case of emergency.
2 The information required to be furnished by this section must be kept current and this section is enforceable against any successor landlord or
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01379

FW: THIS COULD WIN THE CASE IN 11 CR 26405 2I
manager of the premises.
3. A party who enters into a rental agreement on behalf of the landlord and fails to comply with this section is an agent of the landlord for purposes of:
(a) Service of process and receiving notices and demands; and
(b) Performing the obligations of the landlord under law and under the rental agreement.
4. In any action against a landlord which involves his or her rental property, service of process upon the manager of the property or a person described
in paragraph (a) of subsection 1 shall be deemed to be service upon the landlord. The obligations of the landlord devolve upon the persons authorized
to enter into a rental agreement on his or her behalf.
5. This section does not limit or remove the liability of an undisclosed landlord.
NRS 40.310 Issue of fact to be tried by jury if proper demand made. Whenever an issue of fact is presented by the pleadings, it shall be tried by a jury, if
proper demand is made pursuant to the Nevada Rules of Civil Procedure or the Justice Court Rules of Civil Procedure



Actually, a lot of people seemed confused regarding the 24 hours lockout thing. The only appearance in either NRS 118A or NRS 40, in the provisions
applicable to Summary Eviction Proceedings of anything related to 24 hours is in NRS 40.253(5), which only speaks to a situation where the Tenant
does not file a Tenant's Answer or Tenant's Affidavit, which is clearly inapplicable here, as the Tenant did file such a Opposition to the No Cause Eviction
Notice: 5. Upon noncompliance with the notice:
(a) The landlord or the landlords agent may apply by affidavit of complaint for eviction to the justice court of the township in which the dwelling,
apartment, mobile home or commercial premises are located or to the district court of the county in which the dwelling, apartment, mobile home or
commercial premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an order directing the sheriff or
constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit must state or contain...
So, absent some statutory provision allowing the Order of Summary Eviction to result in a lockout by the Washoe County Sheriff's Office prior to the 3
days for mailing where personal service of the Order of Summary Eviction was not effectuated, despite what WCSO employee may have incorrectly (or
falsely) asserted in the WCSO's John Machem's Affidavit of Service from, file stamped November 7, 2011 (especially where it is timestamped 4:30 pm,
November 1, 2011, especially where the Order of Summary Eviction explicitly reads that no such lockout shall occur prior to 5:00 pm on November 1,
2011). See, NRCP 5(b)(2)(A)(i-iii), NRCP 6(e).
Interestingly, Richard Hill knows his case is toast under NRCP 5(b)(2)(A)(i-iii), NRCP 6(e), in addition to NRCP 11. That is why in
Richard Hill's November 21, 2011 Motion for Order To Show Cause, on page 2, Hills resorts to literally grasping at straws, imagining that
what the Washoe County Sheriff's Office customarily does is somehow automatically codified into mandatory precedent black letter law.
To wit, Richard Hill wrote in his Motion For Order To Show Cause that: FACTS SHOWING CONTEMPT OF COURT 6. EXHIBIT
1 was served on Coughlin on November " 2011 by the Washoe County Sheriffs Department, by posting same on the front door of the
property in the manner customary for evictions in Washoe County. The locks to the premises were changed at that time, thereby ejecting
and dispossessing Coughlin of possession of the Property. Further, therein Richard Hill admits that the lockout occurred at 4:30 pm, as
indicated in writing in the WCSO's Machem's Affidavit of Service, contra to the mandate of J udge Sferrazza's Order of Summary Eviction
requiring any lockout to occur after 5:00 pm, November 1, 2011.
Sincerely,

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473


Sincerely,

Zach Coughlin, Esq.



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other applicable privilege.

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01380
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Wed 12/14/11 5:39 AM
To: puenteslaw@aol.com
5 attachments
11 1 2011 Affidavit of Service, Notice of Entry of Order, and Order for Summary Eviction Rev2011-001708.pdf (7.8 MB) , Affidavit of Service
Sheriff's Machen 4 30 pm 11 1 2011.pdf (555.1 KB) , 12 14 11 fax to Puentes ISSUES THAT CAN WIN THE CASE.pdf (144.2 KB) , 11 21 11
Declaration of Richard Hill attach to his M for OSC (11-21-11) Compare to Police Reports and deposition of RPD's Carter and Lopez and
Merliss.pdf (791.4 KB) , 11 21 2011 REV2011-00178 RICHARD HILL'S M for OSC (11-21-11).pdf (711.7 KB)
Hi Mr. Puentes,

What is inconsistent in the discovery you provided me and Hill's Motion to Show Cause? I am
interested to see what you come up with and who you would want to ask what questions. I went to the
University of Washington too, for awhile at least, year round from 9/95 to 12/96.

Hill's Declaration in his 11 21, 2011 Motion to Show Cause indicates that:
"DECLARATION OF RICHARD G. HILL, ESQ.
RICHARD G. HILL, ESQ., being first duly sworn, deposes and under penalty
of perjury avers:
1. I am a resident of the City of Reno, County of Washoe, State of Nevada,
and over 18 years of age. This declaration is based on my personal knowledge, exceptthose
matters stated on information and belief, and as to those items I believe them to be true.
This declaration is made in support of plaintiffs Motion for Contempt Citation, and
represents my testimony if called on to present same in court.
2. I am an attorney duly licensed as such by the State of Nevada to practice
before all courts of this State and maintain my office at 652 Forest Street, Reno, Nevada.
I am also licensed to practice before the United States District Court for the District of
Nevada, the Ninth Circuit Court of Appeals and the United States Supreme Court.
III
3. My office represents the plaintiff, Dr. Matthew Merliss, in this matter.
4. On October 27, 2011, this court signed a summary eviction order, and on
November 1, 2011, the Washoe County Sheriff's Department served that order. The notice
was posted on the door of the home by the Washoe County Sheriff's Department in the
manner customary in Washoe County for evictions. The locks on the front door and back
door were changed, and we retained all keys to the home.
5. After that date, I began to notice that it looked like somebody had been
getting into the home. On approximately November 4, 2011, I became concerned about the
home and its contents. I entered it and was able to confirm that "somebody" had been
getting in. I thought I had secured the means of entry being used by whoever it was that
was getting in. However, on later visits to the home, it was clear that the home was still
being surreptitiously accessed.
6. On November 13, 2011, Dr. Merliss came to Reno because he wanted to
inspect the home. Upon entry, it was clear that somebody had again accessed the home.
7. We tried to enter the basement and found the door was barricaded, not
locked, from the inside. We were concerned that whoever had been accessing the home was
inside, so we called the police.
8. When the police arrived, they agreed with us that it was very likely that
somebody was barricaded in the basement. The police tried to coax the personto come out,
but without success.
9. When the police declined to break down the door, Dr. Merliss did so. The
police looked inside and discovered the defendant, Zachary Coughlin, and his dog.
10. Coughlin came out peacefully, went upstairs and was placed under arrest
by the police for trespassing.
11. After Coughlin was taken to jail, Dr. Merliss and I tried to videotape the
contents ofthe basement where Coughlin had been hiding. It was too dark to effectively
videotape, but we were able to ascertain that Coughlin and his dog have been living. in the
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01381
III
basement of the home for quite some time, likely even before the lockout. Iobserved that
Coughlin had a bed set up. He had several computer monitors. He had a store of both food
and water. He had electric space heaters.
12. Since the eviction order was served, my associate, Mr. Baker, and I had
sent numerous emails to Coughlin, in which we both repeatedly made it clear to him that
he was not to be at the home without our prior permission. No such permission was given.
Mr. Coughlin had no reason to possibly think he was permitted on the property. We had
tried to coax him to cooperate on getting his possessions out, without success, or even a
response.
13. As a result of Mr. Coughlin's break-ins, Dr. Merliss has incurred a bill of
$1,060 with a licensed contractor to secure the premises. That does not include the cost of
the door that was broken in order to get Coughlin out. That does not include the numerous
hours of me and my staff to deal with Mr. Coughlin's repeated break-ins at the home.
14. I am no expert, but I believe Mr. Coughlin is what is called a "hoarder."
He has many car seats throughout the house. He has many dead televisions. He has a box
of car window servo motors. The attic, which can only be accessed through a very narrow
opening, is full of items, including dead electronic devices.
15. We have found drugs at the home. We found a bag of what looks like
marijuana on the kitchen counter. I found a crack pipe. The contractor found what he said
was a large quantity of pills.
16. Mr. Coughlin has been harassing and stalking me, and possibly, my staff.
On November 15, 2011, he burst intomy office and created a scene. Then, he was parading
up and down the sidewalk across the street with a video camera screaming obscenities at
me and my staff.
III
II I
III
17. I declare under penalty of perjury that the foregoing is true and correct..."
But RPD Officer Carter wrote in his Supplemental Declaration: "On November 13, 2011 at
approximately 1200 hours I responded to 121 River Rock St, Reno, on a report of an
unwanted subject in the home. I arrived on scene with Sgt Lopez and we met with the RIP. Richard Hill,
who told
us the following:Richard is a local attorney who is representing the home owner, Matthew Merliss.
Matthew filed eviction papers on
his tenant, Zachary Coughlin, at 121 River Rock St last month and they were served at the home by
leaving them
on the door. The eviction papers stated that Zachary was to vacate the property on November 1, 2011 .
Matthew has been to the house several times over the past week and has observed evidence of someone
coming
and going. Today he was at the house and found the basement door to be locked from inside.
Matthew contacted Richard who responded and called the police.
Sgt Lopez and I knocked on the basement door and announced loudly "Reno Police" and called out for
Zachary to
open the door. We were met with no response. Matthew decided he would kick the door open, and did
so.
I entered the doorway of the basement and found Zachary standing at the rear of the room holding a
small dog.
He was hesitant to come out and eventually did so.
Zachary came upstairs and instantly started arguing his legal standing in the house, asking me
"hypothetically
speaking" type questions. He then told me I was making a false arrest due to the fact that I am on
Richard Hill's
payroll and he was going to sue me.
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01382
I tried to explain to Zachary that he was seNed eviction papers and he asked me what I could do about it
if he
hypothetically didn't get them . He then told me that he had worked a deal with Matthew to continue
paying rent
and that the legal eviction was no longer val id.
I again tried to explain to Zachary that a judge had signed anorder forcing him to leave the property and
all he did
was cite civil case law to me (l'm unsure if any of the cases he was rambling on about even exist) and
tell me that
I was making a bad arrest.
Due to Zachary not believing he has done anything wrong that the fact he believes he still has standing
there is
reasonable grounds to believe Zachary will return to the house. Therefore he did not qualify for a
misdemeanor
citation.
Richard completed a statement on Matthews' behalf and signed a criminal complaint.
Zachary was transported and booked into the Washoe County Jail without incident for
Trespassing...."Further, Richard Hill's own Written Statment of 11 13, 2011, provided to the RPD writes
that "We evicted Coughlin. The papers were posted by WCSO on 11/1/11 We have observed evidence
that he was coming and going...."

Why didn't Merliss make a Written Statement. Was Merliss really in Reno during the time frame to
observe what Hill asserts Merliss observed in Hill's Declaration of 11 21, 2011? What other holes do
you see?

Hills 11 21, 2011 Declaration states that: "6. OnNovember 13, 2011, Dr. Merliss came to Reno because
he wanted to
inspect the home. Upon entry, it was clear that somebody had again accessed the home.
7. We tried to enter the basement and found the door was barricaded, not
locked, from the inside. We were concerned that whoever had been accessing the home was
inside, so we called the police.
8. When the police arrived, they agreed with us that it was very likely that
somebody was barricaded in the basement. The police tried to coax the person to come out,
but without success.
9. When the police declined to break down the door, Dr. Merliss did so. The
police looked inside and discovered the defendant, Zachary Coughlin, and his dog.
10. Coughlin came out peacefully, went upstairs and was placed under arrest
by the police for trespassing."

However, RPD Officer Carter's Narrative, on page 3 of 3 from his November 14th, 2011 Report
writes that: "Matthew has been to the house several times over the past week and has
observed evidence of someone coming and going. Today he was at the house and found the
basement door to be locked from inside.
Matthew contacted Richard who responded and called the police.
Sgt Lopez and I knocked on the basement door and announced loudly "Reno Police" and
called out for Zachary to open the door. We were met with no response. Matthew decided he
would kick the door open, and did so.
I entered the doorway of the basement and found Zachary standing at the rear of the room
holding a small dog.
He was hesitant to come out and eventually did so."

Hill's Declaration contains nothing about this "reluctance" RPD Officer Carter mentions
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01383

FW: 121 River Rock
Further, Hill's Declaration makes no mention of Merliss's noticing anything at the property or
any trips by Merliss to the property, in marked contrast to RPD Officer's Carter writing that
"Matthew has been to the house several times over the past week and has observed evidence
of someone coming and going." Additionally, Merliss picked up my dog and held it in his
hands close to his body and demanded that I let him have it, and the RPD Officers did nothing
about it, further, Merliss was taunting me during the arrest demanding I give him "some more
eye contact", accusing me of costing him $20,000 for the informed consent wrong site legal
surgery that was Hill's billing of $20K in a Summary Eviction Proceeding where JCRCP 3 and
NRS 69.030 preclude an award of fees, etc. Notice Hill's Declaration only writes that "the police
tried to coax the person out" but clearly does not corroborate RPD's Carter's assertion that the
RPD announced itself as police prior to the door being kicked down. Hills Written Statement
that the eviction papers were "served" by the WCSO "leaving them on the door" is a violation
of NRCP 11 and leaves him and his client liable for the wrongful arrest and defamation that
occurred incident to RPD's actions.

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



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confidential information intended for thespecified individual (s) only. If you arenot theintended recipient or an agent responsiblefor delivering it to theintended
recipient, you arehereby notified that you havereceived this document in error and that any review, dissemination, copying, or thetaking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that is
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other applicable privilege.


From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sat 12/17/11 12:15 AM
To: ballardd@reno.gov; howardk@reno.gov; robertsp@reno.gov; renomunirecords@reno.gov; hazlett-stevensc@reno.gov; puenteslaw@aol.com

Unbelievable. The idea that exculpating evidence is being withheld under some "lien" is transmitted into the universe, next thing I know, my law office
is broken in to and the Richard B. Hill gang is stil asserting a lien on property that was stolen, in my opinion,as a result of their own negligence, leaving
a window air conditioner unit in a window, without even putting a window jam between the top of the sill and lower pain, facing a sidewalk a block
from the Lakemill Lodge and across from City Center Apartments, great. Great. And I still have not been faxed or appropriately served the Order and
Contempt OrderI was told would be faxed to me.

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
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01384
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



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destroy any copies in any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or
other applicable privilege.



From: zachcoughlin@hotmail.com
To: cdbaker@richardhillaw.com; knielsen@richardhillaw.com; sgallagher@richardhillaw.com
Subject: RE: 121 River Rock
Date: Wed, 14 Dec 2011 15:43:38 -0800

Dear Mr. Baker,

I drove by the property recently and saw you had added boarding up the front door on very, very recently. Unfortunately, your client and your firm,
despite billing up some $1,060 for "securing" the property on top of charging $900 for storage for what could fit inside a 10x20 foot storage shed,
never once providing an inventory, and contributing to a wrongful arrest and defamation causing me and my clients great damage, failed to take even
basic steps to secure the property, despite my making numerous written requests that you do so, including, but not limited to, taking the damn window
unit air conditioner out of the window facing the sidewalk on the side of the house very close to the damn Lakemill Lodge, or even putting a strong
stick in between the bottom sliding window pain and the top of the sill to prevent someone from simply pushing in the window unit air conditioner and
pushing the window up to gain access. Further, a blanket that was on the orange circular couch is clearly in the flower bed in front of the house.
Additionally, there are reports that someone with your office gave someone a mattress from the inventory of Coughlin Memory Foam (a Nevada
licensed business located at the property) and an expensive mattress platform has clearly been damaged and placed in the flower bed as well, in
addition to one of the wooden porch shades being removed from the front porch. You and your client are, of course, liable for all of this.

Sincerely,

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



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From: cdbaker@richardhillaw.com
To: zachcoughlin@hotmail.com
CC: rhill@richardhillaw.com
Subject: 121 River Rock
Date: Wed, 14 Dec 2011 13:50:02 -0800

Page 19of 26 Hotmail Print Message
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01385

need to communicate with you regarding my requests
Mr. Coughlin:

The River Rock property has been broken into. We believe the break-in occurred sometime on Monday, December 12, 2011. There appear to be items
missing, including the TV in the living room, perhaps a computer monitor, and perhaps some stereo equipment. I cant tell what else. The contents of
the residence appear to have been rifled through.

I am providing you with this information as a courtesy. This email does NOT constitute permission for you to go to the River Rock property.

Casey D. Baker, Esq.
Richard G. Hill, Chartered
652 Forest Street
Reno, Nevada 89509
Phone: (775) 348-0888
Fax: (775) 348-0858
Email: cdbaker@richardhillaw.com

CONFIDENTIAL: ATTORNEY WORK PRODUCT; ATTORNEY-CLIENT PRIVILEGE
This e-mail may contain legally privileged or confidential information. If you are not the intended recipient, please do not read, copy, use, or disclose this communication to anyone other than the
intended recipient. If you have received this message in error, please notify the sender and delete the email message from your system. Thank you.
Circular 230 Notice.
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be
used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed
herein.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Mon 12/26/11 3:52 PM
To: puenteslaw@aol.com

Dear Mr. Puentes,
I called you just now and left a message. I have received nothing from you in regard to my written requests for action on your part and for information
in connection with the matter for which you are attorney of record RMC 11 CR 22185 2I.

Please respond in writing.

Sincerely,

Zach Coughlin, Esq.
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



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01386

scope of representation

new address for me
recipient, you arehereby notified that you havereceived this document in error and that any review, dissemination, copying, or thetaking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named recipient(s) and may contain information that is
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other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Fri 12/30/11 10:36 PM
To: puenteslaw@aol.com
Dear Mr. Puentes,
Please move for a continuance immediately in this matter, set for trial on J anuary 10th, 2011. You
assured me in person at our meeting at your office that you would be able to get one, and I definitely
want and need one, and RMCR indicates there are certain deadlines for moving for one, which I have
already asked you to do in writing.

I am upset that you slammed down the telephone ended our telephone conversation abruptly when we
spoke yesterday, immediately after I asked you to provide something in writing outlining the scope of
your representation of me. I wish for you to prepare and file (after receiving express prior written
authorization from me upon review of your drafts) the Motion to Supress and Motions in Limine I
previously request that you file, in addition to subpoening Dr. Merliss, Richard Hill, both RPD Officers
at the scene of the trespassing arrest, and a subpoena duces tecume to the Law Office of Richard Hill,
the RPD, and Dr. Merliss demanding any and all documentation and or media at all connected with this
matter in any way. Further you indicated that you had not even attempted to view the discovery
produced by the Reno City Attorney, nor did you have any interest in seeing anything I might have to
show you. That was enormously upsetting to me, as any sentient human being might reasonably be
expected to anticipate. Please note my new address. Please file a conflict motion seeking to make the
Reno City Atty recuse itself in light of the conflicts of interest incident to the various arrests and torts
against me committed by the RPD and Reno City Attorney.

Sincerely,


Zach Coughlin, Esq.
1422 E. 9th St.
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documents arecovered by theelectronic Communications Privacy Act, 18 U.S.C. 2510-2521, and may contain
confidential information intended for thespecified individual (s) only. If you arenot theintended recipient or an agent responsiblefor delivering it to theintended
recipient, you arehereby notified that you havereceived this document in error and that any review, dissemination, copying, or thetaking of any action based on the
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01387

Pendency of Criminal Prosecution as Ground for Continuance or Postponement
of Civil Action Involving Facts or Transactions upon which Prosecution Is
PredicatedState CasesPendency of Criminal Prosecution as Ground for
Continuance or Postponement of Civil
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sat 12/31/11 1:32 AM
To: puenteslaw@aol.com



Zach Coughlin, Esq.
1422 E. 9th St. #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documentsarecovered by theelectronic CommunicationsPrivacy Act, 18 U.S.C. 2510-2521, andmay contain confidential information intended for the
specifiedindividual (s) only. If you arenot theintendedrecipient or an agent responsiblefor delivering it to theintended recipient, you areherebynotifiedthat you havereceived thisdocument in error andthat
any review, dissemination, copying, or thetaking of any action based on thecontentsof thisinformation isstrictly prohibited. This message is confidential, intended only for the named recipient
(s) and may contain information that is privileged, attorney work product or exempt fromdisclosure under applicable law. If you are not the intended recipient(s), you are
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From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sat 12/31/11 8:14 PM
To: puenteslaw@aol.com
2 attachments
jail time counsel sixth amendment possibility misdemeanor.pdf (3.1 MB) , fifth amendment right civil proceeding parallel.pdf (2.6 MB)
Pendency of Criminal Prosecution as Ground for Continuance or Postponement of Civil
Action Involving Facts or Transactions upon which Prosecution Is PredicatedState
Cases...37 A.L.R.6th 511 (Originally published in 2008)
;please find that ALR attached, perhaps it speaks to the res gestae and or stay during the pendency of the
civil appeal we discussed vis a vis the criminal trespass charge


Zach Coughlin, Esq.
1422 E. 9th St. #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documentsarecovered by theelectronic CommunicationsPrivacy Act, 18 U.S.C. 2510-2521, andmay contain confidential information intended for the
specifiedindividual (s) only. If you arenot theintendedrecipient or an agent responsiblefor delivering it to theintended recipient, you areherebynotifiedthat you havereceived thisdocument in error andthat
any review, dissemination, copying, or thetaking of any action based on thecontentsof thisinformation isstrictly prohibited. This message is confidential, intended only for the named recipient
(s) and may contain information that is privileged, attorney work product or exempt fromdisclosure under applicable law. If you are not the intended recipient(s), you are
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Page 22of 26 Hotmail Print Message
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01388

Is Roberto Puentes on Youtube.com? also more motivation for you in this case

Zach Coughlin has shared a folder with you.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Sat 12/31/11 9:19 PM
To: puenteslaw@aol.com
10 attachments
Legal malpractice in defense of criminal prosecution.pdf (6.7 MB) , Public Defender's Immunity from Liability for Malpractice.pdf (4.0 MB) ,
process server fraud harass trespass.pdf (3.1 MB) , f_Circumstances giving rise to prejudicial conflict of interests between criminal defendant.pdf
(2.7 MB) , public defender liability.pdf (2.2 MB) , conflicts with PUBLIC DEFENDER EMPLOYEES.pdf (2.0 MB) , Civil liability of attorney for abuse
of process process server trespass fraud.pdf (1925.1 KB) , process server abuse harass trespass.pdf (1816.6 KB) , Trespass state prosecution for
unauthorized entry or occupation, for public demonstration purposes, of business, industrial, or utility premises.pdf (339.6 KB) , SUBPOENA TO
TESTIFY AT A HEARING OR TRIAL IN A CRIMINAL CASE.pdf (281.9 KB)
Hi Mr. Puentes,
I know you have repeatedly told me you could care less to watch any youtube.com videos, regardless of
whether they prove my innocence or whatever, however, I think you might need to watch some of these:
http://www.youtube.com/results?
search_query=nevada+court+services&oq=nevada+court+services&aq=f&aqi=&aql=&gs_sm=e&gs_upl=18l3308l0l3556l19l15l0l9l0l1l311l1375l0.1.4.1l6l0

It seems Nevada Court Services, which shares an office and a receptionist with the former appointed public defender for this case representing me, Lew
Taitel, Esq, who departed from RMC Rules by failing to file a Motion to Withdraw when he sought to and failed to disclose the conflict of interest that
he failed to prevent his taking on my case and reviewing ultra personal information, that is directly connected to the subject matter of the litigation
from which the conflict arises as well as the defense of the suit you and he have both appeared as attorney of record in, this trespass case. I don't think
you are on any of the videos, but there are so many ultra zealous documentary filmmakers these days that I cannot be sure.

Anyways, Lew Taitel, as I have indicated to you in writing, is listed as "associated with" Nevada Court Services, on their website, with his picture. They
share and office and a receptionist, and perhaps others staff, in the office across from the former Chocolate Bar. PERHAPS MOST IMPORTANTLY OF
ALL, AND SOMETHING I WANT YOU TO LITIGATE AGGREsSIVELY (CLIENT CONTROLS MEANS AND OBJECTIVES OF A LITIGATION, WHETHER
APPOINTED ATTORNEY LIKES IT OR NOT) IS THAT NEVADA COURT SERVICES, INCLUDE ITS PROCESS SERVER JOEL DURDEN, CAN BE SEEN
TRESPASSING ONTO MY PROPERTY AND OTHERWISE ASSAULTING, HARASSING, AND VEXING ME, BEHIND MY BACK GATE, NO LESS IN THE VIDEOS
FOUND AT THE LINK ABOVE.

PLEASE DISCLOSE ANY CONFLICTS OR PREVIOUS WORKING RELATIONSHIPS YOU HAVE WITH ANY OF THE RENO CITY ATTORNEY, RPD, RENO
MUNICIPAL COURT STAFF, RICHARD HILL, OR ANY OTHER INDIVIDUALS WITH WHOM YOU HAVE HAD PRIOR DEALINGS AND THEREFOR MAY
PRESENT A SITUATION WHERE A CONFLICT OF INTEREST ARISES.

Sincerely,



Zach Coughlin, Esq.
1422 E. 9th St. #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documentsarecovered by theelectronic CommunicationsPrivacy Act, 18 U.S.C. 2510-2521, andmay contain confidential information intended for the
specifiedindividual (s) only. If you arenot theintendedrecipient or an agent responsiblefor delivering it to theintended recipient, you arehereby notifiedthat you havereceived thisdocument in error andthat
any review, dissemination, copying, or thetaking of any action based on thecontentsof thisinformation isstrictly prohibited. This message is confidential, intended only for the named recipient
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From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Thu 1/05/12 8:22 AM
Page 23of 26 Hotmail Print Message
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01389

video of trespass arrest
To: puenteslaw@aol.com
Dear Mr. Puentes, Please let me know, in writing, the status of the Motion For Continuance you indicated you would both file and which you felt sure
would be obtained, either through written stipulation with opposing counsel of by Order of the RMC
Zach has 14 files to share with you on SkyDrive. To view them, click the links below.
zach's arrest 001.avi
zach's arrest 002.avi
zach's arrest 003.avi
zach's arrest 004.avi
zach's arrest 005.avi
zach's arrest 006.avi
zach's arrest 007.avi
zach's arrest 008.avi
zach's arrest 009.avi
zach's arrest 010.avi
zach's arrest 011.avi
zach's arrest 012.avi
zach's arrest 013.avi
zach's arrest 014.avi
Download all
Share your files with
From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Thu 1/05/12 8:43 AM
To: puenteslaw@aol.com
1 attachment
zach's arrest 009.flv (10.4 MB)
https://skydrive.live.com/redir.aspx?cid=43084638f32f5f28&resid=43084638F32F5F28!1050&parid=43084638F32F5F28!117&authkey=!ACPUJSqi94trtcY


Dear Mr. Puentes,

Please provide an indication, in writing, as to the status of the continuance of the upcoming trespass trial, which you indicated would be obtained.

Sincerely,


Zach Coughlin, Esq.
1422 E. 9th St. #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



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01390

another video of the arrest which lacks anyone telling Coughlin to leave or
seeking to issue a citation in lieu of custodial arrest

ARRESTED FOR JAYWALKING BY RENO PD
** Notice** This messageand accompanying documentsarecovered by theelectronic CommunicationsPrivacy Act, 18 U.S.C. 2510-2521, andmay contain confidential information intended for the
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From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Thu 1/05/12 3:26 PM
To: puenteslaw@aol.com
1 attachment
zach's arrest 011.flv (16.2 MB)



Zach Coughlin, Esq.
1422 E. 9th St. #2
RENO, NV 89512
tel: 775 338 8118
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473



** Notice** This messageand accompanying documentsarecovered by theelectronic CommunicationsPrivacy Act, 18 U.S.C. 2510-2521, andmay contain confidential information intended for the
specifiedindividual (s) only. If you arenot theintendedrecipient or an agent responsiblefor delivering it to theintended recipient, you areherebynotifiedthat you havereceived thisdocument in error andthat
any review, dissemination, copying, or thetaking of any action based on thecontentsof thisinformation isstrictly prohibited. This message is confidential, intended only for the named recipient
(s) and may contain information that is privileged, attorney work product or exempt fromdisclosure under applicable law. If you are not the intended recipient(s), you are
notified that any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited and may be
unlawful. If you receive this message in error, or are not the named recipient(s), please notify the sender, delete this e-mail from your computer, and destroy any copies in
any form immediately. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege.

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Fri 1/13/12 7:49 AM
To: peteeastman@gmail.com; tcoughlinmd@hotmail.com; marybarkbark@yahoo.com; carcoughster@gmail.com; melissa.l.ulloa@gmail.com;
tjhlaw@eschelon.com; geofgiles@hotmail.com; teddyjames25@gmail.com; jgoodnight@washoecounty.us; puenteslaw@aol.com
1 attachment
SUPPLEMENTAL REPLY TO OPPOSITION CV08-01709 1 13 12.pdf (162.9 KB)
Nevada Courts Services CEO Jeff Chandler drove by the scene while I was in the patrol car. I am suing
Nevada Court Services incident to their trespassing into my backyard and banging on windows and
ringing doorbells in teams for 40 minutes at a clip three times a day on Richard HIlls behalf. Mr.
Puentes, as my court appointed defender in the trespass action against me (arrested at Richard Hill's
behest by an RPD Officer would said Hill pays him money) you recently informed me you have ties to
Nevada Court Services and Lew Taitel, the court appointed defender whom mysteriously was able to
withdraw from my representation prior to your involvement despite not filing a motion in compliance
with Reno Municipal Court Rules, nor any Order granting such a withdrawal being filed. Can you
clarify your, in your words "extremely close relationship with Lew Taitel" and your "business
relationship" with Nevada Court Services?

Sincerely


Page 25of 26 Hotmail Print Message
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01391
To: 84599357-JD7e-4bdb-93ac-6Sc32ba
Hotmail Print Message
From: zachcoughlin 2-16-12 8:10am p. 35 of 35
Page 26 of26

Zac h Coughlin, Esq.
1422 E. 9th Sl '2
RENO. NV 8951.2
tel: 7753388118
fax: 949667 7402
Za.chCoughlin@hounail.com
Nevada B8I'No: 9473
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'P.ciridi",sYidW (.) oob. U,.I,. ..... ifll d,..cipicll ... aaMlrapouibi. (til dlli ... ..... clnciJli"'t. , .... htreby ad.d,tIe'JOQ k ncei ..,.",.dIwu"..f1ti" fltorlntltJria
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http: /;by 148w. bay 148.mail.li ve.c om/maillPrintM"ssages.aspx?cpids=ccS9 Sd46-b 7644dS6- ...
21212012
01392
01392
To: B\599357-307e-4bdb-93ac-65c32ba
From: zachcough11n
12-19-11 5:24pm p. 91 of 92
1
have passed since Keller's 1990 Arizona bankrutpcy filing, much less that complete and utter absence
2 of a nexus between that filing and the 1995 Judgment in Texas, to say nothing of the reputation the
3
Cadle Company have developed in State and beyond for scurrilous, vexatious litigation, the standards
4
of Rule 15 should yield an Order denying Plaintiff's Motion to Amend their Complaint.
5
III.
6
CONCLUSION
7
For the reasons cited above, Defendant respectfully requests that this Court enter an Order
8
9
denying The Cadle Company's Motion to amend its Adversary Complaint and perhaps consider
10
whether Keller is due something for his trouble in opposing a motion that didn't bother to cite to
11 much in the way of legal authority in support of its contentions.
12
DATED this 23rd day of November , 2011.
13
14
15
16 lsi Zachary Barker Coughlin
Zachary Barker Coughlin, Esq.
17 Attorney for Defendant
18
19
20
21
22
23
24
25
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28
- 13 -
oPPOS:rTJ:ON TO WUON '1'0 NGND COHPLA];N'l IN APVJiRSARX PIlOCliIP:tNG
01393
01393
To: 84599351-3D7e-4bdb-93ac-65c32ba
From: zachcoughlln
12-19-11 5:24pm p. 92 of 92
-
1
2
3
4
5
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CERTIFICATE OF SERVICE AND MAILING
I HEREBY CERTIFY that on November 23" 2011 a true and correct copy of the foregoing was filed
in hard copy with the Clerk of Court in compliance with LR 5005, as the undersigned is not yet
registered to efile on the CM/ECF system. I filed and deposited in the U.S. Mail a true copy of the
within: OPPOSITION TO MOTION TO AMEND COMPLAINT IN ADVERSARY
PROCEEDING to:
MICHAEL P. O'ROURKE, ESQ.
Nevada Bar No. 6764
O'ROURKE LAW GROUP, PC
800 Fifth Avenue, Suite 4100
Seattle, Washington 98104
Telephone: (206) 477-1475
Facsimile: (206) 470-1150
orourkelawgroup@gmail.com
BRIAN J. SMITH, ESQ.
Nevada Bar No. 11279
Of Counsel to O'ROURKE LAW
GROUP, PC
700 South Third Street
Las Vegas, Nevada 89101
Telephone: (702) 380-8248
Facsimile: (702) 382-7595
Attorneys for Plaintiff
Dated this 23
th
day of November, 2011
- 14 -
/s/ Zach Cou
Zach Coughlin, Esq.
Attorney for Defendant Keller
OPPOSIT:rON TO mUON '1'0 lM!'iP COMl'LA:r:N'1' iN ADVUSAR UQClIP:rNG
01394
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Patrick King
From:
Sent:
To;
Subject:
Dear Madams and Sirs.
Zach Coughlin <zachcoughlin@hotmail.com>
Tuesday, July 31, 2012 6:59 PM
zyoung@da.washoecounty.us; mkandaras@da.washoecounty.us;
keithloomis@earthlink.net; jleslie@washoecounty.us; kadlicj@reno.gov;
christensend@reno.gov; chaset@reno.gov; Patrick King; David Clark;
stuttle@washoecounty.us; askrpd@reno.gov
request for consideration of global resolution
I hope you not find it untoward for me to contact you in this manner. I do not know to what extent it is permissible to
mix discussions of potential civil causes of actions with
':pending or still subject to being set aside under something like a NRCP 60(b) analysis" criminal matters ... if doing so is
then I do not wish to engage any of you in that regard, and my apologies.
I am deeply humbled by all the various charges and sanctions I have incurred this year, and realize I have made big
mistakes, only to compound them with bigger mistakes and ever more greater showings of ill advised instransigence. I
apologize for those actions.
I am doing my best to make sure I do not go back to jailor otherwise upset anyone in the judicial branch or I I realize
the DA, WCSO, or the Reno City Attorney or the RPD may find it laughable to think that I would have any reasonable
basis for bringing suit.. .. but for whatever it is worth, I would jump at an opportunity to sign away any such potential
Claims should it assist me in resolving my outstanding criminal charges (in the RJC, there is a misuse of 911 services
charge from January 14th, 2012 before Judge Pearson, the iPhone petty larceny matter from August 20th, 2011 before
Judge Sferrazza, and this new obstructing/resisting charge incident to a misunderstanding related to an eviction on June
27th, 2012; in the Reno Municipal Court there remains a jaywalking charge from January 12th, 2012 and a traffic "failure
locome to a complete stop" charge from November 15th, 2011, both before Judge Nash Holmes, the latter of which
resulted in an accusation or even, perhaps, a conviction of summary contempt, perhaps even criminal summary contempt
incident to the still suspended Trial that was held on February 27th, 2012, and lastly, before Judge Dilworth is the
irdisturbing the peace" charge stemming from my July 3rd, 2012 arrest by the RPD).
Additionally, two convictions of criminal law violations were entered against me in the last year. One in RMC llCR22176
by Judge Howard for petty larceny of a candy bar and cough drops from Wal-Mart incident to a September 9th, 2011
arrest,folliwng the November 30th, 2011 Trial in that matter, and, two, a criminal trespass conviction in 11CR26405 from
a November 12th, 2011 arrest, following the Trial on June 18th, 2012.
With respect to the two criminal convictions and the appeals thereto, as well as the summary eviction proceeding and
appeal of that matter (RJC rev2011-001708 and CVII-03628) I have some 60(b) Motions filed the WDC, RMC, and RJC,
?IOd should they be granted and these convictions, sanctions, etc. be set aside, then under SCR 111(7)-(8), that may
auger towards my having a more probable path to regaining my law license.
I realize many of you may feel that I lack any leverage here, and that may well be true, regardless of the import of cases
l.l.keGlazier or Lippis v Justice Court, Soldal v Cook County, Wheeler v Cross, etc., etc.
I cannot find anything very clear on whether it is permissible to seek a "global resolution" that may, to some extent,
implicate the resolution of both criminal and civil matters, and should that be tantamount to an ethical violation, I do not
:Nish to do so here, and, in that case, please forget I mentioned anything in that regard.
, .
As a side note, that criminal trespass conviction stemmed from my being at the location of my former home law office
after art Order of Summary Eviction was signed (but perhaps not appropriately served prior to any lockout in accordance
With NRCP 6(e), considering NRS 40.400's mandate that the NRCP apply to landlord tenant mattters, and therefore
vitiating any such lockout. Further, the validity of that Order of Summary Eviction in RJC Rev2011-001708 (subsequently
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appealed to the District Court in CVll-03628 and resulting in $42,500 in attorney's fees being awarded against me, for
which I am personally responsible) is perhaps up for debate given some of the jurisdictional bars to such an order (please
see attached Motions)
There are a few 60b type basis for setting aside the Wal-Mart candy bar/cough drops petty theft conviction in 11 cr
22176:
newly discovered proof that a drivers license was provided to the arresting officer (jail property intake form and Wal-mart
shows Coughlin providing his drivers license, however, the RSIC Officer testfied that Coughlin's failure to provide his
license was the basis for effectuating a custodial arrest, and therefore, a search incident to arrest, which resulted in a
finding of some cough drops, allegedly. However, the testimony of both the Wal-Mart LP associate and the RSIC Officers
(ie, that a upc for such cough drops did not appear on Coughlin's receipt) was expressly contradicted by the receipt
tirovided by Coughlin (clear error, failure to meet burden?); additionaly the failure to provide counsel required by the
Sixth Amendement, where even the merest possibility of jail time exists, may provide a void for lack of jurisdiciton basis
for setting aside the candy bar/cough drop conviction ... if it is set aside, I don't want to sue Wal-Mart or anybody else, I
Jl.iSt want to try to get my license back, mend some fences, and move on with life while taking care to leam from my
mistakes, and asking for foregiveness.
Mr. Loomis pointed out the argument that the Notice of Appeal I filed in the eviction matter Rev2011-001708 likely
divesting the RJC of jurisdiciton to enterthe summary eviction Order, and therefore, the criminal trespass case conviction
may Similarly be vulnerable to a set aside, as both case involve my former home law office (and occured shortly after
what was essentially a divorce from a 5 year relationship).
you for any consideration you may give this writing.
lam fairly opposed to resolutions of the criminal matters that include any "obey all laws" and "180 days suspended
Sentence" types of conditions, not because I think the prosecutors or the system is unreasonable, but. .. well, I have upset
number of members of law enforcement and I may wish to leave the area for an extended time (only if legally
alloWed to do so), and for the same reasons (and because I already have two convictions) I would prefer not to go into
Mental' Health Court (though I greatly respect Judge Breen), In addition to some other more personal reasons that relate
whom I love. However, my whole life has been somewhat of a Mental Health Court or diversion program
with my Dad in it, as he has been involved in physician diversion programs for those with mental health problems and
substance abuse issues, and that has resulted in a tough love approach for years, taken to an extreme, which, at times,
seemed to complicate, if not derail entirely, my attempts to address the various issues that I face.
?incerely,
Zach Coughlin
pc;;> BOX 3961
Reno, NV 89505
Tel 775 338 8118
Fax 949 667 7402
?achCoughlin@hotmail.com
2
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Patrick King
From:
Sent:
To:
Subject:
Attachments:
Dear Mr. King,
Zach Coughlin <zachcoughlin@hotmail.com>
Tuesday, July 31, 2012 1:40 PM
Patrick King
[LIKELY_SPAM]resending this FW: Apology and Zach Coughlin prescription medications
information
Zach Coughlin rx history since February 2008.pdf
I am resending this too you just in case it went into your "junk mail" folder the first time I sent it (given that it was
addressed to numerous people, as sometimes results in an email being declared "junk mail" by one's email server) .... Its
admittedly fairly rambling, but I believe it does demonstrate a willingness to look within for a cause of the problems I
have encountered in the last year.
Siriterely,
Zach:Coughlin
PO:BOX 3961
Ren9".NV 89505
Tel 775 338 8118
F.a.xM,9 667 7402
ZachCoughlin@hotmail.com
From: zachcoughlin@hotmail.com
16: tcoughlinmd@hotmail.comi davidc@nvbar.orgi patrickk@nvbar.org; glennm@nvbar.orgi marybarkbark@yahoo.com
5ubject: Apology and Zach Coughlin prescription medications information
Date: Mon, 14 May 201212:37:17 -0700
Dear Dad, Bar Counsel, Morn and Melissa,
fam sorry for all the hurtful things I have said and done in the last
y,e.-ar. I haven't been on my WellbutriniBuproprion antidepressant
fQi :quite awhile (I pulled my phannacy records recently to try to
learn from some things). 1 have taken anti -depressants since I was
18 years old. I wasn't on either my Wellbutrin or Adderall for all
pf August 2011 until September 14, 2011. I was arrested on
August 20th, 2011 and September 9th, 2011. The Walmart arrest
chocolate and cough drops. The cough drops have
dextromethorphan in them, which is a dissociative in high enough
\ . ,.. .
.. .. . : . ;
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doses. Chocolate ( sugar) is, of course, an old time palliative. The
banned cough drop (the melt or dissolve very quickly and contain
30 mg in each one ... so rather than powering through a whole bottle
of cough syrup to take 300 mg ofDM, one could eat 10 cough
drop melts rather easily and quickly). These drops were pulled
from shelfs for awhile when they first came out a few years ago, I
believe because of the abuse potential or dangers of being able to
ingest that high a quantity of a powerful dissociative so quickly
(the cough syrup version of dextromethorpan is extremely difficult
to just drink a whole bottle of, whereas the sugary cough melts are
;
much similar to candy). I went off the Adderall on
'll;1proximately August 2, 2011. I went of the Wellbutrin in July
right after the breakup of a four and half year. Okay, I went
fnd found the records and am attaching them to this email. I
}Vondered whether the switch from Vyvanse to Adderall coincided
with my getting fired from Washoe Legal Services, but actually, it
not appear to have. I was suspended on April 20th, 2009
WLS. Then, my termination date was May 12th, 2009. I
RJ;lly started taking Adderall instead ofVyvanse on June 13th,
7Pp9. I was wondering if I became more irritable upon starting
Aciderall instead ofVyvanse and though maybe that cause the
\ ,:: t" .z.-,
problems WIth the famIly court Judge dunng the March 2009 tnal
then with Washoe Legal Services. I am actually kind of
relieved to see their does not appear to be a causal connection
given the chronology. I think I just felt WLS was a bit of a dead
e
l1
djob for me, was ruining my work ethic and motivation, and
was, perhaps, an environment where white males had to conform
L
to a certain prototype to fit in, one which I was not entirely at
home with.
You can see I filled one prescription for Campral. See this forum
. ,."
... ,
2
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for evidence that tolerance to Adderall is sometimes thought to be
by a class of medications that includes Campral,
Dextormethorphan (D M is also being used to treat chronic pain
patients in some experimental studies), etc.:
http://addforums.com/forums/showthread.php?t=36078
http://www.ncbi.nhn.nih.gov/pubmed/l087S724
I recall researching this in an attempt to be ultra cautious in
my use of Adderall.
My chronic pain levels seem to be much, much, more manageable
when I am taking Wellbutrin and Adderal1. I believe that the
chronic upper back pain I dealt with for years was due, in part, to
emotional/mental stress related to not appropriately addressing my
ADHD and the spotty use of antidepressants I exhibited during
those years (if my Dad and I were getting along, I would get
Wellbutrin from him for free, if we weren't, I would rarely secure
IllY own health insurance or payout of pocket for that
antidepressant, but would rather "rough it" to save money). When
1 went off the Wellbutrin and Adderall, the chronic pain returned,
plus, I was basically in the early stages of a "divorce" from Melissa
(whom I dated and lived with since April-ish 2007 until May 17th,
11. Melissa and I had been fighting since we moved into the
h,01J1e/office on River Rock on February 20th, 2010. From
prgpably June 20 10 until she moved out on May 17th, 2011, we
fought almost daily, sometimes in a fairly hostile way (I was never
physically violent with her, but she got a bit with me). 1 was
on $400 a week in unemployment benefits, receiving them
for 99 weeks. 1 actually worked quite hard the entire time. 1
learned a lot about a lot of different things, including some things
related to the business of law, practice management, employment
3
01399
01399
. .
law, computers, software, hardware, cars, home improvement, I
did focus on music for about 6 months straight (though I always
20ntinued to apply for jobs and send out resumes during this 99
weeks ... Washoe County had 150/0 unemployment during those 3
years and jobs were in short supply and starting my own law
practice seemed overly risky), and I was basically Melissa's maid
and helper with proofreading her schoolwork for a couple years (in
my mind at least, of course she may have a vastly different view of
things). She worked a significant amount of hours and was in
full time and was irritable, extremely emotional, and
pretty thin. I implemented the "I pay for dinner one time,
you pay for dinner one time" rule for going out to dinner, and,
of course, thattook a lot of the romance out of things. I think I
very insecure about money and my career and getting fired
. .... " "
fJO!ll WLS was very, very discouraging. But, I worked their for 18
Iflonths. Previous to that my longest tenure of employment at any
job whatsoever was literally 4 months at Hale Lane. I am talking
ANY job, my whole life. I realize my father has concerns about
in recovery taking a controlled substance like Adderall,
have exhibited symptoms consistent with a strong case of
f\PHD my entire life, and feel to potential for substance abuse
to untreated ADHD presents a great risk than does taking
Adderall, though, admittedly, it is something that one must watch
". .
and realize that it can effect one's behavior and mood, sometimes
.... l
iB- .,good ways, sometimes in bad ways. But so can drinking or not
qrinking water. So can taking or not taking insulin. Same with
coffee. So, in some ways I consider adding the Adderall to the
Wellbutrin a success and feel that I may have purposefully gotten
from WLS because the malaise there and institutional politics
)Yyre tough to deal with. Plus, it just occurred to me there that I
:;.
i. :.
4
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could work there forever, it was an incredibly easy job, but their
not a pension, the pay was like $55K, they didn't give me the
$5K raise after a year they promised (it seems small, but watching
the'm heat half and empty building for months on end to 84 degrees
round the clock because the office manager couldn't figure out how
to fix the thermostat was just irritating), and that the law just held a
different destiny for me than to be a legal aid domestic violence
attorney for years and years, as honorable and admirable as that
may be. Interestingly, a couple of the people I had the most
with appear to have been fired from WLS after
we. Previously, the Executive Director basically would not fire
', 1..-1 ..
anY9ne unless they embezzled. It appears I changed his approach
., J . '.
and got him to implement firing people as a management tool. He
.t,..
that office manager, RK, and he also fired ZL (I believe,
tpough she might have just left, though I cannot imagine that
because what other job would allow her to call in sick, with full
30 Fridays a year and be accountable to absolutely no one and
raJI ,herself a paralegal with no apparent legal training at all? Plus
she, allegedly, had borrowed money from various employees
wHhout paying them back, so ... ).
Speaking of borrowing money, when we broke up, Melissa stayed
"\ , 1" ..
for awhile (Mom now says Melissa "uses her tears to her
and that she "feels a bit used by Melissa"), and Mom
her a $500 mattress from Costco (we had two very nice
foam beds I build with spare foam from Mills End fabrics
all bought with my $400 a week and thrift, and I just didn't
to give Melissa one when I felt she had been so
of things just like my building those beds and doing
... ,"
the research, etc.). We both agreed though that Melissa being an
.... "'."
.; , :
5
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insulin dependent diabetic undoubtedly presents challenges to her
i!l regulating her mood and emotions and that Melissa has
demonstrated extraordinary courage and resolve in meeting those
challenges. Then, Mom just admitted to me that Carly loaned
Melissa several hundred dollars. Apparently Carly is pissed
pecause Melissa is in New York City right now and still hasn't paid
Carly or Mom back (she also went in September 2011, and we
were supposed to go in July 2011, bought the tickets and
everything $450, but her Aunt decided to change her travel to
dates, so I basically lost that $450 due to the change fees
.,., .....
:pelta and American charge-Melissa bought the tickets and did not
think to utilizeSouthwest. .. ). Melissa also made offwith at least
one and possibly two months of my rent contribution that I gave
to give the landlord, plus, she didn't pay the landlord her
contribution for May 2011, June 2011, etc. However, as in all
" .'
relationships, things get blurry, etc., and she is a
wonderful person.
SO:METHING PRE I I Y INTERESTING:
One thing I note from the prescription history is I filled a
Buproprion (note, I am using the terms Buproprion and
Wellbutrin interchangeably) script on 3/18/09, then did not
fill another one until 5/4/09 ... meaning a period of some 16
days or so where I was either out of Buproprion or did not
take it or took less than my typical dose. I was suspended
frtj'm WLS on 4/20/09. My final termination date was
5/12/09. That is pretty interesting. I seem to recall
sometimes when my script for Buproprion ran out and there
could be some lag time getting the doctor to fax a renewal
to the pharmacYt and I believe at one point during the past
, 6
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couple years I complained to the pharmacy and the doctors
office about an extended delay in getting my prescription
renewed and filled and I specifically took them to task about
the dangers of patients suddenly going of there
antidepressants and recall being upset about what I
perceived to be the doctor's office's or pharmacies
rlegligence in so renewing the prescriptions. I do not believe
I was blame shifting and avoiding my own responsibilities in
that regard, but it is possible I should have done more in
advance of running out of my Buproprion to renew the
prescription and or should have followed up more on the
rarllire to so renew after I made the renewal request. .. .I
Deneve this was during that 5/4/11 to 5/21/11 period, but
ani<not sure at this pOint, but I recall being upset that
6methign like 3 weeks went by and my prescription was not
ready ... or I may have been late in making the request. I
seem to undervalue what Bupropion does for my mood and
behaVior, I recall often thinking they were just "sugar pills"
and it was all in my mind, any benefit. ... But, I didn't always
believe that, sometimes finding the efficacy apparent.
.'
1" -'
....
[ oaks like I went off Buproprion between 5/21/20 and
6/17/10 as well. I went off Buproprion again between
8/12/10 and 10/6/10 ... .I notice that my copays stopped
around 7/12/10, which was went I stopped getting the
reduced Cobra premiums under theObama bailout, and had
to start paying out of pocket (though it was essentially a
wash, because the Cobra was $180 a month, plus $20 in
\ .
whereas, out of pocket was probably less overall,
7
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01403
" . . . . ~ .
though it was $105 ever 3 months for the psychiatrist and
the prices of Adderall and Wellbutrin (1 dropped Adderal XR
probably because it cost more) spiked somewhat during that
time). Then again from 11/6/10 to 12/2/10, though its
possible that 1 used that 10/6/10 prescription, which
c.onsisted of 120 of the 75mg Buproprion generic versions to
try to effect a discount by taking less Buproprion per day, ie,
stretch one month of a script out 3 months or so by only
taking 150 mg or 75 mg or something, 1 do remember trying
t6'save money like that. 1 am very startled to see that from
B/4/11 to 5/21/11 1 would have been out of
Wel1butrin/Buproprion. Melissa and 1 broke up and she
rnoved out on 5/17/11. 1 did have trouble with the ignition
cylinder turning the key to start the car when trying to go to
Melissa's graduation party on 5/15/11, and was at least 45
minutes late, causing her embarassment and
pain. However, despite the fact that the key would not turn
the' cylinder causing me some delay, I believe it did not
Qa'u:se that much of a delay in finding some other way to get
to the graduation party, but rather, my ADHD and
Mepression led me to trying to do to many other things that
day, misjudging time and the ability to get a reasonable
a'mount of things done (1 was probably trying to finish fixing
Melissa's car or something else that was no where near as
important as showing up to that party on time .... but that is
typical of people with depression and ADHD, the prioritizing
and misjudging time, lateness, etc .... ). 1 do recall saying
very mean things to Melissa during that 3 week stretch in
May 2011 ... however, both she and I were stressed out
. ~
8
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preparing for her graduation and final exams, having a great
deal of her out of town family coming into town, my fighting
with my Dad starting on 4/28/11 and having a bad argument
about something rather small and minor, etc., and my
unemployment benefits stopping right about late April 2011
(99 weeks from May 21, 2009 start date would mean my
,ynemployment ran out in early April 2011, I believe).
I switched to the cheaper generic version of Adderall from
the perhaps more steady consistent Adderall XR in June
2010. Melissa and I fought constantly from June 2010 until
0ur breakup in June 2011 .... There were news reports of the
pHce of Adderall XR skyrocketing out of the blue at about
thiS time and there was a fair amount of controversy about
Htre retaining the rights to make the generic and the
generic version being essentially, garbage, according to
many
patients. http://www.addforums.com/forums/showthread.p
trp?t= 112229 .
It is pretty crappy when you think about it, these drug
companies increasing the co pay from $29 on a mental
flealth medication once month to $180 the next. .. and
forcing people to avoid the generic by retaining
the rights to the generic and purposefully making the
generic lack efficacy.
/ '"
http://www.drugs.com/answers/why-has-the-price-of-
adderall-generic-30-mg-gone-455000. html
... ....
9
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http://motherboard.vice.com/2012/2/16/anatomy-of-the-
9 reat-addera II-d roug ht
nttp://www.thefix.com/content/pay-attention-adderall-add-
oig-pharma7004
I then went off my Wellbutrin/Buproprion from 7/25/11 until
4/28/ 12 .. From filling the Buproprion at a cost of $20 in June
of 2011 until recently filling the prescription in late April
2012, the cost has gone up 300%. That medication has
been off patent for some 20 years now, it should not be
rising in price, especially during a period where the economy
has:struggled so mightily. Interestingly, the cost of those
Cdugh drop melts with 30 mg of Dextromethorphan per melt
rose form around $6.50 a box in 2007 or so to $8.88 in
September 2011 for the exact same quantity/dosage. I
simply could not afford it though on at least two occasions I
called up Northern Nevada Adult Mental Health and inquired
about the possibility of getting the cost paid for by the state
gr subsidized. In evaluating the time and relinquishment of
my privacy rights (there is a fair amount of shame and worry
about one's professional reputation and how those in
reCovery or AA will view one's taking these medications
associated with taking ADHD and Major Depressive Disorder
h'tedications) that I felt it would require to achieve the
savings of around $125 a month for these two prescriptions,
I never decided it was worth it to go to NAMS, but rather
just stopped paying for the Buproprion (again, I sometimes
10
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01406
viewed it as a sugar pill, whereas the Adderall I felt had an
effect, both for controlling ADHD and for the supplemental
:Uses as a treatment resistant antidepressant and the off
label use for the control of OeD. In that ti me period I was
put in jail 8 times and, essentially evicted 3 times and fought
with and alienated myself from my entire family, lived a very
secluded, reclusive life, etc ... exhibited poor impulse control,
a temper, and symptoms consistent with untreated Major
Depressive Disorder (MOD) and perhaps some type of
Moarding behavior or Obsessive Compulsive Disorder,
tncluding tiling the River Rock home office, collecting car
seats, recarpeting the entire home office with scraps in a
patchwork, and tiling the crumbling front steps, and putting
green carpet on the dirt lawn.
I was arrested on:
for petit larceny (the lost mislaid iPhone thing
where the finder said he would "throw it in the river if
someone doesn't claim it right away"). 7 days in jail.
9/9/11 for petit larceny at Wal-Mart of a chocolate bar and
two boxes of the cough medication drops/melts with
Dextromethorphan 30 mg per melt. 1 day in jail.
11/12/11 for criminal trespass at my former home law office
(i was issued 3 traffic citations days later when I went to the
opposing attorney who signed the criminal trespass
complaints office to retrieve my wallet and driver's license
was told to leave by the RPD. While driving away the
RPD pulled me over and charged me with a "California
RolI"/failure to come to a complete stop and a couple fix it
11
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tickets, that were ultimately fixed). 3 days in jail
11/30/11 for summary contempt during the trial for the Wal-
Mart chocolate bar and cough medication drops Trial before
Judge Howard in RMC 11 CR 22176. 1 day in jail.
1/12/12 for jaywalking while filming personal property at my
former home law office being placed in a dump truck for
hauJing to the dump. 1 day in jail
1/14/12 for "misuse of 911 where no actual or perceived
emergency exists), a gross misdemeanor incident to the
domestic violence I was victimized by on E. 9th st. by my
f.ilousemates. 3 days in jail
2/27/12 for summary contempt during the trial for the
It/1S/11 traffic citations "California Rolin/failure to come to
a complete stop at stop sign deaL ... 5 days in jail
4/19/12 for contempt, I believe, for failing to fully participate
(concern for privacy rights, shame, etc) in the ordered
e:ompetency evaluation that Judge Elliot ordered I undergo
with the Lake's Crossing doctors. I spent 7 days in jail.
f .
ram feeling better and better since starting to take my
antidepressant, Wellbutrin again, and now realize I need to
be much more diligent in filling that prescription in a timely
manner and making preparations for situations where I
might not be able to afford it. I plan to write many apology
[etters, including to judges, bar counsel, opposing counsel,
e t ~ I always fought and worked hard for my clients though
fbr an extremely competitive price.
Sincerely,
12
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;Zach Coughlin, Esq.
13
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..-
Patrick King
From:
Sent:
To:
Cc:
Subject:
Attachments:
Hi Mr. King and USPTO OED,
Zach Coughlin <zachcoughlin@hotmail.com>
Tuesday, July 31, 2012 1:33 PM
Patrick King; oedonline@uspto.gov; sue.hines-Iaboy@uspto.gov
David Clark
reporting convictions and suspension of law license to USPTO OED
usptoJeporUetter_oCconviction_Coughlin.pdf
Mr. King, Thanks for taking the time to sit down with my last Friday. I am copying you on a couple things here. I want
to bet sure to do my best to comply with the reporting requirements of SCR 111 and the similar requirements with the
LJpited States Patent and Trademark Office (USPTO, I am licensed with the LJSPTO, I suppose formerly as a patent
iih6rney, but given my current suspension of my Nevada law license, I am unsure whether that makes me a patent agent
with the USPTO or if that license will be effected to a greater extent.
Onething that I am trying to figure out is whether a civil "summary contempt" finding, as I believe Judge Howard found
me guilty of in Reno Municipal Court Case 11 CR 22176 and or what appears to be a criminal "summary contempt"
finding, as Judge Nash Holmes ruled in RMC 11 TR 26800 are "convictions" subjecting to the reporting requirments of the
Nevada Supreme Court's SCR 111 and the USPTO's reporting reqUirements, ie, (37 C.F.R. l1.25(a), etc ... "
who are required to report crimes include registered patent attorneys, registered patent
agents, and any attorney practicing before the Trademark Office or representing an employee of the
USPTO in any non-patent or non-trademark matter. A "crime" is defined by 37 C.F.R, 11.1 as "any
offense declared to be a felony or misdemeanor by Federal or State law in the jurisdiction where the
act occurs." Traffic offenses such as a DUl, a hit and run, or vehicular homicide, are considered
crimes under the rule.
State law violations under the category of reciprocal discipline fall under suspension or disbarment from practice on
ethical grounds by a state under 37 C.F.R. 10.23(c)(5), or conviction under a state law offense involving moral
turpitude under 37 C.F.R. 10.23(c)(1). Examples of conduct in the category involving criminal convictions include:
assault with a deadly weapon; engaging in sexually explicit conversation with a minor over the internet; hit and rlln
and DU1; sexual assault; encouraging an illegal alien to come to the United States; insider trading; wire fraud; and
possession and trafficking of a controlled substance.7 A few examples of state convictions that involved matters
the USPTO not covered under other USPTO rules provisions other than under 37 C.F.R. 1O.23(c)(5).
A-dditionally, l believe I may have been found in summary contempt in CR12-0376 in the Second Judicial District
Court in and for Washoe County.
With regard to any failure on my part to repo11 any such "summary contempt" (a la NRS 22.010 or 22.030)
".convictions", [ must say that I believe I simply did not understand such rulings to be "convictions" of "crimes"
given the summary nature of the rulings and that I believe they were civil only in nature. I only just in the last
couple weeks received for the first time an Order by Judge Nash Holmes werein the "criminal summary contempt"
language was contained therein. That Order was mailed to my former address on E. 9th St. despite the fact that, I
I had both updated the RMC with my new address at that point, in addition to my having filed an Official
Change of Address with the USPS.
rbelieve you will tind that I am taking, or in the process of taking, every step possible to apologize to those I have
offended, right my wrongs, and diffuse these situations where possible by taking a much more conciliatory tact.
01410
01410

Zach Coughlin
PO BOX 3961
Reno, NV 89505
Tel 775 338 8118
Fax 949 667 7402
ZachCoughlin@hotmail.com
Fro(ll: zachcoughlin@hotmail.com
To: oedonline@uspto.9ovi sue.hines-Iaboy@uspto.gov
cc: davidc@nvbar.org
Subject: reporting convictions and suspension of law license to USPTO OED
Date: Thu, 26 Jul 2012 11:09:28 -0700
birector Office of Enrollment and Discipline
Mail Stop OED
(J.S. Patent and Trademark Office
Zach Coughlin, Esq
PO BOX 3961
Reno, NV 89505
Tel 775 3388118
Fax 949 667 7402
Registration Nwnber: 53905
Nevada Bar No: 9473 (suspended)
ZachCoughlin@hotrnai1.com
PO Box 1450 Alexandria, Virginia 22313-1450
Phone: 571-272-4097
FAX: 571-273-0074
July 26,2012
Dear OED,
I am writing in an attempt to comply with the reporting requirement that I just became aware of today. While I may not be timely
reporting this, there may be a basis for tolling the running of the 30 day reporting period such that, under one interpretation, I
would be viewed as timely reporting this. I was in jail from July 3
rd
to July 21, 2012 and was not able to mail any materials or do
any research.
PED online User ID: OED17396
Coughlin
Registration Number: 53905
keciprocal Discipline with State
;rhe high number of total violations in this category is likely due to 37 C.F.R. 11.24 and 11.25 reqUlrmg
practitioners to report to the USPTO public ccnsurc, public reprimand, probation, disbarment or suspension by
another jurisdiction, and disciplinary criminal violations after a conviction. Only violations of state law not provided
for in other USPTO disciplinary rules in this category were counted. Had violations of other USPTO disciplinary
2
01411
01411
been included in this category that first were prosecuted by a state, the number of violations in this category
""ould have far outnumbered all other violations.
Under self-reporting rules that went into effect on September 15,2008, practitioners must notify the OED Director in
writing within thirty days of being disbarred or suspended by another jurisdiction (37 C.F.R. 11.24), and must
notify the OED Director within thirty days of conviction of any crime (37 C.F.R. l1.25(a)). Persons who are
required to report crimes include registered patent attorneys, registered patent agents, and any attorney practicing
bc;fore the Trademark Office or representing an employee of the USPTO in any non-patent or non-trademark matter.
A "crime" is defined by 37 C.P .R. 11.1 as "any offense declared to be a felony or misdemeanor by Federal or State
law in the jurisdiction where the act occurs." Traffic offenses such as a DU1, a hit and run, or vehicular homicide, are
considered crimes under the rule.
law violations under the category of reciprocal discipline fall under suspension or disbarment from practice on
6thical grounds by a state under 37 C.F.R. IO.23(c)(5), or conviction under a state law offense involving moral
turpitude under 37 C.F.R. IO.23(c)(I). Examples of conduct in the category involving criminal convictions include:
assault with a deadly weapon; engaging in sexually explicit conversation with a minor over the internet; hit and run
and DU [; sexual assault; encouraging an illegal alien to come to the United States; insider trading; wire fraud; and
possession and trafficking of a controlled substance.7 A few examples of state convictions that involved matters
pefore the USPTO not covered under other USPTO rules provisions other than under 37 C.F.R. 1O.23(e)(5)
inplude: where a practitioner used information relating to the representation of a client to provoke an interference
with a patent application that the practitioner had previously filed with the USPTO on behalf of the client (this, as
well as other misconduct, resulted in the practitioner being disbarred in Arizona and excluded from practice before
the USPTO); and where a practitioner filed a patent application naming himself and a former client as inventors, and
when the former client requested the practitioner assign the application, the practitioner demanded $2.6 million
qc;>iIars plus royalties (resulting in a two-year suspension from practice in Virginia and before the USPTO).ln re
Watkin;;, D2006-04; In re Lynt, D2005-08.
[ was convicted of petty larceny in the Reno Municipal Court in 11 CR 22176 on November 30
th
, 2011. I was
unaware of the USPTO reporting requirement, but realize 1 should have taken steps to learn about it and follow
it: Iwas also convicted of criminal trespass in Reno Municipal Court case 11 CR 26405 on June 18
th
, 2012. I
appealed the petty larceny conviction, but it was affirmed. I am appealing the criminal trespass conviction as
welt I am not sure the criminal trespass conviction requires reporting but 1 am doing so in an abundance of
caution.
The .Nevada Supreme Court entered an Order on June th, 2012 temporarily suspending my license pending a
hearmg before the Northern Nevada Disciplinary Board (one has yet to be scheduled).
Sincerely,
Coughlin, Esq.
Licensed in Nevada (temporarily suspended June 7
th
, 2012)
,
4ach Coughlin
fib BOX 3961
Rena, NV 89505
Tel7753388118
Fax 949 667 7402
ZachCoughlin@hotmail.com
3
01412
01412
60838: Case View
Case Search
Participant Search
Disclaimer: The information and documents available here should not be relied upon as an
official record of action.
Only filed documents can be viewed. Some documents received in a case may not be
available for viewing.
Some documents originating from a lower court, including records and appendices, may not
be available for viewing.
For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-
1600.
Case Information: 60838
IN RE: DISCIPLINE OF
Short Caption: ZACHARY COUGHLIN
. . Bar Matter - SCR 111 -
ClassificatIOn: Petition
Lower Court
Case(s):
Disqualifications:
Replacement:
To SP/Judge:
Oral Argument:
Submission Date:
Docket Entries
NONE
Date Type/Subtype
05/10/2012 FiIi?g Fee - Filing Fee
Waived
05/10/2012 Petition/Bar - Petition
Order/Dispositional Bar -
06/07/2012 Order of Temporary
Suspension
Related
Case(s):
~ ~ .6Q.3..Q2,
gQll1,nQlll,QQ61Q,60975
Case Status: Disposition Filed
Panel
Assigned:
SP Status:
Oral
Argument
Location:
How
Submitted:
Description
Filing Fee Waived: Bar
discipline matter.
Panel
Filed Petition of Bar Counsel
for Temporary Suspension from
the Practice of Law pursuant to
SCR 111.
Filed Order of Temporary
Suspension and Referral to
Disciplinary Board. "We refer
this matter to the appropriate
disciplinary hoard for the
institution of a formal hearing ..
.. We hereby temporarily
suspend attorney Zachary B.
Coughlin from the practice of
Pending Document
] 2-) 4895
J 2-] 7976
01413
01413
60838: Case View
06/11/2012 Motion - Motion
06/18/2012 Motion - Motion
06/18/2012 Motion - Motion
law in Nevada, pending final
disposition of the disciplinary
proceedings. "
Filed Motion for Leave to File
Opposition or to Show Cause
why Temporary Suspension is
not in Order.
Filed Motion for Leave to File
Amended or Supplemental
Opposition or Motion to Set
Aside, Alter, Amend
Suspension.
Filed Motion for Leave to File
Opposition to SCR 117 Petition.
Nos. 60838 and 60975.
06/20/2012 Notice/Incoming - Notice Filed Notice of Order to Courts.
06/25/2012 - Filed Affidavit/Declaration in
AffidaVIt Compliance with SCR 115.
y
y
y
12-18155
12- J 8962
12-18963
12-19378
12-19902
01414
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Electronically Filed
Jun 11 201208:19 a.m
Tracie K. Lindeman
Clerk of Supreme Cou
IN THE SUPREME COURT OF THE STATE OF NEVADA
n Re Matter of:
ACHARY BARKER COUGHLIN, ESQ.
evada Bar No: 9473
)
)
)
) Supreme Court No: 60838
)
)
MOTION FOR LEAVE TO FILE THE FOLLOWING OPPOSITION TO SUSPENSION AN
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM
THE PRACTICE DF LAW PURSUANT TO SCR III AND REDUEST FOR EXTENSION OF
TIME TO SUPPLEMENT THIS OPPOSITION
COMES NOW, ZACHARY BARKER COUGHLIN, ESQ., and files the above named
document and moves this Court for the relief requested herein. This filing is further based upon the
papers and pleadings on file herein and in the case in the trail court and the appeal in the District
Court and the Memorandum of Points and Authorities submitted herewith and any oral argument this
Court may desire. And, quickly, in case this is the last thing I get to do in the law, I would like to
take this opportunity to make and plea that Nevada courts consider the ground-breaking holdings in a
few recent foreclosure defense cases concerning National Banking Act preemption in light of the
recent Dodd-Frank Act implementation. Bank of America, likes to have its subsidiary Recontrust
- 1120-
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA W PURSUANT TO SCR III AND REOUEST FOR EXTENSION OF TIME TO SupPLEMENT THIS
OPPOSITION
01415
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enfor8e,ent 6a#e 7een 4eft *+ to t6e 5tate5" So,e 5tate5 6a#e ant3>$ef383en8< 4a;5 on fore84o5e$
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- @?@. -
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA0 PURSUANT TO SCR 111 AND RE!UEST FOR E2TENSION OF TIME TO SUPPLEMENT THIS
OPPOSITION
01416
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fore84o5e $ee$5 of tr*5t on4< t6r* 3$ent3f3e$ tr*5tee5" T6e 9*e5t3on for $e8353on 35 $3re8t: Doe5
Re8onTr*5t a TeGa5 8or+orat3on an$ 7< $ef3n3t3on a Bnat3ona4 7an=B >a4t6o*:6 3t ne3t6er ta=e5
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84a3,3n: 3t 35 a Bnat3ona4 7an=B an$ t6erefore not 5*7Ce8t to 4a;5 43=e NRS -&%"1'1 ;6386 re9*3re5 a
fore84o5*re tr*5tee to 6a#e a 438en5e fro, o*r 5tate" On Mar86 1( @.1@ t6e Un3te$ State5 D35tr38t
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- (?@. -
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA0 PURSUANT TO SCR 111 AND RE!UEST FOR E2TENSION OF TIME TO SUPPLEMENT THIS
OPPOSITION
01417
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o7Ce8t3#e5 of Con:re55"
STATEMENT OF FACTS
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- &?@. -
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA0 PURSUANT TO SCR 111 AND RE!UEST FOR E2TENSION OF TIME TO SUPPLEMENT THIS
OPPOSITION
01418
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3ntera8t3on5 7et;een t6e a88*5e$ an$ 0a4>Mart 4o55 +re#ent3on 5taff an$ Reno S+ar=5 In$3an Co4on<
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- H?@. -
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA0 PURSUANT TO SCR 111 AND RE!UEST FOR E2TENSION OF TIME TO SUPPLEMENT THIS
OPPOSITION
01419
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- -?@. -
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA0 PURSUANT TO SCR 111 AND RE!UEST FOR E2TENSION OF TIME TO SUPPLEMENT THIS
OPPOSITION
01420
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an$ 5*75e9*ent4< 4oo=3n: *+ t6e 3te, a553:ne$ t6at Un3#er5a4 Par8e4 Co$e 84ear4< 56o;5 t6at a 7oG of
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- '?@. -
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA0 PURSUANT TO SCR 111 AND RE!UEST FOR E2TENSION OF TIME TO SUPPLEMENT THIS
OPPOSITION
01421
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- /?@. -
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA0 PURSUANT TO SCR 111 AND RE!UEST FOR E2TENSION OF TIME TO SUPPLEMENT THIS
OPPOSITION
01422
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- %?@. -
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA0 PURSUANT TO SCR 111 AND RE!UEST FOR E2TENSION OF TIME TO SUPPLEMENT THIS
OPPOSITION
01423
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an$ a5 far a5 t6e *n$er53:ne$ =ne; at t6e t3,e +r3or to Bar Co*n5e4 7e3n: a;are of t6e 8on#38t3on"
F*rt6er $e+en$3n: *+on 6o; t6e 4en:t6 of t3,e 7et;een t6e ren$3t3on or not38e of entr< of t6e
8on#38t3on an$ ;6en t6e *n$er53:ne$ re+orte$ t6e 8on#38t3on to Bar Co*n5e4 35 ,ea5*re t6e
*n$er53:ne$ ar:*a74< t3,e4< 8o,+43e$ ;3t6 t6e M;3t63n (. $a<5N $38tate of SCR 111 Eon4< 3ntro$*8e$
3n @..' an$ +er6a+5 5o,e;6at $3ff38*4t to f3n$ :3#en t6at t6e R*4e5 of Profe553ona4 Con$*8t ,3:6t
5ee, a ,ore a+t +4a8e to 4oo= for 5*86 a re+ort3n: re9*3re,ent""") an$ 3f not t6en t6e *n$er53:ne$
;a5 on4< a fe; $a<5 7e<on$ t6e M;3t63n (. $a<5N re9*3re,ent a44 ;634e f343n: an a++ea4 an$ 43t3:at3n:
a 8ontent3o*5 5*,,ar< e#38t3on fro, t6e *n$er53:ne$ for,er 6o,e 4a; off38e"
LEGAL ARGUMENT
T6e a88*5e$ 6ere7< re9*e5t to 6a#e a44 t6e ar:*,ent5 an$ ,e,oran$*, on f34e 3n t6e tr3a4
8o*rt an$ D35tr38t Co*rt a++ea4 3n8or+orate$ 7< referen8e 6ere3n +art38*4ar4< ;3t6 re5+e8t to t6e
$en3a4 of 8o*rt a++o3nte$ $efen5e 8o*n5e4" Per6a+5 t6e ,o5t 5a43ent 9*e5t3on 6ere 35: 3f t635
8on#38t3on 35 5er3o*5 eno*:6 to ta=e a;a< oneA5 4a; 438en5e t6e 6o; 8o*4$ t6e 86ar:e not 7e 5er3o*5
eno*:6 to $e5er#e 8o*rt a++o3nte$ $efen5e 8o*n5e4 or a C*r< tr3a4 ;6ere t6e a88*5e$ e5ta74356e$ 635
3n$3:en8< an$ ;a5 e#38te$ fro, 635 for,er 6o,e 4a; off38e E;ron:f*44< 3n 43:6t of NRS &."@H(A5
+ro6373t3on a:a3n5t *t343K3n: 5*,,ar< e#38t3on +ro8ee$3n:5 a:a3n5t 8o,,er83a4 tenant5 ;6ere t6e
non>+a<,ent of rent 35 not a44e:e$ an$ on4< a No Ca*5e E#38t3on Not38e ;a5 5er#e$) C*5t $a<5 +r3or to
t6e tr3a4 3n t6e ,atter fro, ;6386 t635 8on#38t3on 5+r3n:5J
T6o*:6 not +er,3tte$ to 7e 83te$ a5 +re8e$ent *n$er SCR 1@( footnote ( 3n t6e o+3n3on fro,
In Re Noe4 Ga:e 3n$38ate5 MFN(" E#en t6o*:6 an o++o53t3on to t6e +et3t3on 35 not eG+re554< +er,3tte$
- 1.?@. -
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA0 PURSUANT TO SCR 111 AND RE!UEST FOR E2TENSION OF TIME TO SUPPLEMENT THIS
OPPOSITION
01424
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7< t6e r*4e5 7ar 8o*n5e4 $oe5 not o++o5e Ga:eA5 f343n: of an o++o53t3on"N T6e *n$er53:ne$ 5*7,3t5
t635 O++o53t3on 3n t6e 5+3r3t of t6at footnote an$ a5=5 t635 Co*rt not to #3e; t6at a5 a #3o4at3on of SCR
1@("
STATE #" NEVENS" 1%' N"D" S*+er" H(1 E1%/&)" &/H A"@$ (&H" T6e C*$383a4 5<5te, ,*5t
on8e a:a3n re4< on t6e tr3a4 8o*rt5 a5 t6e :ate=ee+er" T6e Le:354at*re 6a5 e5ta74356e$ a 5e4f>re:*4at3n:
+ro#353on 3n t6e Co$e t6at 8an 7e *5e$ to +rote8t a:a3n5t fr3#o4o*5 +ro5e8*t3on5 *n$er t6e 1%%1 A8t"
T6e :a+>f344er ,ea5*re 35 t6e $e ,3n3,35 3nfra8t3on +ro#353on N"D"S"A" @C:@>11" It +ro#3$e5: T6e
a553:n,ent C*$:e ,a< $35,355 a +ro5e8*t3on 3f 6a#3n: re:ar$ to t6e nat*re of t6e 8on$*8t 86ar:e$ to
8on5t3t*te an offen5e an$ t6e nat*re of t6e atten$ant 83r8*,5tan8e5 3t f3n$5 t6at t6e $efen$antA5
8on$*8t: a" 0a5 ;3t63n a 8*5to,ar< 438en5e or to4eran8e ne3t6er eG+re554< ne:ate$ 7< t6e +er5on
;6o5e 3ntere5t ;a5 3nfr3n:e$ nor 3n8on535tent ;3t6 t6e +*r+o5e of t6e 4a; $ef3n3n: t6e offen5eF 7" D3$
not a8t*a44< 8a*5e or t6reaten t6e 6ar, or e#34 5o*:6t to 7e +re#ente$ 7< t6e 4a; $ef3n3n: t6e offen5e
or $3$ 5o on4< to an eGtent too tr3#3a4 to ;arrant t6e 8on$e,nat3on of 8on#38t3onF or 8" Pre5ent5 5*86
ot6er eGten*at3on5 t6at 3t 8annot rea5ona74< 7e re:ar$e$ a5 en#35a:e$ 7< t6e Le:354at*re 3n for73$$3n:
t6e offen5e" T6e a553:n,ent C*$:e 56a44 not $35,355 a +ro5e8*t3on *n$er t635 5e8t3on ;3t6o*t :3#3n:
t6e +ro5e8*tor not38e an$ an o++ort*n3t< to 7e 6ear$" T6e +ro5e8*tor 56a44 6a#e a r3:6t to a++ea4 an<
5*86 $35,355a4" ON"D"S"A" @C:@>11"I T6e 5tat*te ;3t6 ,o$3f38at3on5 ;a5 ,o$e4e$ after MPC P @"1@" 1
F3na4 Re+ort 5*+ra 5o*r8e or referen8e note to P @C:@>11 at @(" T6e $rafter5 of t6e MPC
5*,,ar3Ke$ t6e 635tor38a4 7a535 for t6at 5e8t3on a5 a M=3n$ of *nart38*4ate$ a*t6or3t< to ,3t3:ate t6e
:enera4 +ro#353on5 of t6e 8r3,3na4 4a; to +re#ent a75*r$ a++438at3on5"N @ F3na4 Re+ort 5*+ra
8o,,entar< to @C:@>11 at '&" O*r 8o*rt5 6a#e not 6e53tate$ to *5e t6at 5tat*te to ter,3nate a
+otent3a4 +ro5e8*t3on ;6en t6e 86ar:e 6a5 7een tr3#3a4 or t6e +ro5e8*t3on ;o*4$ 6a#e 7een a75*r$"
State #" Bro;n 1// N"D"S*+er" -H- -'1 &H/ A"@$ 1-H ELa; D3#"1%/()F 5ee e":" State #" Zarr3443
- 11?@. -
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA0 PURSUANT TO SCR 111 AND RE!UEST FOR E2TENSION OF TIME TO SUPPLEMENT THIS
OPPOSITION
01425
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@1- N"D"S*+er" @(1 @&. H@( A"@$ @/& ELa; D3#") E$35,3553n: 86ar:e of *n$era:e 8on5*,+t3on of
a48o6o438 7e#era:e ;6ere t6e $efen$ant too= a 53+ of a fr3en$A5 7eer) affA$ @@. N"D"S*+er" H1' H(@
A"@$ 11(1 EA++"D3#"1%/')F State #" Ne#en5 1%' N"D"S*+er" H(1 H(& &/H A"@$ (&H ELa; D3#"1%/&)
E$35,3553n: t6eft 86ar:e 5te,,3n: fro, t6e $efen$antA5 ta=3n: of a fe; +3e8e5 of fr*3t fro, a 7*ffet
ta74e)F State #" S,3t6 1%H N"D"S*+er" &-/ &'' &/. A"@$ @(- ELa; D3#"1%/&) E5tat3n: t6at 5tat*te
a#o3$5 an 3nC*5t38e M3n a 8a5e of te86n38a4 7*t tr3#3a4 :*34tN)"
In State #" Ne#en5 Mr" Ne#en5 an$ 635 ;3fe after eat3n: 4*n86 at t6e Corn*8o+3a B*ffet 3n
t6e Go4$en N*::et 3n At4ant38 C3t< $e83$e$ to 4ea#e t6e 7*ffet ;3t6 5e#era4 +3e8e5 of fr*3t an$ eat
t6e, o*t53$e for $e55ert" Mr" Ne#en5 ;a5 4ater 5to++e$ on t6e 7oar$;a4= 7< 6ote4 5e8*r3t< :*ar$5 an$
86ar:e$ ;3t6 t6eft of t;o 7anana5 an oran:e an a++4e an$ a +ear" T6e 8o*rt 6e4$ t6at Ne#en5 ;a5 not
5to8=+343n: foo$ 53n8e 6e $3$ not atte,+t to ta=e eno*:6 foo$ to 5at35f< one a$$3t3ona4 ,ea4 for e3t6er
63,5e4f or 635 ;3fe an$ 86ara8ter3Ke$ t6e ent3re 3nfra8t3on a5 $e ,3n3,35" In State #" S,3t6 t6e
$efen$ant ;a5 86ar:e$ ;3t6 56o+43ft3n: t6ree +3e8e5 of 7aKoo=a 7*774e :*, #a4*e$ at L" 1H fro, a
B'>11B 8on#en3en8e 5tore" A T6e $efen$ant ,o#e$ for a $35,355a4 of 635 +ro5e8*t3on 7a5e$ *+on t6e
B$e ,3n3,35B $o8tr3ne" T6e 8o*rt note$ t6at BO3In t6e ,343e* of 7*774e :*, +34fera:e t6e on4< 8a5e5
,ore tr3#3a4 ;ere t6o5e 3n#o4#3n: t;o +3e8e5 or oneBA an$ 5*75e9*ent4< $35,355e$ t6e 8a5e"A
Con5t3t*t3ona4 R3:6t5 T6e +rote8t3on of an 3n$3#3$*a4A5 8on5t3t*t3ona4 r3:6t5 35 anot6er area of
t6e 4a; ;6ere3n t6e 8o*rt5 $35a:ree on t6e 5*7Ce8t of t6e a++438a7343t< of t6e $e ,3n3,35 $o8tr3ne"
So,e 8o*rt5 6o4$ t6at 8on5t3t*t3ona4 r3:6t5 are 5o 5a8re$ 3n o*r 5<5te, of C*5t38e t6at t6e< 8an ne#er
7e 8o,+ro,35e$ re:ar$4e55 of 6o; 5,a44 t6e 3n#a53on" In He55e4 #" OAHearn t6e Se#ent6 C3r8*3t
Co*rt of A++ea45 5*883n8t4< 5*,,e$ *+ t6e $e ,3n3,35 $o8tr3ne an$ 8on5t3t*t3ona4 r3:6t5 an$ note$
t6at an< #3o4at3on of 5*75tant3#e 8on5t3t*t3ona4 r3:6t5>5*86 a5 t6e r3:6t to free$o, of 5+ee86 or t6e
r3:6t to 7e free fro, *nrea5ona74e 5ear86e5 an$ 5e3K*re5 ent3t4e5 a +re#a343n: +4a3nt3ff to at 4ea5t
- 1@?@. -
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA0 PURSUANT TO SCR 111 AND RE!UEST FOR E2TENSION OF TIME TO SUPPLEMENT THIS
OPPOSITION
01426
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no,3na4 $a,a:e5" T6*5 t6e 8o*rt 3nt3,ate$ t6at e#en t6e 5,a44e5t of 3ntr*53on5 are a8t3ona74e" %''
F"@$ @%% E't6 C3r" 1%%@)" I$" At (.1>.@ (.&"
Peo+4e # C*rt35 E@..() NY S43+ O+ H1'1'EU) @ M358 @$ 1..(E&) '/& NYS @$ %@@:"
M$efen$ant ;a5 o75er#e$ 7< t6e $e+onent 5tore $ete8t3#e at a Sto+ Q S6o+ 5tore to ta=e a 7ott4e of
A$#34 #a4*e$ at L-"H% +4a8e 3t 3n 6er +o8=et 7oo= an$ ;a4= o*t of t6e 5tore ;3t6o*t +a<3n: for t6e
,e$38at3on" Defen$ant ;a5 arra3:ne$ on Mar86 ( @..( at ;6386 t3,e t6e 8o*rt 5*a 5+onte
$35,355e$ t6e 8o,+4a3nt 3n t6e f*rt6eran8e of C*5t38e +*r5*ant to CPL 1'."&." T6e Peo+4e ,o#e$ 7<
aff3r,at3on $ate$ Mar86 @1 @..( to rear:*e t6e $eter,3nat3on of t6e 8o*rt an$ Defen$ant 5*7,3tte$
+a+er5 3n o++o53t3on $ate$ A+r34 (. @..(" At 6ear3n: t6e +art3e5 5t3+*4ate$ t6at $efen$ant 6a5 6a$ no
+r3or 8onta8t5 ;3t6 t6e 8r3,3na4 C*5t38e 5<5te, 35 a ;e44 re5+e8te$ +*7438 586oo4 tea86er ;6o 6a5
ta*:6t =3n$er:arten for @1 <ear5 an$ at t6e t3,e of t6e 3n83$ent 6er 43fe ;a5 8on5*,e$ 7< 6er ro4e a5
5o4e 8are:3#er for 6er ter,3na44< 344 6*57an$ ;6o $3e$ +r3or to t6e 6ear3n: $ate" It ;a5 a45o note$ at
6ear3n: t6at $efen$ant 6a$ 7een re,o#e$ fro, ;or=3n: 3n t6e 84a55roo, 7< 6er e,+4o<er a5 a re5*4t
of 6er arre5t" Fo44o;3n: 6ear3n: t6e 8o*rt a$6ere5 to 3t5 or3:3na4 $eter,3nat3on an$ $35,355e5 t6e
8o,+4a3nt 3n t6e f*rt6eran8e of C*5t38e +*r5*ant to CPL 1'."&. for t6e rea5on5 6ere3nafter 5tate$" T6e
8*rrent 4an:*a:e of CPL 1'."&. ref4e8t5 t6e 635tor38a4 563ft 3n +o;er to $35,355 +en$3n: 8a5e5 3n t6e
f*rt6eran8e of C*5t38e fro, t6e eGe8*t3#e 7ran86 of :o#ern,ent to t6e C*$383ar<" 03t6 t6e ena8t,ent
of Se8t3on5 --( --& an$ -'1 of t6e Co$e of Cr3,3na4 Pro8e$*re 3n 1//1 t6e Ne; Yor= State
Le:354at*re re+4a8e$ t6e 8o,,on 4a; $o8tr3ne of Bno44e +ro5e9*3B ;6386 :rante$ to t6e +ro5e8*tor
$358ret3on to $358ont3n*e a +ro5e8*t3on 3n +ro:re55 7< +er,3tt3n: t6e 8o*rt to $35,355 an 3n$38t,ent
B3n t6e f*rt6eran8e of C*5t38e"B See Peo+4e #" R38=ert H/ N"Y"@$ 1@@ 1@- E1%/()F Peo+4e #" C4a<ton
&1 A"D"@$ @.& @.- E@$ De+At 1%'()F Peter Pre35er Pra8t38e Co,,entar< 3n N"Y" Cr3," Pro8" La; 55
1'."&. EM8K3nne< 1%%()F S6e34a K4e5 Cr3,3na4 Pro8e$*re II: Ho; M*86 F*rt6er 35 t6e F*rt6eran8e
- 1(?@. -
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA0 PURSUANT TO SCR 111 AND RE!UEST FOR E2TENSION OF TIME TO SUPPLEMENT THIS
OPPOSITION
01427
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of D*5t38eJ 1%/% Ann" S*r#" A," L" &1( &1&" T6e $35tr38t attorne< reta3n5 t6e +rero:at3#e to
+ro5e8*te +eo+4e ;6o 8o,,3t 8r3,e5" Peo+4e #" Z3,,er H1 N"Y"@$ (%. (%&" Ho;e#er Bone of t6e
refor,5 effe8te$ t6ro*:6 t6e <ear5 OR@I3n t6e +ro8e$*re to $35,355 a88*5ator< 3n5tr*,ent5 3n t6e
3ntere5t of C*5t38e ;a5 to re,o#e t6e +o;er to $o 5o fro, t6e off38e5 of t6e D35tr38t Attorne< an$
Attorne<>Genera4 an$ 4o$:e 3t 3n5tea$ 3n t6e 8o*rt5 a4one"B H/ N"Y"@$ at 1(1" T6e for,er 5tat*tor<
4an:*a:e of CPL 1'."&. an$ CPL @1."&. re9*3re$ a B5en53t3#e 7a4an8e 7et;een t6e 3n$3#3$*a4 an$ t6e
StateB an$ Bt6e *5e of t6e 5tat*te $e+en$e$ on4< on +r3n83+4e5 of C*5t38e not on t6e 4e:a4 or fa8t*a4
,er3t5 of t6e 86ar:e5 or e#en on t6e :*34t or 3nno8en8e of t6e $efen$ant"B Peo+4e #" C4a<ton &1
A"D"@$ @.& @.- E@$ De+At 1%'()" Ho;e#er t6e ante8e$ent 5tat*te5 ;6386 :rante$ +o;er to t6e 8o*rt
to $35,355 a 8r3,3na4 a8t3on 3n t6e 3ntere5t of C*5t38e fa34e$ to +ro#3$e 5+e83f38 :*3$e43ne5 for t6e
eGer835e of t6at +o;er" In Peo+4e #" Be4:e &1 N"Y"@$ -. E1%'-) t6e Co*rt of A++ea45 8a44e$ for
a,en$,ent of CPL @1."&. ar:*3n: t6at BOtIo t6e eGtent t6at t6e 5e8t3on no; fa345 to +re58r37e
5+e83f38 8r3ter3a for t6e re5+on5374e eGer835e of t6e $358ret3on :rante$ 7< t6e 5e8t3on an$ fa345 to
re9*3re t6e 8o*rt to art38*4ate t6e ,anner an$ eGtent to ;6386 t6e +art38*4ar 8a5e ,eet5 5*86 8r3ter3a 3t
35 o+en to ,35*5e an$ effe8t3#e a++e44ate re#3e; 35 ,a$e $3ff38*4t 3f not 3,+o55374e"B &1 N"Y"@$ at -@"
T6e Le:354at*re re5+on$e$ to t6e 8o*rtA5 8on8ern5 ;3t6 t6e a,en$,ent5 to CPL 1'."&. an$ CPL
@1."&. +ro,*4:ate$ 3n 1%'%" H/ N"Y"@$ at 1@'" In re#3e;3n: t6e 8*rrent 4an:*a:e of CPL 1'."&. a5
a,en$e$ 3n 1%'% t6e Co*rt of A++ea45 note$: BT6ro*:6o*t 3t5 635tor< an$ no 4e55 to$a< 3t5 t6r*5t
e#en to t6e $35re:ar$ of 4e:a4 or fa8t*a4 ,er3t 6a5 7een Ato a44o; t6e 4etter of t6e 4a; :ra8ef*44< an$
86ar3ta74< to 5*88*,7 to t6e 5+3r3t of C*5t38eAB H/ N"Y" at 1@- 9*ot3n: Peo+4e #" Da#35 HH M358"@$
-H- -H%" T6*5 $e5+3te t6e 8reat3on of 5tat*tor< 8r3ter3a ;6386 t6e 8o*rt ,*5t 8on53$er 3n t6e
a++438at3on of CPL 1'."&. t6e *n$er4<3n: 635tor38a4 8on53$erat3on5 of 4oo=3n: 7e<on$ t6e 4e:a4 an$
fa8t*a4 ,er3t5 of t6e 8a5e to a#o3$ 3nC*5t38e 7< :rant3n: $35,355a4 3n t6e f*rt6eran8e of C*5t38e 6a#e
- 1&?@. -
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA0 PURSUANT TO SCR 111 AND RE!UEST FOR E2TENSION OF TIME TO SUPPLEMENT THIS
OPPOSITION
01428
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re,a3ne$ 3nta8t" """t6e $e ,3n3,35 #a4*e of t6e 3te, ta=en a L-"H% 7ott4e of A$#34 +a3n ,e$38at3on
;6386 o88a53one$ a $e ,3n3,35 6ar, a44o;5 t6e 8o*rt to re:ar$ t6e 86ara8ter 635tor< an$ +er5ona4
83r8*,5tan8e5 of $efen$ant 3n or$er to fa3r4< 7a4an8e 6er 3ntere5t a:a3n5t t6at of t6e 8o,,*n3t<"N
In t6e 3n5tant 8a5e t6ere 35 5o,e 8o,+ar353on to t6e A$#34 t6eft" T6e 8o*:6 ,e$38at3on ,e4t5
a44e:e$4< 8on5*,e$ Ean$ t6ere 35 5o,e ar:*,ent to 7e ,a$e t6at an< 8on5*,+t3on 3n t6e 5tore ,ore
of a #an$a435, or $e5tr*8t3on of +ro+ert< or 5a,+43n: rat6er t6an a te86n38a4 +et3t 4ar8en<) 8onta3n
$eGtro,et6or+6an an$ 3n:e5t3n: an ent3re 7oG or t;o of t6o5e D*ra8t D2M (.,: 8o*:6 ,e4t5 ;o*4$
43=e4< ren$er one to 7e 3n8a+a74e of for,3n: t6e 3ntent ne8e55ar< to #3o4ate t6e +et3t 4ar8en< 5e8t3on of
t6e Reno M*n383+a4 Co$e /"1.".&. 3n a$$3t3on to ea53n: or $355o83at3n: one fro, t6e *n8o,orta74e
effe8t5 of 8o,3n: off of oneA5 5a< ant3$e+re55ant5 too ra+3$4< Se8"" /"1.".&." > Pet3t 4ar8en<" It 35
*n4a;f*4 for an< +er5on to ta=e or 8arr< a;a< t6e +ro+ert< of anot6er ;3t6 t6e 3ntent to $e+r3#e t6e
o;ner of 635 +ro+ert< t6ere3n 3n an< #a4*e 4e55 t6an L@H.".. an$ for 635 8on#38t3on t6erefor 6e 56a44
7e f3ne$ 3n an a,o*nt not ,ore t6an L1...".. an$?or 7e 3n8ar8erate$ not ,ore t6an 53G ,ont65" In
a$$3t3on to an< ot6er +ena4t< t6e 8o*rt 56a44 or$er t6e +er5on to +a< re5t3t*t3on" F*rt6er t6ere 35 5o,e
9*e5t3on a5 to ;6et6er t6e 8on#38t3on 35 a #o3$ C*$:,ent 8on53$er3n: t6e arre5t o88*rre$ on
re5er#at3on 4an$ an$ t6e Reno C3t< Attorne< +ro5e8*tor fa34e$ to e5ta74356 C*r35$38t3on 3n t6at t6e ra8e
of t6e a88*5e$ an$ ;6et6er or not t6e a88*5e$ 6a$ an< tr37a4 74oo$ E;6386 ;o*4$ t6erefore ,a=e
tr37a4 8o*rt t6e a++ro+r3ate 8o*rt of C*r35$38t3on) ;a5 e5ta74356e$"
BAn83ent $o8tr3ne5 6a#e 5*r#3#e$ 3n 4e:a4 for*,5 ;6ere t6e< ,a=e 8o,,on 5en5e 5er#e t6e
+*7438 at 4ar:e an$ at t6e 5a,e t3,e $o not $355er#e t6e en$5 of C*5t38e """" T635 :enera4 +r3n83+4e 6a5
7een 344*5trate$ 3n t635 Art384e re:ar$3n: t6e en$*r3n: 4e:a8< of t6e 4e:a4 ,aG3, B$e ,3n3,35 non
8*rat 4eGB t6e 4a; 8are5 not for tr3f4e5" S864386t,an #" N"D" H3:6;a< A*t6" H'% A"@$ 1@'H 1@'%
EN"D" S*+er" Ct" La; D3#" 1%%.)" To 7e 84ear t6e *n$er53:ne$ $oe5 not 8on53$er 5tea43n: an<t63n:
- 1H?@. -
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA0 PURSUANT TO SCR 111 AND RE!UEST FOR E2TENSION OF TIME TO SUPPLEMENT THIS
OPPOSITION
01429
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fro, an<one a tr3f4e" D*5t a5 8on$*8t3n: 5ear86e5 t6at are #3o4at3#e of t6e Fo*rt6 A,en$,ent are not
a88e+ta74e C*5t a5 4<3n: on t6e ;3tne55 5tan$ 3n an atte,+t to +ro8*re a 8on#38t3on 35 not a88e+ta74e
C*5t a5 +*tt3n: on te5t3,on< t6at a +ro5e8*tor =no;5 to 7e fa45e 35 not a88e+ta74e C*5t a5 fa343n: to
t3,e4< +ro#3$e an a88*5e$ a88e55 to t6e +o438e re+ort an$ ;3tne55 5tate,ent5 C*5t a5 $en<3n: an
a88*5e$ 3n a 8r3,3na4 +ro5e8*t3on 635 S3Gt6 A,en$,ent R3:6t to Co*n5e4 ;6ere Ca34 t3,e 35 a
+o5537343t< on4< to t6en 5enten8e t6e a88*5e$ to t6ree $a<5 of Ca34 35 43=e4< #3o4at3on of t6e 5+3r3t of t6e
S3Gt6 A,en$,ent"""
Ho;e#er t6e +r3#34e:e of 7e3n: an attorne< t<+38a44< re9*3re5 ,ore of one t6an 35 a88e+ta74e
fro, t6e :enera4 +*7438" Attorne< ;6o 8o,,3t5 a8t of +rofe553ona4 ,358on$*8t 7< 56o+43ft3n: ;344 7e
8en5*re$ ;6ere at t3,e of 3n83$ent attorne< C*$:,ent ;a5 5*ff383ent4< 3,+a3re$ to 8a*5e 6er
a7errat3ona4 8on$*8t an$ ;6ere attorne< 6a5 5o*:6t an$ o7ta3ne$ a++ro+r3ate +5<86o4o:38a4 6e4+"
M8K3nne< D*$383ar< La; P %.F N"Y"Ct" R*4e5 P -%1"@" Matter of Mon:3o3 @1( A"D"@$ 1.' -(1
N"Y"S"@$ '' E@$ De+At 1%%H)" SCon#38t3on of 84a55 B ,35$e,eanor of t6eft an$ a$,3553on to 86ar:e
of 56o+43ft3n: ;arrante$ @&B,ont6 5*5+en53on fro, +ra8t38e of 4a; 5ta<e$ on 8on$3t3on t6at attorne<
8o,,3t no f*rt6er a8t5 of t6eft ;6ere attorne< 6a$ no +r3or $3583+43nar< re8or$ re5t3t*t3on ;a5 ,a$e
3n 7ot6 3n5tan8e5 6e ;a5 ;e44>re:ar$e$ a5 8o,+etent an$ ta4ente$ 4a;<er 6e 6a$ re8ent4< 4o5t 635
e,+4o<,ent 6e ;a5 re8e3#3n: treat,ent for +er5ona4 an$ e,ot3ona4 5tre55 3n84*$3n: 3nten53#e
treat,ent 53n8e t3,e of 3n83$ent5 6e ,a$e f*44 an$ free $3584o5*re 3n $3583+43nar< 3n#e5t3:at3on an$
;a5 8oo+erat3#e to;ar$ +ro8ee$3n:5 6e a$,3tte$ 8on$*8t 3n 7ot6 +et3t3on5 an$ 6e ;a5 8ontr3te an$
re,or5ef*4" R*4e5 for La;<er D3583+43ne R*4e 1"@ 5*7$" AE@)F Stan$ar$5 for I,+o53n: La;<er
San8t3on5 Stan$ar$ %"(" A++438at3on for D3583+43nar< A8t3on 11( A"L"R" 11'% Pa:e (&. 11( A"L"R"
11'% EOr3:3na44< +*74356e$ 3n 1%(/) 1%%' ND @(& H'1 N"0"@$ ('. EN"D" 1%%')" Attorne<
8on#38t3on5 for 56o+43ft3n: an$ 635 fa34*re to re+ort one of t6o5e 8on#38t3on5 to Bar A55o83at3on ;6en
- 1-?@. -
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA0 PURSUANT TO SCR 111 AND RE!UEST FOR E2TENSION OF TIME TO SUPPLEMENT THIS
OPPOSITION
01430
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5+e83f38a44< 9*e5t3one$ ;arrante$ 5*5+en53on fro, +ra8t38e of 4a; for 1/ ,ont65 ;3t6 one <ear of
5*5+en53on 5ta<e$ +en$3n: 5*88e55f*4 8o,+4et3on of one><ear +ro7at3on +er3o$ an$ a++ro+r3ate
8o*n5e43n:" Co$e of Prof"Re5+" DR 1B1.@EA)E( & -) DR 1B1.(EA)" C3n83nnat3 Bar A55n" #" F3$4er
/( O63o St" ($ (%- 1%%/>O63o>(% '.. N"E"@$ (@( E1%%/)"
Fa8t*a44< t6ere 35 ,ore to t635 8a5e t6an 35 :one 3nto 3n $eta34 6ere 6o;e#er t6e *n$er53:ne$
6a5 +re5ente$ Bar Co*n5e4 ;3t6 ,e$38a4 re8or$5 treat,ent *n$er:one 8ont3n*3n: ,on3tor3n: an$
5*++ort 5o*r8e5 ot6er ,3t3:at3n: fa8tor5 an$ ot6er 8onf3$ent3a4 3nfor,at3on ;6386 ,a< a5535t t635
Co*rt 3n r*43n: on t635 ,atter"
F*rt6er t6e D35tr38t Co*rt 3n t6e a++ea4 of t635 ,atter 3n$38ate$ t6at t6e 5ett3n: of a 6ear3n:
for t6e a++ea4 ;a5 ,ere4< an$ 3,a:3nar< eGer835e a5 no 6ear3n: ;o*4$ ta=e +4a8e a5 a ,atter of
8o*r5e $e5+3te one 5ee,3n:4< 7e3n: re9*3re$ 7< NRS 1/%"
Con8ern3n: a++ea45 fro, C*5t38e to $35tr38t 8o*rt NRS 1/%".(.E1) +ro#3$e5: BT6e C*5t38e 56a44
;3t63n 1. $a<5 after t6e not38e of a++ea4 35 f34e$ tran5,3t to t6e 84er= of t6e $35tr38t 8o*rt t6e
tran58r3+t of t6e 8a5e a44 ot6er +a+er5 re4at3n: to t6e 8a5e an$ a 8ert3f3e$ 8o+< of 635 $o8=et"B
Ho;e#er NRS &"&1.E@) +ro#3$e5: BT6e fee5 for tran58r3+t5 an$ 8o+3e5 Oof C*5t38eA5 8o*rt +ro8ee$3n:5I
,*5t 7e +a3$ 7< t6e +art< or$er3n: t6e," In a 83#34 8a5e t6e +re+arat3on of t6e tran58r3+t nee$ not
8o,,en8e *nt34 t6e fee5 6a#e 7een $e+o53te$ ;3t6 t6e $e+*t< 84er= of t6e 8o*rt"B Bra6a, #" D35t" Ct"
1.( Ne#" -&& '&' P"@$ 1(%. E1%/')"
F3na44< t6e *n$er53:ne$ a8=no;4e$:e5 t6at 6e nee$5 to $o 7etter o#era44 an$ :*ar$ ,ore
84o5e4< a:a3n5t a8t3n: 3n an< ,anner ;6386 ,3:6t :3#e off e#en t6e a++earan8e of 3,+ro+r3et< an$
ta=e 5tron:er +re8a*t3on5 to 3n5*re t6at 6e 35 f3nan83a44< 5o4#ent eno*:6 to a75or7 t6e 5ort5 of 543n:5
- 1'?@. -
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA0 PURSUANT TO SCR 111 AND RE!UEST FOR E2TENSION OF TIME TO SUPPLEMENT THIS
OPPOSITION
01431
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an$ arro;5 t6at one 56o*4$ eG+e8t to 8o,e t6e3r ;a< 3n t635 ;or4$ ;3t6o*t a reo88*ren8e of t6e
83r8*,5tan8e5 $eta34e$ 6ere3n"
CONCLUSION
T6e *n$er53:ne$ a5=5 t635 Co*rt re5+e8tf*44< to 8on53$er not 5*5+en$3n: 635 4a; 438en5e an$
to a44o; t6e *n$er53:ne$ a$$3t3ona4 t3,e to 5*++4e,ent t635 O++o53t3on"
AFFIRMATION P*r5*ant to NRS @(%B".(.
T6e *n$er53:ne$ $oe5 6ere7< aff3r, t6at t6e +re8e$3n: $o8*,ent $oe5 not 8onta3n t6e 5o83a4 5e8*r3t<
n*,7er of an< +er5on"
Re5+e8tf*44< 5*7,3tte$ t635: Ma< @&t6 @.1@
?5? Za86 Co*:643n 53:ne$ e4e8tron38a44<
Za86 Co*:643n E59"
PO BO2 (%-1
Reno NV /%H.H
Pro Per Attorne<
- 1/?@. -
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA0 PURSUANT TO SCR 111 AND RE!UEST FOR E2TENSION OF TIME TO SUPPLEMENT THIS
OPPOSITION
01432
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DECLARATION OF ZACH COUGLIN IN SUPPORT OF THE FOREGOING DOCUMENT
1" T635 De84arat3on 35 ,a$e +*r5*ant to t6e +ro#353on5 of NRS H(".&H I a, +re5ent4< 3n t6e State of
Ne#a$a an$ I $e84are *n$er +ena4t< of +erC*r< t6at t6e fore:o3n: 35 tr*e an$ 8orre8t"
@" De84arant 35 t6e Attorne< 3n t6e a7o#e t3t4e$ a8t3on"
(" De84arant a#er5 t6at t6e fa8t*a4 5tate,ent5 5et for a7o#e 3n t6e fore:o3n: $o8*,ent are to t6e
7e5t of 635 =no;4e$:e an$ *n$er5tan$3n: a88*rate"
&" I Za86 Co*:643n a, a#a34a74e to te5t3f< 3f ne8e55ar< a5 to t6e5e ,atter5" I $e84are *n$er +ena4t<
of +erC*r< t6at t6e fore:o3n: 35 tr*e an$ 8orre8t"
Date$ t635 Ma< @&
t6
@.1@
?5? Za86 Co*:643n
Za86 Co*:643n
Pro Per Attorne<
- 1%?@. -
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA0 PURSUANT TO SCR 111 AND RE!UEST FOR E2TENSION OF TIME TO SUPPLEMENT THIS
OPPOSITION
01433
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Proof of Ser#38e:
On t635 $ate I Za86 Co*:643n e4e8tron38a44< 5er#e$ a tr*e an$ 8orre8t 8o+< of t6e fore:o3n:
$o8*,ent to a44 re:35tere$ e4e8tron38 f34er5 an$ to t6o5e ;6o, are not I +4a8e$ a tr*e an$ 8orre8t 8o+<
of t6e fore:o3n: $o8*,ent 3n t6e *5+5 ,a34 on t635 $ate:
Patr38= O" K3n: E59" A5535tant Bar Co*n5e4
%&H- Do*74e R" B4#$ S*3te B
Reno NV /%H@1
Date$ t635 Ma< @&t6 @.1@
?5? Za86 Co*:643n
Za86 Co*:643n
Pro Per Attorne<
- @.?@. -
OPPOSITION TO PETITION OF BAR COUNSEL FOR TEMPORARY SUSPENSION FROM THE PRACTICE OF
LA0 PURSUANT TO SCR 111 AND RE!UEST FOR E2TENSION OF TIME TO SUPPLEMENT THIS
OPPOSITION
01434
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Electronically Filed
Jun 18201209:24 a.m
Tracie K. Lindeman
Clerk of Supreme Cou
IN THE SUPREME COURT OF THE STATE OF NEVADA
n Re Matter of:
ACHARY BARKER COUGHLIN, ESQ.
evada Bar No: 9473
)
)
)
) Supreme Court No: 60838
)
)
COMES NOW, ZACHARY BARKER COUGHLIN, ESQ., and files the above named
document and moves this Court for the relief requested herein. This filing is further based upon the
papers and pleadings on file herein and in the case in the trail court and the appeal in the District
Court and the Memorandum of Points and Authorities submitted herewith and any oral argument this
Court may desire. Alternatively, Coughlin requests that the Court set aside his temporary suspension
pursuant to SCR 111 (7) and refuse to countenance the SCR 117 Petition as well. By way of the
showing of good cause Coughlin attempts to set forth herein. Beyond any mitigating factors, the
good cause is this: for the law to work, there needs to be environment where bullying opposing
- 1195-
MOTION FOR LEAYE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPOMRY SUSPENSION AND NOTICE OF SUPREME COURT CLERK'S FAILURE TO TIMELY FILE
opPOSITION TO BAR COUNSEL'S PETITION FOR TEMPORARY SUSPENSION and SCR lIZ Petition
01435
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7o*n4e3 4t233 5a#e to earn t5e2r #27tor2e4 rat5er t5an 3e#era9e 7o,,2ttee4 73*64 for7e4 an$ enfor7er4
to +*t +o2nt4 on t5e 6oar$ for t5e, t5ro*95 2nn*en$o nann;A4tat2n9 a6*4e of +ro7e44 et7" et7" T524
7a4e 24 a 3ot ,ore 2,+ortant t5an ,e" I >no: I a, an 2n429n2f27ant 7o9 2n t524 4+5ere 6*t :5at 24 at
4ta>e 5ere 24 t5e +er7e+t2on an$ t5e rea32t; a4 to :5et5er a 7328*245 t;rann; o#err2$e4 t5e +r2n72+3e4
*+on :5275 t5e 63a7> 2n> 2n t524 Co*rt04 o+2n2on4 f3o:"
STATEMENT OF FACTS
<" T5e *n$er429ne$ =Co*9532n) 4*6,2tte$ to t5e S*+re,e Co*rt of Ne#a$a04 e3e7tron27 f232n9 4;4te,
an O++o42t2on to Bar Co*n4e304 +et2t2on on or a6o*t Ma; B&
t5
B.<B a4 an or292na3 ,atter 92#en t5e
on32ne 4;4te, :o*3$ not a33o: f232n94 2n t5e 7a4e 2t4e3f =-./(/)" T5e C3er>04 Off27e ref*4e$ to f23e
,ar> a4 re7e2#e$ or a++arent3; 2n an; :a; ,a>e t5e C*4t27e4 of t524 Co*rt a:a; of t5e O++o42t2on"
On3; after t5e *n$er429ne$ re+*tat2on 5a4 6een 4*332e$ 6; ne:4 o*t3et4 far an$ :2$e =an art273e
a++eare$ 2n +a+er4 2n at 3ea4t t5ree $2fferent 72t2e4 4e+arate$ 6; t5e #a4t eD+an4e of o*r 4tate) $2$ t5e
C3er>04 Off27e a33o: Co*9532n to f23e 4o,et52n9 2n an atte,+t to te33 524 42$e of t5e 4tor; 5ere an$
a#o2$ t5e +reE*$27e t5at :o*3$ 6e $one 524 7523$ 7*4to$; fore73o4*re $efen4e 6an>r*+t7; an$ ot5er
ot5er 732ent4 45o*3$ Co*9532n04 3a: 327en4e 6e 4*4+en$e$ e#en te,+orar23;"
NRCP RULE @" SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS""""NRCP
@=e) F232n9 12t5 t5e Co*rt Def2ne$: FT5e f232n9 of +3ea$2n94 an$ ot5er +a+er4 :2t5 t5e 7o*rt a4
re8*2re$ 6; t5e4e r*3e4 45a33 6e ,a$e 6; f232n9 t5e, :2t5 t5e 73er> of t5e 7o*rt eD7e+t t5at t5e E*$9e
,a; +er,2t t5e +a+er4 to 6e f23e$ :2t5 t5e E*$9e 2n :5275 e#ent t5e E*$9e 45a33 note t5ereon t5e f232n9
$ate an$ fort5:2t5 tran4,2t t5e, to t5e off27e of t5e 73er>" A 7o*rt ,a; 6; 3o7a3 r*3e +er,2t +a+er4 to
6e f23e$ 429ne$ or #er2f2e$ 6; e3e7tron27 ,ean4 t5at are 7on424tent :2t5 te75n27a3 4tan$ar$4 2f an;
t5at t5e C*$272a3 Conferen7e of t5e Un2te$ State4 e4ta63245e4" A +a+er 429ne$ 6; e3e7tron27 ,ean4 2n
- B?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01436
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7o,+32an7e :2t5 t5e 3o7a3 r*3e 7on4t2t*te4 a :r2tten +a+er +re4ente$ for t5e +*r+o4e of a++3;2n9 t5e4e
r*3e4" T5e 73er> 45a33 not ref*4e to a77e+t for f232n9 an; +a+er +re4ente$ for t5at +*r+o4e 4o3e3;
6e7a*4e 2t 24 not +re4ente$ 2n +ro+er for, a4 re8*2re$ 6; t5e4e r*3e4 or an; 3o7a3 r*3e4 or +ra7t27e4"G
NRCP @=e)"
F*rt5er NRCP @=e) 5o3$4 t5at: H=e)"" T5e 73er> 45a33 not ref*4e to a77e+t for f232n9 an;
+a+er +re4ente$ for t5at +*r+o4e 4o3e3; 6e7a*4e 2t 24 not +re4ente$ 2n +ro+er for, a4 re8*2re$ 6; t5e4e
r*3e4 or an; 3o7a3 r*3e4 or +ra7t27e4"H
12t5 re9ar$ to t5e 1DC f232n9 off27e? eF3eD 4taff ref*42n9 to f23e +a+er4 4*6,2tte$ for f232n9
+3ea4e 7on42$er:
S*332#an #" E295t5 C*$272a3 D24t" Co*rt In an$ For Co*nt; of C3ar> %.& P"B$ <.(% <<< Ne#"
<(-' =Ne#" <%%@): FT524 +ro+er +er4on +et2t2on for a :r2t of ,an$a,*4 4ee>4 an or$er fro, t524
7o*rt $2re7t2n9 t5e E295t5 C*$272a3 D24tr27t Co*rt to f23e +et2t2oner04 a++327at2on to +ro7ee$ 2n for,a
+a*+er24 an$ 524 72#23 7o,+3a2nt" < On C*3; B@ <%%@ :e or$ere$ t5e 4tate to f23e an an4:er to t524
+et2t2on" T5e 4tate04 an4:er :a4 f23e$ on A*9*4t << <%%@" B Do7*,entat2on 4*6,2tte$ 6; +et2t2oner to
t524 7o*rt e4ta63245e4 t5at +et2t2oner 4*6,2tte$ to t5e 73er> of t5e $24tr27t 7o*rt for f232n9 an a++327at2on
to +ro7ee$ 2n for,a +a*+er24 an$ a 72#23 7o,+3a2nt on Ma; <@ <%%@" A3t5o*95 t5e a++327at2on for
3ea#e to +ro7ee$ 2n for,a +a*+er24 :a4 2n +ro+er for, an$ :a4 4:orn to *n$er +ena3t; of +erE*r; t5e
73er> of t5e $24tr27t 7o*rt $2$ not f23e t5at a++327at2on" ( T5e fa23*re to f23e t5e a++327at2on :a4 2n
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MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01438
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MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01439
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- -?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01440
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MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01441

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MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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:2tne44e$ t5e a77*4e$ 4e3e7t 2t fro, t5e 45e3f 2n t5e 7an$; 243e :5275 24 not refr29erate$" See ED5262t
<"
(" F*rt5er t5e on3; ot5er +2e7e of a33e9e$3; 2n7r2,2nat2n9 e#2$en7e :a4 t5e fr*2t of an
2,+er,244263e 4ear75" RSIC Off27er Ka,eron Cra:for$ te4t2f2e$ t5at 5e on3; ,a$e an arre4t an$
t5erefore 7on$*7te$ a 4ear75 2n72$ent to arre4t 2n 3295t of t5e a77*4e$04 a33e9e$ ref*4a3 to +ro#2$e 524
$r2#er04 327en4e" Ho:e#er t5e t:o #2$eo4 of t5e $etent2on an$ 4ear75 2n t5e 1a3AMart 2nterro9at2on
roo, 73ear3; re#ea3 t5e a77*4e$ +ro#2$2n9 t5at 4a,e RSIC off27er 524 $r2#er04 327en4e an$ t5e Off27er
ra$2o2n9 2n t5e $r2#er04 327en4e n*,6er to r*n a ro*t2ne 75e7> an$ t5e arre4t re+ort 73ear3; 7onta2n4 t5e
$r2#er04 327en4e n*,6er of t5e a77*4e$ an$ ot5er 2nfor,at2on 7*33e$ fro, t5e RSIC off27er04 re#2e: of
t5e $r2#er04 327en4e" F*rt5er t5e +art2a3 7ontent4 of a 7o*95 ,e3t +a7>a9e :a4 fo*n$ 2n t5e a77*4e$
+o7>et4" Ho:e#er t5e re7e2+t for t5e O/("/B :ort5 of 9ro7er2e4 an$ 4*n$r2e4 t5e a77*4e$ +*r75a4e$
2,,e$2ate3; +r2or to t5e arre4t 6are4 an$entr; :2t5 t5e eDa7t 4a,e UPC of t5e 7o*95 ,e3t4 fo*n$ 2n
t5e a77*4e$04 +o7>et"
&" T5en t5e 1a3AMart :2tne44 a$,2tte$ *n$er oat5 :523e te4t2f;2n9 t5at 5e 7o*3$ not 5ear :5et5er
or not t5e a77*4e$ to3$ t5e 7a452er r2n92n9 *+ t5e 4o,e O/("/B :ort5 of 2te,4 +*r75a4e$ :5et5er t5e
a77*4e$ 5a$ or 5a$ 7on4*,e$ a 7erta2n a 8*ant2t; of t5e D*ra7t Co*95 Me3t4 :523e 45o++2n9" T5e
1a3AMart 3o44 +re#ent2on a44o72ate f*rt5er te4t2f2e$ t5at 2t :a4 a 7o,,on an$ a77e+te$ +ra7t27e at
1a3AMart for 45o++er4 to 2nfor, 7a452er4 of t5e n*,6er or 8*ant2t; of a 7erta2n 2te, t5e; :ere
+*r75a42n9 rat5er t5an 5a#e t5e 7a452er r2n9 *+ ea75 of t5e $*+327at2#e 2te,4 one 6; one" F*rt5er t5e
1a3AMart an$ In$2an Co3on; Off27er te4t2f2e$ t5at on t5e re7e2+t for t5e 2te,4 t5e a77*4e$ $2$ +a; for
t5e UPC of t5e t;+e of 7o*95 ,e$27at2on ,e3t4 t5e; 4a; t5e a77*4e$ 4to3e $2$ not a++ear 5o:e#er a
re#2e: of t5at re7e2+t 73ear3; 45o:4 t5at t5at UPC for 7o*95 ,e3t4 24 an entr; on t5at re7e2+t" A34o
a,aL2n93; t5e 1a3AMart 3o44 +re#ent2on a44o72ate te4t2f2e$ t5at 5e 7o*3$ 93ean fro, (. ;ar$4 a:a;
- %?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01443
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ea75 an$ e#er; 2te, t5e 7a452er r*n9 *+ for ,e an$ t5at t5o4e 2te,4 $2$ not 2n73*$e 4*75 a 6oD of t5e
7o*95 ,e$27at2on ,e3t4" Ho:e#er t5e a77*4e$ 45o:e$ 2n 7o*rt an$ 2n eD5262t4 t5at t5e re7e2+t for t5e
2te,4 t5e a77*4e$ +*r75a4e$ $2$ 5a#e one 2te, :2t5 t5e 4a,e UPC a4 t5e eDa7t t;+e of 7o*95
,e$27at2on ,e3t4" So t5e 1a3AMart 3o44 +re#ent2on a44o72ate a$,2tte$ ne2t5er 5e nor an;one at 1a3A
Mart 7o*3$ 4a; t5at t5e; 7o*3$ 5ear :5et5er t5e a77*4e$ to3$ t5e 7a452er a 8*ant2t; to r2n9 *+ for t5e
7o*95 ,e$27at2on ,e3t 6oD :2t5 t5e 4a,e UPC a4 t5e one4 1a3AMart a33e9e4 :ere 4to3en or
7on4*,e$ :523e 45o++2n9"""" F*rt5er t5e In$2an Co3on; Off27er te4t2f2e$ t5at 5e on3; arre4te$ t5e
a77*4e$ an$ 7on$*7te$ a 4ear75 2n72$ent to arre4t 6e7a*4e t5e a77*4e$ $2$n0t +ro#2$e t5e a77*4e$04
$r2#er04 327en4e to 52," Ho:e#er t5e #2$eo of t5e 1a3AMart 2nterro9at2on roo, 2nter#2e: 73ear3;
45o:4 t5e a77*4e$ 92#2n9 t5e off27er t5e a77*4e$04 $r2#er04 327en4e an$ 52, ra$2o2n9 2t 2n to 524
$24+at75 an$ 52, ta>2n9 $o:n t5e $r2#er04 327en4e n*,6er an$ ot5er 2nfor,at2on off of 2t"
@" La4t3; t5e *n$er429ne$ re+orte$ t5e 7on#27t2on 2n t5e tr2a3 7o*rt :523e an a++ea3 :a4
+en$2n9 2n D24tr27t Co*rt to Bar Co*n4e3" T5e *n$er429ne$ re+orte$ t5e 7on#27t2on to Bar Co*n4e3 on
524 o:n an$ a4 far a4 t5e *n$er429ne$ >ne: at t5e t2,e +r2or to Bar Co*n4e3 6e2n9 a:are of t5e
7on#27t2on" F*rt5er $e+en$2n9 *+on 5o: t5e 3en9t5 of t2,e 6et:een t5e ren$2t2on or not27e of entr;
of t5e 7on#27t2on an$ :5en t5e *n$er429ne$ re+orte$ t5e 7on#27t2on to Bar Co*n4e3 24 ,ea4*re t5e
*n$er429ne$ ar9*a63; t2,e3; 7o,+32e$ :2t5 t5e F:2t52n (. $a;4G $27tate of SCR <<< =on3; 2ntro$*7e$
2n B..' an$ +er5a+4 4o,e:5at $2ff27*3t to f2n$ 92#en t5at t5e R*3e4 of Profe442ona3 Con$*7t ,295t
4ee, a ,ore a+t +3a7e to 3oo> for 4*75 a re+ort2n9 re8*2re,ent""") an$ 2f not t5en t5e *n$er429ne$
:a4 on3; a fe: $a;4 6e;on$ t5e F:2t52n (. $a;4G re8*2re,ent a33 :523e f232n9 an a++ea3 an$ 32t29at2n9
a 7ontent2o*4 4*,,ar; e#27t2on fro, t5e *n$er429ne$ for,er 5o,e 3a: off27e"
-" At Tr2a3 at B:@B:B@ +, 2n t5e a*$2o tran47r2+t 4*6,2tte$ 2nto e#2$en7e 6; Co*9532n 2n t5e
Re7or$ on A++ea3 =ROA) 2n t5e for, of a 7$ of t5e a*$2o re7or$2n9 Front2no te4t2f2e$ *n$er oat5 a4
- <.?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01444
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fo33o:4 :2t5 re9ar$ to :5at 5e an$ Co*9532n $247*44e$ *+on Front2no 2n4tr*7t2n9 Co*9532n to 9o :2t5
52, 6a7> to t5e a44et +rote7t2on 2nterro9at2on roo,:
C2t; Attorne; Pa, Ro6ert4: 15at 4+e72f27 2nfor,at2on $2$ ;o* a4> of Mr" Co*9532nM
T5o,a4 Front2no: I$ent2f27at2on 524 na,e 62rt5 $ate 4o72a3 4e7*r2t; n*,6er"
C2t; Attorne; Pa, Ro6ert4: An$ $2$ 5e +ro#2$e an; of t5at 2nfor,at2on to ;o*M
T5o,a4 Front2no: No 5e $2$ not"
C2t; Attorne; Pa, Ro6ert4: Ba4e$ *+on 524 *n:2332n9ne44 to +ro#2$e t5at 2nfor,at2on $2$ ;o* ta>e
an; f*rt5er a7t2onM
T5o,a4 Front2no: Ye4 :e 7a33e$ t5e +o327e t5e Reno S+ar>4 In$2an Co3on; Tr26a3 Po327e
De+art,ent" T5e; *4*a33; arr2#e :2t52n ten ,2n*te4 I 6e32e#e ,; 4tate,ent ref3e7t4 2t :a4 3e44 t5an
t5at"
Ho:e#er 2t :a4 not 3on9 6efore Front2no 7ontra$27te$ t5at te4t2,on; 6e7o,2n9
*n7o,forta63e :2t5 Co*9532n04 32ne of 8*e4t2on2n9"
'" Here 24 an atte,+t at ,a>2n9 a tran47r2+t 42n7e t5e RMC 75o4e not to +re+are one an$ for:ar$ 2t
on to t5e D24tr27t Co*rt 2n t5e A++ea3 =CR<<AB.-&) a4 re8*2re$ *n$er Ne#a$a 3a: :2t52n <. $a;4 of
t5e f232n9 of a not27e of a++ea3" C*$9e E332ot ,ana9e$ to eD7*4e t5at 6; 72t2n9 to a 72#23 4tat*te 6*t 5e
a34o a++32e$ NRCP -=e) for t5e 7o,+*tat2on of t2,e 2n a 7r2,2na3 a++ea3 for t5e +*r+o4e4 of
7a37*3at2n9 t5e $ea$32ne to f23e a not27e of a++ea3 4o 2t :a4 >2n$ of a :a45"
LEGAL ARGUMENT
NRS 171.1255 Arrest by off!er or age"t of #$rea$ of %"da" Affars or &ol!e off!er
e'&loyed by %"da" trbe.
<" ED7e+t a4 ot5er:24e +ro#2$e$ 2n 4*64e7t2on B an off27er or a9ent of t5e B*rea* of In$2an
Affa2r4 or a +er4on e,+3o;e$ a4 a +o327e off27er 6; an In$2an tr26e ,a; ,a>e an arre4t 2n o6e$2en7e
to a :arrant $e32#ere$ to 52, or 5er or ,a; :2t5o*t a :arrant arre4t a +er4on:
=a) For a +*6327 offen4e 7o,,2tte$ or atte,+te$ 2n t5e off27er or a9entP4 +re4en7e"
=6) 15en a +er4on arre4te$ 5a4 7o,,2tte$ a fe3on; or 9ro44 ,24$e,eanor a3t5o*95 not 2n t5e
off27er or a9entP4 +re4en7e"
=7) 15en a fe3on; or 9ro44 ,24$e,eanor 5a4 2n fa7t 6een 7o,,2tte$ an$ t5e off27er or a9ent 5a4
rea4ona63e 7a*4e for 6e32e#2n9 t5e +er4on arre4te$ to 5a#e 7o,,2tte$ 2t"
- <<?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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=$) On a 75ar9e ,a$e *+on a rea4ona63e 7a*4e of t5e 7o,,2442on of a fe3on; or 9ro44
,24$e,eanor 6; t5e +er4on arre4te$"
=e) 15en a :arrant 5a4 2n fa7t 6een 244*e$ 2n t524 State for t5e arre4t of a na,e$ or $e47r26e$
+er4on for a +*6327 offen4e an$ t5e off27er or a9ent 5a4 rea4ona63e 7a*4e to 6e32e#e t5at t5e +er4on
arre4te$ 24 t5e +er4on 4o na,e$ or $e47r26e$"
=f) 15en t5e +ea7e off27er 5a4 +ro6a63e 7a*4e to 6e32e#e t5at t5e +er4on to 6e arre4te$ 5a4
7o,,2tte$ a 6atter; *+on t5at +er4onP4 4+o*4e an$ t5e +ea7e off27er f2n$4 e#2$en7e of 6o$23; 5ar,
to t5e 4+o*4e"
B" S*75 an off27er or a9ent ,a; ,a>e an arre4t +*r4*ant to 4*64e7t2on < on3;:
=a) 12t52n t5e 6o*n$ar2e4 of an In$2an re4er#at2on or In$2an 7o3on; for an offen4e 7o,,2tte$ on
t5at re4er#at2on or 7o3on;K or
=6) O*t42$e t5e 6o*n$ar2e4 of an In$2an re4er#at2on or In$2an 7o3on; 2f t5e off27er or a9ent 24 2n
fre45 +*r4*2t of a +er4on :5o 24 rea4ona63; 6e32e#e$ 6; t5e off27er or a9ent to 5a#e 7o,,2tte$ a
fe3on; :2t52n t5e 6o*n$ar2e4 of t5e re4er#at2on or 7o3on; or 5a4 7o,,2tte$ or atte,+te$ to 7o,,2t
an; 7r2,2na3 offen4e :2t52n t5o4e 6o*n$ar2e4 2n t5e +re4en7e of t5e off27er or a9ent"
Q For t5e +*r+o4e4 of t524 4*64e7t2on Ffre45 +*r4*2tG 5a4 t5e ,ean2n9 a47r26e$ to 2t 2n NRS
<'<"<@-"
NRS <'<"<(- 15en arre4t ,a; 6e ,a$e:"""
B" If 2t 24 a ,24$e,eanor t5e arre4t 7annot 6e ,a$e 6et:een t5e 5o*r4 of ' +"," an$ ' a","
eD7e+t:
=6) 15en t5e offen4e 24 7o,,2tte$ 2n t5e +re4en7e of t5e arre4t2n9 off27erK
=7) 15en t5e +er4on 24 fo*n$ an$ t5e arre4t 24 ,a$e 2n a +*6327 +3a7e or a +3a7e t5at 24 o+en to t5e
+*6327 an$:
=<) T5ere 24 a :arrant of arre4t a9a2n4t t5e +er4onK an$
=B) T5e ,24$e,eanor 24 $247o#ere$ 6e7a*4e t5ere :a4 +ro6a63e 7a*4e for t5e arre4t2n9 off27er
to 4to+ $eta2n or arre4t t5e +er4on for anot5er a33e9e$ #2o3at2on or offen4eK
=$) 15en t5e offen4e 24 7o,,2tte$ 2n t5e +re4en7e of a +r2#ate +er4on an$ t5e +er4on ,a>e4 an
arre4t 2,,e$2ate3; after t5e offen4e 24 7o,,2tte$K
Se7" /"<.".&." A Pet2t 3ar7en;"
FIt 24 *n3a:f*3 for an; +er4on to ta>e or 7arr; a:a; t5e +ro+ert; of anot5er :2t5 t5e 2ntent to
$e+r2#e t5e o:ner of 524 +ro+ert; t5ere2n 2n an; #a3*e 3e44 t5an OB@.".. an$ for 524 7on#27t2on
t5erefor 5e 45a33 6e f2ne$ 2n an a,o*nt not ,ore t5an O<...".. an$?or 6e 2n7ar7erate$ not ,ore
t5an 42D ,ont54" In a$$2t2on to an; ot5er +ena3t; t5e 7o*rt 45a33 or$er t5e +er4on to +a; re4t2t*t2on"G
T5e arre4t 2n t524 ,atter fa234 on e#er; e3e,ent of NRS <'<"<B-=B)=6)A=$)" F*rt5er :523e 2t
24 8*2te 8*e4t2ona63e to 2nfer e#2$en7e of 9*23t 6a4e$ *+on t5e fr*2t of an 2,+er,2442363e 4ear75 of
- <B?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01446
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Co*9532n04 +o7>et4 =:5275 a33e9e$3; re#ea3e$ one 5a3f of t5e 7ontent4 of one +a7>a9e of D*ra7t
Co*95 Me3t4 =- ,e3t4 2n a fo23 45eet) e4+e72a33; :5ere Co*9532n 5a$ E*4t +a2$ for =an$ t5e re7e2+t
for O/("/B 7onf2r,4 t524) a +a7>a9e of t5e eDa7t +ro$*7t a33e9e$3; 7on4*,e$ t5e D*ra7t Co*95
Me3t4 =UPC .'(BB<-(..%()" T524 24 +art27*3ar3; tr*e :5ere t5ere :a4 not e#2$en7e 2n t5e re7or$ or
te4t2,on; offere$ t5at t5e 7ontent4 of Co*9532n04 45o++2n9 6a9 fro, t5e O/("/B :ort5 of 2te,4 +a2$
for $2$ or $2$ not 2n73*$e an o+ene$ an$ or 5a3f f*33 +a7>a9e of t5o4e #er; D*ra7t Co*95 Me3t4)"
To t5e eDtent t5at RMC C*$9e Ho:ar$ ref*4e$ to 3et Co*9532n te4t2f; on 524 o:n 6e5a3f at tr2a3
4*75 an *tter +a*72t; of e#2$en7e to 4*++ort t5e a33e9at2on4 7o,62ne$ :2t5 t5e ,;r2a$ 2n4tan7e4
:5ere t5e te4t2,on; of 1a3AMart04 Front2no an$ t5at of RSIC Po327e Off27er4 Cra:for$ an$
Bra*n:ort5 24 +art27*3ar3; tro*632n9 e4+e72a33; to t5e eDtent t5at t5e C2t; of Reno an$ t5e Reno
M*n272+a3 Co*rt ar9*a63; 5a#e a #e4te$ 2ntere4t 2n 32,2t2n9 t5e 7o4t4 a44o72ate$ :2t5 +ro#2$2n9
$efen4e 7o*n4e3 to 2n$29ent +art2e4 =Co*9532n :a4 $en2e$ 524 S2Dt5 A,en$,ent R295t to Co*n4e3
*n$er Ar9er42n9er :5ere a4 5ere even the possibility of Ea23 t2,e eD24t4A an$ Co*9532n 4er#e$ (
$a;4 2n Ea23 2n 7onne7t2on :2t5 t524 tr2a3 7o*rt ,atter C2t; Attorne; Pa, Ro6ert4: Ar9er42n9er #"
Ha,32n &.' U"S" B@ =<%'B)) an$ 7o33e7t2n9 t5e f2ne4 a44o72ate$ :2t5 7on#27t2on4" T524 f2r4t offen4e
a33e9at2on of 45o+32ft2n9 for 4o,e O<&".. of ,er75an$24e re4*3te$ 2n a O&.. f2ne an$ ( $a;4 2n Ea23
a33 :2t5 no S2Dt5 A,en$,ent $efen4e 7o*n4e3 7o4t4 atten$ant to t5e +ro4e7*t2on"
It :o*3$ 6e fa34e to 4a; t5e 1a3AMart 3o44 +re#ent2on a44o72ate T5o,a4 Front2no ,a$e an
arre4t 52,4e3f an$ e4+e72a33; $*62o*4 to a44ert t5at Front2o ,et t5e re8*2re,ent of " T5ere :a4 no
a33e9at2on of t5at at t5e tr2a3" T5e RSIC Off27er4 Cra:for$ an$ Bra*n4:ort5 ,a$e t5e arre4t a4
4*75 NRS <'<"<B- 24 2na++327a63e" E#en 2f 2t :ere a++327a63e 1a3AMart04 Front2no04 te4t2,on; :a4
4o r2fe :2t5 *n4*++orte$ 7ontra$27tor; an$ $24en9eno*4 4tate,ent4 a4 to #2t2ate an; 4*++ort for
an; a33e9at2on t5at Front2no :a4 ent2t3e$ to arre4t Co*9532n *n$er NRS <'<"<B-=<) for Fa +*6327
- <(?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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offen4e 7o,,2tte$ or atte,+te$ 2n t5e +er4on04 +re4en7eG"=5e F+er4ona33; :2tne44e$G Co*9532n ta>e
a refrigerated ice cream bar off t5e 45e3f 2n t5e 7an$; 243e an$ 7on4*,e 2t :a4 45o++2n9 for ot5er
2te,4M Front2no 7o*3$ 4ee =5e a$,2tte$ 5e 7o*3$ not 5ear :5at :a4 4a2$ 6et:een Co*9532n an$ t5e
1a3AMart 7a452er :5o, 1a3AMart fe29ne$ an 2na6232t; to 3o7ate or $eter,2ne t5e 2$ent2f; of) every
item rung up by the cashier and off the top of his head know that none of those items bore a UPC
with the same number as the Duract Cough Melts Frontino alleged Coughlin consumed while
shopping?...F*rt5er Front2no04 te4t2,on; a6o*t 5o: 5e F+er4ona33; :2tne44e$ Co*9532n 7on4*,e
t5e 7o*95 $ro+4 :523e 45o++2n9G 24 2n7on424tent :2t5 524 te4t2,on; t5at 1a3AMart +o327; $2$ not
+er,2t Front2no to fo33o: Co*9532n 2nto t5e re4troo, at 1a3AMart an$ t5at t5erefore Front2no 3a7>
a 6a424 for ,a>2n9 f*rt5er atte,+t4 to 2n#e4t29ate an; 4*4+272on 5e 5a$ :2t5 re4+e7t to t5e D*ra7t
Co*95 Me3t4 t5erefore 3ea#2n9 1a3AMart an$ Front2no to 52n9e t5e2r 5o+e4 of 3e#era92n9 t5e RSIC
Po327e to 7on$*7t an *n3a:f*3 4ear75 of Co*9532n" To t5e eDtent t5at Front2no a$,2tte$ ne2t5er 5e
or an;one 1a3AMart ,a; 5a#e 4o*95t to te4t2f; at tr2a3 7o*3$ 5ear :5at :a4 4a2$ 6et:een Co*9532n
an$ t5e 7a452er Front2no04 #anta9e +o2nt $oe4 not ,eet t5e F2n t5e +er4on04 +re4en7eG 4tan$ar$
re8*2re$ 6; NRS <'<"<B-=<) t5o*95 Front2no 4t233 429ne$ t5e Cr2,2na3 Co,+3a2nt 4:ear2n9 t5at 5e
5a$ 4*75 a 6a424 for ,a>2n9 524 a33e9at2on4"
NRS <'<"<B-=<) : F Arre4t 6; +r2#ate +er4on" A +r2#ate +er4on ,a; arre4t anot5eC2t; Attorne; Pa,
Ro6ert4: <" For a +*6327 offen4e 7o,,2tte$ or atte,+te$ 2n t5e +er4onP4 +re4en7e"G
RSIC Off27er Cra:for$04 :r2tten re+ort $e,on4trate4 a +rofo*n$ 3a7> of a++re72at2on for t5e
+ro6a63e 7a*4e re8*2re,ent :523e at t5e 4a,e t2,e $24+3a;2n9 a 7*nn2n9 an$ 7raft; a++roa75 to
4+2nn2n9 t5e neD*4 6et:een +ro6a63e 7a*4e $eta2n2n9 a 4*4+e7t4 72t2Len04 arre4t fo*rt5 a,en$,ent
eD7e+t2on4 an$ NRS <'<"<B(" In 524 :r2tten re+ort =2n73*$e$ 2n t5e atta75e$ ED5262t B a
7o33e7t2on of t5e $247o#er; +ro+o*n$e$ 6; t5e C2t; of Reno f2na33; :e33 o#er one ,ont5 after t5e
- <&?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01448
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arre4t an$ after Co*9532n 5a$ ,a$e n*,ero*4 atte,+t4 to 9et a 7o+; of 4*75 ,ater2a34 fro, an$ 2n
+er4on an$ 6; :r2t2n9 t5e RSIC Po327e for7e =,eet2n9 :2t5 Sar9ent A#an42no an$ 6e2n9 ref*4e$
4*75 $o7*,entat2on) t5e Reno M*n272+a3 Co*rt t5e C2t; of Reno C2t; Attorne;04 Off27eAon
a++roD2,ate3; Se+te,6er <@
t5
B.<< Co*9532n 4+o>e :2t5 De+*t; C2t; Attorne; C5r24to+5er
HaL3ettASte#en4 an$ 2n8*2re$ a4 to t5e a#a23a6232t; of 4*75 :2tne44 4tate,ent4 +o327e re+ort4 or an;
ot5er ,ater2a34 fro, 1a3AMart t5e RSIC or an;one e34e an$ :a4 to3$ 6; HaL3ettASte#en4 t5at t5e
C2t; Attorne;04 Off27e 5a$ not an$ :o*3$ not re7e2#e 4*75 ,ater2a34 *nt23 after t5e arra29n,ent 2n
t524 ,atter :5275 :a4 4et for 4o,e (. $a;4 after t5e arre4t =Se+te,6er %
t5
B.<< to O7to6er <.
t5

B.<B)"""Co*9532n +3ea$e$ :2t5 HaL3ettASte#en4 to E*4t F$o*63e 75e7>G an$ a4> e#er;one e34e 2n t5e
off27e 2f an; 4*75 $247o#er; or $o7*,entat2on 5a$ 6een +ro#2$e$ to t5e C2t; Attorne;04 Off27e an$
HaL3ettASte#en4 2n$27ate$ 5e :o*3$ an$ t5ereafter 7onf2r,e$ to Co*9532n t5at no 4*75 2te,4 5a$
6een re7e2#e$ an$ f*rt5er t5at Co*9532n 5a$ not r295t to t5e, +r2or to t5e arra29n,ent 2n an;
e#ent e2t5er fro, t5e C2t; Attorne;04 Off27e t5e RMC or t5e RSIC Po327e De+art,ent" Ho:e#er
t5e faD 5ea$er4 an$ $ate4 on t5e $247o#er; 3ater +ro#2$e$ 6; t5e C2t; Attorne;04 Off27e 7erta2n3;
4ee,4 to 2n$27ate t5at 4*75 ,ater2a34 :ere faDe$ to t5e C2t; Attorne;04 Off27e 6; t5e RSIC Po327e
De+art,ent on Se+te,6er <(
t5
B.<< 5o:e#er t5e +a9e n*,6er4 an$ +a9e 7o*nt4 :o*3$ 4ee, to
2n$27ate 4o,e ,ater2a34 :ere not +ro+o*n$e$)"
In 524 FArre4t Re+ort an$ De73arat2on of Pro6a63e Ca*4eG fro, Se+te,6er %
t5
B.<< RSIC
Off27er Cra:for$ :r2te4:GOn %?%?<< at a6o*t B<:B< 5o*r4 I re4+on$e$ to B&B@ E" B
n$
St" Reno NV
/%@.B for a Pet2t Lar7en;" U+on ,; arr2#a3 I ,et :2t5 A44et Prote7t2on A44o72ate T5o,a4
Front2no :5o, ,a$e a 72t2Len4 arre4t for Pet2t Lar7en;" Front2no :a4 2n +o44e442on of t5e 4to3en
2te,4"G Front2no04 te4t2,on; at tr2a3 5o:e#er 73ear3; 2n$27ate$ 5e 5a$ on3; a4>e$ Co*9532n to ,eet
:2t5 52, not t5at Front2no 5a$ F2,,e$2ate3;G ,a$e a F72t2Len04 arre4tG r295t after t5e 7o,,2442on
- <@?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01449
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of t5e a33e9e$ 7r2,e" F*rt5er 2f Front2no 5a$ ,a$e 4*75 a F72t2Len04 arre4tG an$ F:a4 2n +o44e442on
of t5e 4to3en 2te,4G t5en :5; $2$ 2t ta>e f2#e ,2n*te4 of 2nterro9at2on 6; t5e RSIC Off27er4 an$ a
+at $o:n 6efore t5e te75n27a3 +o2nt of arre4t 6; Cra:for$ an$ :5; $2$ Cra:for$ nee$ to eD+3a2n
524 $e7242on to arre4t an$ 7on$*7t a 4ear75 2n72$ent to arre4t an$ 6a424 for +ro6a63e 7a*4e f2n$2n9 to
$o 4o *+on 4o,e a33e9e$ fa23*re 6; Co*9532n to +ro#2$e 524 $r2#er04 327en4eM T5e $247o#er;
+ro+o*n$e$ a ,ont5 3ater 4t233 $2$ not 5a#e an; Ma924trate or C*$272a3 Off27er04 429nat*re a++ro#2n9
t5e +ro6a63e 7a*4e f2n$2n9 $e4+2te t5e &/ 5o*r re8*2re,ent t5at 4*75 6e 244*e$"
Ho:e#er 2n 524 FIn72$ent Re+ortG ,a$e a $a; 3ater RSIC Off27er Cra:for$ :r2te4:
FOn %?%<B. << at a++roD2,ate3; B <B< 5o*r4 Off27er Bra*n:ort5 an$ I :ere
$24+at75e$ to B&B@ Ea4t Se7on$ Street Reno NY /%@.B for a re+ort of a +et2t
3ar7en;" U+on o*r arr2#a3 :e ,et :2t5 1aIAMart A44et Prote7t2on A44o72ate
T5o,a4 Front2no :5o 4tate$ (e obser)ed a *(te 'ale ad$lt+ de"tfed as
,a!(ary Co$g(l"+ *al-"g t(ro$g( t(e store o&e""g )aro$s te's a"d
ds!ard"g t(e' " t(e garbage !a"" Front2no 4tate$ (e also obser)ed
Co$g(l" eat a !a"dy bar *(le *al-"g t(ro$g( t(e store" Co*9532n +a44e$ a33
+o2nt4 of 4a3e 2n42$e of 1a3AMart an$ eD2te$" Co*9532n :a4 t5en $eta2ne$ 6;
Front2no for +et2t 3ar7en;" P3ea4e refer to Front2no04 State,ent for f*rt5er
2nfonnat2on" Off27er Bra*n:ort5 a4>e$ Co*9532n 2f 5e 5a$ an; :ea+on4 on 524
+er4on an$ Co*9532n 4tate$ 5e $2$ not" I a4>e$ Co*9532n 2f I 7o*3$ 5a#e
+er,2442on to 4ear75 524 +er4on for :ea+on4" Co*9532n 9a#e ,e 7on4ent 6*t
4tate$ $o not 9o 2nto ,; +o7>et4" 3 4ear75e$ t5e o*ter 73ot52n9 of Co*9532n an$
fo*n$ no :ea+on4 on 52," I t5en +ro7ee$e$ to a4> Co*9532n 8*e4t2on4 +erta2n2n9
to 244*2n9 52, a 72tat2on for +et2t 3ar7en;"
Co*9532n 5o:e#er ref*4e$ to an4:er ,; 8*e4t2on4 re3at2n9 to a 72tat2on an$
6e7a,e *n7oo+erat2#e" Co*9532n :a4 t5en +3a7e$ *n$er arre4t for +et2t 3ar7en;" I
6e9an ,; 4ear75 2n72$ent to arre4t on Co*9532n an$ fo*n$ 7o*95 $ro+4 4t233
:ra++e$ 2n 524 +o7>et4" Front2no :a4 a63e to 7onf2r, t5e; :ere t5e 4a,e 7o*95
$ro+4 t5at 7a,e fro, t5e o+ene$ 7o*95 $ro+ 6oDe4 fro, 2n42$e t5e 4tore t5at :ere
*n+a2$ for" At a++roD2,ate3; BB.. 5o*r4 I tran4+orte$ Co*9532n to t5e 1a45oe
Co*nt; Detent2on Fa7232t; an$ 6oo>e$ 52, for Reno M*n272+a3 Co$e /"<.".&.
+et2t 3ar7en;" At a++roD2,ate3; B<BB 5o*r4 I 73eare$ t5e 2n72$ent :2t5 no f*rt5er
2n72$entG
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MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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Off27er Cra:for$ te4t2f2e$ at tr2a3 t5at Co*9532n ref*4e$ to +ro#2$e 524 $r2#er04 327en4e
5o:e#er t524 In72$ent Re+ort ,ere3; ,ent2on4 Co*9532n a33e9e$3; ref*42n9 to Fan4:er ,;
8*e4t2on4 +erta2n2n9 to 244*2n9 a 72tat2onGM 15; t5e re,2D 7o,e tr2a3 t2,eM Co*3$ 2t 6e t5ata
4*4+e7t04 a33e9e$3; fa232n9 to +ro#2$e an Off27er a re4+on4e to 524 8*err; of F:5o, $o ;o* :or> forG
$oe4 not 8*2te E*4t2f; t5e o3$er FI 5a$ to arre4t 52, *n$er NRS <'<"<B( 6e7a*4e I 7o*3$n0t 6e 4*re of
524 2$ent2f;G a++roa75 e4+e72a33; :5ere t5e Off27er :a4 92#en t5e 4*4+e7t04 $r2#er04 327en4e an$ ran
a NCIS 75e7> on 2t 6; 7a332n9 524 $24+at75 :rote t5e $r2#er04 327en4e n*,6er $o:n on 524
7onte,+oraneo*4 Arre4t Re+ort an$ De73arat2on of Pro6a63e Ca*4e an$ :5ere t5e Off27er 24 73ear3;
4een 6e2n9 5an$e$ t5e $r2#er04 327en4e 6; Co*9532n 2n t5e 1a3AMart 2nterro9at2on roo, #2$eoM An;
:5; 24 2t t5at no ot5er #2$eo eD24t4 to 4*++ort an; of 1a3AMart an$ Front2no04 a33e9at2on of
Co*9532n 7on4*,2n9 t524 or t5at or o+en2n9 t524 or t5at or t5ro:2n9 t524 or t5at a:a;" If t524 5a$
6een a 432+ an$ fa33 7a4e ;o* 7an 6et 1a3AMart :o*3$ 5a#e #2$eo4 fro, ,ore an93e4 t5an a re+3a; of
a 9reat 7at75 2n t5e S*+er Bo:3 :2t5 t5e2r 4tore4 5a#2n9 32tera33; 5*n$re$4 of t5o4e 7e232n9 ,o*nte$
7a,er4 e#en3; $24+er4e$ t5ro*95t t5e 4tore an$ 73ear3; #24263e to a33" O5 an$ 4*+r24e 4*r+r24e
t5ere 24 no a*$2o on e2t5er of t5e Interro9at2on Roo, #2$eo4 +ro#2$e$ 6; 1a3AMart $e4+2te t5e2r
3o44 +re#ent2on a44o72ate4 7arr;2n9 aro*n$ re7or$2n9 $e#27e4 t5ro*95o*t t5e ent2re 2n72$ent an$ t5e
RSIC fa23e$ to +ro#2$e an; 4*75 re7or$2n94 a4 :e33 an$ 2n$27ate$ none eD24t"
Ho: eDa7t3; :a4 Front2no a63e to F7onf2r, t5e; :ere t5e 4a,e 7o*95 $ro+4 t5at 7a,e fro,
t5e o+ene$ 7o*95 $ro+ 6oDe4 fro, 2n42$e t5e 4toreGM D2$ t5e4e F7o*95 $ro+40 5a#e a 4er2a3 n*,6er
atta75e$ to t5e,M Ma;6e t5e 2nferen7e 24 t5at t5e4e F7o*95 $ro+4G :ere of t5e t;+e one :o*3$ f2n$
2n a 6oD :2t5 t5e UPC t5at a++ear4 on 6ot5 re7e2+t4 2n ED5262t < =t5e re7e2+t for O<&"'B 7onta2n2n9
t5e entr2e4 for t5e 2te,4 a33e9e$3; 7on4*,e$ :523e 45o++2n9 for an; +a;2n9 for t5e entr2e4 on t5e
re7e2+t for O/("/B) 5o:e#er at tr2a3 te4t2,on; :a4 t5e *n4*++orta63e an$ $24en9eno*4 +o42t2on
- <'?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01451
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t5at Front2no >ne: t5e; :ere t5e eDa7t F7o*95 $ro+4G t5at :ere for,er3; 2n t5e 6oDe4 t5at Front2no
5a$ 9at5ere$ an$ not fro, t5e 6oD of t5e 4a,e D*ra7t Co*95 Me3t4 =a9a2n 6ear2n9 t5e 4a,e UPC)
t5at a++eare$ on Co*9532n04 O/("/B re7e2+t"
La7>2n9 an; rea3 +ro6a63e 7a*4e to arre4t e4+e72a33; for t5e a33e9e$ ,24$e,eanor not
7o,,2tte$ 2n t5e Off27er04 +re4en7e after ' +"," =4ee 6e3o: NRS <'<"<B&=<)=a))) RSIC Off27er
Cra:for$ a tra2nee 6e2n9 o#er4een 6; Off27er Bra*n:ort5 :5o 7o*3$ 6are3; re,e,6er 524 o:n
na,e on t5e :2tne44 4tan$ at tr2a3 :a4 3eft to t5e $*62o*4 at 6e4t a33e9at2on t5at 5e 5a$ to ,a>e an
arre4t 6e7a*4e Co*9532n fa23e$ to +ro#2$e 524 $r2#er04 327en4e= t524 a44ert2on :a4 $*62o*4 at 6e4t an$
fra*$*3ent +o327e ,247on$*7t $one *n$er 7o3or of 4tate 3a: 6e4t 7on42$er2n9 t524 o77*rre$ at a reta23
+ro+ert; o:ne$ 6; t5e 4a,e ent2t; t5e Reno S+ar>4 In$2an Co3on; t5at o:n4 an$ r*n4 t5e RSIC
+o327e for7e an$ :5275 +artner4 :2t5 an$ rent4 to 3an$ on :5275 t524 1a3AMart 42t4 to 2t4 6*42ne44
+artner 1a3AMart 7on42$er2n9 t5at t5e 2nterro9at2on roo, #2$eo4 +ro+o*n$e 6; t5e C2t; of Reno
2t4e3f an$ f23,e$ 6; 1a3AMart 73ear3; 45o: Off27er Cra:for 6e2n9 5an$e$ Co*9532n04 $r2#er04
327en4e 6; Co*9532n an$ Cra:for$04 :r2tten re+ort 5a4 2n Cra:for$04 o:n 5an$:r2t2n9 t5e eDa7t
$r2#er04 327en4e n*,6er 6e3on92n9 to Co*9532n on t5e F4*4+e7t4 2nfor,at2onG +ort2on of t5e re+ort
2n a$$2t2on to ot5er 2nfor,at2on ta>en $2re7t$3; off of t5e $r2#er04 327en4e Co*9532n +ro#2$e$ to
Cra:for$)" F*rt5er Co*9532n04 atte,+t4 to o6ta2n t5e $24+at75 7a334 an$ re7or$4 an$ an; %<< 7a334
,a$e 6; 1a3AMart :5ere ,et :2t5 7ontra$27tor; re4+on4e4 an$ o6f*47at2on" Nonet5e3e44 *+on
2nfor,at2on an$ 6e32ef 4*75 re7or$4 :o*3$ 45o: :5at t5e 2nterro9at2on roo, #2$eo 45o:4 2e
Off27er Cra:for$ *42n9 524 ra$2o to 7a33 2nto $24+at75 an$ r*n a 75e7> for +r2or4 on Co*9532n
*t232L2n9 Co*9532n04 $r2#er4 327en4e n*,6er" In$ee$ t5e NCIS re+ort4 an$ re7or$4 32>e3; are
re8*2re$ to 45o: :5en 4*75 a re+ort :a4 r*n an$ 6; :5o, an$ Off27er Cra:for$04 4*64e8*ent
,2n72n9 a44ert2on on t5e :2tne44 4tan$ t5at t5e 1a45oe Co*nt; Ca23 +ro#2$e$ 52, Co*9532n04
- </?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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$r2#er04 327en4e n*,6er 24 not on3; 7o*nter to +r2#a7; 3a:4 an$ 1a45oe Co*nt; Ca23 +o327; an$
+ro7e$*re 2t 24 a34o 63atant3; fa34e an$ a +at5et27 atte,+t to 9a,e t5e 4;4te, *n$er 7o3or of 4tate
3a:" To t5e eDtent t5at C2t; of Reno De+*t; Pro4e7*tor Pa,e3a Ro6ert4 E48" :a4 2n +o44e442on of
t5e4e 2nterro9at2on roo, #2$eo4 an$ 7ont2n*e to fa7232tate Off27er Cra:for$04 a++arent +erE*r; or at
3ea4t 93ar2n9 F,24Are,e,6eran7eG 2t 45o*3$ ,2t29ate an; an9er or reta32at2on ,a$e a9a2n4t
Co*9532n for atta7529n a4 an eD5262t to a +retr2a3 ,ot2on t5e #ar2o*4 3a: re#2e:4 re3ate$ to
+ro4e7*tor2a3 ,247on$*7t t5at for,er +ro4e7*tor RMC C*$9e Ho:ar$ 4ee,e$ to f2n$ 4o offen42#e
an$ off+*tt2n9"
A ,2n*te 6; ,2n*te 75rono3o9; re#ea34 t5at t5e O/("/B re7e2+t :a4 244*e$ at B<:<& on
Se+te,6er %
t5
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- <%?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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- B.?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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- B<?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01455
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- BB?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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- B(?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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- B&?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01458
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- B@?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01459
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- B-?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01460
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- B'?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01461
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- B/?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01462
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t5e RMC ref*4e$ to t2,e3; +ro#2$e Co*9532n a 7o+; of t5e a*$2o re7or$2n9 of t5e tr2a3 *nt23 :e33 after
- B%?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01463
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t5e $ea$32ne for f232n9 to332n9 ,ot2on4 or a Not27e of A++ea3 5a$ +a44e$ an$ f*rt5er t5e RMC fa23e$
to notate 2n t5e 7ert2f2e$ $o7>et =:5275 24 not a#a23a63e to 32t29ant4 $*r2n9 t5e4e ,atter4 an$ atte,+t4
6; Co*9532n to 4o o6ta2n 4*75 a $o7>et 5a4 re4*3te$ 2n t5e C2t; of Reno Mar45a34 t5reaten2n9
Co*9532n an$ for72n9 52, to 3ea#e t5e 7o*rt5o*4e an$ :r2t2n9 $24en9eno*4 3etter4 to Bar Co*n4e3"
T5e RMC Mar45a34 :ere a34o 2n#o3#e$ 2n a 47enar2o :5ere2n Co*9532n04 4,art+5one :a4 F6oo>e$
2nto e#2$en7eG for (' $a;4 =an$ ret*rne$ :2t5 a33 t5e $ata +re#2o*43; on 2t :2+e$ 73ean :2t5 t5e
2nter2, 4ee2n9 #ar2o*4 7ontra$27tor; 4tate,ent4 re9ar$2n9 t5e 75a2n of 7*4to$; of t5e +5one an$ $ata
t5ereon 6et:een t5e RMC 1CSO an$ C2t; of Reno Mar45a34 an$ 1a45oe Co*nt; D24tr27t
Attorne;04 Off27e) 2n72$ent to a f2#e $a; 2n7ar7erat2on of Co*9532n 4te,,2n9 fro, a 4*,,ar;
7onte,+t 7o,,2tte$ 2n t5e +re4en7e of t5e Co*rt 2n a traffic #2o3at2on Tr2a3 << TR B-/.. =( ,o#2n9
#2o3at2on4 :ere 244*e$ to Co*9532n *+on Co*9532n 6e2n9 to3$ 6; t5e Reno PD to 3ea#e t5e off27e of
o++o42n9 7o*n4e3 2n t5e e#27t2on fro, 524 for,er 3a: off27e =R275ar$ G" H233 E48" o++o42n9 7o*n4e3
to Bar Co*n4e3 K2n9 re7ent3; 2n t5e M234ner # Car4tar+5en $e7242on of t524 Co*rt 244*e$ 2n Mar75
B.<B an$ :5o, f23e$ a 9r2e#an7e :2t5 Bar Co*n4e3 2n a 3etter to K2n9 $ate$ Fe6r*ar; <&
t5
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:5ere2n H233 $eta234 an arre4t of Co*9532n t5at 5a$ not +ro7ee$e$ to tr2a3 ,*75 3e44 a 7on#27t2on for
:5275 Co*9532n :o*3$ 6e re8*2re$ to re+ort *n$er SCR <<< an$ 2n :5275 H233 ,a>e4 6a4e3e44
a77*4at2on4 of F95o4t:r2t2n9G 6; Co*9532n for one for :5o, Co*9532n :a4 324te$ a4 attorne; of
re7or$" F*rt5er t5e re7ent an$ eDtre,e3; +reE*$272a3 an$ 2na77*rate 7onf2$ent2a3 SCR <<' D24a6232t;
Pet2t2on 6; Bar Co*n4e3 an$ or Mr" S*4275 24 4ee,2n93; 3ar9e3; 7r266e$ fro, H23304 Mot2on for
Attorne;04 Fee4 2n72$ent to t5e a++ea3 of t5e 4*,,ar; e#27t2on fro, Co*9532n04 for,er 5o,e 3a:
off27e =a F:ron9 42te 4*r9er;G of t5e 7o*rtroo, #ar2et; H233 32t29ate$ on 6e5a3f of 524 Ca32forn2an
Be#er3; H2334 ne*ro4*r9eon 732ent :5ere2n H233 +ro7ee$e$ :2t5 a 4*,,ar; e#27t2on a9a2n4t a
7o,,er72a3 tenant :5ere t5e nonA+a;,ent of rent :a4 not a33e9e$ nor :a4 an; e#27t2on not27e
- (.?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01464
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+ro#2$e$ ot5er t5an a No Ca*4e E#27t2on Not27e)" In t5at Mot2on for Attorne;04 Fee4 H233 4o,e5o:
atte,+t4 to at on7e 73a2, Co*9532n04 f232n94 2n t5e a++ea3 2n CV<<A.(-B/ :ere at on7e 4o 6a4e3e44 a4
to 6e 4an7t2ona63e ;et a34o at t5e 4a,e t2,e a++arent3; :e33 fo*n$e$ eno*95 to re8*2re H233 to r*n
*+ 4o,e O&(... 2n attorne;04 fee4 75ar9e$ to Mer3244 =for t5e +er2o$ of t2,e fo33o:2n9 t5e No#e,6er
( B.<< f232n9 of a Not27e of A++ea3 of t5e Or$er of S*,,ar; E#27t2on 2n RCC B.<<A..<'./) on to+
of t5e OB.... 2n attorne;04 fee4 H233 an$ Ba>er 4o*95t to re7o#er =F,24ta>en3;G 72t2n9 to an attorne;04
fee4 2n a 3an$3or$ tenant 7onteDt 4tat*te re3ate$ on3; to 42t*at2on4 :5ere a tenant :a4 ,an*fa7t*r2n9
7ontro33e$ 4*64tan7e4 at t5e renta3 rat5er t5an a$,2tt2n9 t5at NRS -%".(. for62$ H233 an$ Ba>er fro,
9ett2n9 attorne;04 fee4 2n a 3an$3or$ tenant tr2a3 7o*rt ,atter ,*75 3e44 a 4*,,ar; e#27t2on ,*75 3e44
OB.... :ort5 of t5e,)" Bar Co*n4e3 K2n9 $24+3a;e$ a +art27*3ar3; tro*632n9 re424tan7e to
7o*ntenan72n9 an; of t5e 9r2e#an7e4 a9a2n4t ot5er attorne;4 Co*9532n t5en a44erte$ ;et 4tea$fa4t3;
7ont2n*e$ to $e#ote Bar re4o*r7e4 to a$$re442n9 R275ar$ G" H233 E48"04 $*62o*4 6a424 for f232n9
,*3t2+3e 9r2e#an7e4 a9a2n4t Co*9532n 7ontr26*t2n9 one of t5e 3e94 to a fo*r +art 8*a$r*+3e Eeo+ar$;
a++roa75 H233 too> :5ere2n H233 f23e$ Mot2on for Or$er4 to S5o: Ca*4e 6efore C*$9e SferraLLa 2n t5e
Tr2a3 Co*rt 6efore C*$9e F3ana9an on A++ea3 f23e$ a TRO :2t5 C*$9e S75roe$er 2n C*4t27e Co*rt
an$ 5a$ Co*9532n arre4te$ for Ea;:a3>2n9 an$ 7r2,2na3 tre4+a44 =t5e tre4+a44 arre4t on No#e,6er <B
t5

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2n#o3#e$ 2n t5e SCR <<< Bar Co*n4e3 Pet2t2on =:5ere Co*9532n :a4 not to3$ to 3ea#e or F:arne$G to
3ea#e t5e for,er 5o,e 3a: off27e an$ :5ere t5e 1a45oe Co*nt; S5er2ff04 Off27e 32e$ 2n a 4:orn
:r2tten aff2$a#2t 2n atte4t2n9 to 5a#e F+er4ona33; 4er#e$G Co*9532n t5e Or$er of S*,,ar; E#27t2on
=De+*t; Ma75e, No#e,6er '
t5
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to one04 $oor :5en t5e; are not 5o,e" NRS &."B@( re8*2re4 e2t5er +er4ona3 or 7on4tr*7t2#e 4er#27e"
- (<?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01465
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FT5e 7o*rt ,a; t5ere*+on 244*e an or$er $2re7t2n9 t5e 45er2ff or 7on4ta63e of t5e 7o*nt; to
re,o#e t5e tenant :2t52n B& 5o*r4 after re7e2+t of t5e or$er"""G 24 2na++327a63e to t524 42t*at2on :5ere
an Or$er Grant2n9 S*,,ar; E#27t2on :a4 429ne$ 6; O7to6er B't5 B.<<" T5at 3an9*a9e 24 on3; fo*n$
2n 42t*at2on4 2na++327a63e to t5e 7*rrent one" NRS &."B@(=()=6)=B) an$ NRS &."B@(=@)=a) are t5e on3;
4e7t2on4 of NRS &. :5ere t524 F:2t52n B& 5o*r4G 3an9*a9e o77*r4 an$ t5o4e 42t*at2on4 on3; a++3;
:5ere 2n:
&."B@(=()=6)=B): F (" A not27e 4er#e$ +*r4*ant to 4*64e7t2on < or B ,*4t: """=6) A$#24e
t5e tenant: V" =B) T5at 2f t5e 7o*rt $eter,2ne4 t5at t5e tenant 24 9*23t; of an *n3a:f*3
$eta2ner t5e 7o*rt ,a; 244*e a 4*,,ar; or$er for re,o#a3 of t5e tenant or an or$er
+ro#2$2n9 for t5e nona$,2ttan7e of t5e tenant $2re7t2n9 t5e 45er2ff or 7on4ta63e of t5e
7o*nt; to re,o#e t5e tenant :2t52n B& 5o*r4 after re7e2+t of t5e or$erG
an$
&."B@(=@)=a): F@" U+on non7o,+32an7e :2t5 t5e not27e: =a) T5e 3an$3or$ or t5e
3an$3or$P4 a9ent ,a; a++3; 6; aff2$a#2t of 7o,+3a2nt for e#27t2on to t5e E*4t27e 7o*rt of
t5e to:n452+ 2n :5275 t5e $:e332n9 a+art,ent ,o623e 5o,e or 7o,,er72a3 +re,24e4
are 3o7ate$ or to t5e $24tr27t 7o*rt of t5e 7o*nt; 2n :5275 t5e $:e332n9 a+art,ent
,o623e 5o,e or 7o,,er72a3 +re,24e4 are 3o7ate$ :5275e#er 5a4 E*r24$27t2on o#er t5e
,atter" T5e 7o*rt ,a; t5ere*+on 244*e an or$er $2re7t2n9 t5e 45er2ff or 7on4ta63e of t5e
7o*nt; to re,o#e t5e tenant :2t52n B& 5o*r4 after re7e2+t of t5e or$er"G
T5e :a; t5e4e 4*,,ar; e#27t2on or$er4 are 6e2n9 7arr2e$ o*t an$ F4er#e$G 2n 1a45oe Co*nt;
+re4ent3; 45o7>4 t5e 7on472en7e an$ #2o3ate4 Ne#a$a 3a:" T5ere 24 not 6a424 for effe7t*at2n9 a
3o7>o*t t5e :a; 1CSO04 De+*t; Ma75e, $2$ 2n t5e 7a4e of t5e *n$er429ne$04 for,er 5o,e 3a:
off27e" T5e a6o#e t:o 4e7t2on4 7onta2n2n9 t5e F:2t52n B& 5o*r4 of re7e2+tG 3an9*a9e are 2na++327a63e
a4 t5o4e 42t*at2on4 $o not 2n#o>e t5e +re4ent 72r7*,4tan7e4 :5ere t5e Tenant $2$ f23e an Aff2$a#2t
an$ $2$ 7onte4t t524 ,atter to a $e9ree not often 4een" To re8*2re Ne#a$a04 tenant4 to 9et *+ an$ 9et
o*t F:2t52n B& 5o*r4G of Fre7e2+t of t5e or$erG =:5at $oe4 t5at e#en ,eanM T5e *4e of ter,4 32>e
Fren$2t2onG Fren$ere$G Fnot27e of entr;G F+rono*n7e$G 24 a64ent 5ere an$ t524 Fre7e2+t of t5e
or$erG 3an9*a9e 24 4o,et52n9 rare3; fo*n$ e34e:5ere 2n Ne#a$a 3a:A4ee atta75e$ DMV 4tat*tor;
72tat2on4 an$ 2n e,+3o;,ent 3a: 32t29at2on :5ere one ,*4t f23e a Co,+3a2nt :2t52n %. $a;4 of
- (B?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01466
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Fre7e2+tG of a R295t To S*e Letter a 42t*at2on :5275 fo33o:4 NRCP @=6) an$ NRCP -=e) 2n 2,+*t2n9
re7e2+t of 4*75 a 3etter :5en a7t*a3 re7e2+t 24 not 45o:n 6; a++3;2n9 a F7on4tr*7t2#e not27eG
4tan$ar$ t5at re32e4 *+on t5e $a;4 for ,a232n9 eDten42on of t2,e for 2te,4 4er#e$ 2n t5e ,a232n9 et7")"
In A6ra5a, #" 1oo$4 Ho3e O7eano9ra+527 In4t2t*te @@( F"($ <<& =<4t C2r" B..%) t5e re7or$ $2$ not
ref3e7t :5en t5e +3a2nt2ff re7e2#e$ 524 r295tAtoA4*e 3etter" T5e 3etter :a4 244*e$ on No#e,6er B&
B..-" T5e 7o*rt 7a37*3ate$ t5at t5e %.A$a; +er2o$ 7o,,en7e$ on No#e,6er (. B..- 6a4e$ on t5ree
$a;4 for ,a232n9 after eD73*$2n9 Sat*r$a;4 an$ S*n$a;4" In or$er to 6r2n9 a 73a2, *n$er e2t5er T2t3e
VII or t5e ADA a +3a2nt2ff ,*4t eD5a*4t a$,2n24trat2#e re,e$2e4 an$ 4*e :2t52n %. $a;4 of re7e2+t of
a r295t to 4*e 3etter" See &B U"S"C" R B...eA@=f)=<)" See Ba3$:2n Co*nt; 1e37o,e Center #" Bro:n
&-- U"S" <&' <&/ n"< <.& S"Ct" <'B( /. L"E$"B$ <%- =<%/&)=9rant2n9 +3a2nt2ff an a$$2t2ona3 t5ree
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12t5 re4+e7t to an; ,ent2on of FB& 5o*r4G an$ t5e a++327a6232t; of t5e CCRCP to 7a4e4 32>e
t5e4e NRS &."&.. R*3e4 of +ra7t27e 5o3$4 t5at :GT5e +ro#242on4 of NRS Ne#a$a R*3e4 of C2#23
Pro7e$*re an$ Ne#a$a R*3e4 of A++e33ate Pro7e$*re re3at2#e to 72#23 a7t2on4 a++ea34 an$ ne: tr2a34
4o far a4 t5e; are not 2n7on424tent :2t5 t5e +ro#242on4 of NRS &."BB. to &."&B. 2n73*42#e a++3; to
t5e +ro7ee$2n94 ,ent2one$ 2n t5o4e 4e7t2on4" A4 4*75 NRCP -=a)=e) a++32e4 to t5e Or$er of
S*,,ar; E#27t2on t5at 1CSO De+*t; Ma75e, a33e9e$ *n$er +ena3t; of +erE*r; t5at 5e H+er4ona33;
4er#e$H *+on ,e on No#e,6er < B.<<"
ATTEM/T AT /ART%AL TRANSCR%/T OF TR%AL
Here 24 t5e *n$er429ne$04 atte,+t to t;+e o*t :or$ for :or$ t5e 6e92nn2n9 of t5e +ro7ee$2n9
2n t524 ,atter =Co*9532n04 2n$29en7; 5a4 +re#ente$ 4e7*r2n9 t5e +ro$*7t2on of a 7ert2f2e$ tran47r2+t an$
5o+ef*33; 2t 24 o6#2o*4 to t5e rea$er t5e +o2nt4 at :5275 t5e *n$er429ne$ 2nter32neate4 7o,,entar; or
ana3;424 :2t52n t5e tran47r2+t2on 2t4e3f t;+27a33; a3:a;4 4et offf 6; +arent5e4e424" F*rt5er t5e For T5e
- ((?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01467
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Re7or$ #er42on of t5e a*$2o of t5e +ett; 3ar7en; tr2a3 24 a#a23a63e for free $o:n3oa$ 5ere a4 are t5e
t:o Interro9at2on Roo, #2$eo4 of t5e Se+te,6er %
t5
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+ro$*7e$ 6; t5e C2t; Attorne; an$ t5e re7e2+t for O/("/B 45o:2n9 t5e UPC for t5e 7o*95 $ro+4 $2$
a++ear on t5e re7e2+t 7ontrar; to Front2no an$ Off27er Cra:for$4 te4t2,on;"):
5tt+4:??4>;$r2#e"32#e"7o,?re$2rMre42$N&(./&-(/F(BF@FB/W%B<
=Be92nn2n9 of a*$2o tran47r2+t at B:<B +",")
Mar45a33: a33 r24e $e+art,ent for t5e Reno M*n272+a3 Co*rt 4taff 4e442on t5e Hon"
C*$9e Ho:ar$:+re42$2n9
Hon" C*$9e Ho:ar$: Be 4eate$ e#er;one
Ro6ert4: Yo*r Honor 3a4t 7a4e4 24 C2t; #er4e4 Za75ar; Co*9532n: << CR BB<'- Mr"
Co*9532n :o*3$ ;o* 4te+ for:ar$ +3ea4eM
Hon" C*$9e Ho:ar$: a33 r295t t524 24 t5e t2,e an$ +3a7e 4et for tr2a3 2n re9ar$ to a
+et2t 3ar7en; a33e9e$ to 6een 7o,,2tte$ on Se+te,6er % of t524 ;ear 7o,+3a2nt a33e9e4
t5at 4a2$ $efen$ant on or a6o*t Se+te,6er % B.<< at 1a3AMart B&B@ E" Bn$ St" 72t; of
Reno 4tate of Ne#a$a $2$ ta>e 7arr;2n9 a:a; 1a3AMart +ro+ert; #a3*e$ at 3e44 t5an
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7o*95 $ro+4 an$ a 75o7o3ate 6ar Mr" Co*9532n 24 t5at ;o*r *n$er4tan$2n9 of t5e
75ar9eM
Co*9532n: I 6e32e#e 4o Yo*r Honor
Hon" C*$9e Ho:ar$: a33 r295t +art 6ot5 +art2e4 rea$; to +ro7ee$ at t524 t2,e
Ro6ert: Ye4 Yo*r Honor
Co*9532n: no Yo*r Honor I0, not rea$; to +ro7ee$
Hon" C*$9e Ho:ar$: :5; not
Mr" Co*9532n: 1e33 t5ere 24 a #ar2et; of rea4on4 Yo*r Honor
Hon" C*$9e Ho:ar$: ;o* 5a#e to 4+ea> *+ 2f ;o* :ant ,e""
Co*9532n: ;e4 42r Yo*r Honor t5ere04 a #ar2et; of rea4on4 42r I :o*3$ 4a; 752ef of
:5275 24 t5at 2t *n3a:f*3 rent $24tra2nt 24 7*rrent3; 6e2n9 a++32e$ to ,; f23e4 t5at are
ne7e44ar; to $efen$ t524 7a4e I :a4 e#27te$ 2n E*4t27e 7o*rt 7a4e REVB.<<A..<'./
re7ent3; 6e42$e4 5a#2n9 an 2,+er,244263e rent e47ro: $e+o42t a++32e$ to ,e 2n t5at
7a4e"
Hon" C*$9e Ho:ar$: :5at $oe4 t5at 5a#e to $o :2t5 t524 7a4eM
Co*9532n: re7ent3; I 5a#e 6een affe7te$ a33 ,; f23e4
Hon" C*$9e Ho:ar$: r295t
Co*9532n: a33 ,; f23e4 2n72$ent to t5e $efen4e of t524 7a4e are 7*rrent3; 6e2n9 :2t55e3$
*n$er 2n an 2,+er,244263e rent $24tra2nt 2n #2o3at2on of NRS &."B@( an$ <</ a"&-.
Hon" C*$9e Ho:ar$::5at e34e ;o* 5a#e ot5er t5an t524 :5at e34e ;o* 5a#e a4 a 6a424
for not 6e2n9 +re+are$M
Co*9532n: I ,a$e n*,ero*4 atte,+t4 to 7onta7t t5e Reno C2t; Attorne;04 off27e an$
M4" Ro6ert4 2n atte,+t4 to $247*44 t524 ,atter
- (&?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01468
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Hon" C*$9e Ho:ar$: M4" Ro6ert4
Co*9532n: an$ I 5a#e not 6een a63e to rea75 5er
Hon" C*$9e Ho:ar$: or t5at 4o*n$ 6a424 for a 7ont2n*an7e ,a;6e 45e $oe4n0t 4+ea> to
45e 24 not re8*2re$ to
Co*9532n: f*rt5er t5ere04 a 9oo$ $ea3 of $247o#er; t5at nee$4 to 6e *n$erta>en 2n t524
re9ar$ 1a3AMart 5a4 6een o64tr*7t2#e a4 :e33 a4 =*n2nte3329263e)
Hon" C*$9e Ho:ar$: :5at 2te,4 of $247o#er;
Co*9532n: :e33 I0$ 32>e to ta>e 4o,e $e+o42t2on4 a4 :e33 5a#e t5e, re4+on$ to 4o,e
4*6+oena $*7e4 te7*,4 I 5a$ 4er#e$ on t5e,
Hon" C*$9e Ho:ar$: :5at e34eM
Co*9532n: t5e 4a,e 7o*3$ 6e 4a2$ for t5e Reno S+ar>4 In$2an Co3on; an$ t524 24 a
7o,+3eD 7a4e 2n ter,4 ;o* 5a#e t5e In$2an 7o3on; rent2n9 +ro+ert; to 1a3AMart :523e
e,+3o;2n9 t5e 4a,e +o327e +atro332n9 t5e +ro+ert; on :5275 t5e; 5a#e a f2nan72a3 4ta>e
2n :5et5er ,a>e an arre4t t5ere04 Fo*rt5 A,en$,ent 244*e4 2n#o3#e$ 2n t524 7a4e a4
:e33 24 &B 4e7t2on <%/( a6*4e of +ro7e4404 an$ +o327e ,247on$*7t 2n ter,4 of atte,+t2n9
to o6ta2n 7on4ent to an 2,+er,244263e 4ear75 t5ro*95 7oer72#e ,ean4 t524 24 not a
42,+3e 7a4e"""72#23 re7o#er; a6*4e4 are 6e2n9 a33e9e$ on t5e +art of 1a3AMart atte,+te$
4tate a7tor4"" a34o an$ I +ro6a63; 7an0t +*t 2nto :or$4 Yo*r Honor 5o: tr*3;
$24r*+t2#e t524 e#27t2on 5a4 6een""" I :a4 e#27te$ fro, ,; 5o,e off27e" I a, an
attorne; 2n t5e 4tate of Ne#a$a ,; 732ent f23e4 are 7*rrent3; I $on0t e#en >no: 2f I
45o*3$ 7a33 t5e, ,; f23e4 or ,; 732ent04 f23e4 are 6e2n9 :2t55e3$ *n$er an 2,+er,244263e
rent $24tra2nt" A34o I :a4 4eD*a33; a44a*3te$ 6; a 6a232ff 2n 7o*rt t5e ot5er $a;
Hon" C*$9e Ho:ar$: 2n t524 7o*rt
Co*9532n: 2n C*4t27e Co*rt
Co*9532n: a33 of t5e4e ,atter4 7ontr26*te to an *n$*3; 6*r$en4o,e en#2ron,ent 2n
:5275 ,; a6232t; to $efen$ t524 7a4e 5a4 6een *n$*3; +reE*$27e$ 2n t5e eDtre,e
Hon" C*$9e Ho:ar$:I a, 9o2n9 to $en; t5e re8*e4t to 7ont2n*e I 9*e44 :5et5er t524 24 a
7o,+3eD 7a4e 24 2n t5e e;e of t5e 6e5o3$er I $on0t t;+27a33; f2n$ t5at t5e4e ,atter4 are
a4 7o,+3eD a4 ;o*0#e 2n$27ate$ t5e; are on t5at a4 :e33 t5at ,*75 of t5e ar9*,ent t5at
;o* ,a$e 5ere re3at2n9 to 4eD*a3 a44a*3t of a 6a232ff an$ anot5er 7o*rt ;o*r 2na6232t; to
+o44e44 7ontro3 ;o*r 732ent f23e4 5a#e no re3e#an7e 2n ,; ,2n$ to +ro7ee$2n9 :2t5 t5e
75ar9e4 an$ +ett; 3ar7en; a33e9e$ to 5a#e o77*rre$ at 1a3AMart on Se+te,6er %
Co*9532n: not E*4t ,; 732ent f23e4 or ,ater2a34 nee$e$ to $efen$ t524 7a4e are 6e2n9
:2t55e3$
Hon" C*$9e Ho:ar$: I 2nterr*+t ;o* 42r $on0t 2nterr*+t ,e"
Co*9532n: Ye4 42r"
Hon" C*$9e Ho:ar$: A$$2t2ona3 note t5at t5e 3a4t 5ear2n9 No#e,6er <& t5e 72t; :a4
+re4ent :2t5 t5ree :2tne44e4 t5e ,atter :a4 7ont2n*e$ an$ :e 2n2t2a33; 2n$27ate$ t5at
:e :o*3$ note Mr" Co*9532n04 fa23*re to a++ear :e or$ere$ a 6en75 :arrant an$ O<...
7a45 6a23 on3; to $247o#er *nfort*nate3; for Mr" Co*9532n t5at 5e :a4 2n 7*4to$; 4o
t5e ,atter :a4 re4et" I t52n> t5ere04 6een 4*ff272ent t2,e to +re+are for tr2a3 2n t524
,atter 4o :e :233 +ro7ee$ :2t5 tr2a3 a33 :2tne44e4 +3ea4e 4tan$ an$ ra24e ;o*r r295t 5an$
4o ;o* 7an 6e 4:orn +3ea4e
Co*9532n: 2f I 7an E*4t ,a>e ,; o6Ee7t2on4 for t5e re7or$ S2rM
Hon" C*$9e Ho:ar$: 4tan$2n9 o6Ee7t2on4
- (@?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01469
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Co*9532n: M4" Ro6ert4 5a4 a9ree$ to a 7ont2n*an7e 4*6,2tt2n9 a :r2tten a9ree,ent to
t5e 7ont2n*e4 t524 ,atter
Ho:ar$:M4" Ro6ert4
Ro6ert4: 5e 2n2t2a33; 5a$ a4>e$ for a ,ot2on to 7ont2n*e 4o,et2,e a9o I :ent :a4 for
t5e <&t5 an$ I $2$ not o6Ee7t at t5at t2,e a, I t52n> ;o* 4ent ,e an eA,a23 after t5e <&t5
an$ I 4a2$ I :o*3$ not o6Ee7t 6*t Yo*r Honor 4o at t5at t2,e I $2$ not o6Ee7t 5e 5a4
f23e$ a$$2t2ona3 ,ot2on4 :2t5 a$$2t2ona3 a33e9at2on4 t5at I t52n> 45o*3$ 6e 4tr27>en an$
not 7on42$ere$ 6; t524 7o*rt an$ I0$ 32>e to :2t5$ra: ,; 3a7> of o++o42t2on to
7ont2n*an7e
Hon" C*$9e Ho:ar$: :233 2n an; e#ent t524 7o*rt 24 not 9o2n9 to a9ree to t5e 4t2+*3at2on
2f t5ere :a4 a 4t2+*3at2on to 7ont2n*e :2t5 :2tne44e4 5ere for 4e7on$ t2,e t5e;0re rea$;
to +ro7ee$ t524 24 7a4e 9o2n9 for:ar$ an$ :e :233 4:ear 2n t5e :2tne44e4
Mar45a33: I 4:ear to te33 t5e tr*t5 an$ not52n9 6*t t5e tr*t5
12tne44e4: Ye4 42r"
Mar45a33: T5e;0#e 6een 4:orn"
Hon" C*$9e Ho:ar$: A33 r295t Mr" Co*9532n $o I nee$ to 9o o#er t5e +ro7e$*re 5ere
to$a;M
Co*9532n: Ye4 42r"
Hon" C*$9e Ho:ar$: t5e 72t; 5a4 a 6*r$en of +roof an$ a4 4*75 :233 a33o: M4" Ro6ert4
to +ro7ee$ :2t5 2t4 7a4e 2n 752ef 2n2t2a33; 45e 7an $o 4o 6; 7a332n9 one ,ore :2tne44e4 to
t5e :2tne44 4tan$ ;o* 5a#e an o++ort*n2t; to 7ro44 eDa,2ne ea75 of t5o4e :2tne44e4
on7e 45e 5a4 7o,+3ete$ 45e 7an a34o offer an; +5;427a3 or $o7*,entar; e#2$en7e t5at
45e fee34 24 re3e#ant o6#2o*43; 4*6Ee7t to an; o6Ee7t2on4 t5at ;o* ,295t 5a#e to
re3e#an7;" On7e t5e 72t; 5a4 7on73*$e$ 2t4 7a4e ;o* :233 5a#e an o++ort*n2t; to +re4ent
a $efen4e" I 52953295t t5e :or$ o++ort*n2t; 6e7a*4e I t52n> ;o* *n$er4tan$ t5ere 24 no
re8*2re,ent t5at ;o* +re4ent an; e#2$en7e :5at4oe#er an$ 45o*3$ ;o* 75oo4e not to
te4t2f; t524 7o*rt t5ere04 no 2nferen7e a4 to ;o*r 9*23t or 2nno7en7e 6a4e$ on ;o*r
$e7242on not to te4t2f; on t5e ot5er 5an$ ;o* 5a#e an a64o3*te r295t to offer te4t2,on;
2n t5e for, of :2tne44e4 2n73*$2n9 ;o*r4e3f rea32L2n9 t5at ea75 of t5o4e :2tne44e4 :233
6e 4*6Ee7t to 7ro44AeDa,2nat2on 6; t5e 72t; attorne; 2n fa7t 2f ;o* 5a#e an; a$$2t2ona3
e#2$en7e +5;427a3 or $o7*,entar; t5at ;o* :o*3$ 32>e ,e to re#2e: 2n ,o4t
72r7*,4tan7e4 I :233 $o 4o 4*6Ee7t on7e a9a2n to an; o6Ee7t2on4 t5at t5e 72t; attorne;
an$ 5e ,295t 5a#e to t5at e#2$en7e on7e t5e t:o of ;o* 5a#e 4*6,2tte$ ;o*r re4+e7t2#e
7a4e4 I :233 a33o: 6ot5 of ;o* to ,a>e 73o42n9 ar9*,ent4 on7e 7on73*$e$ t524 7o*rt
:233 ren$er a $e7242on a4 ;o*r 9*23t for ;o*r 2nno7en7e $o *n$er4tan$M
Co*9532n: I $o 5a#e a 8*e4t2on Yo*r Honor" Yo* ,ent2one$ t5at I :o*3$ 6e a63e to
+re4ent e#2$en7e 2f t5at e#2$en7e 24 6e2n9 :2t55e3$ fro, ,e at t524 +o2nt an$ 2t04
+en$2n9 t5e re4o3*t2on of a ,ot2on for ret*rn of +er4ona3 +ro+ert; 2n C*4t27e Co*rt I
:o*3$ 6e +re73*$e$ fro, a7t2on a77e442n9 t5at e#2$en7eM
Hon" C*$9e Ho:ar$: I0#e r*3e$ on t5at a3rea$; 5a#e I notM
Co*9532n: It 4o*n$e$ 32>e ;o* 4a2$ 2t $2$n0t ,atter"
Hon" C*$9e Ho:ar$: I $on0t f2n$ t5at 2t04 re3e#ant to 9o for:ar$ :2t5 t5e tr2a3 to$a;"
Co*9532n: 4o 2f I 5a#e #2$eo e#2$en7e of reta32ator; 2ntent 6; 1a3AMartM
Hon" C*$9e Ho:ar$:;o* 45o*3$0#e 6ro*95t 2t :2t5 ;o* to$a;"
Co*9532n: 6*t 2f 2t04 6e2n9 :2t55e3$ 2,+er,244263; *n$er t5e 3a:M
- (-?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01470
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Hon" C*$9e Ho:ar$: :e are 9o2n9 for:ar$ to$a; I 5a#e a$$re44e$ t5e 244*e ;o* 7an
6r2n9 2t *+ on a++ea3 2f ;o* fee3 t5at t5e $e7242on of t5e Co*rt 24 2,+ro+er *n$er4too$M
Co*9532n: Ye4 S2rYo*r Honor"
Hon" C*$9e Ho:ar$: Mr" Co*9532n 3et4 ;o* an$ I 5a#e an a9ree,ent to$a; t5at :e
:233 6e re4+e7tf*3 of one anot5er ;o* 7an ten$er an; o6Ee7t2on4 t5at ;o* ,a; 5a#e I $o
not :ant ;o* to 6e re+et2t2o*4 2f ;o* ,a$e an o6Ee7t2on or a +re4entat2on an$ I0#e r*3e$
on 2t eD7e+t t5at an$ 3et04 ,o#e on" Do :e 5a#e an *n$er4tan$2n9M
Co*9532n: I $o 5o:e#er to t5e eDtent t5at ;o*0#e to3$ ,e t5at ,; 32fe an$ 7areer are not
:ort5 a 7ont2n*an7e 6e7a*4e 2t ,295t 7o4t a 1a3AMart a44o72ate anot5er tr2+ to t5e
7o*rt 5o*4e I $on0t 4ee :5ere :e are 6e2n9 re4+e7tf*3 of ,eYo*r Honor"
=B:B' PM)
Hon" C*$9e Ho:ar$: Ver; 9oo$ +3ea4e +ro7ee$"
Ro6ert4: Yo*r Honor 7an I 2n#o>e eD73*42onar; r*3e a4>e$ T5o,a4 Front2no"
Co*9532n: Yo*r Honor ,a; I E*4t 2nterEe7t an$ a$$re44 a 7o*+3e +re32,2nar; ,ot2on4
2n 32,2ne an$ eD73*42onar; ,ot2on4M
Hon" C*$9e Ho:ar$: 15atM
Co*9532n: I a4> t5at an; of t5e $247o#er; t5at t5ere Reno C2t; Attorne;4 +ro#2$e$ 6e
eD73*$e$ *n$er t5e, ,ot2on 2n 32,2ne? eD73*42onar; r*3e an$ t5at :e f*33; 6r2ef t5e
244*e4 t5ere an$ 2f 6efore an; 4*75 4*75 $247o#er; 24 a$,2tte$ 2nto e#2$en7e"
Ho:ar$: 15at 24 ;o*r ,ot2on 2n 32,2neM
Co*9532n: to eD73*$e t5e t5e :r2tten 4tate,ent4 of Mr" Front2no an$ t5e
Hon" C*$9e Ho:ar$: On :5at 6a424M
Co*9532n: t5at t5e 4ear75 :a4 #2o3at2#e of t5e Fo*rt5 A,en$,ent"
Hon" C*$9e Ho:ar$: C2t; a re4+on4eM
Ro6ert4: I t52n> 5e nee$4 to art27*3ate 5o: t5e; 2n#o>e t5e Fo*rt5 an$ F2ft5
aA,en$,ent4 rat5er t5an E*4t ,a>e 6a3$ a44ert2on t5at t5e;0#e #2o3at2#e"
Hon" C*$9e Ho:ar$: 1e33 I a, 9o2n9 to $en; ;o*r re8*e4t"" NRS <'."&<B@ ,ot2on4
are re8*2re$ to 6e ,a$e +r2or to tr2a3 ;o* fa23e$ to $o t5at 2n :r2tten for, an$ I a, not
9o2n9 to 7on42$er t5e, at t524 +o2nt 2n t2,e 6e7a*4e t5ere 5a#e t5e o6#2o*4 effe7t of
7ont2n*2n9 t524 +re7e$2n9 to$a; an$ I t52n> t5at04 :5at ;o*0re 9o2n9 after"
Co*9532n: an$ I033 E*4t 2nterEe7t an o6Ee7t2on"
Hon" C*$9e Ho:ar$: I $on0t :ant to 5ear an;t52n9 f*rt5er 2t4 $en2e$"
Co*9532n: I nee$ to enter ,; o6Ee7t2on4 for t5e re7or$"
Hon" C*$9e Ho:ar$: Mr" Co*9532n I 5a#e 92#en ;o* fa2r :arn2n9 2f ;o* 7ont2n*e to
+er424t 2n t524 32ne of +erfor,an7e I0, 9o2n9 to 5o3$ ;o* 2n 7onte,+t =B:B% PM)
Co*9532n: I :on0t 6e 6*332e$ 2nto not enter2n9 ,; o6Ee7t2on4 on t5e re7or$"
Hon" C*$9e Ho:ar$: T524 ,atter :233 6e 7ont2n*e$ 6e7a*4e ;o*0re 9o2n9 to 6e +3a7e$
2n 7*4to$; no: ;o*0#e 6een 92#en fa2r :arn2n9 3et04 +ro7ee$"
Co*9532n: Yo*r Honor ,a; I enter ,; o6Ee7t2on4 2n t5e re7or$ to +re4er#e t5e, for t5e
re7or$ on a++ea3M
Hon" C*$9e Ho:ar$: Go a5ea$"
Co*9532n: It 4ee,4 a4 t5o*95 ;o*0#e E*4t to3$ ,e t5at I ,a; not 6e7a*4e ;o* E*4t to3$
,e ;o* are 9o2n9 to 5a#e to 6e arre4te$ 2f I $o 4o I a, a 32tt3e 47are$ to $o t5at at t524
+o2nt Yo*r Honor an$ I ,o#e for ;o*r re7*4a3 fro, t524 7a4e on t5at 6a424
Hon" C*$9e Ho:ar$: $en2e$"
- ('?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01471
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Co*9532n: O>a;t5en 7an I enter ,; o6Ee7t2on4 for t5e re7or$ an$ 4tate t5e 6a424 for ,;
o6Ee7t2on4 for t5e ,ot2on4 2n 32,2neM
Hon" C*$9e Ho:ar$:Mr" Co*9532n: 3et04 +ro7ee$ ,a>e ;o*r o6Ee7t2on4 on t5e re7or$
no: 9o a5ea$"
Co*9532n: O>a; I $on0t ,ean to +ro#2$e a rea4on to 9et an9r;"" T5o4e ,ot2on4 :ere
4*6,2tte$ I 6e32e#e I 5a#e 4*6,2tte$ t5o4e ,ot2on4 2n :r2t2n9"
Hon" C*$9e Ho:ar$: an$ t5e; 5a#e 6een $en2e$"
Co*9532n: :e33 2t 4ee,e$ a4 t5o*95 a 4e7on$ a9o Yo*r Honor 4a2$ t5at t5e; 5a$ not
6een 4*6,2tte$ 2n :r2t2n9
Hon" C*$9e Ho:ar$: A33 r295tW =+o*n$4 f24t on $e4> ,a>2n9 #er; 3o*$ 4o*n$
7o*rtroo, ,27ro+5one ,a3f*n7t2on4 :2t5 fee$6a7> for a +er2o$ of t2,e )
=B:(.:.-: +",")
Co*9532n: f*rt5er t5ere 24 a 7oer72#e atte,+t to +ro7*re 7on4ent to a 4ear75 6a4e$ *+on
not 7on4ent2n9" Pro6a63e 7a*4e :a4 6*ttre44e$ *+on a fa23*re to not 7on4ent to 4ear75
:5275 a4 ;o* 4tate$ ear32er Yo*r Honor a44ert2n9 one04 F2ft5 A,en$,ent or Fo*rt5
A,en$,ent r295t 7annot 6e *4e$ to 2nfer e#2$en7e of 9*23t or to 6*ttre44 a +ro6a63e
7a*4e f2n$2n9 for a 4ear75 +art27*3ar3; for a 4ear75 t5at o77*r4 +r2or to arre4t"
Hon" C*$9e Ho:ar$: an;t52n9 f*rt5erM
Co*9532n: I $o"" I a, terr263; 45a>en 6; :5at ;o* 4a2$ to ,e S2r an$ 2t04 affe7te$ ,;
a6232t; to 7on7entrate r295t no: an$ $efen$ ,; 7a4e 92#en t5e . to -. 2n one 4e7on$
a++roa75 t5at I 5a#e :2tne44e$ ;o* ta>e :2t5 ,e to$a; 2n ter,4 of t5reaten2n9 ,e :2t5
7onte,+t *+on t5e f2r4t atte,+t I 6e32e#e I ,a$e to +re4er#e an$ o6Ee7t2on4 for t5e
re7or$ f*rt5er I 6e32e#e ,; ,ot2on for re7on42$erat2on t5e $en2a3 of a++o2nte$ 7o*n4e3
6*t 2t :a4 ne#er r*3e$ on" T5ere 24 a S2Dt5 A,en$,ent r295t to 7o*n4e3 :5ere t5e
+o4426232t; of Ea23 t2,e 24"
Hon" C*$9e Ho:ar$: ;o*r 2n2t2a3 ,ot2on 5a4 6een +re#2o*43; $en2e$" I033 $en; 2t
a9a2n 2n re9ar$ to ,ot2on for 7o*n4e3 I033 $en; 2t a9a2n for t5e re7or$ t5at 24 fo*n$e$
*+on S7ott #er4*4 I332no24 :5275 5e3$ t5at :5ere an 2n$29ent 2n$2#2$*a3 a4 ;o* 73a2,
;o* are 24 not 9o2n9 to 6e 4enten7e$ to Ea23 t2,e t5ere 24 no re8*2re,ent of t5e
a++o2nt,ent of 7o*n4e3"
B:&':(( +,
Ro6ert4: After ;o* 2$ent2f2e$ ;o*r4e3f a4 1a3AMart a44et +rote7t2on :5at $2$ ;o* 4a; to 52,
T5o,a4 Front2no: I 2$ent2f2e$ ,;4e3f a4 a44et +rote7t2on an$ t5at I nee$e$ to ta3> to 52, a6o*t 4o,e
2te,4 t5at 5e 5a$ ta>en fro, o*r fa7232t;"
Reno C2t; Attorne; Pa, Ro6ert4: An$ $2$ 5e 4a; an;t52n9 to ;o* at t5at t2,e:
T5o,a4 Front2no: He +reten$e$"""He $2$ not 4a; an;t52n9 5o:e#er 5e $2$ 7o,e :2t5 *4 6a7> 2nto t5e
4tore
B:&/:(( +,
- (/?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01472
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Reno C2t; Attorne; Pa, Ro6ert4: D2$ ;o* +3a7e Mr" Co*9532n 2n 7*4to$; $2$ ;o* +3a7e 5an$7*ff4 on
52, at t5at t2,eM
T5o,a4 Front2no: No :e $2$ not to*75 52, 2n an; :a; He :a4 42,+3; fo33o:2n9 o*r $2re7t2on4 at
t5at +o2nt"
B:&%:(<
Reno C2t; Attorne; Pa, Ro6ert4: 15en ;o* :ere :a3>2n9 Mr" Co*9532n 6a7> to t5e AP Off27e :a4
5e 2n 5an$7*ff4M
T5o,a4 Front2no: No 5e :a4 not"
Reno C2t; Attorne; Pa, Ro6ert4: an$ :ere ;o* e47ort2n9 52, 2n an; :a; $2$ ;o* 5a#e ;o*r ar,
aro*n$ 52, 2n an; :a;M
T5o,a4 Front2no: No :e $2$ not"
Reno C2t; Attorne; Pa, Ro6ert4: On7e ;o* :ere 2n t5e AP off27e $2$ ;o* a4> 52, an; 8*e4t2on or
5a#e f*rt5er $247*442on"
T5o,a4 Front2no: I a4>e$ 52, a6o*t t5e 2te,4 5e 7on7ea3e$ an$ 5e ref*4e$ to 7oo+erate an; f*rt5er
:2t5 o*r 2n#e4t29at2on""""He E*4t 7ont2n*e$ to 4a; t5at 5e $2$n0t $o 2t :5en I a4>e$ 52, a6o*t t5e 7an$;
6ar an$ 7o*95 $ro+4"
B:@.:&'
Za75 Co*9532n: O6Ee7t2on Be4t E#2$en7e R*3e :5; re3; on Front2no04 #a9*e re7o33e7t2on4 rat5er t5an
*4e an; of t5e #2$eo ta+e"
B:@<:<%:
Reno C2t; Attorne; Pa, Ro6ert4: D2$ ;o* a4> Mr" Co*9532n an; ,ore 8*e4t2on4 re3e#ant to t524
42t*at2onM
T5o,a4 Front2no: I a4>e$ 52, for 524 2nfor,at2on 4o :e 7o*3$ enter 2t 2nto o*r 4;4te,"
B:@B
ar9*e a6o*t eD73*42onar; r*3e re9ar$2n9 :2tne44 HaL3ettASte#en4 2n t5ere :at752n9 ,ent2on Ho:ar$
,a$e a :o,an 3ea#e ear32er a33 :2tne44e4 are ,a3e et7"
B:@B:B@ +,
Reno C2t; Attorne; Pa, Ro6ert4: 15at 4+e72f27 2nfor,at2on $2$ ;o* a4> of Mr" Co*9532nM
T5o,a4 Front2no: I$ent2f27at2on 524 na,e 62rt5 $ate 4o72a3 4e7*r2t; n*,6er"
Reno C2t; Attorne; Pa, Ro6ert4: An$ $2$ 5e +ro#2$e an; of t5at 2nfor,at2on to ;o*M
T5o,a4 Front2no: No 5e $2$ not"
Reno C2t; Attorne; Pa, Ro6ert4: Ba4e$ *+on 524 *n:2332n9ne44 to +ro#2$e t5at 2nfor,at2on $2$ ;o*
ta>e an; f*rt5er a7t2onM
T5o,a4 Front2no: Ye4 :e 7a33e$ t5e +o327e t5e Reno S+ar>4 In$2an Co3on; Tr26a3 Po327e
De+art,ent" T5e; *4*a33; arr2#e :2t52n ten ,2n*te4 I 6e32e#e ,; 4tate,ent ref3e7t4 2t :a4 3e44 t5an
t5at"
Reno C2t; Attorne; Pa, Ro6ert4: 1ere ;o* +re4ent :5en t5e Off27er4 $e72$e$ to +*t 5an$7*ff4 on
Mr" Co*9532n
T5o,a4 Front2no: Ye4"
- (%?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01473
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Reno C2t; Attorne; Pa, Ro6ert4: Pr2or to +3a72n9 t5e 5an$7*ff4 $2$ ;o* o64er#e t5e Off27er4 +3a7e
t5e2r 5an$4 2n Co*9532n04 +o7>et4M
T5o,a4 Front2no: No"
Reno C2t; Attorne; Pa, Ro6ert4: 15at :ere t5e 2te,4 ;o* 6e32e#e Mr" Co*9532n 5a$ ta>en fro,
1a3AMartM
T5o,a4 Front2no: 75o7o3ate 6ar an$ t:o +a7>a9e4 of 7o*95 $ro+4"
Reno C2t; Attorne; Pa, Ro6ert4: :ere ;o* a63e to re7o#er t5o4e 2te,4"
T5o,a4 Front2no: U5 5e 7on4*,e$ t5e 75o7o3ate 6ar an$ 5e 7on4*,e$ 4o,e of t5e 7o*95 $ro+4 a4
:e33 6*t :e :ere a63e to 9et t5e +a7>a92n9 to e#er;t52n9"
Za75 Co*9532n: O6Ee7t2on fo*n$at2on
Hon" C*$9e Ho:ar$: Den2e$
Reno C2t; Attorne; Pa, Ro6ert4: D2$ ;o* re7o#er t5e +a7>a92n9 for t5e 7o*95 $ro+4M
T5o,a4 Front2no: Ye4 I $2$"
Reno C2t; Attorne; Pa, Ro6ert4: So ;o* :ere a63e to te33 :5at t;+e of 7o*95 $ro+ 2t :a4M
T5o,a4 Front2no: Ye4"
Za75 Co*9532n: O6Ee7t2on fo*n$at2on"
Hon" C*$9e Ho:ar$: O#err*3e$"
Reno C2t; Attorne; Pa, Ro6ert4: $2$ ;o* re7o#er t5e 7an$; 6ar :ra++er t5at :a4 a44o72ate :2t5 t5e
7an$; 6ar ;o* 4a: Mr" Co*9532n 7on4*,eM
T5o,a4 Front2no: Ye4 I $2$ an$ +re+are$ a re7e2+t to 2n$27ate :5at t5e; #a3*e of t5o4e 2te,4 are 6;
ta>2n9 t5e eDa7t :ra++er of t5e 2te, an$ +re+ar2n9 a tran2n9 re7e2+t 4o :e 7an 9et t5e eDa7t #a3*e of
:5at t5e; 4e33 for 2n Reno
B:@-:@%
Za75 Co*9532n: O6Ee7t2on 5ear4a;
Hon" C*$9e Ho:ar$: O#err*3e$W D2$ ;o* 5ear ,e S2rM D2$ ;o* 5ear t5atM
B:@':<'
Reno C2t; Attorne; Pa, Ro6ert4: D2$ ;o* a7t*a33; 7on$*7t t5e 47ann2n9 of t5o4e 2te,4 to 7reat t5e
tra2n2n9 re7e2+t
T5o,a4 Front2no: I $on0t 5a#e a 7a452er n*,6er 4o I 9o :2t5 t5e, an$ 4tan$ :2t5 t5e, an$ :at75
:523e t5e; 47an t5e 2te,4 to 7reate t5e re7e2+t =75e7> t5e ta+e to 4ee)"
Reno C2t; Attorne; Pa, Ro6ert4: So ;o* a7t*a33; o64er#e t5e, 9o2n9 t5ro*95 t5e ,ot2on of
47ann2n9 t5e 2te,4 an$ +re+ar2n9 t5e re7e2+tM
T5o,a4 Front2no: Ye4 I $o"
Reno C2t; Attorne; Pa, Ro6ert4: 1245 to enter a4 ED5262t < t5e re7e2+t
Za75 Co*9532n: O6Ee7t2on: fo*n$at2on an$ a*t5ent27at2on 6e4t e#2$en7e r*3e
Hon" C*$9e Ho:ar$: $en2e$"
T5o,a4 Front2no: 2$ent2f2e4 2t a4 a tra2n2n9 re7e2+t :2t5 a 324t of 2te,4 :5275 5e 7on4*,e$ or re,o#e$
fro, t5e fa7232t; 2n73*$2n9 t5e 75o7o3ate 6ar an$ t5e 7o*95 $ro+4 I 5a#e t5e a7t*a3 re7e2+t :2t5 ,e
an$ t5at +5oto7o+; 24 7on424tent :2t5 2t"
Za75 Co*9532n: o6Ee7t2on 6a424 of 3a7> of fo*n$at2on a*t5ent27at2on 6e4t e#2$en7e r*3e 5e 24 not
8*a32f2e$ to te4t2f; :2t5 re9ar$ to t5e 6*42ne44 +ra7t27e4 of 524 e,+3o;er 2n t524 +art27*3ar
72r7*,4tan7e re3e#an7; to :5at eDtent 24 t524 +ro6at2#e"
- &.?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01474
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M An;t52n9 fro, Reno C2t; Attorne; Pa, Ro6ert4: on E*r24$27t2onM In$2an Co3on; 3an$ an;one :2t5
a $ro+ of tr26a3 63oo$ ,*4t 6e tr2$e 2n tr26a3 7o*rt"
Reno C2t; Attorne; Pa, Ro6ert4: He +er4ona33; o64er#e$ t524 $o7*,ent 6e2n9 +ro$*7e$ 6; t5e
,a752n9 an$ 4a: t5e 2te,4 t5at 5e 4a: 7on4*,e$ or 4to3en 6; t5e $efen$ant 47anne$ 2nto t5e re924ter"
Hon" C*$9e Ho:ar$: O6Ee7t2on o#err*3e$ a$,2tte$"
Reno C2t; Attorne; Pa, Ro6ert4: no f*rt5er 8*e4t2on4 of t524 :2tne44
Cro44 of Front2no: (:.<:..
Za75 Co*9532n: Mr" Front2no :233 ;o* 4tate ;o*r 4o72a3 4e7*r2t; n*,6er for t5e re7or$"
Hon" C*$9e Ho:ar$: 5e $oe4n0t 5a#e to +ro#2$e t5at"
Za75 Co*9532n: Yo*r Honor I $o not 6e32e#e ;o* are +ra7t272n9 3a: on 6e5a3f of t5e C2t; Attorne;04
Off27er 5e"
Hon" C*$9e Ho:ar$: 6efore 5e 4+ea>4 524 44n 2nto t5e re7or$"""I a, 9o2n9 to +re#ent 2t
Za75 Co*9532n: o6Ee7t2on to t5e 7o*rt04 4*a 4+onte +ra7t272n9 3a: on 6e5a3f of t5e 72t; attorne;04
off27e"
Za75 Co*9532n: Mr" Front2no $2$n0t ;o* 5a#e a 4o72a3 4e7*r2t; n*,6er on a +2e7e of +a+er :2t5 ,;
na,e on 2t +r2or to t5e +o327e arr2#2n9M =(:.B:.')
T5o,a4 Front2no: I $o not re7a33"
C:So 2n ;o* LP roo, $2$ ;o* 5a#e an; +2e7e of +a+er :2t5 :5at ;o* t5o*95t :a4 ,; na,e 4o72a3
4e7*r2t; n*,6er or ot5er +er4ona33; 2$ent2f2a63e 2nfor,at2on a3rea$; f233e$ o*t"
T5o,a4 Front2no: At t5e t2,e ;o* 5a$ on3; 92#en *4 ;o*r na,e t5at :a4 2t"
Za75 Co*9532n: O6Ee7t2on non re4+on42#e"
Hon" C*$9e Ho:ar$: Yo* a4>e$ t5e 8*e4t2on ;o* 9ot a re4+on4e ;o*r o6Ee7t2on o#err*3e$ $en2e$"
Za75 Co*9532n: 4o are ;o* 3;2n9 :5en ;o* 4a; I +ro#2$e$ ;o* ,; na,eM
T5o,a4 Front2no: No"
Za75 Co*9532n: So E*4t to 6e 73ear ;o* are 4tat2n9 5ere *n$er +ena3t; of +erE*r; *n$er oat5 t5at +r2or
to t5e +o327e arr2#2n9 ! gave you my name?
T5o,a4 Front2no: I a, 4a;2n9 t5at :e $2$ not 5a#e t5e e#2$en7e re8*2re$""" :e $2$ not 5a#e t5e
2nfor,at2on re8*2re$ 4o :5et5er ;o* 9a#e ,e ;o*r na,e or not :a4""":a4 not t5e +o2nt ;o* :ere
*n7oo+erat2#e an$ t5at 24 :5; :e not2f2e$ +o327e"
Za75 Co*9532n: O>a; E*4t a 4e7on$ a9o ;o* te4t2f2e$ t5at I 9a#e ;o* ,; na,e +r2or to t5e +o327e
arr2#2n9 no: 2t 4ee,4 ;o* are 6a7>2n9 off of t5at a 32tt3e 62t Mr" Front2no"""an$ ;o* are 4,232n9
smugly.
T5o,a4 Front2no: I $on0t re,e,6er :5et5er ;o* 9a#e ,e ;o*r na,e or not at f2r4t I >no: ;o* $2$
not 92#e ,e t5e 2nfor,at2on re8*2re$ for *4 to 7o,+3ete o*r 2n#e4t29at2on t5at 24 :5; +o327e :ere
not2f2e$"
Za75 Co*9532n: O>a; 4o ;o* E*4t 32e$ ear32er :5en ;o* 4a2$ F;e4 for 4*reG I 9a#e ;o* ,; na,e +r2or
to t5e +o327e arr2#2n9 an$ t5at ;o* $2$n0t a3rea$; 5a#e ,; na,e on a +2e7e of +a+er an$ :5at ;o*
t5o*95t :a4 ,; 4o72a3 4e7*r2t; n*,6er :r2tten on a +2e7e of +a+er r295t t5ere on ;o*r $e4> 2n t5e
3o44 +re#ent2on off27eM 1ere ;o* 3;2n9 r295t t5ere Mr" Front2noM
Reno C2t; Attorne; Pa, Ro6ert4: O6Ee7t2on 7o,+3eD 8*e4t2on"
Hon" C*$9e Ho:ar$: It4 a 7o,+3eD 8*e4t2on 3et4 a4> a 8*e4t2on not a 4er2e4 of 8*e4t2on4 2n narrat2#e
for,"
- &<?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01475
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Za75 Co*9532n: 24 2t tr*e t5at ;o* E*4t te4t2f2e$ ear32er t5at ;o* $2$ not 5a#e ,; na,e :r2tten on a
+2e7e of +a+er 2n ;o*r off27e 2,,e$2ate3; *+on 6r2n92n9 ,e 6a7> to 2t"
T5o,a4 Front2no: I 6e32e#e I $2$ 5a#e ;o*r na,e 6*t I $o not re,e,6er 7on73*42#e3; :5et5er or
not"""I >no: t5at I $2$ not 5a#e eno*95 2nfor,at2on to 7o,+3ete ,; 2n#e4t29at2on"
Za75 Co*9532n: O>a; 4o ear32er :5en ;o* te4t2f2e$ t5at ;o* $2$n0t 5a#e ,; na,e on a +2e7e of +a+er
6*t t5en t5at t5e on3; :a; ;o* 9ot ,; na,e +r2or to t5e +o327e arr2#2n9 :a4 6; ,e offer2n9 2t ;o*
:ere 3;2n9M Un$er +ena3t; of +erE*r;M I $on0t >no: :5; ;o* are 4,232n9 S2rM T5ere04 not52n9 f*nn;
a6o*t +erE*r;"
Hon" C*$9e Ho:ar$: I $on0t 4ee t5at a4 a 4,23e 3et04 3et t5e re7or$ 6e 73ear"
T5o,a4 Front2no: I0, not 8*2te *n$er4tan$2n9 ;o*r 8*e4t2on +er5a+4" I a, 4a;2n9 t5at I $2$ not 5a#e
eno*95 2nfor,at2on to +ro7ee$ :2t5 ,; re+ort :2t5o*t not2f;2n9 +o327e"
Za75 Co*9532n: O>a; :e33 I033 E*4t :r2te t5e4e 8*e4t2on4 $o:n rea3 42,+3e"
Hon" C*$9e Ho:ar$: 24 t5at a 8*e4t2onM
Za75 Co*9532n: I a, ,a>2n9 2t a 8*e4t2on r295t 5ere"
Hon" C*$9e Ho:ar$: 15at ;o* are $o2n9 24 ;o* are 6e2n9 ar9*,entat2#e :5at I :ant ;o* to $o 24 a4>
52, 8*e4t2on4"
Za75 Co*9532n: 1ere ;o* 3;2n9 :5en ;o* 4a2$ ear32er t5at ;o* $2$n0t 5a#e :5at ;o* t5o*95t :a4 ,;
na,e
T5o,a4 Front2no: No I :a4 not 3;2n9 I 6e32e#e t5at I :a4 ,a>2n9 a 4tate,ent t5at I 4t233 6e32e#e :a4
tr*e"""I 6e32e#e ;o* 9a#e ,e ;o*r na,e an$ on3; ;o*r na,e at t5e t2,e"
Za75 Co*9532n: O>a; 4o E*4t a ,2n*te a9o :5en ;o* 4a2$ Fno: I0, not 4*re :5et5er ;o* 9a#e ;o*
,e ;o*r na,e or notM 15275 24 2tM T5e ta+e of t524 te4t2,on; r295t 5ere :233 45o: t5at at f2r4t ;o*
4a2$ ;o* $2$n0t 5a#e ,; n,eM
Hon" C*$9e Ho:ar$: t5ere 24 a 8*e4t2on 6efore 52, I 6e32e#e 3et04 4ee 2f 5e 7an a$$re44 2t"
T5o,a4 Front2no: 15at :a4 t5e 8*e4t2onM
Za75 Co*9532n: D2$ ;o* a3rea$; te4t2f; to$a; t5at ;o* $2$ not >no: ,; na,e :5en ;o* 6ro*95t ,e
6a7> to t5e LP roo,"
T5o,a4 Front2no: 15en I 6ro*95t ;o* 6a7> to t5e roo, no I $2$ not 5a#e ;o*r na,eM
Za75 Co*9532n: D2$ ;o* 5a#e a na,e t5at ;o* 6e32e#e ,295t 6e ,2neM
T5o,a4 Front2no: Ye4 6e7a*4e ;o* 9a#e *4 a"""a na,e 6*t :2t5o*t +ro+er 2$ent2f27at2on 2t 24 1a3A
Mart +o327; to 7a33 t5e +o327e"
Za75 Co*9532n: So no: ;o* are 4a;2n9 I 9a#e ;o* a na,eM
Reno C2t; Attorne; Pa, Ro6ert4: Yo*r Honor a4>e$ an$ an4:ere$"
Za75 Co*9532n: It4 6een an4:ere$ 2n 4e#era3 7ontra$27tor; :a;4"""
Hon" C*$9e Ho:ar$: S*4ta2ne$ a4> anot5er 8*e4t2on"""
Za75 Co*9532n: At f2r4t 2t4 F;o* $2$n0t 92#e a na,eG t5en 2t4 F;o* 9a#e *4 a na,eG t5en 2t4 FI0, not
4*re 2f ;o* 9a#e a na,eG t5en 2t4 ;o* 4,232n9 4o,e ,ore"""
Reno C2t; Attorne; Pa, Ro6ert4: O6Ee7t2on Yo*r Honor 5e04 te4t2f;2n9"""
Hon" C*$9e Ho:ar$: Mr" Co*9532n I 5a#e to3$ ;o* t5at I a, not 9o2n9 to a33o: ;o* to +re4ent
ar9*,ent at t524 t2,e 3et04 9et a3on9 :2t5 anot5er 32ne of 8*e4t2on4""
Za75 Co*9532n: O>a; 6*t I0, 7onf*4e$"""
Hon" C*$9e Ho:ar$: Anot5er 32ne of 8*e4t2on4 t5e re7or$ 24 73ear"""
Za75 Co*9532n: Do ;o* re7a33 5a#2n9 a +2e7e of +a+er :2t5 a na,e t5at ;o* 6e32e#e ,295t 6e ,2ne on
;o*r $e4> 2,,e$2ate3; *+on 6r2n92n9 ,e 2nto :5at ;o* 7a33 t5e a44et +rote7t2on roo,M
- &B?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01476
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T5o,a4 Front2no: 15en :e 6ro*95t ;o* 6a7> 2nto t5e roo, o*r nor,a3 +ro7e$*re 24 to 9et o*t o*r
2nfor,at2on 7o33e7t2on for, an$ to 9et 2nfor,at2on fro, o*r 4*4+e7t :e a4>e$ ;o* ;o*r na,e a33 of
;o*r"""
Za75 Co*9532n: O6Ee7t2on Yo*r Honor I a, not a4>2n9 52, :a4 5e :a4 4ee>2n9 to 5a#e 7o33e7te$
Hon" C*$9e Ho:ar$: 15at Mr" Co*9532n 24 a4>2n9"""2t4 ,; *n$er4tan$2n9 5e04 a4>2n9 ;o* 2f ;o* 5a$ a
+2e7e of +a+er on ;o*r $e4> :2t5 524 na,e on 2t :5en 5e :a4 6ro*95t 6a7> to t5e roo,M I4 t5at
7orre7tM
Za75 Co*9532n: 12t5 ,; na,e a3rea$; on 2t"
T5o,a4 Front2no: No""""=ner#o*4 3a*95ter fro, Front2no)""A64o3*te3; not"""I ,*4t 5a#e
misunderstood t5e 8*e4t2on 6efore 6*t a64o3*te3; no"
C:Yo* $2$n0t 5a#e a +2e7e of +a+er S2r :2t5 ,; na,e an$ 4o72a3 4e7*r2t; n*,6er on 2tM
T5o,a4 Front2no: A3rea$; on 2t :5en ;o* f2r4t entere$ t5e roo,M No"
Za75 Co*9532n: Yea5""";ea5"
T5o,a4 Front2no: A64o3*te3; not"
Za75 Co*9532n: D2$ ;o* 5a#e a +2e7e of +a+er :2t5 ,; na,e on 2tM
T5o,a4 Front2no: No"
Za75 Co*9532n: So,et52n9 42,23ar to ,; na,e on 2tM
Reno C2t; Attorne; Pa, Ro6ert4: O6Ee7t2on 5o: :o*3$ 5e >no: :5at na,e 24 42,23ar to ;o*r4""
Hon" C*$9e Ho:ar$: S+e7*3at2#e"""
Reno C2t; Attorne; Pa, Ro6ert4: S+e7*3at2#e ;e4
Hon" C*$9e Ho:ar$: S*4ta2ne$"
Za75 Co*9532n: S2,23ar 2n ter,4 of one or t:o 3etter4 6e2n9 $2fferent o*t of B. or 4o 3etter4""
Hon" C*$9e Ho:ar$: Mr" Co*9532n"""Mr" Co*9532n"""+ro7ee$ :2t5 anot5er 32ne of 2n8*2r;"
Za75 Co*9532n: O>a; $2$ ;o* 5a#e a +2e7e of +a+er :2t5 a na,e a3rea$; on 2t :5en ;o* 6ro*95t ,e
2nto t5e off27e"
Hon" C*$9e Ho:ar$: A4>e$ an$ an4:ere$"""$2$ ;o* 5ear :5at I E*4t 4a2$M
Za75 Co*9532n: I 6e32e#e t5at :a4 a $2fferent 8*e4t2on S2r" I $2$n0t a4> 2f 2t 5a$ ,; na,e I a4>e$ 2f 2t
5a$ FaG na,e on 2t"
T5o,a4 Front2no: T5ere 24 ot5er +eo+3e04 na,e4 on t5e $e4> 4o 75an7e4 :ere ;e4 t5ere :a4 anot5er
+2e7e of +a+er :2t5 4o,e6o$;04 na,e on 2t 4o,e:5ere on t5e $e4>"
Za75 Co*9532n: An$ ;o* 5a#e #2$eo of t524M
T5o,a4 Front2no: T5ere 24 #2$eo of t5e off27e at t5at t2,e"
Za75 Co*9532n: 1o*3$ 5a#e 5a#e t5o4e +2e7e4 of +a+erM
T5o,a4 Front2no: T5ere04 a 3ot of +a+er"""I $2$n0t >no: :5275 one ;o* :ante$ ,e to 6r2n9"
Za75 Co*9532n: So ;o* are 4a;2n9 *n$er oat5 t5at t5ere :a4n0t a +2e7e of +a+er :2t5 ,; na,e or a
na,e t5at 24 4*64tant2a33; 42,23ar to 2t 2n t5e off27e a3rea$; at t5e t2,e ;o* 6ro*95t ,e 2n t5ere"
T5o,a4 Front2no: 15en I 6ro*95t ;o* 2n o*r off27e t5ere :a4 no +2e7e of +a+er :2t5 ;o*r na,e on 2t
or a na,e t5at :a4 4*64tant2a33; 42,23ar"
Za75 Co*9532n: I :233 re,2n$ ;o* t5at ;o* are *n$er oat5 S2r" =(:<.:(' +,)
Reno C2t; Attorne; Pa, Ro6ert4: O6Ee7t2on 6a$9er2n9
Hon" C*$9e Ho:ar$: S*4ta2ne$"
Za75 Co*9532n: Yo*r Honor I0, *5"""I $o 5a#e re4+e7t for ;o* S2r" An$ I a, not tr;2n9 to :a4te t5e
Co*rt04 t2,e :2t5 t524 neDt 8*e4t2on 6*t I a, tr;2n9 to f29*re o*t :5at Mr" Front2no04 f2na3 te4t2,on;
24 :2t5 re9ar$ to :5et5er I offere$ 52, ,; na,e +r2or to t5e +o327e 9ett2n9 2t" Mr" Front2no 24 2t ;o*r
te4t2,on; t5at I offere$ ;o* ,; na,e +r2or to t5e +o327e arr2#2n9M
T5o,a4 Front2no: I $o not re,e,6er 2f ;o* 4+e72f27a33; 9a#e *4 ;o*r na,e at t5e t2,e"
- &(?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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Za75 Co*9532n: D2$ ;o* te4t2f; ear32er to$a; t5at I $2$ 92#e ;o* ,; na,e +r2or to t5e +o327e arr2#2n9M
T5o,a4 Front2no: I 6e32e#e ;o* ,295t 5a#e 6*t I"""6*t I $o not re7a33 7on73*42#e3; eno*95 to 4a;
F;e4 for 4*re ;o* $2$G or Fno ;o* $2$ not 92#e *4 ;o* na,e 6efore t5e +o327e arr2#e$G"
Za75 Co*9532n: D2$ ;o* t52n> ;o* >ne: :5at ,; na,e ,295t 6eM
T5o,a4 Front2no: A64o3*te3; not"
Za75 Co*9532n: Pr2or to t5e +o327e arr2#2n9M
T5o,a4 Front2no: No"
Za75 Co*9532n: D2$ ;o* te4t2f; ear32er t5at ;o* 5a$ 5a$ F+re#2o*4 2ntera7t2on4G :2t5 ,ean 2n$27ate 4o
2n ;o*r :r2tten 4tate,ent +ro#2$e$ to t5e +o327eM
T5o,a4 Front2no: I 5a$ 4een ;o* +re#2o*4 t2,e4"""
(:<B:.% +,
T5o,a4 Front2no: Ye4 I 5a$ 5a$ +re#2o*4 2ntera7t2on4 :2t5 ;o*"""I 5a$ ne#er 4+o>en to ;o* t5o*95"
Za75 Co*9532n: Ha$ ;o* 5a$ +re#2o*4 $247*442on4 :2t5 an; ot5er 1a3AMart e,+3o;ee4 or
4*+er#24or4 or 3o44 +re#ent2on or a44et +rote7t2on 2n$2#2$*a34M
T5o,a4 Front2no: Ye4 I 5a#e"
Za75 Co*9532n: D2$ ,; na,e e#er 7o,e *+M
T5o,a4 Front2no: No 2t $2$ not"
Za75 Co*9532n: Ho: $2$ ;o* refer to ,e an$ 5o: $2$ t5o4e 7oA:or>er4 refer to ,eM
Reno C2t; Attorne; Pa, Ro6ert4: O6Ee7t2on I $on0t >no: :5at 5e 24 ta3>2n9 a6o*t :5en $2$ t524
7on#er4at2on 5a++en :5o :a4 5e ta3>2n9 toM
Hon" C*$9e Ho:ar$: O#err*3e$"
T5o,a4 Front2no: 1e 9enera33; referre$ to ;o* a4 t5e F3a+to+ 4:2t75erG *, for 4:2t752n9 RAM an$
5ar$ $r2#e4 an$ t52n94 32>e t5at"""
(:<(:(& +,
Za75 Co*9532n: an$ :5o ,a$e t5at 4tate,entM
T5o,a4 Front2no: a+ a44o72ate4 an$ e3e7tron274 a44o72te4 an$ e3e7tron274 a44o72ate4"
Za75 Co*9532n: :5at are t5e2r na,e4M
T5o,a4 Front2no: Stan3e; C*nn2n95a, an$ t5ere 24 anot5er fe,a3e :5o :or>4 2n e3e7tron274 Ce442e"
Za75 Co*9532n: Ce442e 15atM
T5o,a4 Front2no: I $on0t >no: 5ere 3a4t na,e" I 6e32e#e A3eD24 Tr*n$; :5o no: :or>4 t $2fferent
fa7232t;" M; 4*+er#24or Ant5on; R27>er4on"
Za75 Co*9532n: :5o 24 t5e 9ent3e,n :2t5 45a#e$ 5ea$ 4ee,4 to 6e ,;6e C*4to,er Ser#27e
Mana9er or an a4424tant 4tore ,an9er
Hon" C*$9e Ho:ar$: :5at 24 t5e re3e#an7e to t524 32ne of 8*e4t2on2n9"
Za75 Co*9532n: :e33 t5e Ce442e t5at Front2no refer4 to """t5ere :a4 an 2n72$ent :5ere 45e a77*4e$ ,e
of 4o,et52n9 n$ t524 CSM or 4ern2or :a3,art ,ana9er 7a,e o#er an$ :a4 63e to #er2f; t5at 5er
a77*4at2on4 :ere *nfo*n$ or 6a4e3e44"
0o". 1$dge 0o*ard2 % do"3t see a"y rele)a"!e+ a"d yes+ ts 4s$a s&o"te5+ % ' "ot go"g to allo*
t(s l"e of ".$ry. Lets s&eed $& t(s &ro!ess+ as- a"ot(er .$esto""
,a!( Co$g(l"2 6es+ Sr+ o-ay+ 7$st .$!-ly+ state t(e ob7e!to"...0e s 'a-"g t(ese a!!$sato"s
t(at are &re7$d!al a"d to t(e e8te"t % (a)e a rg(t to reb$t t(e' % *s( to do so...
0o". 1$dge 0o*ard2 % (a)e r$led o" t already as- a"ot(er .$esto""
Za75 Co*9532n: O>a; 4o ;o* 5a$ a n27>na,e for ,e 6*t ;o* 5a$ no 2$ea :5at ,; na,e or 2$ent2f;
:a4M
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MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01478
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T5o,a4 Front2no: I 5a$ 4een ;o* 6efore an$ I 5a$ fo33o:e$ ;o* 6efore 6*t no no6o$; >ne: ;o*r
na,e t5at I >ne: of"
Za75 Co*9532n: an; no6o$; 5a$ a na,e t5at t5e; t5o*95t ,295t 6e ,2neM
T5o,a4 Front2no: I 7annot 4+ea> to :5at ot5er +eo+3e t5o*95tM B*t ;o* 7an te4t2f; a4 to :5at t5e;
to3$ ;o*
Reno C2t; Attorne; Pa, Ro6ert4: t5at :o*3$ 6e 5ear4a; ;o*r 5onorM
Hon" C*$9e Ho:ar$: 4*4ta2ne$"
Za75 Co*9532n: Ha62t 5ear4a; eD7e+t2on 6*42ne44 +ra7t27e 7*4to, or +o327;"
Hon" C*$9e Ho:ar$: S*4ta2ne$"
(:<-:@'
T5o,a4 Front2no: on t5e $a; 2n 8*e4t2on Stan3e; C*nn2n95a, :a4 t5e on3; ot5er +er4on :or>2n9 for
a44et +rote7t2on"
Za75 Co*9532n: O>a; 4o 24 2t ;o*r te4t2,on; t5at 2,,e$2ate3; *+on ,; enter2n9 t5e 4tore ;o* 6e9an
to fo33o: ,eM
T5o,a4 Front2no: No I $2$ not 4a; t5at" I fo33o:e$ ;o* 2,,e$2ate3; *+on 4ee2n9 ;o* an$ fo33o:e$
;o* for a++roD2,ate3; 5a3f an$ 5o*r to an 5o*r an$ I +er4ona33; :2tne44e$ ;o* 4e3e7t o+en an$
7on4*,e a 7an$; 6ar an$ 4e3e7t o+en an$ 7on7ea3 t:o +a7>a9e4 of 7o*95 $ro+4"
Za75 Co*9532n: D2$ ;o* te33 t5e +o327e t5at n295t t5at ;o* +er4ona33; 4a: t5e a77*4e$ 7on4*,e t5e
7an$; 6ar 6*t ;o* $2$ ;o* fa23 to ,ent2on an;t52n9 a6o*t F+er4ona33; 4ee2n9G an;t52n9 :2t5 re9ar$ to
t5e 7o*95 $ro+4M
T5o,a4 Front2no: I $2$ not fa23 to ,a>e t5at note to t5e, I 4to++e$ ;o* 4+e72f27a33; for t5e 7an$;
6ar 6e7a*4e after 7on4*,2n9 t5e 7an$; 6ar an$ 7on7ea32n9 t5e 7o*95 $ro+4 ;o* :ent 2nto t5e
6at5roo, :2t5 t5e 7o*95 $ro+4 :5275 +er 1a3AMart +o327; I 5a$ to t5en 4a; F:e33 I 7an0t 4to+ 52,
for t5e 7o*95 $ro+4 6e7a*4e ;o* 7o*3$ 5a#e f3*45e$ t5e 7o*95 $ro+4 ;o* 7o*3$ 5a#e $one :5ate#er
;o* :ante$ :2t5 t5e 7o*95 $ro+4 5o:e#er I 4to++e$ ;o* for t5e 7an$; 6ar an$ t5at 24 :5; I 4to++e$
;o*""" :e re7o#ere$ ,ore :a3,art ,er75an$24e 3ater" It $2$ not affe7t t5e 75ar9e 2n an; :a;"
Za75 Co*9532n: an; ;o* 4a; t524 :a4 a 7an$; 6ar"
T5o,a4 Front2no: 2t :a4 a 75o7o3ate"""4*64tan7e I 7an 92#e ;o* t5e eDa7t 2te, t5e re7e2+t 45o*3$ 6e
on 7a,era #2e: fro, :5en ;o* entere$ t5e AP off27e"
Za75 Co*9532n: an$ ;o* 4a; ;o* 4a: ,e 4e3e7t 2tM
T5o,a4 Front2no: I $2$ 4ee ;o* 4e3e7t 2t"
Za75 Co*9532n: fro, :5ereM
T5o,a4 Front2no: Fro, t5e 7an$; 243e"""fro,"""t5e 27e 7rea, en$7a+ an$ """t5e 7an$; 243e"
Za75 Co*9532n: 24 2t a 7an$; 243e or an 27e 7rea, 243eM
T5o,a4 Front2no: 2t4 t5e 4a,e"""+3a7e"""7*L t5ere04 t5e"""27e 7rea,""en$7a+"""t5at 5a4"""t5e 7an$; 243e"
Za75 Co*9532n: 7an ;o* 6e ,ore 4+e72f27 2n re9ar$ to :5ere 2n t5e 4tore ;o* 4a;"""
T5o,a4 Front2no: :5en ;o* enter t5e fa7232t; 2t4 a6o*t fo*r 243e4 4o a6o*t &. feet :5en ;o* +a44 t5e
re924ter4 ;o* 5an9 a 3eft an$ t5at04 :5ere a33 of o*r 7an$;At;+e 4*64tan7e4 are"
Za75 Co*9532n: T5e 7an$; 243eM En$7a+M 1a4 2t on an en$7a+M
T5o,a4 Front2no: Yo* 4e3e7te$ 2t fro, t5e 7an$; 243e t5ere4 t5e 27e 7rea, en$7a+ an$t5en t5e 7an$;
243e ;o* 4e3e7te$ 2t fro, t5e2r"
Za75 Co*9532n: 15at04 an Fen$7a+GM
T5o,a4 Front2no: It 7a+4 off t5e en$ of an 243e
Za75 Co*9532n: 4o ;o* are 4a;2n9 2t :a4n0t 4e3e7te$ fro, t5e 7an$; 243eM
- &@?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01479
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T5o,a4 Front2no: %3' say"g t *as sele!ted fro' t(e !a"dy sle. T5ere04 an 27e 7rea, en$7a+ 9o
3eft t5ere an$ t5en t5ere04 t5e 7an$; 243e"
Hon" C*$9e Ho:ar$: A3r295t I 5a#e 5ear$ eno*95 7ont2n*e :2t5 anot5er 32ne of 8*e4t2on2n9 :e 5a#e
5ear$ re+eate$3; t5at 5e o64er#e$ ;o* 4e3e7t 2t fro, t5e 7an$; 243e :5275 24 a34o a44o72ate$ :2t5 t5e
27e 7rea, 243e" He 5a4 eD+3a2ne$ to ;o* :5at an en$7a+ 24 3et04 9o for:ar$"
Za75 Co*9532n: I 6e32e#e t524 24 #er; +ro6at2#e Yo*r Honor"
Hon" C*$9e Ho:ar$: 15;M 15at04 t5e re3e#an7e"
Za75 Co*9532n: I 7an te33 ;o* S2r 6*t 2n or$er to
Hon" C*$9e Ho:ar$: I :ant ;o* to eD+3a2n 2t r295t no: :5at04 t5e re3e#an7eM
Za75 Co*9532n: 2n Or$er to 5a#e ,; a6232t; to 2,+ea75 524 te4t2,on; Yo*r Honor t5ere 24 4o,e
3ee:a; t5at :o*3$ 6e 5e3+f*3 2n or$er to 5a#e 52, +*t 4o,e an4:er4 on t5e re7or$
Hon" C*$9e Ho:ar$: 15at 24 t5e re3e#an7e of t524 32ne of 2n8*2r;"
Za75 Co*9532n: I 7an te33 ;o* t5at"""
Hon" C*$9e Ho:ar$: If ;o* 7an0t 4tate 2t I a, 9o2n9 to ,a>e ;o* ,o#e on"
Za75 Co*9532n: I 7an 4tate 2t S2r 6*t to 4tate 2t 6efore I a, a63e to 9et 52, +*t 4o,e t52n94 on t5e
re7or$ 2,+a2r4 ,; a6232t; to 2,+ea75 52,"
Hon" C*$9e Ho:ar$: F2n$2n9 no re3e#an7e to t524 32ne of 2n8*2r; I a, not 9o2n9 to a33o: 2t"
Za75 Co*9532n: I :233 te33 ;o* t5e re3e#an7e""
Hon" C*$9e Ho:ar$: I a, not 9o2n9 to a33o: 2t ,o#e onW
Za75 Co*9532n: Yo*r Honor I $2$n0t 4a; I :o*3$n0t re#ea3 t5e re3e#an7e""
Hon" C*$9e Ho:ar$: Mo#e OnW I 5a#e 92#en ;o* e#er; o++ort*n2t; to re#ea3 t5e re3e#an7e of t524 32ne
of 2n8*2r;"""
Za75 Co*9532n: I $on0t 6e32e#e ;o* 5a#e Yo*r Honor"""
Hon" C*$9e Ho:ar$: Yo* fa23e$ to $o 2t"""I a, not 9o2n9 to a33o: 2t
Za75 Co*9532n: I :233 4tate t5e re3e#an7e r295t no:"
Hon" C*$9e Ho:ar$: No 2t4 too 3ate no: ,o#e onW
Za75 Co*9532n: 1o:"
Hon" C*$9e Ho:ar$: 1e are not +3a;2n9 a 9a,e 5ere"
Za75 Co*9532n: 1o:"
Hon" C*$9e Ho:ar$: T5e neDt F1o:G t5at ;o* ,a>e 2n t5e4e +ro7ee$2n94"""*n$er t5e4e
72r7*,4tn7e4S2r I , te332n9 ;o* no: 2t $e,en4 t5e Co*rt I 5a#e 92#en ;o* e#er; 3ee:a; +o44263e
an$ ;o* 7ont2n*e to +*45 t5e 6*tton4 no:"""e2t5er ,o#e on"""a4> anot5er 8*e4t2on"
Za75 Co*9532n: Ye4 42r" So t5e 7an$; 6ar :a4 ta>en fro, t5e en$7a+ on t5e en$ of t5e 7an$; 243e
;o* 4a;M
T5o,a4 Front2no: No ;o* too> 2t fro, t5e 7an$; 243e"
Hon" C*$9e Ho:ar$: D2$ ;o* *n$er4tan$"""Ho3$ on"""D2$ ;o* *n$er4tan$ ,; a$,on245,ent a6o*t t524
32ne of 8*e4t2on2n9M
Za75 Co*9532n: I 6e32e#e 4o S2r"
Hon" C*$9e Ho:ar$: T5en :5; $2$ ;o* 9o r295t 6a7> to 2t an$ a4> a6o*t t5e 7an$; 6ar on t5e en$7a+
Za75 Co*9532n: I a, a4>2n9 52, a6o*t 2t for 2,+ea752n9 52, :2t5 re9ar$ to :5ere t524 8*ote *n8*ote
7an$; 6ar :a4 4e3e7te$ fro,
Hon" C*$9e Ho:ar$: I $on0t :ant to 5ear an;t52n9 e34e a6o*t t5e en$7a+ or t5e 243e 3et04 9o for:ar$"
Za75 Co*9532n: I033 E*4t +re4er#e ,; o6Ee7t2on for t5e re7or$ Yo*r Honor Mr" Front2no 5a4 te4t2f2e$
*n$er oat5 t5at t524 F7an$; 6arG :a4 ta>en fro, an 27e 7rea, en$7a+ on t5e en$ of t5e 7an$; 243e 6*t
t5e #2$eo e#2$en7e :o*3$ 4*99e4t t5at 2t4 ta>en fro, 4o,e:5ere ent2re3; $2fferent t5at :o*3$ ten$ to
- &-?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01480
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*n$er,2ne Mr" Front2no04 te4t2,on; 2,+ea75 524 75ara7ter an$ e#er; ot5er fa7t*a3 a44ert2on 5e 5a4
,a$e 5ere to$a;"
Hon" C*$9e Ho:ar$: Do ;o* 5a#e t5at e#2$en7e 5ere to$a; 2n ;o*r +o44e442onM An4:er ;e4 or no"
Za75 Co*9532n: I a, not 4*re"
Hon" C*$9e Ho:ar$: Yo* $on0t >no: :5et5er ;o* 5a#e t5at e#2$en7e 2n ;o*r +o44e442onM
C:T5at04""""or :5et5er 1a3AMart :233 +ro#2$e 2t
Hon" C*$9e Ho:ar$: Mr" Co*9532n ;o* are te332n9 ,e I :ant to 6e 73ear a6o*t t524 t5at ;o* are
*n7erta2n a4 to :5et5er ;o* +er4ona33; +o44e44 t524 #2$eo ta+eM
Za75 Co*9532n: I t5o*95 ;o* 4a2$ :5et5er I +o44e44 e#2$en7e t5at :o*3$ 2,+ea75 :5at 5e 4a2$ an$
te4t2f2e$ to a4 to :5ere t5e 7an$; 6ar :a4
Hon" C*$9e Ho:ar$: are ;o* 2n +o44e442on of a #2$eo ta+e ;e4 or noM
Za75 Co*9532n: of a #2$eo ta+eM S2r I a, *n73ear on :5at ;o* are"""B*t 1a3AMart $oe4 5a#e
7a,era4 a33 o#er t5e 4tore 4o :5et5er or not I a, I :o*3$ t52n> 2t :o*3$ 6e fa2r3; ea4; for 1a3AMart
to 45o: :5ere t524 a33e9e$ 7an$; 6ar :a4 ta>en fro, an$ :5et5er t5at E26e4 :2t5 :5at Mr" Front2no
5a4 E*4t 4a2$"
Hon" C*$9e Ho:ar$: Mr" Co*9532n I a, 9o2n9 to 5o3$ ;o* 2n 7onte,+t at t524 +o2nt 2n t2,e I t52n>
t5at ;o* 5a#e $ero9ate$ t5e a*t5or2t; of t5e Co*rt :2t5 *n+rofe442ona3 7on$*7t re+eate$3; ;o*0#e
6een 92#en e#er; o++ort*n2t; to 5a#e t524 ,atter eD+e$2te$ an$ +ro7ee$ to tr2a3 an$ 5a#e a E*4t f2n$2n9
6*t ;o* 7ont2n*e to 2nterfere :2t5 t5at +ro7e44" I ,a>e a f2n$2n9 t5at ;o* are 9*23t; of $2re7t
7onte,+t I a, 9o2n9 to 5o3$ off :2t5 2,+o42t2on *nt23 t524 +ro7ee$2n9 24 re4o3#e$" A3r295t ;o* 7an
7ont2n*e ;o*r 32ne of 2n8*2r;"
Za75 Co*9532n: Yo*r Honor I nee$ to *4e t5e re4troo,"
Hon" C*$9e Ho:ar$: I 6e9 ;o*r +ar$onM
Za75 Co*9532n: I nee$ to *4e t5e re4troo,"
Hon" C*$9e Ho:ar$: 1e :233 ta>e a f2#e ,2n*te re7e44 I a, 9o2n9 to re,a2n 5ere on t5e 6en75"
Za75 Co*9532n: S2r I :233 6e 8*27>" =(:B-:@B +,)""""
=(:(@:@B +,)
Hon" C*$9e Ho:ar$: 1e are 6a7> on t5e re7or$" Mr" Co*9532n 5a4 5a$ an o++ort*n2t; to *4e t5e
fa7232t2e4 an$ :e :233 +ro7ee$"
Za75 Co*9532n: T5an> ;o* Yo*r Honor Mr" Front2no are ;o* a:are of :5et5er or not ;o* :ere
6e2n9 ta+e re7or$e$ or #2$eo ta+e$"
T5o,a4 Front2no: Ye4 I a, t5ere04 7a,era t5ro*95o*t t5e 4tore an$ 429n4 3ett2n9 7*4to,er4 >no:
t5e; are 6e2n9 ta+e"
Za75 Co*9532n: So t5ere04 7a,era04 t5ro*95o*t t5e 4tore"
T5o,a4 Front2no: T5ere04 not 7a,era4 e#er;:5ere 2n t5e 4tore +r2,ar23; 2n 5295 t5eft or 4afet;
re3ate$ area4"
Za75 Co*9532n: 1a4 t5ere an; a*$2o ta+e ,a$eM
T5o,a4 Front2no: An$ $2$ ;o* or an;one a44o72ate$ :2t5 1a3AMart ,a>e an; a*$2o ta+e4 2n
7onne7$t2on :2t5 t524 42t*at2onM
Za75 Co*9532n: No"
(:(':B' +,
Za75 Co*9532n: D2$ 1a3AMart +ro#2$e #2$eo ta+e to M4" Ro6ert4M
T5o,a4 Front2no: I +ro#2$e$ e#2$en7e to M4" Ro6ert4
Za75 Co*9532n: In fa7t 2n ;o*r 4tate,ent 2n t5e $247o#er; +ro#2$e$ 6; t5e C2t; Attorne; ;o* 4tate$
t5at #2$eo e#2$en7e :o*3$ 6e 7o,+23e$M
- &'?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01481
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T5o,a4 Front2no: Ye4"
Za75 Co*9532n: an$ :5at $2$ ;o* +ro#2$e"
T5o,a4 Front2no: I +ro#2$e$ e#2$en7e fro, :2t52n t5e off27e"
Za75 Co*9532n: 6; t5at $o ;o* ,ean E*4t #2$eo e#2$en7e fro, t5e roo, 2n :5275 ;o* too> t5e
a77*4e$ to"
T5o,a4 Front2no: I too> #2$eo 2,a9e4 of t5e roo, to :5275 I too> t5e a77*4e$ to"
Za75 Co*9532n: C*4t t5at t5o*95M
T5o,a4 Front2no: E*4t t5at ;e4" T5at 24 a33 :e 7o,+23e$ ;e4"
Za75 Co*9532n: :5;M
T5o,a4 Front2no: 6e7a*4e t5e +r2,ar; t5e on3; re4on""":e $on0t 9enera33; re7or$ #2$eo for fo*rteen
$o33r +ett; 3ar7en; 2n72$ent4 *,""":e $2$ t5t 4+e72f27a33; t524 t2,e 6e7a*4e of a77*4t2on t5at :ere
,a$e to:ar$4 t5e off27er4"
Za75 Co*9532n: a77*4t2on4 6; :5o,M
T5o,a4 Front2no: a77*4t2on ;o* 5a$ ,a$e to:ar$ t5e off27er4""";o* 5a$ ,a$e a77*4at2on t5at t5e;
:ere ,a>2n9 an *n3a:f*3 4ear75 of ;o*r +er4on"
Za75 Co*9532n: 4+e72f27a33; :5at :a4 *n3a:f*3 a6o*t 2t"
Reno C2t; Attorne; Pa, Ro6ert4: O6Ee7t2on 7a334 for a 3e9a3 7on73*42on"
Hon: C*$9e Ho:ar$: 4*4ta2ne$ 4*4t2ne$
Za75 Co*9532n: I a, not a4>2n9 2t for t5e +*r+o4e4 of o6ta2n2n9 a 3e9a3 7on73*42on 6*t ,ere3; for
52, to re4tate :5at :a4 4a2$"
Reno C2t; Attorne; Pa, Ro6ert4: t5at04 not t5e :a; 5e a4>e$ t5at 8*e4t2on Yo*r Honor"
Hon" C*$9e Ho:ar$: a4> anot5er 8*e4t2on"
Za75 Co*9532n: Ye4 S2r Yo*r Honor" D2$ an;one 2n73*$2n9 ,;4e3f t5at :a4 2n t5at roo, t5at t2,e
4+e72f2; 2n an; :a; a4 to :5at :a4 2,+er,244263e a6o*t 4*75 a 4ear75M
T5o,a4 Front2no: No ;o* $2$ not"
Za75 Co*9532n: 4o ;o*r te4t2,on; 24 t5at a77*4t2on4 :ere ,a$e t5at t5e 4ear75 :a4 2,+er,244263e
T5o,a4 Front2no: 7orre7t
CK 6*t not52n9 ,ore 4+e72f27 :a4 4a2$M
T5o,a4 Front2no: no"
Za75 Co*9532n: :a4 t5ere an; 7o,,entar; a6o*t t5e 2,+er,244236t; of 7on$2t2on2n9 4ear75 6a4e$
*+on t5e fa23*re to 7on4ent to 4*75 4ear75M
T5o,a4 Front2no: Ye4"
Za75 Co*9532n: :e33 :o*3$n0t t5at 7ontra$27t4 :5at ;o* E*4t 4a2$ :2t5 re9ar$ to :5et5er an; 4+e72f274
:ere 4a2$ :2t5 re4+e7t to :5at :a4 2,+er,244263e a6o*t t5e 4ear75"
Hon" C*$9e Ho:ar$: I033 a33o: 2t"
Za75 Co*9532n: Mr" Front2no 2t 4ee,4 t5o*95 a9a2n t5at ;o*r te4t2,on; 7ontra$27t4 t5e te4t2,on;
;o* ,a$e not e#en t5ree ,2nt*e4 +r2or" =(:&.:(()"
Reno C2t; Attorne; Pa, Ro6ert4: 24 t5at a 8*e4t2on Yo*r HonorM
Za75 Co*9532n: I0, a4>2n9 52, to eD+3a2n"
Hon" C*$9e Ho:ar$: Sto+W" I :233 a33o: 2t" Do ;o* *n$er4tan$ 2tM
T5o,a4 Front2no: I 6e32e#e I $o *n$er4tan$ 2t" I 7an 9o t5ro*95 2t fro, t5e 6e92nn2n9 to en$ 2f ;o*
32>e" T5ere :a4 +o2nt 2n t2,e :5ere ;o* ,a$e an a77*4at2on t5at ;o* 5a$ not 92#en 7on4ent to
4ear75 an$ 2t :a4 at t5at t2,e t5at Off27er Cra:for$ 4a2$ ,a>e note an$ I 6e32e#e 2t4 2n ,; +o327e
4tate,ent t5at t5ere :a4 notat2on t5at ;o*r +o7>et4 :ere 4ear75e$ after ;o* :ere +3a7e$ *n$er arre4t"
Za75 Co*9532n: O>a; 7orre7t ,e 2f I0, :ron9 6*t t524 24 :5t I E*4t 5ear$ ;o* 4a; Ft5ere :a4 no
$2a3o9*e or 4+e72f274 ,ent2one$ a6o*t :5at :a4 2,+er,244263e a6o*t 4*75 a 4ear75 6*t t5en *+on
- &/?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01482
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f*rt5er 8*e4t2on2n9 ;o* 2n$27te$ t5t t5ere :a4 4o,e $2a3o9*e a6o*t 5o: 2t :a4 2,+er,244263e to
7on$2t2on t5e 4ear75 6a4e$ *+on t5e ref*4a3 to 92#e 7on4ent for t5e 4ear75 to *4e ref*4a3 to 92#e
7on4ent a4 a 6a424 for t5e 4ear75"
T5o,a4 Front2no: Yo* are 7o,+3ete3; ,24*n$er4tan$2n9 :5at I 4a2$ t5en"
Za75 Co*9532n: 1e33 I :o*3$ 4a; Fof 7o*r4e I a,G 6e7a*4e ;o* 5a#e 92#en t5ree $2fferent
7ontra$27tor; an4:er4"
Hon" C*$9e Ho:ar$: 6e2n9 ar9*,entat2#e 3et 52, re4on$ to t5e 8*e4t2on 9o a5ea$"
T5o,a4 Front2no: 7an ;o* re+eat t5e 8*e4t2on"
Za75 Co*9532n: 7an ;o* eD+3a2n 5o: 2t 7o*3$ not 6e 7ontra$27tor; for ;o* to or292na33; te4t2f; t5at
6a42n9 t5e +er,2442632; of t5e 4era75 *+on fa23*re to 92#e 7on4entto t5e 4ear75 :a4 not $247*44e$ an$
t5en ;o* te4t2f2e$ t5at 24 :a4 $247*44e$ an$ t5en no: ;o* are te4t2f;2n9 t5at 2t :a4n0t $247*44e$M
Reno C2t; Attorne; Pa, Ro6ert4: o6Ee7$2on 7a334 for a 7on73*42on"
Hon" C*$9e Ho:ar$: $o ;o* *n$er4tan$"
T5o,a4 Front2no: I $on0t t52n> I $o"
Za75 Co*9532n: :a4 t5ere a $247*442on re3ate$ to :5et5er 2t :a4 233e9a3 to 6a4e t5e 4ear75 *+on a
fa23*re to 7on4ent to a 4ear75 an$ ;o* 4a2$ ;e4"
T5o,a4 Front2no: I :233 re4+on$ a4 6e4t I a, a63e to" Per5a+4 2t4 6e4t to 4tart :2t5 t5e; a4>e$ 2f t5e;
7o*3$ $o a :ea+on +at $o:n 4ear75 ;o* 7on4ente$ to t5at t5e; $2$ an o*t42$e +at $o:n" After ;o*
6e7a,e non 7o,+32ant an$ *n7oo+erat2#e :2t5 t5e 2n#e4t29at2on an$ a4>e$ for an attorne; ;o* :ere
+3a7e$ *n$er arre4t" T5e; arre4te$ ;o* +*t 5an$7*ff4 on ;o* :5ate#er t5e; $o t5e; t5en e,+t2e$
;o*r +o7>et4 a4 t5e; $o :2t5 e#er; ot5er +er4on t5e; +*t *n$er arre4t at :5275 t2,e :e t5en
re7o#ere$ ,ore 4to3en ,er75an$24e :5275 :a4 t5e 7o*95 $ro+4"""It :a4 at t5at t2,e t5at ;o* 4a2$ I
$2$n0t 7on4ent to a 4ear75 ;o*r 7an0t I """I $2$n0t 92#e ;o* 7on4ent to 4ear75 ,e"
Za75 Co*9532n: Do ;o* fee3 Mr" Front2no t5at e#er t2,e I +*t fort5 to ;o* t5e 2n7on424ten7; an$
7ontra$27$t2on4 2n ;o*r te4t2,on; t5at ;o* re4+on$ 6; ta3>2n9 a6o*t t52n94 t5at are 7o,+3ete3;
*nre3ate$"
T5o,a4 Front2no: No 6e7a*4e I 6e32e#e t5at04 7o,+3ete3; re3ate$"
Za75 Co*9532n: no: :5at $2$ ;o* te33 t5e +o327e :5en t5e; arr2#e$"
T5o,a4 Front2no: I to3$ t5e +o327e t5at I 5a$ 4to++e$ ;o* for 45o+32ft2n9 t5e 75o7o3ate 2te, 6*t t5at I
a34o 6e32e#e$ ;o* 5a$ 7o*95 $ro+4 on ;o*r +er4on 6*t t5at I a34o 6e32e#e$ ;o* 5a$ 7o*95 $ro+4 on
;o*r +er4on 6*t t5at ;o* 5a$ 9one 2nto t5e re4troo, 6*t t5at I $2$ not 5a#e +o42t2#e e#2$en7e t5at ;o*
4t233 5a$ 4o,e 2n ;o*r +o44e442on e#en t5o*95 ;o* 5a$ 7on4*,e$ 4o,e an$ $24+o4e$ of t5e
+a7>a92n9 to t5e,"
=5ere Front2no 7ontra$27$t4 52,4e3f fro, 4enten7e to 4enten7e" He $oe4n0t 5a#e +o42t2#e e#2$en7e of
t5e 7o*95 $ro+4 6e2n9 :5atM Po44e44e$ 7on4*,e$M B*t 6; t5e neDt 4enten7e 5e 24 atte4t2n9 t5at
Co*9532n 5a$ F7on4*,e$G 4o,e F$24+o4e$ of t5e +a7>a92n9 to t5e,G" So :5ere 1a3AMart +o327;
a++arent3; :on0t 3et Front2no $o 4o,et529 :2t5 t5e 6at5roo, Front2no atte,+t4 to 3e#era9e t5e
+o327e for7e to $o t5at :5275 524 e,+3o;er04 +o327; for62$4M
Za75 Co*9532n: 5a#e ;o* $247*44e$ ;o*r te4t2,on; 5er to$a; :2t5 t5e t:o In$2an Co3on; Off27er4M
T5o,a4 Front2no: No I 5a#e not"
Za75 Co*9532n: :5ere ;o* 42tt2n9 :2t5 t5e, for a6o*t an 5o*r 6efore 7o*rtM
T5o,a4 Front2no: +ro6a63; for a6o*t 5a3f an 5o*r =(:&@:(@)"
Za75 Co*9532n: 1ere ;o* 3a*952n9 an$ Eo>2n9 to9et5erM
T5o,a4 Front2no: Ye4 :e :ere"
- &%?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01483
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C:are ;o* 73o4e to or $o ;o* 5a#e a +er4ona3 re3at2on452+ :2t5 t5o4e off27er4M
T5o,a4 Front2no: No I $o not 6*t t5ere are #er; fe: tr26a63 +o327e off27er4 4o :e ten$ to :or> :2t5
t5e, fa2r3; re9*3ar3;
Za75 Co*9532n: o>a; 4o ;o*r te4t2,on; 24 5ere *n$er +ena3t; of +erE*r;"""I $on0t >no: :5; ;o* are
4,232n9 t5at4 not #er; f*nn; ;o* :o*3$n0t a++re7f2ate 9o2n9 2nto an o+erat2n9 roo,an$ 4ee2n9 a
4*r9eon Eo>2n9 aro*n$M
T5o,a4 Front2no: I 5a#e E*4t 6een re,2n$e$ 4e#era3 t2,e4"
Za75 Co*9532n: Yo*r te4t2,on; 5ere to$a; 24 t5at ;o* +ro#2$e$ 4tate,ent4 6ot5 ora3 an$ :r2tten to
t5e t:o In$2an Co3on; off27er4 fro, t5e t2,e t5e; arr2#e$ *nt23 t5e t2,e t5e; 3eft t5at ;o* personally
:2tne44e$ 4o,et52n9 :2t5 re9ar$ to t5e 7o*95 $ro+4" 1a4 ;o*r te4t2,on; t5at ;o* to3$ t5e off27er4
t5at ;o* +er4ona33; :2tne44e$ t5e a77*4e$ $o2n9 4o,et52n9 :2t5 t5e 7o*95 $ro+4M
Reno C2t; Attorne; Pa, Ro6ert4: a4>e$ an$ an4:ere$"
Hon" C*$9e Ho:ar$: S*4ta2ne$"
Za75 Co*9532n: 2n ;o*r :r2tten 4tate,ent :5at $2$ ;o* 2n$27ate :2t5 re4+e7t to t5e 7o*95 $ro+4M
H I $on0tre,e,6er 2f I 5a$ t5e 4tate,ent :2t5 ,e ,a;6e2 t :o*3$"
Za75 Co*9532n: :5en t5e +o327e arr2#e$ on t5e 47ene $2$ ;o* ,a>e 4tate,ent4 to t5e +o327e re9ar$2n9
+re#2o*4 2ntera7t2on4 :2t5 t5e a77*4e$M
T5o,a4 Front2no: I 6e32e#e I $2$ ,a>e t5e 4tate,ent4 t5at I 5a$ fo33o:e$ ;o* 2n t5at +a4t t5at I 5a$
4een ;o* 2n t5e +a4t 4e3e7t an$ 7on4*,e a +a7>a9e of MXM04 t5at ;o* 5a$ a 3on9 4tan$2n9 524tor;
:2t5 t5e 4tore t5at o*r ,ana9e,ent 5a$ a3rea$; :ante$ to 5a#e ;o* tre4+a44e$ 6*t 5a$ t5at far fa23e$
to 5a#e an o++rot*n2t; to $o 4o"
Za75 Co*9532n: 1a4 t5e rea4on t5e; :ante$ to 5a#e t5e a77*4e$ tre4+a44e$ 6a4e$ *+on a reta32ator;
,ot2#e 2n 7onE*n7t2on :2t5 t5e a77*4e$04 atte,+t4 to 5o3$ 1a3AMart to t5e Ret*rn Po327; :5275 24
2n7or+orate$ 2nto a33 4a3e4 t5e; ,a>e an$ :5275 24 73ear3; an$ eD+re443; $24+3a;e$ 6ot5 2n t5e 4tore4
an$ on 1a3AMart04 :e642te"
Reno C2t; Attorne; Pa, Ro6ert4: I a, 9o2n9 to o6Ee7t 7a334 for 52, to 4+e7*3ate 2nto t5e ,2n$4 of t5e
,ana9er4 a4 to :5; t5e; :ante$ to tre4+a44 52,"
Hon" C*$9e Ho:ar$: Do ;o* >no: an;t52n9 a6o*t t5atM
T5o,a4 Front2no: I 7an 4+ea> to 4o,e of 2t fro, ,; 42$e te75n27a33; t5ere are t:o $2fferent
o+erat2on4 2n t5e 4tore t5ere are o+erat2on4 t5at $ea3 :2t5 7*4to,er4 an$ t5ere 24 a44et +rote7t2on
:5275 :e are te75n27a33; f2e3$ a4o72ate4 4o :e 5a$ o*r o:n rea4on4 for :ant2n9 to 5a#e ;o*
tre4+a44e$ fro, t5e fa7232t; 6a4e$ *+on o*r o:n $ea32n94 :2t5 ;o* :e ,ean2n9 ,; ,ana9er Ant5on;
R27>er4on Sean :5o 24 anot5er a442tant ,ana9er :5o 24 a:are of ;o* A3o$2a :5o 24 anot5er
a4424tant ,ana9er :5o 429ne$ ;o*r tre4+a44 for,"
Za75 Co*9532n: 15en ;o* 4a; :e are ;o* E*4t referr2n9 to 2n$2#2$*a34 :5o :or> :2t5 ;o* 2n ;o*r
+art27*3ar AP 9ro*+ or 2n ;o*r +art27*3ar 1a3AMart 4toreM
T5o,a4 Front2no: 1e $o 7o,,*n27ate 6et:een 4tore4 #2a e,a23 :e a33 5a#e a77e44 to t5e 4a,e
$ata6a4e 7a33e$ a+24 A P I S"
Za75 Co*9532n: D2$ ;o* 7o,,*n27ate a6o*t ,e :2t5 ot5er 4tore4 or $2$ an;6o$; e34e at ;o*r 4toreM
T5o,a4 Front2no: not to ,; >no: >no:3e$9e"
C: 4o 2f t5e 1e4t '
t5
St" 1a3,art ,a$e a reta32ator; t5reat to t5e a77*4e$ 2n 7onE*n7t2on :2t5 t5e
a77*4e$ +o2nt2n9 o*t t5at t5e ,ana9er4 :5o 5a$ 6een t5ere for o#er ten ;ear4 4ee, to 7on#en2ent3;
Ffor9etG t5e Ret*rn Po327; :5ene#er t5e n*,6er4 $on0t :or> o*t 2n a :a; t5at ,a>e4 t5e, 5a++; 24
t5at 4o,et52n9 ;o* :o*3$ 5a#e ne#er 6een 2nfor,e$ of
Reno C2t; Attorne; Pa, Ro6ert4: o6Ee7t2on re3e#an7e
Hon" C*$9e Ho:ar$: :5at 24 t5e re3e#an7e of t524M
- @.?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01484
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Za75 Co*9532n: reta32ator; ,ot2#e 4+e72f27a33; for front2no or ot5er4 to 32e
T5o,a4 Front2no: I 9et +a2$"""
Hon" C*$9e Ho:ar$: Ho3$ on 5o3$ on" O6Ee7t2on 4*4ta2ne$" I 5a#e 92#en ;o* a 9reat $ea3 of 3at2t*$e"
1e 5a#e 5a$ t524 :2tne44 te4t2f; for o#er an 5o*r" 1e are 9o2n9 ot 9et t5ro*95 t524 tr2a3 ton92t5" T5e
7o*rt 5a4 a +ero9at2#e to eD+e$2te t524 +ro7ee$2n9" In t5e f*t*re 2f ;o* 2n8*2re 2nto ,atter4 t5at are
not re3e#ant :5et5er or not t5e 72t; o6Ee7t4 I a, 9o2n9 to 7*t ;o* off"
Za75 Co*9532n: are ;o* a:are t5at an a+ a44o72ate fro, 1a3,art ,a$e t5reat4 to t5e a77*4e$ t5at 5e
:o*3$ reta32ate a9a2n4t t5e; a77*4e$ for tr;2n9 to a44ert 524 r295t4 *n$er t5e Ret*rn Po327; t5at
1a3,art +*t4 fort5 to 7*4to,er4 6; 5a#2n9 52, 6anne$ fro, a33 :a3,art4 an$ or ,a3272o*43;
+ro4e7*te$"
T5o,a4 Front2no: no ot5er t5an +re#2o*4 to 7o*rt t5at 4e#era3 t52n94 :ere ,ent2one$ 6efore t5at no"
=(:@(:&' +,)
Za75 Co*9532n: 4o ;o* ne#er 7o,,*n27ate$ a6o*t t5e a77*4e$ :2t5 an; ot5er :a3,art"
T5o,a4 Front2no: :e $on0t 7o,,*n27ate $2re7t3; t5ro*95 A+24 2t4 42,+3; a $ata6a4e" I 5a#e ne#er
re7e2#e a +27t*re or an e,a23 a6o*t ;o*"
Za75 Co*9532n: 5a#e ;o* fe3t an; +re44*re fro, ;o*r ,ana9er4 to reta32ate a9a2n4t 4o,eone ,a;6e a
$o7*,entar; f23,,a>er :5o 24 2n#e4t29at2n9
Hon" C*$9e Ho:ar$: ;o* $on0t 5a#e to an4:er t5at 8*e4t2on t5at 24 2rre3#ant to t524 +ro7ee$2n9"
Anot5er 8*e4t2on"
Za75 Co*9532n: Do ;o* 6e32e#e ;o*r e,+3o;er reta32ate4 a9a2n4t 2n$2#2$*a34 :5o 452ne 3295t on t5e2r
e,+3o;er4 fa23*re to a62$e 6; t5e2r o:n Ret*rn Po327;M
Reno C2t; Attorne; Pa, Ro6ert4: o6Ee7t2on Re3e#ana7e
Hon" C*$9e Ho:ar$: 4*4ta2ne$"
Za75 Co*9532n: 4o t5e 244*e of :5et5er 524 e,+3o;er 24 +re44*r2n9 52, to reta32ate 24 not re3e#ant
Hon" C*$9e Ho:ar$: t5at4 r295t I $on0t f2n$ 2t re3e#ant a4> anot5er 8*e4t2onW
Za75 Co*9532n: 4o 4tan3e; 7*nn2n95a, :a4 on 6rea>M
T5o,a4 Front2no: ;e4 5e :a4 on 3*n75 6rea>"
Za75 Co*9532n: 4o r295t :5en t5e a77*4e 7a,e 2nto t5e 4tore ;o* 6e9an ta232n9 52, :a4 an;one
:at752n9 t5e f23,:523e ;o* :ere ta232n9M
T5o,a4 Front2no: no
Za75 Co*9532n: 4o no6o$;04 :at752n9 t5e #2$eo?f23,M 2t4 E*4t 6e2n9 re7or$e$M
T5o,a4 Front2no: 2t4 6e2n9 re7or$e$ 4o 2f 2t4 nee$ :e 7an 9o 6a7> to 2t an$ a78*2re 2t 2n 3ar9er 4tore4
:2t5 5295 t5eft t5at 5a#e +an t23t Loo, 7a,era4"
Hon" C*$9e Ho:ar$: 1e are E*4t 7on7erne$ :2t5 :5at 24 9o2n9 on 5ereW
T5o,a4 Front2no: o>a;"
Za75 Co*9532n: ;o*r 4tore $oe4 not 5a#e +an t23t Loo, 7a,era4M
T5o,a4 Front2no: no 42r"
Za75 Co*9532n: $2$ ;o* :at75 an; or atte,+t to :at75 an; #2$eo of :at75 ;o* a33e9e :a4 $one :2t5
t5e 7o*95 $ro+4M
T5o,a4 Front2no: no I $2$ not"
Za75 Co*9532n: :5; notM
T5o,a4 Front2no: 6e7a*4e I 9enera33; $on0t 6a4e$ *+on O<&".. $o33ar +ett; 3ar7en;"
Za75 Co*9532n: 6*t 2f ;o*r e,+3o;er 7o*3$ 9et 4*e$ for :ron9f*3 arre4t or $a,9e to one40
+rofe442ona3 re+*t2on 7o*3$nt 2t 6e7o,e 6299er 244*e t5n fo*rteen $o33ar +et2t 3ar7en;
Hon" C*$9e Ho:ar$: 5e 5a4 an4:ere$ t5e 8*e4t2on a4 to :5; 5e $2$ not re#2e: t5e #2$eo ta+e:
Za75 Co*9532n: an$ I a, a4>2n9 a fo33o: *+ 8*e4t2on"
- @<?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01485
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Hon" C*$9e Ho:ar$: a4> anot5er 8*e4t2onWOYYOZYOZW I a, not 9o2n9 to a33o: t5at 8*e4t2onW It 5a4
no re3e#an7eWWWZ[X\YYOZY
Za75 Co*9532n: $o ;o* 5a#e an; $*t; to a47erta2n :5et5er or not t5e a33e9at2on ;o* ,a>e an$
:5et5er an; arre4t4 ;o* ,a>e are 6a4e$ 2n fa7t or 4*++orte$ 6; a$,244263e e#2$en7e
T5o,a4 Front2no: a64o3*te3;"
,a!( Co$g(l"2 does t(at d$ty "ot "!l$de bot(er"g to loo- at t(e )deo9
T5o,a4 Front2no: 2t $2$ not 5a#e an;t52n9 to $o :2t5 6ot5er2n9 to 3oo> at t5e #2$eo 2t 5a$ to $o ,ore
:2t5 3oo>2n9 at t5e +3a7e4 :5ere I >ne: ;o* 5a$ 4e3e7te$ to 7on7ea3 2te,4 t5ere not 6e2n9 4+e72f27
#2$eo e#2$en7e $o:n t5o4e 243e4 be!a$se *e do"3t (a)e a lot of sl& "!de"ts " t(e !a"dy sle+
*al'art ele!ts "ot to &$t a )deo !a'era " t(at sles.
Za75 Co*9532n: :5ere $o ;o* a33e9e$ ea75 2te, :a4 4+e72f27a33; 4e3e7te$ o+ene$ an$ t5en
7on7ea3e$"
T5o,a4 Front2no: T5e 7an$; 2te, ;o* 4e3e7te$ o+ene$ an$ 7on4*,e$ :523e :a3>2n9 aro*n$ t5e
4tore"
Za75 Co*9532n: 2t :a4 4e3e7te$ fro, an en$7a+ ;o* 4a2$ fro, t5e 7an$; 243e
Reno C2t; Attorne; Pa, Ro6ert4: o6Ee7t2on t5at :a4 not 524 te4t2,on;"
Hon" C*$9e Ho:ar$: t5at :a4 not 524 te4t2,on;"
Za75 Co*9532n: I0, 4orr; 7o*3$ I"
Hon" C*$9e Ho:ar$: no 2t4 a4>e$ an$ an4:ere$ 2f ;o* $on0t re,e,6er 2t ;o* 7an re#2e: t5e
tran47r2+t 3ater" Go for:ar$ :2t5 anot5er 8*e4t2on"
Za75 Co*9532n: o5 I033 6e re#2e:2n9 t5e tran47r2+t 3ater" 15ere :a4 t5e 7an$; 6ar 4e3e7te$M
Reno C2t; Attorne; Pa, Ro6ert4: Yo*r Honor a4>e$ an$ an4:ere$"
T5o,a4 Front2no: 2n t5e 7an$; 243e"
Za75 Co*9532n: 4o not on an en$7a+ 6*t 4o,e:5ere :2t52n t5e 243e 2t4e3f"
T5o,a4 Front2no: Ye4"
Za75 Co*9532n: t5e 7an$; 6ar :a4" 1a4 2t"""an$ :5at 2te, :a4 t5atM Yo* 4a; 2t :a4 a 7an$; 6arM
T5o,a4 Front2no: It :a4 a""";e4 2t :a4 a 75o7o3ate 2te, I 6e32e#e"""I 6e32e#e 2t 5a$ 7ara,e3 2n42$e 2t I
$2$n0t 2n4+e7t 2t 2t 5a$ a3rea$; 6een 7on4*,e$" I 5a#e a +27t*re of t5e :ra++er"
Za75 Co*9532n: an$ :e 5a#e a n*,6er for 2t a n*,6er for t5e 6ar 7o$e
T5o,a4 Front2no: t5e UPC ;e4 t5e 6ar 7o$e t5e n*,6er on t5e re7e2+t ;e4 t5at04 7orre7t"
Za75 Co*9532n: :o*3$ 2t 6e 7orre7t to 4a; on t5e re7e2+t 2t4 t5e t52r$ 2te, $o:n ,a9n$637r,3 n*,6er
..''@-'<(B/B
F: Ye4 t5at 24 7orre7t
C: o>a; 6*t ;o* $on0t >no: :5at eDa7t 2te, t5at 24"
F: U, 2t4 t5e 2te, t5at I 5a#e a +27t*re of r295t 5ere 6a4e$ *+on t5e UPC 7o$e *4*a33; I 7an $247ern
t5e,
C: He04 not enter2n9 t5at 2nto e#2$en7e at t524 +o2nt I $on0t 6e32e#e 4o I $on0t >no: 2f t5e Co*rt04
a77e+t2n9 2t
HK 2t 5a4n0t 6een offere$ ;et]
7: t5e 6a232ff too> 2t fro, t5e :2tne44 an$ 9a#e 2t to t5e E*$9e I033 note for t5e re7or$
f: no 5e 5a4 t5e re7e2+t
r: no 5e $2$n0t t5at04 not t5e 7orre7t re7or$ t5e $o7*,ent t5e C*$9e 5a4 24 ED5262t <"
C: H5 I0, 4orr; t5at :a4 not t5e +27t*re ,; ,24ta>e I0, 4orr; ;o* :ere ta3>2n9 a6o*t t5e +27t*re 4o
2t 4ee,e$ ;o* :ere
F: no 2t :a4 not t5e +27t*re
(:@%:@@
- @B?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01486
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&:..:.. +","
Za75 Co*9532n: o>a; 4o t524 :a4 ta>en fro, 4o,e:5ere 2n t5e ,2$$3e of t5e 7an$; 243e ;o*
+er4ona33; :2tne44e$ t5at r295t ;o* E*4t te4t2f2e$ to t5at 7orre7tM
T5o,a4 Front2no: t5at ;o* too> 2t fro, t5e 7an$; 243e ;e4 I 7o*3$n0t te33 ;o* 5o: far $o:n eDa7t3; I
$2$n0t +a7e 2t o*t"
Za75 Co*9532n: O5"""6*t o5"""o>a;""";o* 4a2$ ;o* F+er4ona33; e;e :2tne44e$G t524
T5o,a4 Front2no: ;e4 6*t I $on0t ta>e ,ea4*r2n9 ta+e4 after:or$4""""or"""
C:o>a; 6*t 9enera33; ;o* 7o*3$ 4a; Fr295t on t5e e$9e of t5e 243eG or F4o,e:5ere 73o4er to 5a3f :a;G"
So,et52n9 32>e t5at r295tM Be7a*4e ;o*""";o* are te332n9 *4"""
Hon" C*$9e Ho:ar$: $o ;o* >no: eDa7t3; :5ere 2t :a4M =&:..:(()
T5o,a4 Front2no: Ye4 I $o"""2t :a4 fro,""""2t :a4 fro,"""t5e 7an$; 243e"
Za75 Co*9532n: o>a; 6*t 2t4 not a6o*t F:5ere 2t4 fro,G""":er0re 4a;2n9 *n$er +ena3t; of +erE*r; ;o*
are 4a;2n9 t5at ;o* F+er4ona33; e;e :2tne44e$G t5e
Hon" C*$9e Ho:ar$: 24 t5ere a 8*e4t2onM
Za75 Co*9532n: ;ea5"
Hon" C*$9e Ho:ar$: :5ere 24 2tM
Za75 Co*9532n: I :ant to #er2f; :5ere $2$ 5e +er4ona33; e;e :2tne44 2t"
T5o,a4 Front2no: I :a4 4tan$2n9 at t5e en$ of t5e 243e an$ ;o* 4e3e7te$ 2t"
Za75 Co*9532n: :a4 I 4tan$2n9 r295t neDt to ;o*M
T5o,a4 Front2no: Of 7o*r4e not"
Za75 Co*9532n: o>a; t5en :e33 7o*3$ ;o* +3ea4e 6e a 32tt3e ,ore 4+e72f27"
Hon" C*$9e Ho:ar$: Co*3$ ;o* 6e ,ore 4+e72f27 a4 to :5ere 5e +27>e$ *+ t5e 2te,M
T5o,a4 Front2no: A33 of o*r"""I 6e32e#e 2t :a4 one of o*r n27er 75o7o3ate4 2t :a4n0t a Sn27>er4 or
an;t52n9 an$ 2t :a4 4e3e7te$ 2n t5at f2r4t & to / foot 4e7t2on 6e7a*4e ea75 4e7t2on 2t4e3f 24 fo*r feet 4o
2t :a4 4e3e7te$ fro, 2n t5ere"
Za75 Co*9532n: fro, t5e 7an$; 243eM
T5o,a4 Front2no: Ye4 ;o* 4e3e7te$ 4e#era3 2te,4 fro, t5e 7an$; 243e 4o,e of :5275 ;o* +*r75a4e$
4o,e of :5275 ;o* 3eft at t5e 7a45 re924ter"
Za75 Co*9532n: An$ ;o* are 4a;2n9 ;o* t5en 4a: ,e"""t5at +art27*3ar 2te, :5o4e 6ar 7o$e :5oe
6ar7o$e :e E*4t entere$ 2nto t5e re7or$ ;o* 4a: ,e o+en t5at an$ t5en 7on4*,e 2t"
T5o,a4 Front2no: I a, 4a;2n9 ;e4 I 4a: ;o* o+en 2t an$ 7on4*,e 2t" Yo* 5a$ a 4ta7> =&:.<:(@ +","K
Front2no 4tart4 to rea32Le 524 24 tota33; effe$ 5ere) of""""of""""7an$; 6ar4 an$ ot5er foo$ 2te,4 t5at ;o*
4e3e7te$ a 6*n75 of 2te,4 an$ +*t t5e, 2n ;o*r 7art an$ t5en ;o*"""" t5en""""4*,65""""
=:2;12:: &' Fro"t"o tr&s all o)er (s t(o$g(ts a"d *ords a"d $tters so'e .$as *ord *(le (e
tres to t("- (s *ay o$t of t(e s(t&" (e 7$st *al-ed ('self "to<
"""t 4e3e7te$ t5at one 2te, o*t of ;o*r 7ar an$ ;o* o+ene$ 2t an$ 7on4*,e$"
=&:.<:&% +,)
Za75 Co*9532n: O>a; an$ 2f t5at 2te, 24 a refrigerated 2te, :o*3$ 2t ,a>e an; 4en4e for 2t to 6e 2n
t5e 7an$; 243e :5ere t5ere 24 no refr29erat2onM
=&:.<:@/ +,)
T5o,a4 Front2no: T5ere"""t5ere 24 on t5e en$7a+" =O0+ GREAT /O%NT FRONT%NO+ TR6 TO
#R%NG T0E OL= EN=CA/ #AC> %NTO NO? T0AT 6OU NA%LE= 6OURSELF %NTO
T0E F%RST : #6 @ FOOT SECT%ON S/EC%F%C%T6 6OU REAC0E= FOR
EARL%ERA<...t5at t5at""""t5at"""t5at04 ,; +o2nt""";o* 4e3e7te$ a 3ot of 2te,4 an$ +*t t5e, a33 $o:n"
- @(?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01487
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Za75 Co*9532n: B*t ;o*r te4t2,on; *n$er oat5 *n$er +ena3t; of +erE*r; :a4 t5at ;o* 4a: t5e a77*4e$
ta>e t5at +art27*3ar 2te, not from the endcap 6*t fro, t5e f2r4t & to / foot 4e7t2on of t5e 7an$; 243e
:5275 24 not refr29erate$ r295tM
T5o,a4 Front2no: Corre7t"
Za75 Co*9532n: So 2f t5at 2te, 2f :e +*33e$ *+ t5at 2te, an$ t5at 6ar 7o$e an$ 2t4 45o:4 2t4 a
refr29erate$ 27e 7rea, 75o7o3ate 7ara,e3 7onfe7t2on :o*3$ t5at 2n$27ate ;o* :ere 2na77*rate 2n :5at
;o* :ere te332n9 t5e 7o*rtM
T5o,a4 Front2no: Yo* 7o*3$ 5a#e ea423; +27>e$ 2t *+ fro, t5e 7an$; 243eM
B:2;22:5 &.'.+ (ear Fro"t"o3s ly"g )o!e !ra!- *(e" (e says t(e *ord 4sle5+ "ot e)e" able to
s$''o"s a (alf*ay !o")"!"g del)ery of (s sad atte'&t to !ra*l o$t of t(e .$!-sa"d<
Za75 Co*9532n: T5e ice cream bar fro, t5e candy isleM 1o*3$n0t 2t 6e ,e3te$ :o*3$n0t ;o* t52n>M
If 2t 5$ 6een 42tt2n0 t5ere 2n t5e 7n$; 243eM
Hon" C*$9e Ho:ar$: I4 t5at a 8*e4t2onM I4 t5at ;o*r 8*e4t2onM
Za75 Co*9532n: I a, a4>2n9 $oe4 t5at ,a>e 4en4e to ;o* 2f t524 2te, 2f 2t 24 e4ta63245e$ t524""
T5o,a4 Front2no: I a, 4a;2n9 ;o* 4e3e7te$"""
Za75 Co*9532n: I a, not f2n245e$ :2t5 ,; 8*e4t2on S2r"
Hon" C*$9e Ho:ar$: Yo* are f2n245e$W Yo*0re $oneW Go a5ea$ an$ re4+on$"
T5o,a4 Front2no: I a, 4a;2n9 ;o* 4e3e7te$ 4e#era3 2te,4 an$ +3a7e$ t5e, a33 2nto t5e 7art *,""";e4 I
,a; 5a#e 6een ,24ta>en 6e7a*4e ;o* +3a7e$ t5e, a33 2nto t5e 7art an$ t5en ;o* $2$ not +ro7ee$ to
$2re7t3; o+en t5e +a7>a9e after ;o* 4e3e7te$ 2t ;o* +*t 2t 2nto t5e 7art an$ 4e3e7te$ 2t fro, #ar2o*4
ot5er 2te,4 t5at :ere +*t 2nto t5e 7art"
Za75 Co*9532n: So 2f t5at 2te, :a4 an 27e 7rea, 6ar t5at :o*3$ ,e3t 2f 2t :a4n0t refr29erate$ an$ 2t
:a4 4e3e7te$ :5ere ;o* 4a; 2t :a4 4e3e7te$"""t5at :o*3$ 6e 4o,e:5at *n*4*a3 :o*3$n0t 2t for a
refr29erate$ 2te, to 6e 4e3e7te$ fro, an 243e t5at $oe4n0t 5a#e refr29erat2onM
=&:.(:@. +",")
F: to 6e 7o,+3ete3; 5one4tM At a 1a3,artM No no 2t :o*3$n0t 6e t5at *n*4*a3"
=&:.&:<B +",")
Za75 Co*9532n: 1o*3$ 2t 6e +o44263e to re#2e: t5e #2$eo fro, t5at $ate 2n 8*e4t2on an$ t5e 243e 2n
8*e4t2on to 4ee 2f t5e 2te, 2n 8*e4t2on"""
T5o,a4 Front2no: T5ere are no #2$eo e#2$en7e of an; of t5e refr29erate$ 243e4 or t5e 7an$; 243e
5o:e#er +er 1a3,art +o327; ;o* :o*3$ 5a#e 5a$ to 4*6+oena t5at 2nfor,at2on"
Za75 Co*9532n: An$ t5e 32t29at2on 5o3$ not27e I +3a7e$ ;o* on at t5e t2,e of t5e arre4tM Yo* $2$n0t
re4+on$ to t5atM
T5o,a4 Front2no: 1e33 *5""I """I $on0t >no: of a 32t29at2on 5o3$ not27eM
Za75 Co*9532n: 15ere2n ;o* :ere 2nfor,e$ of ;o*r $*t; to ,a2nta2n""""
T5o,a4 Front2no: I :a4 ne#er 2nfor,e$:
Reno C2t; Attorne; Pa, Ro6ert4: O6Ee7t2on Yo*r Honor" T524 24 an A"P"A" T5at $oe4n0t >no:"""
Hon" C*$9e Ho:ar$: S*4ta2ne$ 4*4ta2ne$" Ye4 9o for:ar$ anot5er 8*e4t2on"
Za75 Co*9532n: So""";o*"""$e4tro;e$ a33 t5e #2$eo e#2$en7eM
T5o,a4 Front2no: No I $2$ not $e4tro; t5e e#2$en7e 2t 24 a*to,at27a33; re7or$e$ o#er after 4e#era3
,ont54"
Za75 Co*9532n: 5a4 2t 6een 4e#era3 ,ont54M
- @&?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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T5o,a4 Front2no: I :o*3$ 5a#e to 75e7> 6a7> :2t5 ,; 4tore to 4ee 2t4 4t233 on t5ere or not 2t
a*to,at27a33; after t2,e re7or$4 o#er 2t4e3f
Za75 Co*9532n: P3ea4e $o an$ I :233 note for t5e re7or$ t5at I a, 5ere6; 2nfor,2n9 ;o* an$
re8*e4t2n9"""
Hon" C*$9e Ho:ar$: A4> anot5er 8*e4t2onW A4> anot5er 8*e4t2onWWW
Za75 Co*9532n: So ;o* $on0t >no: :5et5er""";o* are 4a;2n9 t5ere are no 7a,era4 a6o#e t5e 7an$;
243eM
Hon" C*$9e Ho:ar$: A4>e$ an$ an4:ere$W
Za75 Co*9532n: O>a;" I4 t5ere 4o,et52n9 t5at 3oo>4 32>e a 7a,era a6o#e t5e 7an$; 243eM
F: I 6e32e#e t5ere ,295t 6e one at t5e a7t2on a33; 6*t I 7an0t 6e 4*re t5at t5ere 24" T5ere 24 anot5er one
t5at a7t*a33; +o2nt4 to:ar$ t5e ,eat $e+art,ent 6*t not $o:n to:ar$4 t5e 7an$; 243e
C: $2$ ;o* ,a>e an; atte,+t to a47erta2n :5et5er or not an; of t5e4e 4e3e7t2n9 o+en2n9 or
7on7ea32n9 a7t4 :ere 7a*95t on ta+eM
F: I $2$ 3oo> 22n t5e 4o$a 243e to 4ee 2f I 7o*3$ 4ee ;o* t5ro:2n9 an$ o+en2n9 an$ t5ro:2n9 a:a; t5e
7o9*5 $ro+ +a7>a9e an$ t5ere :a: not #2$eo t5ere t5e ot5er +a7>a9e ;o* t5re: a:a; 2n t5e 7an$;
243e an$ t5ere04 not #2$eo t5ere"
C: t5ere04 not #2$eo t5ereM
F: 7orre7t
7: ,ean2n9M
F: t5ere"""no"""#2$eo"""t5ere"
C: o>a; 4o ;o*r 4a;2n9 2t4 not a 7a4e of t5ere04 #2$eo 6*t 2t $oe4n0t 45o: an;t52n9 2t4 a ,atter of
t5ere04 E*4t +3a2n no #2$eo
f: 7orre7t t5ere04 not an 2,a9e of t5at area t5at re7or$e$"
C: 4o ;o*r 4tore $oe4n0t re7or$ t5e 7an$; 243eM
&:.-:&B
H: A4>e$ an$ an4:ere$" He04 te4t2f2e$ re+eate$3; t5at t5ere04 no #2$eo on t5e 7an$; 243e a4> anot5er
8*e4t2on"
C: :5at are t5o4e t52n94 on t5e 7e232n9 at 1a3,art t5at 3oo> 32>e 32>e *5 I ,ean"""I a3:a;4 a44*,e$
t5e; :ere 7a,era4"""t5e; are 32>e t5e4e 32tt3e ro*n$ or64 :2t5 a >2n$ of 32tt3e 63a7> +*+23 t;+e 3oo>
4*rro*n$e$ 6; ,a;6e a :52te +3a4t27 r2n9 an$ t5e; are 2nter4+er4e$ a33 t5ro*95o*t t5e 4tore t5e;
:o*3$ 4ee, 7o33o8*a33; 4*r#e233an7e #2$eo ,o4t +eo+3e t52n> or 3o44 +re#ent2on 7a,era4M 15at are
t5o4e t52n94 t5ere are ro6a63; 4e#era3 5*n$re$ t5ro*95o*t 1a3,art
FK t5o4e are #2$eo 7a,era4 for t5e 6etter +art"""4o,e 4tore4 5a#e fa34e 7a,era4 t5at are 42,+3; t5e
+*+23 a4 ;o* $e47r26e$""*,""
7 $oe4 ;o*r 4tore
f ,; 4tore I $o not 6e32e#e 5a4 an; fa34e 7a,era4
7 4o 2f t5er04 7a,era4 a++roD2,ate3; e#er; 243e
r o6Ee7t2on t5ere4 no te4t2,on; t5at t5ere 7a,era4 a++roD2,ate3; e#er; 243e
5 2033 a33o: t5e 8*e4t2on 9o a5ea$
7K 24 t5ere 7a,era4 E*4t a6o*t ao#e e#er; 243e
f a4 I 5a#e 4a2$ 6efore no +rett; ,*75 $o:n t5e net2re 9ro7er; 243e t5ere 24 not one 7a,era 452n9
$o:n an; of t5e a7t*a3 243e4 t5at; 5a#e t5e ,eat $e+art,ent +ro$*7e $e32 an$ a37o5o3" Ot5er t5an t5at
t5ere 24 not a 7a,era 2n an; of t5e 9ro7er; 243e40" 1e 5a#e 7a,era44 452n2n9 $o:n t5e a7t2on a332e4 4o
on t5e 42$e4 6*t non of t5e, 452n$ $o:n t5e 243e4
7 o>a; 4o"""$o an; of t5e4e tra45 7an4"""are an; of t5e,""";o* a33e9e$ 4o,et52n9 :2t5 re9ar$ to t5e
tra45 7an4 an$ t5e 7o*95 $ro+4 24 t5at 7orre7t
- @@?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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f: ;e4 ;o* t5ro*95 t5e +a7>a92n9 to t5e 7o*95 $ro+4 2nto t:o 4e+arate tra45 7an4"
Z an$ ;o*r0re 4a;2n9 :2t5 re9ar$ to t5e 7o*95 $ro+4 24 2t a77*rate to 4a; t5at ;o* te4t2f2e$ t5at ;o*
+er4ona33; :2tne44e$ t5e a77*4e$ 4e3e7t t5e 7o*95 $ro+4 fro, 4o,e +o2nt 2n t5e 4toreM
F ;e4 ;o* 4e3e7te$ t5e, fro, t5e 45e3f 2n t5e +5ar,a7; $e+art,ent
7 :5ere""":5ere a6o*t4 24 t5at
f *, 2t :a4 7o3$ ,e$272ne 2t :a4 2n t5e 7o3$ ,e$272ne +art of +5ar,a7; 2t4 a7t*a33; t5e f2r4t 243e 2n
+5ar,a7; r295t +a4t t5e 243e :2t5 fe,2ne 5;9e2ne an$ 7on$o,4 on t5e r295t on t5e r295t 42$e on t5e
r295t 42$e of t5e 243e :e 5a#e a33 of o*r 7o*95 $ro+4 an$ 7o3$ ,e$272ne" T5at 24 :5ere ;o* 4e3e7te$
t5e 7o*95 $ro+4 fro,"
C $oe4 2t 4ee, 7 *r2o*4 to ;o* t5at ;o*r 4tore a++ear4 to 5a#e a 7o*+3e 5*n$re$ 7a,era4 2nter4+er4e$
t5oro*95t 2t ;et ne2t5er ;o* nor ;o*r e,+3o;er 5a#e ,ana9e$ to 9at5er an; of t5e #2$eo e#2$en7e
:5275 ,295t 4*++ort ;o*r te4t2,on;M
F no for t5e 4a,e rea4on t5at I 9a#e ear32er :e $on0t 9enera33; 7o,+323e #2$eo e#2$en7e on 4*75 a
,2nor 2n72$ent an$ 2n72$ent :e :o*3$n0t 5a#e e#en 7a33e$ t5e +o327e 5a$ ;o* 7oo+erate$ :2t5"""2t4
t5at ,2nor
7: are ;o* 4a;2n9 ;o* 7on$2t2one$ ;o*r 7a332n9 t5e +o327e 6a4e$ *+on a 3a7> of 7oo+erat2on
f ;e4 I a,
f 4*75 a4M
F not 7oo+erat2n9
7: 6*t 7o*3$ ;o* 6e ,ore 4+e72f27a33;f I 5a$ $eta2ne$ ;o* for 45o+32ft2n9 ;o* ,a2nta2ne$ ;or*
2nno7en7e :5275 24 a77e+ta63e 5o:e#er :2t5o*t 2nfor,at2on to +*r4*e o*r 7a4e a9a2n4t ;o* :e 5a#e
to a34o 7a33 +o327e 4o t5at t5e; 7an a4424t *4"
BAro$"d :21;255 Fro"t"o tres to say t(e *o$ld"3t (a)e !alled t(e !o&s f s$s&e!t (ad
!oo&erated+ b$t t(e" (e def"es !oo&erat"g % a *ay t(at e"ables *al'art to &ro!eed *t( t(er
ase aga"st o"e a"d 'e"to"s t(at t(ey *o$ld !all t(e &ol!e to a!!o'&ls( t(at...'ore
!o"trad!tory st$ff. So+ *(!( s t+ Fro"t"o9 ?o$ld yo$ (a)e let t(e s$s&e!t go f (e (ad
&ro)ded t(e 4"for'ato"5 yo$ desred a"d 4!oo&erated5 or dd yo$ "eed to 4"for'ato"5
a"d 4!oo&erato"5 to 4&$rs$e yo$r !ase aga"st t(e a!!$sed59 Tal-"g o$t fo (s ass aga".<
! yo$r test'o"y s t(at t(e a!!$sed 'ade so'e state'e"ts 'a"ta"g (s ""o!e"!e9 %s t(at
!orre!t9
F yes+ t(ats !orre!t9
FC yes t(at3s !orre!t9
C s t(at !o"sste"t *t( yor$ *rtte" state'e"ts
f2 % do"3t -"o* *(ats " 'y... *o$ld (a)e to loo- at 'y *rtte" state'e"t+ % do"3t -"o* f % &$t
t(at " 'y *rtte" state'e"t or "ot.
C a"d yo$r say"g.. so'e+ $(+ ot(er !a"dy te's *ere sele!ted a"d &$r!(ased
f !orre!t
! do yo$ (a)e t(e re!e&t of t(e te's t(at *ere &$r!(ase
fC "o % do "ot.
CC dd yo$ e)er (a)e t
f "o+ t s stll " t(e *al'art3s database.
C *ere yo$ able to )erfy *(et(er or "ot t(ose ot(er te's *ere &$r!(ased9 T(ose ot(er !a"dy
te's or *(et(er " fa!t t(e re!e&t (as ot(er !a"dy te's
f *e *at!(ed yo$ rg" $& all of yo$r te's+ at "o t'e dd yo$ &rese"t...
- @-?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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! *(o s *e9
F Sta"ley C$"""g(a' a"d %+ be!a$se Sta"ley..by t(e t'e yo$ *ere at t(e regster+ Sta"ley *as
"o* *t( 'e to 'a-e o$r a&&re(e"so" be!a$se as &ol!y *e (a)e t*o &eo&le 4o a4 5e 7a,e 6a7>
fro, 3*n75 ;o* :ere at t5e re924ter a"d (e *as *t( 'e. So &er(a&s t better f % say % *t"essed
yo$r tra"sa!to"
! t(e tr$t( s best+ so rat(er t(a" say"g 4yo$ a"d Sta"ley5 t(e !(a""g t to 4%5+ 7$st say t(e
tr$t(.
0 Mr. Co$g(l" % (a)e re&eatedly ad)sed yo$ aga"st arg$"g *t( t(e *t"ess. Ma-g" t(e
fa!al e8&resso"s *(!( yo$ 7$st dd+ *(!( yo$ &re)o$sly !(astDed Mr. Fro"t"o for. % a'
go"g to o"!e aga" ad'o"s( yo$ a"d *ar" yo$ aga"st s$!( f$rt(er a!to"s. % (a)e do"e so
re&eatedly. Go for*ard.
C 6es+ sr
0C *t( !$ato"
! Mr. Fro"t"o t see's to 'e t(at yo$ (a)e 7$st testfed t(at yo$ a"d Mr. C$"""g(a'
*t"essed t(e a!!$sed r"g $& t(e te's a"d t(e" yo$ !(a"ged yo$r test'o"y to "d!ate t(at
Mr. C$"""g(a' *as a!td$ally "ot t(ere to *t"ess t(at.
RC ob7e!to" t(ats "ot *(at (e testfed to 6o$ 0o"or
f2 t(ats "ot *(at % a' say"g %3' say"g % !a""ot s&ea- to *(at (e sa* e)e" t(o$g( (e *as
sta"d"g "e8t to 'e *at!("g yo$
! dd yo$ dd yo$ 7$st say
fC b$t (e s "ot (ere to say t(at so % *ll say t(at % *t"essed yo$
! *ell dd yo$ 7$st testfy t(at (e *as"3t ba!- fro' brea- yet9 Fro' l$"!(9
f "o t(at s "ot *(at % testfed. % testfed t(at (e *as ba!- fro' brea- at t(e t'e yo$ *ere at
t(e regster.
C so *(e" yo$ sad &er(a&s t better f % 7$st say 4% *t"essed5+ *(y dd yo$ 'a-e t(at
state'e"t9
F be!a$se % *as ass$'"g t(at yo$ *ere go"g to aga" .$esto" 'e abo$t t(e $s"g 4*e5
be!a$se % !a"3t s&ea- for 4*e5
! o-ay a" dyo$ dd"3t 'a-e a"y state'e"t to t(e effe!dt t(at yo$ s(o$ld o"ly say 4%5 be!a$se
Mr. C$"""g(a' (ad "ot a!t$ally ret$r"ed fro' l$"!( yet9
F "o % dd "ot 'a-e t(at state'e"t.
C a"d f *e re)e*ed t(e ta&e t(at *o"3t be s(o*"9 T(e ta&e of t(s (ear"g9
r ob7e!to"+ % do"3t $"dersta"d t(e .$esto"able
( % do"3t $"dersta"d et(er. S$sta"ed. As- a"ot(er .$esto".
C so *(ere dd yo$ see t(e !o$g( dro&s9 6o$ say yo$ sa* t(e' sele!ted " t(e &(ar'a!y sle9
F !orre!t
! t(e" at *(at &o"t dd yo$ see t(e'...*(ere yo$ &erso"ally *t"essed t(e' be"g o&e"ed9
F yo$ o&e"ed o"e te' " t(e !a"dy sle a"d ds!arded t(e &a!-age a"d yo$ o&e"ed t(e se!o"d
&a!-age " t(e soda sle a"d ds!arded t(e &a!-age.
C so *as t a !ase of o&e""g t(e &a!-age a"d ds!ard"g t rg(t a*ay9
F o" bot( !ases yo$ dd "ot o&e" t(e' bot( at t(e sa'e t'e. 6o$ o&e"ed o"e " t(e bas-et
ds!arded t(e &a!-age+ yo$ &rete"ded to blo* yo$r "ose *t( t(e &a&er to*el t(at *as abo)e
t(e garbage !a"+ &$lled do*" t(e &a&er to*el+ yo$ t(e" &$t t(e &a!-age "sde t(e &a&er to*el
a"d t(e" &la!ed bot( te's toget(er t(e &a&er to*el !o"!eal"g t(e !o$g( dro& &a!-age "to t(e
garbage !a".
C a"d yo$ &erso"ally *t"essed t(s9
- @'?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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F % &erso"ally *t"essed t(s
! "ot o" )deo...b$t *t( yo$r o*" eyes9
F *t( 'y o*" eyes.
C (o* !lose *ere yo$9
F at t(at &o"t % *as sta"d"g o" t(e e"d!a& a"d yo$ *ere sta"d"g 7$st "sde t(e sle
! "d t(s *o$ld be t(e !a"dy sle9
F2 so (o* 'a"y feet a*ay *o$ld yo$ say yo$ *ere
f A fe* feet 'aybe...
! % do"3t -"o* *(at a fe* feet 'ea"s+ does t(at 'ea" less t(a" te" *o$ld yo$ say9
F def"tely less t(a" te" t *as &robably so'e*(ere aro$"d E.
! yo$ *ere t(ree feet a*ay+ yo$ *ere at t(e e"d!a& a"d t(e a!!$sed *as *(ere9
f % *as at t(e e"d!a& a"d *ere 7$st "sde t(e sle at t(e garbage !a". ?o$ld yo$ l-e...$(.
C a"d yo$ *ere"3t obs!$red " a"y *ay9
F "o % *as "ot
! yo$ *ere " &la" sg(t
f $(+ % *as (d"g+ % *as "ot sta"d"g "e8t to t(e garbage !a".
C o-ay+ so yo$ sad yo$ *ere "ot obs!$red a"d t(e" yo$ sad yo$ *ere (d"g
f 'y l"e of sg(t *as "ot obs!$red+ 'y body *as obs!$red fro' yo$r )so"
! o-ay+ a"d (o* s t(at &ossble *as t(ere so'e (ole " t(e sle yo$ &eered t(ro$g(
f t(eres+ t(eres t(e e"d!a&s t(at (a)e s(el)es so *(at *e *ll do s *e *ll et(er !ro$!( do*"
or *e *ll sta"d stall a"d loo- *(ere)er *e "eed to loo- t(ro$g( t(e ga& a"d *e get !lose
e"o$g( to t a"d t(e &ro&s " t(e s(el)es do"3t obs!$re o$r )so" at all a"d alls t(e &eo&le t(at
*ere really loo-"g for $s t(ey *o$ld see s o$r eyes+ b$t t(at3s f t(ey *ere really loo-"g for
$s.
C so t(ere3s "o &rod$!ts o" t(e s(el)es t(at *o$ld '&ede yo$r )e* of t(at9
F t(ere are &rod$!ts o" t(e s(el)es a"d t(ere are t'es *(e" t(ere are &rod$!ts t(at !o$ld
obs!$re o$r )so"+ (o*e)er+ *e do"3t !(oose t(ose sles...*e do"3t !(oose t(ose e"d!a&s to loo-
t(ro$g( as t obs!$res o$r )so"
! *ell are t(ere st$ato"s *(ere yo$ do"3t (a)e a !(o!e *t( res&e!t to *(!( e"d!a& yo$ loo-
t(ro$g(
f No.
! so+ (o* s t(at &ossble+ are yo$ able to arra"ge *(ere &eo&le ta-e t("gs
f ?e s'&ly do "ot !at!( e)eryo"e.
C2 a"d yo$ say t(ere *as "o atte'&t 'ade to &ay for t(e !(o!olate bar or t(e !o$g( dro&s9
F2 !orre!t9
C2 A"d (o* *ere yo$ able to as!erta" t(at9
F 6o$ dd "ot atte'&t to &ay for t(e'+ yo$ !o"!ealed t(e te's...t(e &a!-ag"g t(at (ad t(e
U/C3s " garbage !a"s+ yo$ also !o"!ealed t(e &a!-ag"g to t(e *ra&&er $"der"eat( !art
sa"tDer *&es " t(e !or"er of yo$r !art.
C dd yo$ (ear a"y ds!$sso"s bet*ee" t(e !as(er a"d t(e a!!$sed9
F No+ % dd "ot.
C =d a"ybody t(at yo$ -"o* of at ?al'art
R 6o$r 0o"or+ !alls for s&e!$lato"
0 t(at yo$ -"o* of
f T(at % -"o* of9 No.
- @/?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01492
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C =d yo$ 'a-e a"y efforts to as!erta" *(et(er t(e a!!$sed a"d t(e !as(er (ad a"y
ds!$sso"s *t( res&e!t to t(e te's
f No
! %s t(ere e)er a st$ato" *(ere a" "d)d$al at ?al'art sele!ts a"d te' a"d ts da'age or
so'et("g s *ro"g *t( t a"d t(ey do"3t &$r!(ase t9
F 6ea(+ b$t t(ey do"3t eat t also.
C %s t(ere e)er a st$ato" *(ere so'eo"e ta-es a bte of so'et("g a"d f"ds t tastes bad or
'aybe a" Od*alla dr"- (as a rotte" taste to t
0 *(at s t(e rele)a"!e of t(e .$esto"9
C ?ell+ Mr. Fro"t"o s assert"g t(at t(s te's *ere o&e"ed.
0 %t *as a &a!-age...dd yo$ "d!ate a" 4ol)e59
C2 No+ % *as referr"g to *(at (e3s...
0 *(at te' *ere yo$ referr"g to " yo$r .$esto" s&e!f!ally+ *(at *as t9
C All. all t(ree te's... t(e !o$g( dro&s a"d t(e !a"dy bar *(!(...or *(at Mr. Fro"t"o !alls
t(e 4!a"dy bar5 *(!(+ % bele)e t(e U/C a!t$ally re)eals s a refrgerated te'.
0 ?(at s t(e rele)a"!e to yo$r ".$ry
C *ell " order to establs( all t(e ele'e"ts of t(e !(arge+ o"e s 4"te"t5.
0 %"te"t9
C 6es+ a"d f t(ere s "ot a" "te"t...
0 0o* do t(ose ot(er st$ato"s relate to *(et(er yo$ "te"ded to !o"!eal+ !o"s$'e t(e te's "
.$esto" (ere9
C % a' as-"g Mr. Fro"t"o *(at (e does to as!erta" *(et(er or "ot t(ere *as+ " fa!t+ t(e
re.$ste "te"t or *(et(er or "ot so'eo"e *(o s a!!$sed of t(ese !r'es 'g(t (a)e sa'&led
so'et("g a"d fo$"d t to be $"saleable9
B:22;2:2 &.'.<
0 %t (as "o rele)a"!e to t(ese &ro!eed"gs+ t (as "o rele)a"!e.
C O-ay+ a"d %3ll 7$st &reser)e 'y ob7e!to" to t(at for t(e re!ord+ % do bele)e t goes to...
0 6o$ -ee& tal-"g o)er 'y r$l"gs+ a"d % (a)e *ar"ed yo$ abo$t t(at (a)e"3t %. % (a)e
"d!ated t(at yo$ (a)e a" o&&ort$"ty a"d yo$3)e e8&ressed yo$r $"dersta"d"g of yo$r rg(t
to a&&eal. T(e "e8t t'e t(at yo$ tal- o)er o"e of 'y de!so"s or r$l"gs+ % a' go"g to (old
yo$ " !o"te'&t aga"+ yo$ (a)e far *ar""g.
C % a' sorry+ 6o$r 0o"or+ % *as al*ays $"der t(e $"dersta"d"g t(at f % dd "ot s&e!f!ally
state 'y ob7e!to" for t(e re!ord+ % *o$ld be &re!l$ded fro' later o" arg$"g t(at o" a&&eal+ %
do"3t 'ea" to dsres&e!t yo$+ Sr.
0 As- a"ot(er .$esto". % (a)e 'ade 'yself !lear+ yo$ $"dersta"d t. As- a"ot(er .$esto".
C %" yo$r *rtte" state'e"t yo$ stated t(at t(e a!!$sed *as "taly !o'&la"t b$t t(e" be!a'e
"o"F!o'&la"t+ " *(at *ay dd t(e a!!$sed be!o'e "o" !o'&la"t9
F 6o$ *o$ld "ot &ro)de $s *t( a"y "for'ato" " regards to yo$rself so t(at *e *o$ld "ot be
able to e"ter yo$ "to o$r database+ as % (a)e &re)o$sly stated.
C O-ay+ b$t t(e" earler yo$ testfed t(at t(e a!!$sed offered yo$ (s "a'e+ (o* s t(at
!o"sste"t.
F As % (a)e &re)o$sly stated+ *(et(er yo$ (a)e g)e" $s yo$r "a'e or "ot t(at s "ot e"o$g(
"for'ato" for $s to !o'&lete o$r ")estgato" a"d to e"ter yo$ "to o$r syste'+ as % (a)e
stated before.
C ?ell+ o-ay+ t(at3s f"e...b$t 'y .$esto" dd"3t relate to t(at. My .$esto" related to (o* yo$
!a" sta"d (ere $"der oat( a"d say o"e t("g t(at "!o"sste"t *t( so'et("g else yo$3)e sad.
- @%?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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To *t2 yo$ sad earler t(at t(e a!!$sed offered (s "a'e to yo$ &ror to t(e &ol!e arr)"g+
t(e" 7$st "o*+ yo$ des!rbed t(e a!!$sed as "o"F!o'&la"t+ " &art+ be!a$se (e failed to offer (s
"a'e to yo$. My .$esto" s2 (o* s t(at "o" "!o"sste"t a"d "d!at)e of a la!- of )era!ty
atte"da"t to yo$r test'o"y today+ Mr. Fro"t"o9
R Ob7e!to"+ 6o$r 0o"or+ t(at goes to arg$'e"t.
0 % a' go"g to allo* t(e .$esto" $& to t(e &o"t t(at t goes to )era!ty+ *(!( s a
deter'"ato" t(at % 'a-e+ "ot yo$+ go a(ead.
F as % bele)e % (a)e stated earler+ % do bele)e yo$ ga)e $s yo$r "a'e+ b$t % *o$ld "ot s*ear
'y lfe o" t(e fa!t t(at yo$ ga)e $s yo$r "a'e+ (o*e)er+ e)e" f yo$ (ad g)e" $s yo$r "a'e+
yo$ dd "ot g)e $s e"o$g( "for'ato" for $s to !o'&lete o$r ")estgato"+ so t(erefore+ *e
(ad to "otfy Trbal /ol!e.
C O-ay so *(e" yo$ say yo$r are f"d"g so'e "o"F!o'&la"!e o" t(e &art of t(e a!!$sed a"d
t(e atte"da"t !o"se.$e"!e to t(at+ e+ yo$r !all"g " t(e &ol!e...*(at yo$ assert *as t(e "o"F
!o'&la"!e " yo$r earler test'o"y+ *as t(at t(ere *as a fal$re to g)e a "a'e....b$t t(at
'g(t "ot be t+ a&&are"tly+ a!!ord"g to yo$r test'o"y. So+ *as t(ere a"y ot(er "o"F
!o'&la"t be(a)or9
F 6o$ *o$ld"3t g)e $s yo$r "for'ato"+ t(at *as t.
C %"for'ato" 'ea""g9
F Na'e+ address+ de"tf!ato"+ all te's t(at yo$ (ad o" yo$r &erso"+ b$t *ere $"*ll"g to
s(are *t( $s.
C So yo$ are say"g t(at a fal$re to &ro)de t(ose 'aterals at ?al'art *ll res$lt " !all"g
t(e &ol!e9
F A"ybody t(at fals to &rod$!e a )ald for' of de"tf!ato" *ll res$lt " $s !all"g t(e &ol!e.
C A"d...!all"g t(e &ol!e say"g *(at...t(e &erso" ref$sed to g)e t(er de"tf!ato"9
F No+ *e !all t(e &ol!e be!a$se at t(at &o"t+ ?al'art &$rs$es t(er rg(t to &$rs$e !r'"al
!(arges+ a"d yo$ are "ot o" tral for "ot g)"g a "a'e+ yo$ are o" tral for &etty lar!e"y+ so at
t(at &o"t ?al'art...
0 0e3s a"s*ered t(e .$esto"+ t(a"- yo$.
B:2252:E &.'.<
C So s ref$s"g to allo* ?al'art to sear!( t(e !o"te"ts of o"e3s bag or t(e &last! bag t(at
t(er &$r!(ases are "+ s t(at also a bass for !allg" t(e &ol!e9
F ?e "e)er sear!( "d)d$als+ &er &ol!y ?al'art does "ot sear!( "d)d$als
0 0s .$esto" s+ s t(at a bass for !o"ta!t"g t(e &ol!e9
C So t(e *ell -"o*" &ra!t!e of (a)"g so'eo"e sta"d by t(e door a"d say lets 'e !(e!- yo$r
re!e&t aga"st t(e !o"te"ts of yo$r bag...does t(at o!!$r at ?al'art9
F U(+ yes t does.
C O-ay so f so'eo"e ref$ses to allo* ?al'art to sear!( t(e !o"te"ts of t(er &lat! bag a"d
t(er re!e&t...f so'eo"e ref$ses to !o"se"t to t(at sear!(+ *(at s yo$r &ol!y9
F To let t(e' lea)e.
C So+ so'eo"e !a" ref$se to !o"se"t to t(at sear!( a"d yo$ let t(e' lea)e9
F Corre!t.
C 0a)e yo$ e)er deta"ed so'eo"e for ref$s"g to !o"se"t to s$!( a sear!(9
F %f % *ere *or-"g a"d t(e door a"d faled to obser)ed sele!to"+ !o"!eal'e"t+ a"d
!o"s$'&to" of t(ose te's+ *e "e)er 'a-e sto&s based o" t(ose+ so+ f so'ebody3s at t(e door+
ts 'ore of a" "s$ra"!e &ol!y to !(e!- re!e&ts..."obody s e)er deta"ed+ $'...
! T(ere *as"3t a la*s$t aga"st ?al'art re!e"tly
- -.?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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f % !o$ld"3t s&ea- to
0 ?(at s t(e rele)a"!e9 ?(at s t(e rele)a"!e to t(s l"e of ".$ry. ?e are s&ea-"g abo$t+
as % $"dersta"d t+ loss &re)e"to" off!er a"d (s obser)ato"s a"d a greeter a"d *(at t(e
greeter !a" do. =o yo$ see t(ose as e8a!tly t(e sa'e t("g9
C % see t(e' as a" o)erall &ol!y o" ?al'art3s &art to !o"dto" *(et(er or "ot t(ey are go"g
to ta-e retalatory a!to" based $&o" *(et(er a !$sto'er s !o"se"t"g to '&er'ssble
sear!(es a"d seD$res.
0 Alrg(t. % do"3t see t(e' as t(e sa'e or e)e" s'lar. %ts "ot rele)a"t.
C 6es+ Sr+ %3ll 'o)e o".
0 %t3s "ot rele)a"t+ as- a"ot(er .$esto".
C 6o$ say t(at yo$ o)er(ead so'e ds!$sso"s bet*ee" t(e %"da" Colo"y Off!ers a"d t(e
a!!$sed *t( regard to t(e a!!$sed fal$re to !o"se"t to a sear!(....(a)"g a !o"se.$e"!e of t(e
a!!$sed be"g arrested for "ot !o"se"t....
fC No+ Sr+ yo$ *ere "ot &la!ed $"der arrest $"tl yo$ as-ed for a la*yer.
C O>a; 4o ;o* are 4a;2n9 t5e a77*4e$ a4>2n9 for a 3a:;er :a4 *5 ,ent2one$ 6; t5e Off27er4 a4
5a#2n9 a 7on4e8*en7e"""
r O6Ee7t2on 7a334 for 5ear4a;
7 I0,"""*5"""eD72te$ *tteran7e
r Yo*r Honor t5at04 not an eD72te$ *tteran7e"
H S*4ta2ne$"
C Mr" Front2no 5a4 te4t2f2e$ a4 to :5at t5e; Off27er4 5a#e 4a2$ at 3en9t5 +re#2o*43;"
H :e33"""*5"""E*4t 6e7a*4e t5e +ro4e7*tor 5a4 75o4en not to o6Ee7t$ at 7erta2n t2,e4 an$ 5a4 no:
o6Ee7te$ to :5at t5e Off27er4 5a#e 4a2$ 6a4e$ *+on 5ear4a; ;o* 4t233 5a#e to 9et o#er t5at 5*r$3e a"d
s(e 'ay (a)e e)e" "d!ated rele)a"!e+ o"!e aga"+ b$t " a"y e)e"t+ % a' s$sta""g (er
ob7e!to".
C Can I E*4t enter re4+e7tf*33; Yo*r Honor a +attern an$ +ra7t27e ar9*,ent 5a62t 5ear4a;
o6Ee7t2onM
H Mo#e onW
C So E*4t to 6e 73ear Yo*r Honor I 7an a4> Mr" Front2no a6o*t :5at 5e 5ear$ t5e Off27er 4a; 2n
re9ar$ to :5et5er or not t5e; :ere 7on$2t2on2n9 arre4t *+on fa23*re to 7on4ent to""
r O6Ee7t2on 7a334 for 5ear4a;
H If ;o* 7an 2f ;o* 7an"""+ro#2$e ,e :2t5 a 5ear4a; eD7e+t2on n*,6er one an$ n*,6er t:o +ro#2$e
,e :2t5 a re3e#an7e a4 to :5; t5at04 re3e#ant ;e4 a64o3*te3; 4o 9o for:ar$"
C I fee3 2t 24 re3e#ant Yo*r Honor 6e7a*4e t5e re4*3t4 of t5e 4ear75 t5e fr*2t of t5e +o24ono*4 tree
fa7tor 2n 5ea#23; 2n t5e Reno C2t; Attorne;04 7a4e :2t5o*t t5at"""t5e2r 7a4e re4t4 on"""I $on0t >no:
:5at"" an$ :5et5er or not t5e4e 7o*95 $ro+4""
H So 6efore ;o* 9o on ;o*r ar9*,ent 24 t5e fr*2t"""I ta>e 2t""":5at are t5e fr*2t4 5ereM
C 1e33 2n t5e2r arre4t re+ort t5e; ,ent2on t5at t5e 4ear75 2n72$ent to arre4t ;2e3$e$ 4o,e 7o*95 $ro+4
not 7o*95 $ro+4 2n a 7onta2ner or 4o,e +a7>a92n9 6*t E*4t 4o,e 7o*95 $ro+4""an$"""
H So 2f ;o* :ere 4*77e4f*3 an$ ;o* Got t5at t5ro:n o*t on :5at 6a424 :o*3$ t5e 7a4e fa33M
C 1e33 2t4""""
H A4 fr*2t of t5e +o24ono*4 treeM
C 1e33 I 6e32e#e t5e a7t*4 re*4 :o*3$ 6e 3a7>2n9"""t5e +ro+ert; 2t4e3f"""t5e +5;427a3 e#2$en7e :o*3$
not 6e t5ere to t5e eDtent 2t4 a33e9e$ to 6e +5;427a3 e#2$en7e t5at :o*3$ not 6e a#a23a63e
H A3r295t I *n$er4tan$"""no: 92#e ,e t5e re4+on4e to t5e 5ear4a; o6Ee7t2on4
- -<?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01495
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7: I 6e32e#e one 24 t5at 2t4 a 4tate,ent a9a2n4t 2ntere4t to t5e eDtent t5at t524 1a3,art 24 rente$ o*t 6;
t5o4e Off27er04 e,+3o;er4 to 1a3,art t5e +ro+ert; Mr" Front2no te4t2f2e$ ear32er t5at t5ere 24 a 73o4e
:or>2n9 re3at2on452+ :2t5 t5e4e In$2an Co3on; Po327e 4o ,*75 4o t5at t5e; are a63e to 42t an$ 5a#e
Eo#2a3 7on#er4at2on an$ 3a*95ter for a++roD2,ate3; &@ ,2n*te4 +r2or to tr2a3" T5e; a33 ,a; +otent2a33;
fa7e a 92ant 32a6232t; for a <%/( 7a*4e of a7t2on for a :ron9f*3 arre4t a4 4*75 t5ere 24 a +o4426232t; t5at
t5e; are a7t2n9 2n 7on7ert an$ t5at an; 4tate,ent4 ,a$e 6; In$2an Co3on; Po327e are ne7e44ar232;
2,+*te$ to 1a3,art an$ t5erefore are a 4tate,ent a9a2n4t 2ntere4t"
HK O>a; a3r295t an; re4+on4e fro, t5e C2t;M
R F2r4t of a33 Yo*r Honor Mr" Front2no te4t2f2e$ t5at 5e :2tne44e$ t5e $efen$ant I 6e32e#e 7on4*,e
4o,e of t5e 7o*95 $ro+4 an$ re9ar$3e44 of :5et5er t5ere :ere an; 7o*95 $ro+4 fo*n$ 2n 524 +o7>et
t(at t(at obser)ato" 24 not ne9ate$""":e ,a; not 6e a63e to a47erta2n t5e #a3*e of t5e 7o*95 $ro+4
6e7a*4e :e :o*3$n0t 5a#e t5e +a7>a9e""" 2n a$$2t2on e#en 2f t5e 7o*95 $ro+4 an$ t5e e#2$en7e re3ate$
to t5e 7o*95 $ro+4 :a4 eD73*$e$ t5at :o*3$ not a++3; to t5e 7an$; 6ar or t5e 75o7o3ate 2te, t5at Mr"
Front2no referre$ to" Re9ar$2n9 t5e 5ear4a; eD7e+t2on I $on0t 6e32e#e t5e fa7t t5at 5e ,a; 6e e#en
6e4t fr2en$4 :2t5 one of t5e Off27er4 ,a>e4 or ,eet4 t5e 5ear4a; o6Ee7t2on 2t $oe4n0t ,eet an; of
eD7e+t2on4 *n$er t5e 5ear4a; r*3e t5ere 24 no 4*75 t52n9 a4 fear of 32a6232t; an$ t5e Off27er 24 not a
32t29ant 2n t524 ,atter ,a;6e a f*t*re 32t29ant at 4o,e +o2tn :2t5 Mr" Co*9532n 2t 7erta2n3; 24 not t5e
7a4e to$a;"
C: Yo*r Honor
H No not52n9 f*rt5er" I 5a#en0t fo*n$ an; 5ear4a; o6Ee7t2on nor $o I f2n$ t524 +art27*3ar3; re3e#ant
2t4 4*4ta2ne$ a4> anot5er 8*e4t2on"
C2 Alrg(t+ 6o$r 0o"or+ a"d % *ll 7$st &reser)e t(e ob7e!to" for t(e re!ord t(at ts "ot be"g
offered to &ro)e t(e tr$t( of t(e 'atter asserted+ t(at t does (ae "d!a of relablty g)e" t(e
!o"te'&ora"eo$s "at$re of t(e state'e"t+ &art!$larly *t( regard to t be"g a &erfor'at)e
$ttera"!e.
BO(+ 'a"+ dd t(at (alf !o$rt s(ot at t(e b$DDer &ss 1$dge 0o*ard off+ to t(e &o"t *(ere (e
(as to bas( so'eo"e 7$st for (a)"g t(e "d$stry to le)erage te!("ology<
H: A4> anot5er 8*e4t2onW I 9a#e ;o* e#er; o++ort*n2t; to 92#e ,e ;o*r ar9*,ent" 15at ;o* 5a#e
$one no: 2t 4a; F:e33 ;o* >no: :5atM I 5a#e 9one to ,; 32tt3e 3a+to+ an$ I0#e 9ot 4o,e a$$2t2ona3
2nfor,at2on t5at I :ant to +re4ent"""G an$ I 5a#e re+eate$3; 2n$27ate$ to ;o*: one 45ot I ,a>e t5e
r*32n9 :e ,o#e on""""an$ ONCE AGAIN ;o*0#e 9one 6e52n$ ,; r*32n9 an$ a$$e$ a$$2t2ona3
2nfor,at2on" A4> t5e 8*e4t2on S2rW
C: O-ay+ a"d also 7$st to t(e e8te"t t(at !o''a"ds are "ot (earsay. Mr" Front2no $2$ ;o* ,a>e
an; 4tate,ent4 to t5e a77*4e$ t5at ;o* :o*3$ 6ar9a2n :2t5 t5e a77*4e$ an$ t5at 2f 5e 9a#e ;o* 6a7>
t524 or t5at 2te, ;o* :o*3$ 3et 52, 9o"""
f No I $2$ not"
C Do ;o* e#er ,a>e 4*75 4tate,ent4M
F I 6e32e#e ;o* are referr2n9 to t5e fa7t t5at after I 5a$ a3rea$; 5a$ t5e +o327e t5ere I 5a$ 4a2$ t5at 5a$
;o* 7oo+erate$ t5en t5e; :o*3$ not 5a#e 6een 2n#o3#e$" Per +o327; :e 7o*3$ 5a#e a33o:e$ ;o*
3ea#e t5e fa7232t; *+on +*tt2n9 ;o*r 2nfor,at2on 2nto o*r 4;4te,"
B:2EG22G &.'. Note2 Fro"t"o $ses t(e *ord !(o!e 4allo*ed yo$ to lea)e5+ *(!( !learly
"d!ates t(e a!!$sed "ot be"g t(ere e"trely )ol$"tarly<
- -B?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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C Ho: 24 t5at $2fferentM
F Ho: 24 :5at $2fferentM
C It 4ee,4 a4 t5o*95 ,; 8*e4t2on :a4: D2$ ;o* ,a>e an; 4tate,ent4 t5at F2f ;o* 7oo+erate an$ ;o*
92#e4 *4 t524 6a7> :e :233 3et ;o* 9o"""G an$ ;o* 4a2$ no an$ t5en ;o* 4a2$ F6a427a33; no I to3$ ;o*
2f ;o* :o*3$ 5a#e 7oo+erate$ :e :o*3$ 5a#e 3et ;o* 9oG an$ 2t 4ee,4 a4 t5o*95 ;o* are 4a;2n9 t5o4e
are $2fferent t52n9"""
f 5a$ ;o* not re,o#e$ 4t*ff fro, o*r fa7232t; :e :o*3$n0t 5a#e $eta2ne$ ;o*M It4 a F2f ;o* 5a$n0t
$one t524 :e :o*3$n0t 5a#e"""G
H: 4to+ 4to+ 4to+""" Go a5ea$"
C M; 8*e4t2on to ;o* S2r 24: 7an ;o* eD+3a2n to ,e 5o: t5ere04 f*n$,ent3 $2fferen7e 6et:een ;o*r
a44ert2on t5at ;o* did not say "If ;o* 7oo+erate an$ 92#e t5e 4t*ff 6a7>G t5en ;o*0$ 3et t5e a77*4e$
9o an$ ;o*r 4*64e8*ent a44ert2on t5at Ft5e; a77*4e$ :a4 on3; arre4te$ 6e7a*4e 5e $2$n0t 7oo+erate
an$ 92#e t5e 4t*ff 6a7>GM
R Yo*r Honor t5at04 not :5at 5e 4a2$"
H I033 3et 52, re4+on$" O#err*3e$" Go a5ea$"
F So :5at I"""*5""I 6e32e#e ;o*r 8*e4t2on :a4 a4>2n9 ,e 2f I tr2e$ to 6ar9a2n :2t5 ;o*"""an$ I ne#er
tr2e$ to 6ar9a2n :2t5 ;o*"""t5e $2fferen7e to ,e :a4 t5at I :a4 4tat2n9 t5e fa7t t5at 5a$ ;o* $one
t524"""5a$ ;o* 42,+3; 92#en *4 2$ent2f27at2on +er 1a3,art +o327; *n$er t5e"""*n$er :5at :e 5a$ 2n
front of *4""":e 7o*3$ 5a#e a33o:e$ ;o* to 3ea#e o*r fa7232t; 6; E*4t +*tt2n9 ;o* 2nto o*r 4;4te,"""
C An$ $2$ ;o* a34o ,a>e t5e 4tate,ent t5at F5a$ ;o* 42,+3; 92#en t5e 2te,4 6a7>G
f I $on0t 6e32e#e I ,a$e t5e 4tate,ent t5at F5a$ ;o* 42,+3; 92#en t5e 2te,4 6a7>G"""no"""I 6e32e#e I :a4
+rett; eD+3272t 6; 4tat2n9 t5at 5a$ ;o* 7oo+erate$""":e :o*3$n0t 5a#e 92#en a rat""""
7 B; F7oo+erate$G $2$ ;o* ,ean 6ot5: 92#e ;o*r 2$ent2f27at2on AND 92#en t5e 2te,4 6a7>M
F U,"""I"""+r2,ar23; E*4t :ante$ ;o*r 2nfor,at2on"""
f: I a, not a4>2n9 ;o* :5at ;o* :ante$ S2r I a, a4>2n9 ;o* :5at ;o* 4a2$"
F U'.... 4!oo&erato"5 'ea"s 4!oo&erato" " *(ole5...$'...(ad yo$ "ot g)e" t(e te's
ba!-...t *o$ld"3t (a)e !(a"ged....
B:2E@252 &.' <
7 O>a; t5at 4ee,4 2n7on9r*o*4""" F7oo+erat2onG"""
r ?ell+ ob7e!to"+ 6o$r 0o"or+ (o*3s (e go"g to g)e t(e te's ba!- t(at (e3s already eate"9
So+ % 'ea"+ % t("- ts a rd!$lo$s l"e of .$esto""g a"y*ay
0 %t3s "ot rele)a"t+ b$t (e !o"t"$es o" t(s &at(+ as- a"ot(er .$esto"A
B:2EH2;E &.'. O0+ %TS /RETT6 RELEIANT+ T0OUG0....O"e+ t(e bg 4s'o-"g g$"5+
allegedly+ " t(e &ol!e re&ort s t(at t(e fr$t of t(e &oso"o$s tree+ t(e o"e fol s(eet of G =$ra!t
Co$g( 'elts+ e8a!ty o"e (alf of a &a!-age l-e t(ose sold at ?alFMart+ *as !$lled fro' t(e
Fo$rt( A'e"d'e"t )olat"g sear!( of Co$g(l"3s &o!-ets...a sear!( *(!( FFro"t"o ad'ts
o"ly too- &la!e ''edately after Co$g(l" "d!ated (e *a"ted a" attor"ey. So+ !rafty )et
/a' Robert3s "o"Fse.$t$r abo$t (o* 4*(at3s t(e &o"t f (e already at t(e st$ff a"y*ays5+
asde+ !learly+ Fro"t"o *a"ted so'e =$ra!t Co$g( Melts ba!-. A"d 1$dge 0o*ard *as o"ly
to eager to !('e " *t( (s assess'e"t t(at Roberts &o"t *as s$!( a good o"e+ des&te t(e fa!t
t(at &retty '$!( t(e &rose!$to"s *(ole !ase !a'e do*" to o"e s(eet of G =$ra!t Co$g( Melts
be"g fo$"d " Co$g(l"3s s(ort3s &o!-ets. F$rt(er+ t(e sear!( e8te"ded to all sorts of !argo
&o!-ets+ arg$ably *ell beyo"d t(e s!o&e allo*able for s$!( a sear!( "!de"t to arrest. T(ere
(as to be a l"e so'e*(ere. A body !a)ty sear!( *o$ld (a)e bee" '&er'ssble+ rg(t9 T(e"3s
t(ere3s Fro"t"o3s *(ole... 4% *as primarily *a"t"g to get t(e de"tf!ato"...t& toe"g aro$"d
- -(?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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*(et(er (e barga"ed *t( t(e old 4g)e $s t(e st$ff ba!-+ a"d t3s all good5 a"d es&e!ally
*a"t"g to stay a*ay fro' t(e *(ole+ let $s !oer!e a !o"fesso" o$t of yo$+ $"der t(e g$se t(at
*e *ll let yo$ go+ o"ly to re"eg o" t(e deal o"!e yo$ "!r'"ate yo$rself....T(e" Fro"t"o tr&s
$& by ad'tt"g (e )e*s 4!oo&erato"5 to 'ea" 4!oo&erato" " *(ole5+ e+ g)"g t(e
de"tf!ato" a"d g)"g t(e st$ff ba!-+ or at least+ g)"g a !o"fesso". Clearly+ *t( Fro"t"o+
a"yt("g less t(a" !o"fess"g+ !o"se"t"g to a sear!(+ a"d g)"g so'et("g ba!- s ta"ta'o$"t
to be"g "o"F!o'&la"t+ a"d fal"g to !oo&erate...at *(!( &o"t (e !alls (s b$ddes o" t(e
Trbal /ol!e For!e ot !o'e " a"d do t(e '&er'ssble sear!("g<
! So do -"o* *(et(er or "ot t(e te's t(at *ere o" t(e re!e&t t(e a!!$sed got $&o" &ay"g for
te's *(at *as o" t(at re!e&t9
F % bele)e % already told yo$ 4"o5.
B:2EH2EH &.'.<
C % bele)e yo$ dd+ Sr. So 'y .$esto" s+ so yo$ do"3t -"o* *(et(er or "ot t(ree+ fo$r+ or f)e
bo8es of !o$g( dro&s *ere o" t.
F U'...t(ere *as "o !o$g( dro&s r$"g $& be!a$se % *as " &la" sg(t.
C T(ere *as "o !o$g( dro&s r$"g $& o" t(e re!e&t9 % a' "ot tal-"g abo$t t(e re!e&t of t(e
allegedly stole" te's...% a' tal-"g abo$t t(e re!e&t for so'e*(at for J7; or J@; aro$"d t(ere+
for t(e te's t(e a!!$sed &ad for.
F % !o$ld"3t s&ea- for e)ery...
0 Sto&A 6o$ (a)e already a"s*ered t(e .$esto"+ % -"o* t. As-ed a"d a"s*ered+ as- a"ot(er
.$esto".
C O-ay+ (e 7$st sad t(ere *as "o !o$g( dro&s o" t(e re!e&t+ t(at3s !orre!t9
f2 Co$g( dro&...
0 Sto&A % (a)e r$ledA As- a"ot(er .$esto".
C O>a;"""Do ;o* >no: :5et5er t5e a77*4e$ ,a$e an; 4tate,ent4 to t5e 7a452er :5275 re4*3te$ 2n t5e
7o*95 $ro+4 6e2n9 +*t on t5e re7e2+tM
F S5e :o*3$ 5a#e 5a$ to 5an$ >e; t5e, 2n 4o t;+e 2n t5e re7e2+t 4o"""2n ter,4 of #er6a3
7o,,*n72at2on I :o*3$ not 5a#e 6een a63e to 5ear 6*t 45e :o*3$ 5a#e 5a$ to 5an$ >e; 2n t5e
2te,4"""*,"""6a4e$ off of a UPC t5at 45e :o*3$ 5a#e 5a$ to 5a#e ,e,or2Le$ or t5at ;o* :o*3$ 5a#e
5a$ to 5a#e ,e,or2Le$""
B:2:;2:1 &.'.<
! O-ay+ b$t f s(e (ad r$"g $& o"e &a!-age of !o$g( dro&s+ s(e !o$ld (a)e 7$st...f o"e (ad (a)e
bee" &$r!(ased a"d r$"g $&+ a"d t(e"+ say t(e a!!$sed sad+ 4o(+ t(ere *as a !o$&le 'ore5+
t(e" s(e !o$ld (a)e 7$st (t t(e t'es 2+ t'es E b$tto" for .$a"tty...
f U'...% do"3t bele)e t(e !as( regsters....*(et(er or "ot t(ey stll allo* t(at or "ot...ts aga"st
&ol!y for t(e' to do t(at t(o$g(.
C O-ay+ so yo$ say 4*(et(er t(ey ST%LL allo* t(at5...so does t(at "d!ate t(at+ to yo$r
-"o*ledge t(at+ " t(e &ast+ s$!( a &ra!t!e (ad o!!$rred9
F 6es+ t(ey !o$ld.
F For "sta"!e+ f so'eo"e bo$g(t fo$r &a!-ages of det !o-es+ 12 &a!-s+ a"d t(ey dd"3t *a"t to
lft ea!( of t(ose (ea)y &a!-ages $&+ t(ey say2 4% (ad fo$r of t(ese5+ t(e" t(e !as(er !o$ld s!a"
o"e of t(e' a"d t(ey !o$ld say2 4o-ay+ a"d t(ere3s t(ree 'ore5 a"d !as(er *o$ld (t 4.$a"tty
t'es E5 or so'et("g l-e t(at...9
f 6es+ t(ey !o$ld+ b$t "ot " t(at order+ b$t yes t(ey !o$ld...
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MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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! A"d yo$r test'o"y today s yo$ do "ot -"o* *(et(er a"y s$!( state'e"ts *ere 'ade
regard"g
f No+ % *as "ot " ears(ot of t(e !o''$"!ato" t(at yo$ g$ys (ad+ as % stated earler...
! O(+ % dd"3t realDe t(at s *(at yo$ stated...so yo$ are say"g t(at yo$ *ere "ot *t(" ears(ot
of t(e tra"sa!to" bet*ee" t(e a!!$sed...
0 0e testfed to t(at &re)o$sly+ MOIE ONA
C O-ay+ *as a"ybody t(at yo$ are a*are of at ?al'art...9
R Not+ as-ed a"d a"s*ered...
0 Not...as-ed a"d a"s*ered a"d ts "ot rele)a"t+ 3"ot(er .$esto"A
B:2:22:; &.'.+ 'a"+ 1$dge 0o*ard !erta"ly s (el&f$l to &rose!$tor Roberts+ !o"sta"tly
!('"g " *t( ob7e!to"s of (s o*" l-e t(e abo)e rele)a"!y ob7e!to"+ alt(o$g(+ ts (ard to
$"dersta"d (o* t(at *o$ld "ot be rele)a"t+ g)e" t !o$ld &ote"tally go dre!tly to *(et(er or
"ot t(e a!!$sed 'ade a" "d!ato" to t(e !as(er as to t(e .$a"tty of !o$g( dro&s &$r!(ased+
et!....<.
! =o yo$ -"o* *(et(er t(e a!!$sed "ot o"ly bo$g(t a &a!-age of t(e )ery !o$g( dro&s t(at are
alleged to be stole" (ere b$t also 'ade state'e"ts to t(e !as(er *t( res&e!t to a" addto"al
.$a"tty of t(e sa'e te' be"g &$r!(ased9
0 No*+ (e "d!ated t(at (e !o$ld "ot (ear t(e ds!$sso" bet*ee" yo$ a"d t(e !as(er9 =o yo$
re!all t(at test'o"y9 6et+ yo$ t$r" rg(t aro$"d a"d as- (' t(at .$esto" o"!e aga"...
! #e!a$se+ % see...
( As- a"ot(er .$esto"A
C 6o$r 0o"or+ ts be!a$se % see..
0 As- a"ot(er .$esto"A
C =d yo$ earler say yo$ !o$ld (ear *(at *as sad bet*ee" t(e !as(er a"d t(e a!!$sed9
F No+ % dd "ot.
C O-ay+ so a re)e* of t(e ta&e *o"3t s(o* t(at.
F No.
! So+ s t &ossble t(at...a"d 7$st to !larfy...yo$ sad yo$ do"3t -"o* *(at3s o" t(e...let3s !lal s
t(e J@; re!e&t...yo$ do"3t -"o* *(at te's *ere o" t(at9
F on t5e re7e2+t for t5e O/. of 2te,4 ;o* +*r75a4e$ at t5e fa7232t; no I $o not >no: :5at 2te,4 :ere
on t5at
B:2:E25: &.'. O(+ 'a"+ (ere 1$dge 0o*ard sees t !o'"g a"d really+ really *a"ts to try to
sto& t fro' (a&&e""g....'$st try to b$lly defe"da"t o$t of &o"t"g o$t a"ot(er " a l"e of
sale"t "!o"gr$tes " Fro"t"o3s test'o"y+ (ere+ t !o"!er"s t(e fa!t t(at Fro"t"o testfed
earler t(at (e -"e* "o !o$g( dro&s *ere r$"g $& by t(e !as(er+ yet 7$st abo)e (e testfed t(at
(e dd"3t -"o* *(at te's *ere o" t(at re!e&t...o"ly to t$r" aro$"d a"d assert t(at (s 4s&dey
)so"5 or *(ate)er e"able (' to ds!er" fro' t(e *o'e"3s !lot("g se!to" ea!( a"d e)ery
te' r$"g $&<
! So yo$ do"3t -"o* *(et(er or "ot t(ere s
( 0e does"3t -"o* *(at te's are o" t(e re!e&t
! O-ay+ b$t earler (e testfed t(at (e -"e* t(at t(e re!e&t dd"3t (a)e a" e"try for a bo8 of
!o$g( dro&s
0 As- a"ot(er .$esto"A AS> ANOT0ER KUEST%ONAALMJLMJLM:
C O>a; ear32er $2$ ;o* te4t2f; t5at ;o* >ne: a 6oD of t5at 4a,e UPC for t5o4e 7o*95 $ro+4 :a4
NOT on t5e O/. re!e&t9
- -@?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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F % *at!(ed yo$r tra"sa!to" a"d % dd "ot see t(e de"t!al !o$g( dro&s r$"g $& o" yo$r
re!e&t..
! 6o$ watched t(e tra"sa!to"...yo$ *ere able to see t !losely e"o$g(...yet yo$ *ere"3t able to
hear a"y of t(e tra"sa!to"9
F T(at s !orre!t9
C =o yo$ (a)e so'e (ear"g &roble's9
F No+ % do "ot.
C Do ;o* 5a#e super powerful #242onM
F I 7an 42,+3; 4ee fart5er t5an I 7an 5ear +eo+3e 4+ea>2n9 at nor,a3 #o27e"
C A6o*t 5o: far :5ere ;o* fro, t5e +o2nt of r2n92n9 *+ t5e 2te,4 on t5e O/. re7e2+tM
F U5"""+ro6a63; a6o*t t52rt feet 6e52n$ ;o*""""6e52n$ t5e re924ter4"""
7 O>a; 4o :5ere ;o*"""":5en ;o* 4a; 6e52n$ t5e re924ter4 24 t5at""":o*3$ t5at +*t ;o* 73o4er to t5e
6a7> of t5e 4tore or t5e front of t5e 4toreM
F U,"""t5e front of t5e 4tore""
7 Near t5e entran7e"""
f U5"""no 6; 6a7> of t5e 4tore?front of t5e 4tore ;o*r ta3>2n9 a6o*t front to 6a7> 2t4 not re3e#ant to t5e
eD2t4"
C I 9*e44 2t4"""24 2t fa2r to 4a; t5e front of t5e 4tore 24 :5ere t5e eD2t4 areM
F Ye4"
C Entran7e an$ t5e eD2t4 at t5e front of t5e 4tore?
f Ye4"
C O>a; 4o 7an ;o* 92#e ,e 4o,e 2n$27at2on :5ere ;o* :ere 3o7ate$ at t5e t2,e t5e 2te,4 :ere
6e2n9 r*n9 *+M
F at t5e t2,e ;o* :ere 4+e72f27a33; 6e2n9 r*n9 *+ I :a4 4tan$2n9 2n :o,en04 a++are3 :5275 24
$2re7t3; 6e52n$ t5e re924ter4 2t4 a6o*t t:ent; feet a:a; fro, t5e re924ter4"""
7 Yo* 4a2$ ;o* :ere a6o*t t52rt; feet a:a;
f Corre7t I :a4 2n :o,en04 a++are3"
C So"""6*t t5en ;o* 4a2$ t:ent; feetM
R Yo*r Honor 5e04 rea33; 6e2n9 ar9*,entat2#e 5e eD+3a2ne$ :5ere 5e :a4 t5at t5en"""*,"""5e04
4+32tt2n9 5a2r4"""t5e :o,en04 $e+art,ent :a4 t:ent; feet a:a; 6*t t5en 5e 4a2$ 5e :a4 t52rt; feet
a:a; t5ere04 no 2n7on424ten7;"""I $on0t t52n> t5ere 24 e2t5er"""5ere04 t5e $ea3 Mr" Co*9532n :e 4tarte$
t5e te4t2,on; of t524 :2tne44 at a++roD2,ate3; B:&. an$ not 2t 24 a++roD2,ate3; &:&& +, I :ant ;o*
to eD+e$2te ;o*r 7ro44 eDa,2nat2on :5275 5a4 6een 8*2te eDten42#e an$ t5e 7o*rt04 9rante$ ;o* a
9reat $ea3 of 3ee:a; an$ I :ant ;o* to ,o#e to:ar$4 :ra++2n9 t524 *+" I $on0t :ant to 5ear
8*e4t2on4 t5at 5a#e a3rea$; 6een a$$re44e$ +re#2o*43; :2t5 t5at ;o* ,a; +ro7ee$"
C I0, 4orr; Yo*r Honor :o*3$ 2t 6e +o44263e to 5e3+ ,e f2n$ ,; +3a7e on :5et5er t5e 3a4t o6Ee7t2on
:a4 r*3e$ on"""o5 ;ea5 I re,e,6er 24 :a4 a6o*t t:ent; to t52rt; feet I :a4 4ee>2n9 73ar2f27at2on :2t5
re9ar$ to
H t5e o6Ee7t2on :a4 4*4ta2ne$"
C Mr" Front2no fro, ;o*r #anta9e +o2nt fro, 2n ;o*r :or$4 a6o*t t52rt; feet a:a; fro, :5ere t524
:a4 6e2n9 r*n9 *+ :5en ;o* :ere 3o7ate$ 2n t5e :o,en04 a++are3 4e7t2on 7o,+are$ to t5e re924ter
n*,6er <' ,a;6e"""
f U5"""I 6e32e#e 2t :a4 <' 6e7a*4e 2t :a4 t5e 729arette 243e 2f I re,e,6er 7orre7t3;""
7 Yo* :ere 4a;2n9 ;o* :ere a63e to $247ern ea75 an$ e#er; 2te, t5at :a4 r*n9 *+ on t5at O/. re7e2+t
an$ #er2f; to ;o*r4e3f t5at none of t5o4e 2te,4 5a$ t5e 4a,e UPC a4 t5e 7o*95 $ro+4 or t5e F7an$;
6arG"""
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MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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=&:&/:(< +",")
f % !o$ld"3t tell yo$ t(at e)ery s"gle te' *as )erfed+ (o*e)er+ % (ad t(e &a!-ag"g to t(e
!o$g( dro&s+ a"d % *as s&e!f!ally loo-"g for t(e !o$g( dro&s beg" &$r!(ased...$'...% dd"3t
!are f t(ere *as ot(er !a"dy te's be"g &$r!(ased be!a$se t(ey dd "ot 'at!( t(e !o$g(
dro&s t(at % (ad " 'y (a"d...
! So yo$ say yo$ *ere "ot able to ds!er" e)ery te' &$r!(ased+ *(le at t(e sa'e t'e yo$
*ere able to ds!er" t(at "o"e of t(e te's &$r!(ased (ad t(e sa'e U/C as t(e !o$g( dro&s9
F No"e of t(e' (ad t(e sa'e &a!-ag"g t(erefore % !o$ld 'a-e t(e obser)ato" t(at t(ey !o$ld
"ot (a)e t(e sa'e U/C+ so..."o % !o$ld "ot read t(e U/C b$t t(ey *ere "ot t(e sa'e te's as
t(ey o"e3s % (ad...
! O-ay+ so f t(e a!!$sed *as able to &rese"t t(e J@; re!e&t a"d t (ad t(e e8a!t sa'e U/C as
t(e !o$g( dro&s+ t(at *o$ld dre!tly !o"trad!t *(at yo$ are say"g+ *o$ld"3t t+ Sr9
F 6es+ t *o$ld.
B:2:H2E5 &.'.<
! So+ 7$st to be !lear+ yo$ (a)e testfed (ere today+ t(at yo$ are absol$tely s$re t(at t(e J@;
re!e&t does "ot (a)e t(e te' *t( a"y e"try *t( t(e sa'e U/C a"d t(erefore t(e sa'e
&a!-ag"g+ as t(e !o$g( dro&s+ a"d t(at f s$!( a re!e&t s &rese"ted+ *t( t(e sa'e U/C+ t(e"
yo$r test'o"y *o$ld "e!essarly be '&ea!(ed
r Ob7e!to"+ t(at3s "o* !all"g for...$(...legal !o"!l$so" regard"g *(et(er (e3s '&ea!(ed or
"ot.
0 S$sta"ed.
C ?t(dra* t(at as&e!t *t( regard to *(et(er (e s '&ea!(ed or "ot...T(e"...yo$r test'o"y
*o$ld be "a!!$rate9
F % *o$ld say f yo$ *ere able to &ro)de a )ald re!e&t fro' t(at e8a!t tra"sa!to"+ t(e"+ yes+ t
*o$ld
! A"d do yo$ -"o* *(o t(e !as(er *as o" t(at tra"sa!to"9
F % do "ot -"o* *(o t(e !as(er *as+ "o.
C =o yo$ or a"yo"e yo$ are a*are of at ?al'art as- t(at !as(er *(et(er a"y state'e"ts *ere
'ade by t(e a!!$sed *t( regard to *(et(er t(ere *ere a .$a"tty to add o" a"y &$r!(ase9
F Not to 'y -"o*ledge+ "o.
! =d yo$ 'a-e a"y atte'&ts to .$ery t(at !as(er " t(at regard9
F No.
! A"d+ "obody else+ to yo$r -"o*ledge+ at ?al'art dd9
F No.
C =oes t(at see' re!-less to yo$9
B:25122@ &.'.<
r Ob7e!to"
0 S$sta"ed
B1$dge 0o*ard r$les o" t(e ob7e!to" before Roberts e)e" state (er bass+ aga" a"d aga"+ "
(er fa)or<
C 1$st a 'o'e"t ago yo$ sad+ *t( res&e!t to yo$r ds!er""g fro' t(rty feet a*ay " t(e
*o'e"3s !lot("g sle+ *(at
*as &$r!(ased at a &art!$lar !as( regster+ fro' be("d a s8 foot fo$r+ t*o ($"dred a"d ffty
&o$"d 'a"+ *(ere yo$ *ere sta"d"g...yo$ *ere able to see9
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MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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f % *as "ot be("d+ $'...$'...s t(ere a .$esto"...$' % *as be("d t(e !as( regster+ % *as "ot
be("d yo$... % *as sta"d"g " *o'e"3s a&&arel+ so $"less yo$ *ere sta"d"g o" t(e !o")eyor
belt+ yo$ *o$ld"3t be blo!-"g 'y )e*..
B:2522;H &.'.<
! So *o$ld yo$ say yo$ *ere dre!tly be("d t(e !o")eyor belt9
F % *o$ld say t(at % *as...&robably "ot H; degrees be("d t...% dd"3t 'eas$re+ b$t % *as be("d
t+ a"d % !o$ld see t(e te's t(at *ere be"g &$r!(ased...
! Ea!( a"d e)ery o"e of t(e'
f 6es
! A"d yo$ *ere able to re'e'ber ea!( a"d e)ery o"e of t(ose te's for *(!( a"d J@; re!e&t
*as 'ade9
f Absol$tely "ot. %...%...% a' "ot say"g t(at % re'e'ber currently e)ery te' t(at yo$
&$r!(ased...% -"o* t(at yo$ dd "ot (a)e te's t(at o$r &$r!(ased t(at 'at!(ed t(e te's yo$
sele!ted a"d !o"s$'ed.
C ?ell+ t(at br"gs $&+ earler yo$ sad t(at 4% dd"3t ds!er" or )erfy *(et(er yo$ (ad
&$r!(ased t(e sa'e !a"dy te's+ % *as fo!$sed o" 'a-"g s$re yo$ (ad"3t &$r!(ased a" te'
*t( t(e sa'e U/C as t(e !o$g( dro&s...t(at3s *(at yo$ sad earler+ !orre!t9
R U(...$'...$(...Ob7e!to"+ aga"+ (e3s "ot restat"g t(e test'o"y a!!$rately.
0 %s t(at *(at yo$ testfed9
F % testfed t(at % *at!(ed a"d % *as primarily o"ly loo-"g for t(e te's t(at % (ad see" yo$
sele!t a"d !o"!eal or !o"s$'e
C %s"3t t a!!$rate to say t(at yo$r test'o"y earler *as t(at yo$ *ere &r'arly o"ly loo-"g
for t(e !o$g( dro&s...a"d t(e" yo$ 'ade a state'e"t abo$t "ot !ar"g *(et(er t(e !a"dy...
0 %s t(s a !o'&le8 .$esto" o"!e aga"9 AS> A KUEST%ON.
C O-ay+ earler yo$r state'e"ts *t( regard to *(at yo$ *ere &r'arly !o"!er"ed *t(+ dd
t(ey "ot s&e!fally l't yo$r !o"!er"s to t(e !o$g( dro&s9
F T(ey *ere &r'arly !o"!er"ed *t( t(e !o$g( dro&s be!a$se t(e !(o!olate te' *as stll left
a"d (dde" " t(e !art.
C % a' 7$st as-"g yo$+ Sr+ abo$t yo$r earler test'o"y+ "ot yo$r state of '"d abo$t *(at
yo$+ *(at yo$ feel abo$t t(e e)e"ts or yo$r re!olle!to"s+ 7$st *(at yo$ testfed to earler...s t
far to say t(at *(at yo$ testfed to earler *as t(at 4% *as &r'arly o"ly !o"!er"ed abo$t
'a-"g s$re t(at t(e !o$g( dro&s or a" te' of t(e sa'e U/C *as "ot be"g &$r!(ased5...to
t(e e8!l$so" of "ot !ar"g *(et(er or "ot s'lar !a"dy te's *ere be"g &$r!(ased9 =d yo$
"ot say t(at o" t(e re!ord today9
F % bele)e t(at % sad earler t(at % *as !o"!er"ed *t( t(e te's t(at yo$ (ad sele!ted a"d
!o"s$'ed...$'....t(e !o$g( dro&s *ere a &r'ary !o"!er"+ b$t+ yo$ also dd "ot r"g $&
a"yt("g t(at "!l$ded t(e !(o!olate te'.
C 6et+ earler+ dd"3t yo$ testfy t(at a "$'ber of !a"dy te's *ere sele!ted a"d later
&$r!(ased9
F 6es.
C #$t+ "o* yo$r are say"g+ t(at yo$r *ere so'e(o* able to )erfy a"d ds!er" fro' t(rty feet
a*ay t(at t(at &art!$lar !a"dy te' *as "ot...t(e U/C for t(at+ *as "ot also "!l$ded o" t(e
J@; re!e&t.
F % *as &r'arly o"ly !o"!er"ed *t( t(e !o$g( dro&s+ % *as *at!("g for t(e !a"dy+ t(e
*ra&&er...t(e !a"dy *as stll " t(e !art.
! A"d t(at3s *(ere % (a)e a" ob7e!to"+ "o"Fres&o"s)e.
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MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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0 Are yo$ do"e9
C No S2r I a, not I E*4t o6Ee7te$ to t5e fa7t t5at 5e $2$n0t an4:er t5e 8*e4t2on I a4>e$" E#er;t2,e 5e
9et4 7ornere$ 5e 4tart4 ta3>2n9 a6o*t 2rre3e#ant 4t*ff"
B:2552:E &.'.<
0 %f yo$r te"der"g t(at ob7e!to" to t(e Co$rt+ ts o)err$led.
C ?ere yo$ able to )erfy+ fro' yo$r &osto" of so'e t(rty feet a*ay+ t(at t(e !a"dy te'
alleged to (a)e bee" stole"...a"d t(e U/C for t(at !a"dy te'+ *as "ot "!l$ded o" t(e J@;
re!e&t9
F % *as $"able to )erfy+ ot(er t(a" t(e fa!t+ t(at t *as "ot (a"d -eyed "+ t *as "e)er
&rese"ted for s!a"""g...
! O-ay+ b$t s'lar to t(e !o$g( dro&s+ yo$ *ere "ot able to )erfy t(at t(e sa'e te' *as -ey
"+ or a" te' *t( t(e sa'e U/C *as -ey "+ a"d $&o" t(at a .$a"tty "$'ber *as added to
t(e re!e&t to refle!t t(e &$r!(ase of t(e te'+ t(e !(o!olate te'+ yo$ are alleg"g *as stole"9
F 6o$ sele!ted t*o &a!-ages of !o$g( dro&s a"d o"e !a"dy bar+ a"d...a"d... o"e of t(at de"t!al
!(o!olate te'+ a"d "o 'ore+ so (ad...t(ere *(ere "o ot(er te's for 5er to be able to r"g $&
B:25G25G &.'.<
! ?ell earler yo$ testfed t(at a "$'ber of !(o!olate te's *ere &$r!(ased9
F T(ose s&e!f! o"es.
C ?ell yo$ also testfed t(at yo$ (ad "o dea+ s&e!f!ally+ *(at *as o" t(e J@; re!e&t9
F Corre!t+ % do "ot -"o* *(at *as o" yo$r J@; re!e&t.
C ?ell+ % t("- ts geo'etry or so'et("g fro' (g( s!(ool+ t(e tra"st)e &ro&erty of t(s a"d
t(at *o$ld s$ggest t(at (o* !o$ld (e "ot -"o* *(ats o" t(e
0 %TS ARGUMENTAT%IEA
C ?ell+ % a' as-"g ('..
0 %TS ARGUMENTAT%IEANOLJNJLMN
7 S2r 5o: 7an ;o* >no: 4o,et52n9 :a4 not on t5e re7e2+t 2f ;o* te4t2f2e$ t5at ;o* $on0t >no: :5at
:a4 on t5e re7e2+tM
F #e!a$se % sa* (o* 'a"y of t(e te's yo$ sele!ted.
C O-ay+ !a" yo$ g)e $s a s&e!f! "$'ber "o* a"d s&e!f!ally de"tfy " so'e *ay *(at t(ose
te's *ere9
B:25725H &.'.<
F yo$ sele!ted t(e t*o &a!-ages of !o$g( dro&s t(at % (a)e &!t$res of a" a re!e&t for+ a"d yo$
sele!ted t(e !(o!olate te'.
BNOTE2 (e says t*o &a!-ages of !o$g( dro&s...#UT ?OUL=N3T T0AT MA>E E #OPES %F
6OU A== T0E ONE ON T0E J@; RECE%/T9<
! O-ay+ a"d t(e" t(eres *as...% sele!ted a"ot(er J@; *ort( of st$ff9
f 6o$ sele!ted ot(er !a"dy te's+ yes+ a"d yo$ &ad for so'e of t(e' a"d yo$ left so'e of t(e'
at t(e regster.
C O-ay+ a"d (o* do yo$ -"o* t(at a'o"gst t(ose &ad for *as "ot a" te' *t( t(e sa'e
U/C9
B:25@22; &.' #AM 1U=GE 0O?AR= SLAMS SOMET0%NG =O?N ON 0%S #ENC0<
0 As-ed a"d a"s*ered a ($"dred t'es. % do"3t -"o* *(y yo$ !o"t"$e to beat t(s (orse+ %
really tr$ly do"3t. As- a"ot(er .$esto". Mr. Co$g(l"+ yo$ (a)e te" '"$tes re'a""g " t(e
!ross e8a'"ato" of Mr. Fro"t"o. % t("- t(at3s *(ere yo$ are (eaded " a"y e)e"t. Ar9*e 2t
on a++ea3" An$ 7*rrent3; 3et t5e re7or$ ref3e7t t5at 2t 24 no: f2#e ,2n*te4 to f2#e an$ t5at f2#e ,2n*te4
after f2#e Mr" Co*9532n04 te4t2,on; or 7ro44 eDa,2nat2on rat5er :233 6e ter,2nate$"
- -%?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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C O>a;" D2$ ;o* ,a>e an; 4tate,ent4 to t5e Off27er a6o*t""" F:eG"""I 9*e44 ;o* 4a2$ F:eG an$ t5en
:e 4+e7*3ate$ a6o*t :5o, ;o* ,eant 6; F:eG a6o*t 5o: F:e0#e 6een :at752n9 t5e a77*4e$ an$ :e
f2r4t 6e7a,e a:are of or :orr2e$"""too> not27e of 52,""":5en 5e too> a +5oto9ra+5 of a te3e#242on
an$"""G t5en ;o* na,e$ 4+e72f27a33; a ,ana9er a 63on$ 5a2re$ 3a$; 2n 5er 3ate fort2e4"""D2$ ;o* ,a>e
4*75 4tate,ent4M
F Ne#er 5a#e I ,a$e 4*75 4tate,ent4"
=@:..:B@ +",")
7 D2$ ;o* ,a>e 4tate,ent4 to t5e In$2an Co3on; Off27er4 :2t5 re4+e7t to +re#2o*4 2ntera7t2on4 :2t5
t5e a77*4e$ t5at e3272te$ ;o*r 7on4ternat2onM
F U5""":at75 $oe4 F7on4ternat2onG ,eanM
C It ,ean4 ;o*r :ere 4*4+272o*4 of 52, 4o ;o* :ere :at752n9 52,M
f Ye4"
C Can ;o* 4+e72f; 2n $eta23 :5at t5o4e 4tate,ent4 :ereM
F T5at :e 5a$ 5a$ 244*e4 :2t5 t5e Defen$ant 2n t5e +a4t t5at""":e 5a$ 6een 5o+2n9 to tre4+a44 52, for
4*4+e7te$ a7t2#2e4 2n t5e
4tore for 4*4+e7te$ 5ar$:are 4:a++2n9 :2t5 3a+to+4 an$ t52n94 of t5at nat*re"""I 5a$ +re#2o*43; 4een
;o* an$ fo33o:e$ ;o* 6efore 6*t $2$ not $eta2n ;o* 6e7a*4e I :a4 5one4t3; 5o+2n9 for ,ore"""I :a4
5o+2n9 t5ere :o*3$ ,ore t5an a +a7>a9e of MXM04" So I 5a$ ,; o:n rea4on4 to fo33o: ;o* 6efore
t5e 2n72$ent 2n 8*e4t2on"
C O>a; 4o ;o*0re 4a;2n9 ;o* ,a$e no 4tate,ent4 to t5e In$2an Co3on; Off27er4 :2t5 re4+e7t to
4*4+272on 6e2n9 aro*4e$ 6; e2t5er ;o* or 4o,eone ;o* :or> :2t5 at 1a3,art 2n73*$2n9 a Mana9er
:5o 24 a fe,a3e re3ate$ to t5e ta>2n9 of a +5oto9ra+5 of a f3atA47reen te3e#242onM
F I +er4ona33; >no: not52n9 of t5e +5oto9ra+5" T524 24 t5e f2r4t t52n9 I 5a#e 5ear$ of 2t"
C I a, not a4>2n9 ;o* :5at ;o* >no: a6o*t t5e +5oto9ra+5 I a, a4>2n9 ;o* a6o*t t5e 4tate,ent4
;o* ,a$e to t5e In$2an Co3on; Po327e"
=@:.B:<( +"," C5e7> to 4ee Po327e :ere a4>e$ a6o*t t5e +5oto9ra+5)
f U5"""no I $2$ not ,a>e a 4tate,ent a6o*t a +5oto9ra+5"
C O>a; 4o 2f 4o,eone 5a$ 6een ta+e re7or$2n9 t5at 2ntera7t2on 6et:een ;o* an$ t5e In$2an Co3on;
Po327e an$ 2t re#ea3e$ t5at ;o* $2$ ,a>e 4*75 a 4tate,ent :o*3$ t5at ,ean t5at ;o* are 3;2n9 no:M
F Ye4 2f t5at :a4 t5e 7a4e 2f t5ere :a4 #2$eo e#2$en7e t5at :o*3$ 6e t5e 7a4e"
C Or a*$2o o>a;""""So ;o* 4a; at 4o,e +art of t5e 4tore ;o* :2tne44e$ not on3; t5e 7o*95 $ro+4
6e2n9 o+ene$ 6*t t5en 7on7ea3e$M
F Corre7t"
C D2$ ;o* e#er :2tne44 t5e 7o*95 $ro+4 6e2n9 7on4*,e$M
F So,e of t5e, :ere 7on4*,e$ 2n t5e 4tore"
=@:.(:<. +",")
H An$ 524 re4+on4e :a4 F4o,e of t5e, :ere 7on4*,e$ 2n t5e 4toreG"
C 15275 $oe4n0t 4+e72f; :5et5er 5e F:2tne44e$G t5e,"""2t ,295t 6e 4+e7*3at2on"""2t4 a !$ro$s :a; to
+5ra4e 2t
5 D2$ ;o* o64er#e 52, to 7on4*,e t5e 2te,4 :2t52n t5e 4toreM
F Ye4 S2r I $2$"
C So+ to be !lear+ yo$ are "ot say"g+ t(at yo$ obser)ed t(e a!!$sed !o"s$'ed t(e !o$g( dro&s
" t(e store9
B52;E2E@ &.' T0%S %S T0E F%RST T%ME FRONT%NO =EC%=ES TO SA6 0E ?%TNESSES
T0E COUG0 =RO/S #E%NG CONSUME=. AT ALL OT0ER T%MES 0E STO//E=
S0ORT OF SA6%NG 4CONSUME=5 AN= %NSTEA= ?ENT ?%T0 4SELECTE= AN=
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MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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CONCEALE=5+ ?0EREU/ON 0E ALSO MA=E MENT%ON OF T0E ACCUSE=
ENTER%NG T0E RESTROOM AN= 0O? ?ALMART /OL%C6 =%= NOT ALLO? FOR
0%M TO FOLLO? %N TO T0E RESTROOM<
! So+ to be !lear+ yo$ are "o* say"g t5at ;o* o64er#e$ t5e a77*4e$ 7on4*,e t5e 7o*95 $ro+4 2n t5e
4toreM
F Ye4 S2r I a,"
C 15ere $2$ t5at o77*rM
F T5ro*95o*t t5e 4tore"
C S+e72f27a33; :5ereM
F Yo* :ere""""2n""""*,"""5o*4e5o3$ 73ean2n9 75e,27a34"""e3e7tron274"""";o* :ere t5ro*95o*t t5e 4tore
$o,e4t274""";o* :ere t5ro*95o*t t5e 4tore"""7on4*,2n9 foo$"
C O>a; no: ;o* are 4a;2n9 4!o"s$'"g food5
B52;:2;@ &.'.<
f Co*95 $ro+4" Yo* :ere 7on4*,2n9 7o*95 $ro+4""" ;o* :ere 7on4*,2n9 t5e !(o!olate"
C Are ;o* 4*re :5275 :a4 6e2n9 7on4*,e$M It 4o*n$4 a4 t5o*95"""
f I a, 4*re 6ot5 :ere 6e2n9 7on4*,e$"
C An$ 5o: are ;o* 4*reM
F I :at75e$ ;o* $o 2t"
C Ho: ,an; :ere 7on4*,e$M
F I $2$n0t 7o*nt"
C So ;o* :ere a63e to :at75 6*t ;o* :eren0t a63e to $247ern 5o: ,an;M
R O6Ee7t2on 5e 4a2$ 5e $2$n0t 7o*nt Yo*r Honor"
H S*4ta2ne$"
C So 5o: ,an; 7o*95 $ro+4 :ere re7o#ere$M
F U5""""+art of one +a7>a9e"""2t :a4 a++roD2,ate3; 42D o*t of one of t5e +a7>a9e4 t5at :ere re7o#ere$M
C O-ay+ so (o* 'a"y are " ea!( &a!-age9
B52;:25H &.'<
F I :o*3$ 5a#e to 3oo>"" I $on0t re7a33 5o: ,an; :ere 2n ea75 +a7>a9e"""T5e; :ere atta75e$"""t5e;
:ere 2n 6324ter +a7>4
7" Not eno*95 to ,a>e t:o +a7>a9e4M
F No not eno*95 to ,a>e t:o +a7>a9e4M
C 1e33 t5en 5o: are ;o* a63e to a44ert t5at t*o :ere 4to3enM
f Be7a*4e ;o* o+ene$ t:o an$ ;o* 7on7ea3e$ t5e 7ontent4 of t:o"
C An$ ;o*r 4tore04 +o327; 24""":5atM Yo* 4a2$ 4o,et52n9 a6o*t a 6at5rooo, an$ not 6e2n9 a63e to"""
5 A4>e$ an$ an4:ere$"""9o on
7 O>a; 4o 24 2t ;o*r 4tore04 +o327; t5at 2f ;o* aren0t a63e to re7o#er t5e 2te,4 ;o* 4t233 a44ert an$
affe7t an arre4t 75ar92n9 t5at t5e 2te,4 :ere 4to3enM
F 1233 ;o* a4> t5e 8*e4t2on a9a2nM
C Yea5" Ho: $o ;o* >no: t:o +a7>a9e4 :ere 4to3en 2f ;o* on3; re7o#ere$ +art of oneM
F I ,a$e an a44*,+t2on t5at 6ot5 :ere 4to3en"
C An$ $2$ ;o* 5a#e an; e#2$en7e of t5at a44*,+t2onM
F 6o$ sele!ted a"d !o"!ealed t(e !o"te"ts of t*o &a!-ages.."t(at *as 'y ass$'&to". T5e
+a7>a9e4 :ere t5ro:n 2n t5e 9ar6a9e :5275 :o*3$ ren$er *4 *na63e to a77o*nt for t5e,"""
=@:.-:B' +"," THIS IS INTERESTING BECAUSE HERE FRONTINO CLASSIFIES HIS
TESTIMONY AS BOTH AN EYE 1ITNESS ACCOUNT OF COUGH DROPS BEING
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MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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CONSUMED ONLY TO THEN CHARACTERIZE THE DECISION TO CHARGE FOR THE
COUGH DROPS AS TO BE PREMISED UPON HIS FASSUMPTIONG THAT HE MADE THAT
THE COUGH DROPS 1ERE CONSUMED IN THE RESTROOM"""SO 1HICH IS IT
FRONTINO DID YOU ACTUALLY PERCEIVED THE CONSUMPTION 1ITH YOUR O1N
EYES OR DID YOU HAVE TO FASSUMEG THEY 1ERE CONSUMED 1HILE THE SUSPECT
1AS IN THE RESTROOMM)
=@:.-:@. +",")
7 1e33 2f t5e 7ontent4 of t:o +a7>a9e4 :ere 4to3en e#en 2f 4o,e of t5e, :ere 7on4*,e$"""4*re3; ;o*
:o*3$ 5a#e re7o#ere$ 4o,e :ra++2n94 or 4o,et52n9 t5at :o*3$ a$$ *+ to t:o +a7>a9e4 2n72$ent to
t5e 2,+er,244263e 4ear75 :o*3$n0t ;o*M Yet ;o* $2$n0t" 0o* s t(at &ossble to say 4t*o *ere
!o"!ealed+ yet o"ly &art of o"e *as re!o)ered $&o" a f$ll sear!(5"
=@:.':<< +"," NEST IT IS INTERESTING TO NOTE THAT FRONTINO SAYS F1HETHER
THE REST 1ERE EATEN OR THE REST 1ERE FLUSHED IN THE TOILET"""G 1HICH
INDICATES A LACK OF CERTAINTY AS TO 1HETHER THEY 1ERE EATEN OR
CONSUMED"""YET CUST A MINUTE AGO FRONTINO AFTER APPARENTLY DEDUCING
THAT THE CASE 1OULD BE MUCH STRONGER IF HE 1OULD CUST SAY HE SA1 THE
COUGH DROPS BEING CONSUMED DID IN FACT TESTIFY THAT HE 1AS AN EYE
1ITNESS TO THE COUGH DROPS BEING CONSUMED""""1HICH BEGS THE !UESTION:
1HY DOES FRONTINO THEN TALK ABOUT HO1 HE MADE AN FASSUMPTIONG AND
THEN GO ON TO POSTULATE AS TO F1HETHER THE REST 1ERE EATEN OR THE REST
1ERE FLUSHED IN THE TOILET"""1ALMART LOST THAT PROPERTY""""G)
f 15et5er t5e re4t :ere eaten or t5e re4t :ere f3*45e$ 2n t5e to23et 1a3,art 3o4t t5at +ro+ert;"
C So+ o" *(at bass do yo$ !all t(e State do*" to arrest so'ebody9
=@:.':B% +"," ^ 32>e 2n4tan7e4 32>e )
F #ased $&o" t(e !(o!olate bar+ % 'ade t(at state'e"t !lear earler.
C O>a; 6*t ;o* 4t233 75ar92n9 t:o +a7>a9e4 of 7o*95 $ro+4 :5ere ;o* 5a#e "ot("g b$t a"
ass$'&to" to 4+ea> to one an$ a 5a3f +a7>a9e4 :ort5 of t5e 7ontent4 of t5e 7o*95 $ro+4"
H !*e4t2onM
C Yes+ do yo$ (a)e a"yt("g to s$&&ort *(at *as !(arged+ t(at t*o *ere stole" *(e" yo$ o"ly
re!o)ered after f$ll sear!( *(at yo$ allege to be (alf t(e !o"te"ts of o"e9
Roberts ob7e!to" as-ed a"d a"s*ered
0o*ard f yo$ !a" res&o"d &lease do
fro"t"g "o % 'ostly (a)e % bele)e % stated earler % ass$'ed yo$ (ad re'o)ed bot( fro' t(e
fa!lty be!a$se yo$ t(re* t(e &a!-ag"g to bot( a*ay a"d !o"!ealed bot(+ $'+ yo$ dd
!o"s$'ed so'e " t(e fa!lty % dd"3t !o$"t (o* 'a"y t(at *as
Co*9532n o>a; :ere ;o* e#er ,a$e a:are or 5a#e an; >no:3e$9e of an; ar9*,ent4 6et:een t5e
a77*4e$ an$ t5e 7*4to,er 4er#27e 7o*nter :2t5 re4+e7t to t5e enfor7e,ent of t5e ret*rn +o327;
Ro6ert4 o6Ee7t2on re3e#an7e
Ho:ar$ re3e#an7e an$ at t524 +o2nt 2t04 @ ,2n" after f2#e an$ 4o :e :233 en$ 7ro44 eDa,2nat2on ;o*
7o*3$ 4a#e t5at 244*e for a++ea3 or ,a>e a re7or$ t5at t524 2n8*2r; 5a4 6een re+3ete :2t5 nonAre3e#ant
re+et2t2o*4 2n8*2r; 2n 129an an$ at t524 +o2nt t5an> ;o* #er; ,*75
Ho:ar$ Ca33 ;o* neDt :2tne44
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MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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Co*9532n Can I E*4t +re4er#e ,; o6Ee7t2on t5at I 5a#e ,ore 8*e4t2on4 for t5e :2tne44 E*4t $24,244e$
Ro6ert4 I 7a33 Of7" Cra:for$ a4 a :2tne44
Co*9532n Yo*r Honor :a4 ,; *n$er4tan$2n9 7o*rt 5o*r4 en$ at f2#eM 24 t5at not t5e 7a4e n*73ear to
5a#e +r2or 7o,,2t,ent4
Ho:ar$ :e are 9o2n9 to 7ont2n*e on I t52n> I to3$ ;o* ear32er :5en I 4a2$ :e :ere 7an 5a#e t524
,atter re4o3#e$ ton295t
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Ho:ar$ t233 :e f2n245
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Ho:ar$ :233 7ont2n*e :233 7ont2n*e
Co*9532n I $on0t >no: t5at I 7an 4tate Yo*r Honor
Ho:ar$ +ro7ee$ :2t5 ;o*r 7a4e
Ro6ert4 off27er Cra:for$ +3ea4e +3ea4e 4tate ;o*r f*33 na,e an$ 4+e33 ;o*r 3a4t na,e for t5e re7or$
Cra:for$ Ka,eron Lane Cra:for$
Co*9532n Yo*r Honor ,a; I *4e t5e re4troo, 2n
Ho:ar$ :233 ta>e 2t ;o*0#e 9ot *nt23 @<. $on0t 6e 3ate
Co*9532n ,; 73o7> 4a;4 2t04 a t2,e no:
Ho:ar$ S2r ;o* 6etter 9et 9o2n9 an$ ;o*0#e 9ot *nt23 f2#e ten on t524 73o7> r295t 5ere :e are 9o2n9 to
+ro7ee$ at t5at t2,e t5e 7o*rt :233 re,a2n on t5e 6en75 =@:<.:@B +",")
Ho:ar$ :e are 6a7> on t5e re7or$ 2t 24 a++roD2,ate3; @<< an$ :e :233 +ro7ee$ M4" Ro6ert4
Ro6ert4 off27er Cra:for$ :5at 24 ;o*r Eo6
Cra:for$ IMO tr26a3 +o327e off27er for t5e Reno S+ar>4 In$2an 7o3on;
Ro6ert4 an$ 5o: 3on9 5a#e ;o* 6een e,+3o;e$ :2t5 t5e In$2an Co3on9;
Co*9532n E*4t 8*27>3; I :233 enter ,; o6Ee7t2on4 for t5e re7or$ :2t5 re9ar$ to an;t52n9 off27er
Cra:for$ ,a; :245 to te4t2f; :2t5 *n$er t5e eD73*42onar; r*3e o6Ee7t2on4 are
Ho:ar$ I 7an0t 5ear ;o* 42r
Co*9532n I a, 4orr; Yo*r Honor I a, #er; 3295tA5ea$e$ an$ I t52n> I nee$ to eat 4o,et52n9 ,; 63oo$
4*9ar 24 I0, 5a#2n9 tro*63e I a, #er; t2re$ an$ 3295t5ea$e$ I +ro6a63; nee$ to eat 4o,et52n9
Ho:ar$ I 7an 5ear ;o* no: 9o a5ea$
C I :a4 re4tat2n9 ,; o6Ee7t2on4 for t5e re7or$ t5at :e0#e 9one o#er 4o,e 32n> :2t5 Mr" Front2no 6*t
no: :245 to a++3; t5e, to off27er Ca,eron Cra:for$ ;o* >no: a33 t5e eD73*42onar; r*3e o6Ee7t2on4
Ho:ar$ S2r I a, 5a#2n9 $2ff27*3t; *n$er4tan$2n9 :5at ;o*r o6Ee7t2on 24 t5e 72t; 2,+o4e$ an$
re8*e4te$ t5e r*3e of eD73*42on I 9rante$ t5at 4o :5at 24 ;o*r 75e7> 452,4 to t524 :2tne44
Co*9532n t5e 72t; re8*e4te$ a ro3e of eD73*42onM
Ho:ar$:
Ro6ert Yo*r Honor I re8*e4te$
Co*9532n I0, 7onf*4e$ I :5275 2n7ar7erate$ t5e2r 9oa34M T5e; :ant a r*3e of eD73*42onM
Ho:ar$ :5at 24 ;o*r o6Ee7t2on4 S2rM
Co*9532n :e33 I a, 4ee>2n9 to eD73*$e fro, 6e2n9 entere$ 2nto e#2$en7e fr*2t of t5e +o24ono*4 tree
t5e a33e9e$ fr*2t
Ho:ar$ t5at re8*e4t 24 $en2e$ o#err*3e$ 9o a5ea$ +3ea4e
Ro6ert4 off27er Cra:for$ 5o: 3on9 5a#e ;o* 6een e,+3o;e$ 6; t5e Reno S+ar>4 2n: e295t
Cra:for$ a 32tt3e o#er t5ree ,ont54 no:
Ro6ert4 on Se+te,6er % of B.<< re#2e:2n9 tra2n2n9
Cra:for$ I :a4 ;e4
Ro6ert4 an$ Hoo42er tra2n2n9 off27er
- '(?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01507
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Cra:for$ off27er Donn2e Bra*n :ort5
Ro6ert4 an$ 524 CD off27er t5at 4o,e 5a33:a;
Cra:for$ ;e4
Ro6ert4 an$ :ere UN off27er Bra*n:ort5 $24+at75 to B&B@ E" Bn$ St" t5e 1a3,art 3o7ate$ t5ere
Cra:for$ ;e4
Ro6ert4 an$ 24 t5at 1a3,art 2n t5e 72t; of Reno =@:<':&' +"," IT IS INTERESTING TO NOTE
THAT ROBERTS DOES NOT RE!UEST HERE FOR THE COURT TO TAKE CUDICIAL
NOTICE AS TO CURISDICTION AND THERE IS A SALIENT POINT IN DISPUTE 1ITH
RESPECT TO 1HETHER THE CITY NEEDED TO ESTABLISH THAT COUGHLIN HAS NO
INDIAN OR TRIBAL BLOOD OR AFFILIATION AND THAT TRIBAL COURT IS NOT THE
APPROPRIATE FORUM FOR SUCH AN ARREST 1HERE AS HERE IT o77*rre$ ON TRIBAL
LAND)
Cra:for$ ;e4 2t 24"
Ro6ert4 an$ :5en ;o* arr2#e$ t5ere :2t5 off27er Bra*n:ort5 $2$ ;o* 7o,e 2n 7onta7t :2t5 t5e 4*4+e7t
for 45o+32ft2n9
Cra:for$ ;e4 :e $2$
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Cra:for$ :233 2n t5e 1a3,art 4e7*r2t; off27e
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7onta7t :2t5 t5e 4*4+e7t
Cra:for$ ;e4 5e :a4
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7o*rtroo, to$a;
Cra:for$ ;e4 5e 24
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Cra:for$ 24 :ear2n9 a $ar> 7o3ore$ 4o*+ :2t5 t5e $ar>A7o3ore$ 452rt an$ a 4ett2n9 :5ere t5e $efen$ant
:o*3$ 6e 42tt2n9
Ho:ar$ t5e re7or$ :233 ref3e7t t5at Cra:for$ 2$ent2f2e$ Mr" Co*9532n
Ro6ert4 :5en ;o* f2r4t ,a>e 7onta7t :2t5 Mr" Co*9532n 5a$ ;o* on :a4 5e 4tan$2n9 42tt2n9 or :5at
Cra:for$ 5e :a4 42tt2n9 $o:n on a 6en75
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Ro6ert4
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7ra:for$ I $2$ a4> 52, 8*e4t2on4
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Cra:for$ I a$#24e$ 52, :5; I :a4 t5ere t5at 1a3,art 5a$ 7a33e$ 6e7a*4e t5e; 4*4+e7te$ 5e 5a$ ta>en
+ro+ert; I t5en to3$ 52, t5at 2t :a4 ,; $e7242on to e2t5er :r2te *+ t5e 72tat2on or ta>e 52, to Ea23 an$
t5at I :o*3$ +refer to :r2te 52, a 72tat2on 4o I $2$n0t Ea, *+ o*r Bo*3e#ar$ :2t5 *nne7e44ar; +eo+3e
9o2n9 *+ t5ere=@:<%:B/ +",") I a4>e$ 52, 4+e72f27 8*e4t2on4 6e7a*4e 5e $2$ not 5a#e ID on 52, at t5e
t2,e I a4>e$ 52, 8*e4t2on4 32>e :5at R275ar$ $ate of 62rt5 :5ere $o ;o* 32#e 4o I 7o*3$ r*n t5e,
t5ro*95 $24+at75 to ,a>e 4*re 5e $2$n0t 5a#e an; :arrant4 a34o to f233 o*t t5e 72tat2on of 5e ref*4e$ to
+ro#2$e t5o4e +ro#2$e t5at 2nfor,at2on
- '&?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01508
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=THIS 1HOLE BUSINESS ABOUT PREFERRING TO 1RITE A CITATION SEEMS ALL THE
MORE PHONY IF 1RITING A CITATION 1OULD NOT TYPICALLY ENTAIL
CONDUCTING A SEARCH INCIDENT TO ARREST)
Ro6ert 4o 2n or$er to 72te 4*,,on4e$ arre4t ;o* nee$ o*t 7erta2n 2nfor,at2on to f233 o*t t5e 72tat2on
Cra:for$ 9*e4t ,*4>rat
Ro6ert4 an$ :5at +2e7e4 of 2nfor,at2on ;o* nee$ to 5a#e
Cra:for$ $ate of 62rt5 So72a3 Se7*r2t; n*,6er +3a7e of e,+3o;,ent 7onta7t +5one n*,6er 4t*ff
32>e t5at
Ro6ert4 t5e2r f*33 na,eM
Cra:for$ t5e2r f*33 na,e ;e4
Ro6ert4 an$ $2$ 5e +ro#2$e an; of t5at to ;o* :5en ;o* a4>e$
Cra:for$ 5e $2$ +ro#2$e 524 f*33 na,e ;e4
Ro6ert4 4o ot5er t5an 524 f*33 na,e 5e $2$n0t +ro#2$e ;o* :2t5 an; ot5er 2nfor,at2on for ;o* to f233
o*t t5e 72tat2onM
Cra:for$ I 6e32e#e 5e ,a; 5a#e +ro#2$e$ 524 a$$re44 or t5e 72t; ;o* 32#e I a+o3o92Le ,a; +ro#2$e t5e
72t; 5e 32#e$ anot5er one t5at 5e ref*4e$ a33 8*e4t2on4
Ro6ert4 4a2$ t5ere :a4 2n4*ff272ent 2nfor,at2on to 244*e a 72tat2on
Cra:for$ no ,aa,
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Cra:for$ off27er Bra*n :ort5 a4>e$ 52, 2f 5e 5a$ an; :ea+on4 on 52, 5e 4a2$ 5e $2$ not :e a4>e$
52, 2f :e 7o*3$ 9o a5ea$ an$ ,a>e 4*re t5at 5e $2$ not 5a#e an; :ea+on4 on t5e, 5e 4a2$ :e 7o*3$
Ro6ert4 o>a; 3et ,e a4> ;o* an$ 3et ,e 4to+ ;o* E*4t r295t t5ere at t524 +o2nt ;o* >no: 5e04 t5ere for
:5at t;+e of 75ar9e
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7*4to$; a4> :5et5er not t5e; 5a#e an; :ea+on4
Cra:for$ ;e4 2t 24
Ro6ert4 an$ 24 2t ro*t2ne for ;o* to 7onf2r, a44*,2n9 t5e; 7on4ent to Pat Donna ,a>e 4*re t5at t5e;
$on0t 5a#e an; :ea+on4
Cra:for$ ;e4 2t 24
Ro6ert4 an$ t5at04 :5at ;o* $o :2t5 t524 +art27*3ar 4*4+e7tM
Cra:for$ 7orre7t3; to3$ ,e not to 9o 2nto 524 +o7>et4 6*t t5at I 7o*3$ 4ear75 for :ea+on4 4o I 4ear75
t5e o*ter 73ot52n9 of 524 +o7>et4 to ,a>e 4*re 5e $2$n0t 5a#e an; :ea+on4 5e $2$ not 5a#e :ea+on4
Ro6ert4 4o 5e 32,2te$ 524 7on4ent
Cra:for$ ;e4 5e $2$
Ro6ert4 an; re4+e7t to t5at 32,2tat2on
Cra:for$ ;e4 ,a0a,
Ro6ert4 $2$ t5at 5a++en 6efore or after ;o* :ere a4>2n9 52, 8*e4t2on4 7on7ern2n9 t5e 2nfor,at2on
;o* nee$e$ to f233 o*t t5e 72tat2onM
=@:B<:@< +",")
Cra:for$ after
Ro6ert4 at 4o,e +o2nt $2$ ;o* 7ont2n*e to tr; to 9et 2nfor,at2on 4o t5at 45e 7o*3$ f233 o*t a 72tat2on
Cra:for$ I 6e32e#e I a4>e$ 52, 4e#era3 t2,e4 for 2nfor,at2on an$ tr2e$ to eD+3a2n to 52, t5at t5e
72tat2on :o*3$ 6e 6etter t5at 2t :o*3$ 6e 6etter to ta>e a 72tat2on t5an 9o2n9 to Ea23 a33 5e 5a$ to $o :a4
- '@?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01509
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+ro#2$e ,e t524 2nfor,at2on" H24 ar9*,ent :a4 t5at 2t :a4 t5e 4a,e eDa7t 75ar9e an$ t5at I :a4n0t
5e3+2n9 52, an$ a33" I 4a2$ :e33 2t ;o* :o*3$n0t 5a#e to 9o to Ea23 ;o* 7o*3$ 9o 5o,e ton295t an$ 5e
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=@:BB:<< +",")
= Here Off27er Cra:for$ 24 3;2n9 *n$er oat5" He 24 atte4t2n9 t5at 5e offere$ to 42,+3; :r2te a 72tat2on
an$ t5*4 4+are t5e a77*4e$ t5e 7*4to$2a3 arre4t 2f on3; t5e ACCUSED 1OULD FPROVIDE HIS
INFORMATIONG AND SPECIFICALLY OFFICER CRA1FORD IS INDICATING THAT HE
DID NOT PREMISE THE DECISION BET1EEN ISSUING A CITATION OR EFFECTING A
CUSTODIAL ARREST =AND OF COURSE CONDUCTING A SEARCH INCIDENT THERETO
THAT ARREST) UPON 1HETHER OR NOT THE SUSPECT ADMITTED GUILT AS TO THE
PETTY LARCENY CHARGE" HO1EVER THAT IS ESACTLY 1HAT HAPPENED ON
SEPTEMBER %TH B.<< AT 1ALMART" BOTH FRONTINO AND CRA1FORD
SPECIFICALLY INDICATED TO THE ACCUSED THAT IF HE 1OULD ONLY ADMIT HIS
GUILT THEY 1OULD ISSUE HIM A CITATION AND THEREFORE HE COULD AVOID A
TRIP TO PARR BOULEVARD AND A SEARCH INCIDENT TO ARRESTK" THIS IS LIKELY
THE MAIN APPEALABLE ISSUE IN THIS CASE IE 1HETHER THE POLICE CAN BASE
THE DECISION TO ARREST RATHER THAN ISSUE A CITATION UPON 1HETHER OR
NOT THE SUSPECT CONFESSES GUILT RATHER THAN UPON SOME REASONABLY
ARTICULATED SUSPICION)")
Ro6ert4 o>a; 4o on7e 5e a4>e$ for t5e attorne; :a4 :a4 ;o*r $e7242onA,a>2n9 +ro7e44M
Cra:for$ I a$#24e$ 52, t5at I 7o*3$ no 3on9er a4>2n9 an; 8*e4t2on4 I ,ean I 7o*3$ 5a#e a4>e$ 52,
8*e4t2on4 re3ate$ to $ate of 62rt5 an$ 4t*ff 32>e t5at 6*t I 7o*3$n0t a4>2n9 8*e4t2on4 a6o*t t5e 7r2,e an$
t5en +3a7e$ 52, *n$er arre4t for +ett; 3ar7en; 6e7a*4e 5e ref*4e$ to 92#e t5e 2nfor,at2on to f233 o*t
t5e 72tat2on or to r*n 524 na,e for :arrant4 an$ 5e :a4 +3a7e$ *n$er arre4t at t5e t2,e"
=@:BB:&@ +"," THE ABOVE REPRESENTS 1HAT I FIND MOST OBCECTIONABLE ABOUT
THIS CASE" COUGHLIN =ACCORDING TO BAR COUNSEL PATRICK O" KING COUGHLIN
FUSED TO BE AN ATTORNEYG AND KING THINKS ITS CUST FTERRIBLEG SAID IN A
REAL MOCKING?DERISIVE TONE BY KING TO COUGHLIN THAT COUGHLIN IS FNO
LONGER AN ATTORNEYG"""KING ALSO HAS MADE A GREAT DEAL OF FALSE AND
MISLEADING STATEMENT TO AND ABOUT COUGHLIN AND REFUSED TO PROVIDE
COUGHLIN COPIES OF MOST OF 1HAT 1AS PROVIDED TO KING INCIDENT TO THE
VARIOUS FGRIEVANCESG FILED BY RICHARG G" HILL ES!" AND CUDGE DOROTHY
NASH HOLMES =1HOSE BOUNTY OF MATERIALS PROVIDED TO KING INCLUDE ITEMS
THAT HOLME0S FELLO1 RENO MUNICIPAL COURT CUDGE HONORABLE CUDGE
1ILLIAM GARDNER RECEIVED FROM #! !$%&' SECOND CUDICIAL DISTRICT COURT
CUDGE LINDA GARDNER IN THE FORM OF A ( YEAR OLD SANCTION ORDER ISSUED
BY HON" LINDA GARDNER AGAINST COUGHLIN FOR 1HICH COUGHLIN FILED A
PETITION FOR 1RIT OF MANDAMUS AND 1AS ACCORDING TO HIS THEN
EMPLOYER 1ASHOE LEGAL SERVICES AND ITS ESECTUTIVE DIRECTOR PAUL
ELCANO FIRED FOR AND ONLY FOR THE CONDUCT BEFORE CUDGE LINDA
GARDNER THAT LED TO HER ISSUING SANCTIONS AGAINST COUGHLIN IN A DIVORCE
- '-?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01510
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TRIAL 1HEREIN HE REPRESENTED A VICTIM OF DOMESTIC VIOLENCE INCIDENT TO
HIS POST AS A DOMESTIC VIOLENCE ATTORNEY 1ITH 1LS")
Co*9532n 4orr; I E*4t :o*3$ 32>e to 2nterEe7t 5ere :2t5 an o6Ee7t2on to t5e eDtent t5at an; 2nfor,at2on
93eane$ a re7o#ere$ for an arre4t for a ,24$e,eanor t5at $2$ not o77*r :2t52n t5e off27er4 +re4ent
45o*3$ 6e eD73*$e$ t5e a7t*4 re*4 2n#o3#e$ 2n t524 7r2,e 75ar9e 24 a33e9e$ to 5a#e o77*rre$ o*t42$e of
t524 off27er4 +re4en7e an$ NRS +ro#2$e4 t5at 2f t5at 24 t5e 7a4e no 7*4to$2a3 arre4t 24 +er,244263e a4
4*75 an; 4ear75 2n72$ent to arre4t an; 4*75 7*4to$2a3 arre4t 45o*3$ 6e eD73*$e$
Ho:ar$ M4" Ro6ert4
Ro6ert4 Yo*r Honor t524 off27er atte,+te$ to 6*23$ t5e 244*e t5e 4*4+e7t a 72tat2on an$ 2t04 524 o:n
a7t2on4 t5at +re#ente$ 52, fro, $o2n904 E*4t t5at 6e7a*4e 5e 7an0t f233 o*t t5e 72tat2on 2f 5e $oe4n0t
>no: t5e 2nfor,at2on t5at t5e $efen$ant 2n t5e 4*4+e7t 2n t524 7a4e :a4 *n:2332n9 to 92#e to 52, t5ere
:a4 a 7o,+3a2nant t5at o64er#e$ t5e ,24$e,eanor a7t2on an$ :5at 5e 24 $o2n9 24 affe7t2n9 arre4t
6a4e$ *+on 4tate,ent of an e;e:2tne44 t5at :a4 r295t t5ere I $on0t 6e32e#e t5ere :a4 an *n3a:f*3 arre4t
6; t524 +o327e off27er"
=@:B&:.B +",")
Ho:ar$ t5e o6Ee7t2on 24 o#err*3e$ Mr" Co*9532n +re72+2tate$ t5e nee$ to arre4t 52, 6; ref*42n9 to
+ro#2$e t5e nee$e$ 2nfor,at2on for t5e 72tat2on 9o a5ea$
Ro6ert4 Of7" Cra:for$ :5en ;o* after ;o*
Co*9532n on E*4t Internet o6Ee7t2on t5at t5at 24 a fa7t*a3 $eter,2nat2on t5at 5a4 a++arent3; 6een r*3e$
*+on +r2or to an; 7o*nter e#2$en7e t5e 29n2te$ or ,; 6e2n9 92#en an; 75an7e to 4o a$,2t 4*75 7o*nter
e#2$en7e
Ho:ar$ ;o* :233 5a#e an o++ort*n2t; to 7ro44AeDa,2ne t524 :a4
Ro6ert I E*4t :on$ere$ 5o: 3on9 2t :a; 6efore I 9ot 2nterr*+te$ 6efore I a4>e$ ,; neDt 8*e4t2on
=@:B&:.@ +",)
Ro6ert4 Of7" Cra:for$
Ho:ar$ 3et ,e 4a; an$ t524 24 for ;o*r 6enef2t on7e a9a2n :e :233 5a#e a 5ear2n9 2n re9ar$ to 7ontent
on7e t524 +ro7ee$2n9 24 7on73*$e$ 4o e#er; t2,e ;o* en9a9e 2n one of t5e4e *n+rofe442ona3 a7t4 I0,
>ee+2n9 7o*nt an$ :e :233 a$$re44 t5e, at t5e en$ of t524 tr2a3 o"e t("g (as "ot("g to do *t( t(e
ot(er I :233 ,a>e a 4e+arate an$ 2n$e+en$ent $e7242on 2n re9ar$ to 9*23t or 2nno7en7e 6*t I 5a#e
a3rea$; ,a$e a f2n$2n9 2n re9ar$ to 7onte,+t :2t5 t5at 9o a5ea$ an$ +ro7ee$
Co*9532n an$ I033 enter an o6Ee7t2on :2t5 re9ar$ to t5e fa7t t5at"""
Ho:ar$ % do"3t *a"t to (ear a"yt("g fro' yo$ at t(s &o"t t'eALQROJJRQOAJMN
Co*9532n at t5e +o4426232t; of Ea23 t2,e eD24t I 5a#e a r295t to 7o*n4e3
=So THAT MAY BE THE EVEN BIGGER APPEALABLE ISSUE HERE" FALSE
IMPRISONMENT
NRS B.."&-. Def2n2t2onK +ena3t;"
<" Fa34e 2,+r24on,ent 24 an *n3a:f*3 #2o3at2on of t5e +er4ona3 326ert; of anot5er an$
7on424t4 2n 7onf2ne,ent or $etent2on :2t5o*t 4*ff272ent 3e9a3 a*t5or2t;"
- ''?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01511

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B" A +er4on 7on#27te$ of fa34e 2,+r24on,ent 45a33 +a; a33 $a,a9e4 4*4ta2ne$ 6; t5e
+er4on 4o 2,+r24one$ an$ eD7e+t a4 ot5er:24e +ro#2$e$ 2n 4*64e7t2on ( 24 9*23t; of a
9ro44 ,24$e,eanor"
NRS <'<"<B- Arre4t 6; +r2#ate +er4on"
A +r2#ate +er4on ,a; arre4t anot5er:
<" For a &$bl! offe"se !o''tted or atte'&ted " (s &rese"!e"
B" 15en t5e +er4on arre4te$ 5a4 7o,,2tte$ a fe3on; a3t5o*95 not 2n 524 +re4en7e"
(" 15en a fe3on; 5a4 6een 2n fa7t 7o,,2tte$ an$ 5e 5a4 rea4ona63e 7a*4e for
6e32e#2n9 t5e +er4on arre4te$ to 5a#e 7o,,2tte$ 2t"
C2t; Attorne; Ro6ert4 offere$ te4t2,on; fro, 6ot5 Front2no an$ Off27er Cra:for$
+*r+ort2n9 to e4ta63245 t5at Front2no $2$ not ,a>e a 72t2Len04 arre4t" Ho:e#er Front2no $2$ 2nfor,
Co*9532n 2n an eDtre,e3; 5o4t23e an$ a*t5or2tat2#e tone t5at Co*9532n F5a$G to F7o,e :2t5G
Front2no 6a7> to t5e 3o44 +re#ent2on roo, 2n or$er for 1a3AMart to F7o,+3ete t524 2n#e4t29at2onG"
Co*9532n 73ear3; fe3t 5e 5a$ no 75o27e 2n t5e ,atter an$ t5at an; fa23*re to 7o,+3; :2t5 Front2no04
$27tate4 :o*3$ 6e e8*2#a3ent to re424t2n9 a 45o+>ee+er04 +r2#23e9e to ,a>e a t;+e of 72t2Len04 arre4t"
To t5e eDtent 1a3AMart an$ Front2no are #2e:e$ to 5a#e ,a$e t5e arre4t *n$er NRS <'<"<.& t5en
Co*9532n 73ear3; =6ot5 of t5e Interro9at2on Roo, #2$eo4 e4ta63245 t5at Co*9532n 5an$e$ 524 State of
Ne#a$a $r2#er04 327en4e to Off27er Cra:for$ $e4+2te Off27er04 Cra:for$4 4:orn eD+re44 te4t2,on;
to t5e 7ontrar;" In 4o $o2n9 an$ +ro#2$2n9 524 na,e an$ a$$re44 to Off27er Cra:for$ =an$
Co*9532n04 a$$re44 24 73ear3; 2n$27ate$ on 524 $r2#er04 327en4e a4 :e33) Co*9532n +ro#2$e$ a33 t5e
re8*2re$ 2nfor,at2on 4et fort5 2n NRS <'<"<''& for t5e 244*an7e of a 72tat2on after arre4t 6; a
+r2#ate +er4on *n$er NRS <'<"<''B"
NRS <'<"<.& Arre4t $ef2ne$K 6; :5o, ,a$e"
An arre4t 24 t5e ta>2n9 of a +er4on 2nto 7*4to$; 2n a 7a4e an$ 2n t5e ,anner a*t5or2Le$
6; 3a:" A" arrest 'ay be 'ade by a &ea!e off!er or by a &r)ate &erso""
NRS <'<"<''B %ss$a"!e of !tato" after arrest by &r)ate &erso".
15ene#er an; +er4on 24 arre4te$ 6; a +r2#ate +er4on a4 +ro#2$e$ 2n NRS <'<"<B- for
an; #2o3at2on of a 7o*nt; 72t; or to:n or$2nan7e or 4tate 3a: :5275 24 +*n245a63e a4 a
,24$e,eanor s$!( &erso" arrested 'ay be ss$ed a 'sde'ea"or !tato" by a
&ea!e off!er " le$ of be"g ''edately ta-e" before a 'agstrate by t(e &ea!e
off!er f:
<" T(e &erso" arrested f$r"s(es satsfa!tory e)de"!e of de"ttyK an$
B" T5e +ea7e off27er 5a4 reaso"able gro$"ds to 6e32e#e t5at t5e +er4on arre4te$ :233
>ee+ a :r2tten +ro,24e to a++ear 2n 7o*rt"
NRS 171.177: For' a"d !o"te"ts of !tato"2 ?(e" ss$ed after arrest by &r)ate
&erso".
<" In t5o4e 2n4tan7e4 $e47r26e$ 2n NRS <'<"<''B t5e +ea7e off27er 4*,,one$ after t5e
arre4t 45a33 +re+are a ,24$e,eanor 72tat2on ,an*a33; or e3e7tron27a33; 2n t5e for, of a
7o,+3a2nt 244*2n9 2n t5e na,e of FT5e State of Ne#a$aG or 2n t5e na,e of t5e
re4+e7t2#e 7o*nt; 72t; or to:n an$ 7onta2n2n9:
- '/?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01512


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=a) A not27e to a++ear 2n 7o*rtK
=6) T(e "a'e a"d address of t(e &erso"C
=7) T5e 4tate re924trat2on n*,6er of 524 #e5273e 2f an;K
=$) T5e offen4e 75ar9e$ 2n73*$2n9 a 6r2ef $e47r2+t2on of t5e offen4e an$ t5e NRS or
or$2nan7e 72tat2onK
=e) T5e t2,e :5en an$ +3a7e :5ere t5e +er4on 24 re8*2re$ to a++ear 2n 7o*rtK
=f) S*75 ot5er +ert2nent 2nfor,at2on a4 ,a; 6e ne7e44ar;K an$
=9) T5e 429nat*re4 of t5e +r2#ate +er4on ,a>2n9 t5e arre4t an$ t5e +ea7e off27er
+re+ar2n9 t5e 72tat2on"
NRS <'<"<B& Arre4t 6; +ea7e off27er or off27er of Dr*9 Enfor7e,ent A$,2n24trat2on"
<" ED7e+t a4 ot5er:24e +ro#2$e$ 2n 4*64e7t2on ( an$ NRS ((".'. an$ (("(B. a
+ea7e off27er or an off27er of t5e Dr*9 Enfor7e,ent A$,2n24trat2on $e429nate$ 6; t5e
Attorne; Genera3 of t5e Un2te$ State4 for t5at +*r+o4e ,a; ,a>e an arre4t 2n
o6e$2en7e to a :arrant $e32#ere$ to 52, or 5er or ,a; :2t5o*t a :arrant arre4t a
+er4on:
=a) For a +*6327 offen4e 7o,,2tte$ or atte,+te$ 2n t5e off27erP4 +re4en7e"
=6) ?(e" a &erso" arrested (as !o''tted a felo"y or gross 'sde'ea"or+
alt(o$g( "ot " t(e off!erSs &rese"!e.
NRS <'<"<B&=<)=6): F=6) 15en a +er4on arre4te$ 5a4 7o,,2tte$ a fe3on; or 9ro44
,24$e,eanor a3t5o*95 not 2n t5e off27erP4 +re4en7eG :a4 73ear3; #2o3ate$ 5ere 6; Off27er4 Cra:for$
an$ Bra*n:ort5" T5e 75ar9e$ 7r2,e F+ett; 3ar7en;G RMC /"<.".<. 24 a 42,+3e ,24$e,eanor an$
2t :a4 not a33e9e$ to 5a#e o77*rre$ 2n t5e off27er04 +re4en7e" Enter Off27er Cra:for$04 +erE*r; a6o*t
Co*9532n fa232n9 to +ro#2$e Off27er Cra:for$ 524 327en4e" Enter a nat2ona33; +*63245e$ A44o72ate$
Pre44 4tor; t2t3e FReno Attorne; S*4+ene$ for S5o+32ft2n9G" Enter #a4t $a,a9e to Co*9532n04
+rofe442ona3 re+*tat2on an$ +er4ona3 32fe 2n73*$2n9 t5e 2n4tant te,+orar; 4*4+en42on an$ 3oo,2n9
D2472+32nar; Boar$ for,a3 5ear2n9" T5en t5ere 24 t5e 63oo$ 2n t5e :ater 45ar>4 32>e R275ar$ G" H233
E48" +re; *+on 3e#era92n9 to t5e2r a$#anta9e :2t5 a33 t5e 2nn*en$o t5e; 7an ,*4ter =H233 ,a$e ta7>;
a33e9at2on4 of f2n$2n9 a F7ra7> +2+e an$ a 6a9 of :ee$G 2n Co*9532n04 for,er 5o,e 3a: off27e t5o*95
H233 ne#er $2$ ,ana9e to +ro$*7e a +27t*re of 4*75 2te,4 or eD+3a2n :5at 5e $2$ :2t5 t5e, or :5; 5e
$2$ not 7a33 t5e +o327e to re+ort t5e 7r2,e of +o44e442on"""7erta2n3; R275ar$ 5a4 7a33e$ t5e Reno Po327e
De+art,ent or Bar Co*n4e3 at e#er; ot5er +o44263e o++ort*n2t; 4o""""B*t at 3ea4t H233 ,a$e 524 fa34e
$efa,ator; an$ $e73a44e a33e9at2on4 a9a2n4t one :5o, 5a4 +*t 2n t5e 5ar$ t2,e a,on94t t5o4e
3a:;er4 7on7erne$ for 3a:;er4 =an$ a fe: E*$9e4) :5o, 5a#e 4tare$ t52n94 $o:n t5at 4o,eone of
H23304 $e+t5 :o*3$ f2n$ to 6e an *nfat5o,a63e a6;44" 12t5o*t t5e a33e9e$ 7r2,e 6e2n9 7o,,2tte$ 2n
t5e2r +re4en7e t5e4e Tr26a3 Po327e Off27er4 =an$ Off27er Cra:for$ :a4 2n 524 f2r4t t:o :ee>4 on t5e
Eo6 at t5e t2,e of t524 arre4t an$ 4t233 a tra2nee :5275 24 o6#2o*4 6; t5e :a; 5e 9ra64 Co*9532n04
45o++2n9 6a9 o*t of Co*9532n04 3a+ at 3ea4t t:27e +r2or to t5e te75n27a3 +o2nt of arre4t a4 e#2n7e$ on
t5e t:o Interro9at2on Roo, #2$eo4) 5a$ to atte,+t to 9a,e t5e 4;4te, 4o,e 6; offer2n9 +erE*re$
te4t2,on; t5at 24 73ear3; 7ontra$27te$ 6; t5e t:o Interro9at2on Roo, #2$eo4 t5at +ro4e7*tor C2t;
Attorne; Pa, N2fon9 er Pa,e3a Ro6ert4 E48" offere$ to C*$9e Ho:ar$ $e4+2te t5e fa7t t5at SHE
KNE1 IS 1AS FALSE" 1HY DOESN0T BAR COUNSEL ACCEPT MY GRIEVANCE
AGAINST PAM ROBERTSM DOES SHE PLAY 1ITH SOME NET THAT THE REST OF US
SOLO PRACTITIONERS ARE NOT GRANTEDM IS SHE A PROTECTED MEMBER OF SOME
- '%?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01513
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ESTABLISHMENT LIKE ALL THE PUBLIC DEFENDERS 1HOM ARE SEEMINGLY HELD
TO AN ENTIRELY DIFFERENT STANDARD OF PROFESSIONAL CONDUCT THAN ARE
THOSE THE SUBCECT OF THE FGRIEVANCESG FILED BY RICHARD G" HILL ES!" =on
6e5a3f of for,er 732ent04 t5at H233 t5ro:4 *n$er t5e 6*4 no 3e44 an$ of 7o*r4e after 5a#2n9 eDtra7te$
4o,e OB.... 2n fee4 fro,"""") an$ C*$9e Na45 Ho3,e4M 15; 24 2t t5at Bar Co*n4e3 Patr27> K2n9 4o
8*27>3; $24,244e4 t5e #ar2o*4 9r2e#an7e4 Co*9532n f23e$ after t5e 2n4+2rat2on +ro#2$e$ 6; H233M If
Co*9532n04 3a: 327en4e 24 ta>en a:a; o#er a 7an$; 6ar a33e9e$3; 4to3en on a Sat*r$a; n295t an$
no:5ere near t5e +ra7t27e of 3a:"""t5en :5at 45o*3$ Ro6ert04 +*n245,ent 6e for offer2n9 ,ater2a3
te4t2,on; 6; a +o327e off27er t5at 45e >ne: to 6e fa34e a6o*t an 2n7re$263; 4a32ent a4+e7t of 5er 7a4e
2n 752efM
C3ear3; t5e o#er3; 75*,,; Front2no an$ Off27er04 Bra*n:ort5 an$ Off27er Cra:for$ =a33
:5o :ere +a332n9 aro*n$ :2t5 ea75 ot5er for o#er &@ ,2n*te4 2n t5e 5a33:a; +r2or to tr2a3 an$ a33 :5o
re,a2ne$ at t5e 7o*rt5o*4e *nt23 /:(. +"," to 5ear t5e #er$27t Aan$ Front2no :a4 $one te4t2f;2n9 6;
@:<. +"," an$ C2t; Attorne; Ro6ert04 2n#o>2n9 t5e r*3e of eD73*42on +re#ente$ 52, fro, +a442n9 t5e
t2,e a4 a 4+e7tator) :ere F9a,2n9G t5e 4;4te, :2452n9 to effe7t a 4ear75 2n72$ent to a 7*4to$2a3
arre4t an$ to 7o#er t5e2r tra7>4 after:ar$4 to ,a>e 2t a33 a++ear 6; t5e 6oo> :5at :2t5 t5e2r 7on4tant
*4e of 6*LL :or$4 $e32#ere$ 2n t5e 3ea4t nat*ra3 tone 2,a92na63e *+on t5e :2tne44 4tan$ 2n re4+on4e to
C2t; Attorne; Ro6ert4 +ro,+t2n9 =an$ after a 9oo$ &@ ,2n*te $oe4 of 7oa752n9 6; C2t; Attorne;
Ro6ert4 2,,e$2ate3; +r2or to tr2a3)")
Ro6ert4 Of7" Cra:for$ :5en ;o* +3a7e a 4*4+e7t *n$er arre4t :5at $2$ ;o* +5;427a33; $o :5at are t5e
4te+4 t5at ;o* ta>e to +*t 4o,eone 2n 7*4to$;
Cra:for$ on7e :e 5a#e t5e 4*4+e7t 2n 5an$7*ff4 +5;427a33; 4ear75 t5e, 5e 4ear75 2n72$ent to arre4t
+er +o327; a,on9
Ro6ert4 $2$ ;o* $o t5at 2n t524 7a4e
Cra:for$ I $2$ ;e4
Ro6ert4 an$ :5ere t5e 5an$7*ff4 +*t 2n front of t5e, are 6e52n$ 52,
Cra:for$ 6e52n$ 52,
Ro6ert4 an$ on7e ;o* +3a7e t5e, 6e52n$ 524 6a7> ;o* $2$ 7on$*7t a 4ear75 2n72$ent to arre4tM
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=@:B-:(@ +"," ITS FUNNY BECAUSE SOME MIGHT SAY THE TERRY PAT DO1N
1EAPONS SEARCH TESTIFIED TO EARLIER SHOULD HAVE ACCOMPLISHED THE
OBCECTIVES OFFICER CRA1FORD CUST MENTIONED BUT GUESS NOT"""EVEN
THOUGH AT THIS POINT THE DEFENDANT 1OULD HAVE HIS HANDS CUFFED BEHIND
HIS BACK)
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MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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- /<?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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on t5e a77*4e$ or offer to an$ f*rt5er ne9329en7e :a4 eD5262te$ 2n ;o*r fa23*re to $o 4o on7e t5e
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- /B?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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HAVE HAPPENED MISED 1ITH FACTUAL TIDBITS CONNOTING CERTAINTY DRESSED
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- /(?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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- /&?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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- /'?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
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- //?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01522
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MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01523
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f2na33; ,a>e 2t4 :a; 6a7> to Co*9532n 4o,e (' $a;4 3ater :2t5 a33 t5e $ata :2+e$"""t5at Mar45a3
Co++a 4ent t5e State Bar of Ne#a$a a 3etter 7o,+3a2n2n9 t5at Co*9532n :ante$ to 4ee t5e $o7>et 2n a
RMC 7a4e an$ t5at Co*9532n :a4 Ha4>2n9 8*e4t2on4H an$ 4t*ff an$ E*4t 9enera33; not 9ett2n9 t5e
:5o3e +o327e 4tate t52n9 Mar45a33 Co++a an$ Har3e; et a3 32>e to 9et on :2t5 $o:n t5ere at t5e RMC"
Co*9532n04 P*6327 Defen$er B2ra; Do9an E48" an$ 524 6o44 Cere,; Bo43er an$ C2, Le432e
5a#e ref*4e$ to re4+on$ to Co*9532n04 2n8*2r2e4 a4 to :5; an$ :5et5er Do9an ,et :2t5 Reno
M*n272+a3 Co*rt C*$9e Dorot5; Na45 Ho3,e4 =:5o4e 4taff 7o*3$ not 3o7ate 5er for a 9oo$ &. ,2n*te4
:523e Co*9532n an$ RPD Sar9ent Co5n Tarter :a2te$ for t5e <:..+, Tr2a3 to 4tart 2n << TR B-/..
:5ere2n Tarter 5a$ 244*e$ Co*9532n t5ree traff27 t27>et4 2,,e$2ate3; after te332n9 Co*9532n to 3ea#e
R275ar$ G" H23304 off27e :5ere H233 :a4 :2t55o3$2n9 Co*9532n04 4tate 244*e$ 2$ent2f27at2on =$r2#er04
327en4e) an$ Co*9532n04 :a33ett an$ 732ent04 f23e4 a4 :e33 5a4 7o,+*ter 5ar$ $r2#e4 =at 3ea4t one 5ar$
$r2#e :a4 a77e44e$ $*r2n9 t5e - :ee>4 2t an$ Co*9532n04 732ent04 f23e4 re,a2ne$ 2n H23304 +o44e442on
=H233 5a$ to 9o on #a7at2on for - :ee>4 4o $e4+2te t5e $27tate of a 5ear2n9 :2t52n <. $a;4 of
Co*9532n04 No#e,6er <-t5 B.<< f232n9 of a Mot2on to Conte4t Per4ona3 Pro+ert; L2en *n$er NRS
&."B@(=')A=/) a 5ear2n9 :a4 not 5e3$ *nt23 De7e,6er B.t5 B.<< at :5275 t2,e C*$9e SferraLLa ,a$e
Co*9532n +a; O&/. for H4tora9e fee4H of 524 +er4ona3 +ro+ert; $e4+2te t5e fa7t t5at 2t4 :a4 on3; 4tore$
for <' $a;4 an$ :o*3$ f2t 2n a <. D (. 4tora9e 45e$ t5at :o*3$ nor,a33; 7o4t a6o*t =O<.. +er ,ont5)
an$ $e4+2te H233 5a#2n9 a$,2tte$ t5at t5e 42te of Co*9532n04 for,er 3a: off27e :a4 6*r93ar2Le$ on
De7e,6er <Bt5 B.<B an$ t5at H233 :a4 not 4*re :5at ;o* 32>e t524 92r3 5ot a33 :a4 4to3en eD7e+t t5at
5e $2$ not27e t5e -B 2n75 DLP HDTV :a4 ,2442n9 a4 :e33 a4 4o,e ot5er f3at 47reen4 5295 en$ a*$2o
- %.?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01524
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e8*2+,ent an$ t5at t5e 3a: off27e 3oo>e$ 7o,+3ete3; torn a4*n$er"
12t5 Co*9532n04 7on#27t2on 6; C*$9e4 Gar$ner an$ Na45 Ho3,e40 Reno M*n272+a3 Co*rt 7oA
E*$9e C*$9e Kennet5 Ho:ar$ =:5o, a34o 4enten7e$ Co*9532n to ( $a;4 2n Ea23 for H4*,,ar;
7onte,+t t5o*95 a++arent3; *n32>e C*$9e Na45 Ho3,e4 not 7onte,+t of a H7r2,2na3H nat*re) 2n
RMC << CR BB<'- t5e 2n72$ent to t5e 1a3AMart H7an$; 6ar an$ 7o*95 $ro+4H +et2t 3ar7en; ,atter
for :5275 Co*9532n :a4 7on#27te$ an$ 5a$ 524 3a: 327en4e 4*4+en$ re7ent3; ,a>2n9 2t 2nto a 4tor; 6;
t5e A44o72ate Pre44 =AP) +*63245e$ 2n 3o7a3e4 a4 far a:a; a4 In$2ana 2t :233 6e 2ntere4t2n9 to 4ee
:5et5er an; of t5e a6o#e ,a>e4 a 7an$; 6ar 3oo> a 32tt3e de minimis"
F2na33; t5e *n$er429ne$ a7>no:3e$9e4 t5at t524 4*6,2442on 24 rat5er 3en9t5; 5o:e#er t5e
*n$er429ne$04 an$ 524 fa,23;04 32#e4 :ere ne9at2#e3; affe7te$ 2n t5e eDtre,e 6a7> 2n B..B :5en 5e
too> t5e Fa$#27eG of t5e C5ara7ter an$ F2tne44 Co,,2ttee an$ :ent :2t5 Fone of t5e t5ree +ro 6ono
attorne;04 :e :233 +ro#2$e ;o* t5e na,e4 of"""G =on3; one na,e :a4 +ro#2$e$ 2t 7o4t O@... t5ere
eD24t4 a tran47r2+t of t5e 5ear2n9 5e atten$e$ :5ere2n 5e ,ent2on4 t5at 524 re+re4entat2on :a4 +ro
6ono t5en fa234 to 73ar2f; t5at 5e :a4 a7t*a33; 9ett2n9 +a2$ O@... an$ t5ereafter +a44e$ off t5e 7a4e
to 524 f2r4t ;ear a44o72ate :5ere*+on 2t +ro,+t3; 3an9*245e$ *nt23 a33e9e$3; t524 Co*rt $e72$e$ to
9rant Co*9532n a 327en4e 2n Se+te,6er of B..& =a4 t5e re7ent SCR <<' Pet2t2on 4tate4) 5o:e#er $*e
to t5at attorne;04 ne9329ent re+re4entat2on an an9r; 4o*n$2n9 3etter fro, t5e C5a2r,an of t5e
C5ara7ter an$ F2tne44 7o,,2ttee 2n Can*ar; B..( e44ent2a33; te332n9 Co*9532n to 8*2t 6e2n9 a 48*ea>;
:5ee3 an$ +er5a+4 anot5er 2n4tan7e of t5e D2re7tor of A$,2442on4 $e72$2n9 not to for:ar$ on 4o,e
>e; $o7*,ent +ro#2$e$ 5er to t524 Co*rt for re#2e: =a4 45e $2$ at t5e en$ of t524 Co*rt04 $efer,ent
+er2o$ 2n Se+te,6er B..( 2n 7onne7t2on :2t5 Co*9532n04 a++327at2on for a 327en4e to +ra7t27e
3a:""")"""4o t5e *n$er429ne$ 4*6,2t4 t5e ,ater2a34 5ere2n 2n an effort to $e,on4trate 524 7o,+eten7e a4
- %<?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01525
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a +rofe442ona3 an$ eDtre,e $e42re to re,a2n a 327en4e$ ,e,6er of t5e State Bar of Ne#a$a an$ to
5a#e t5e te,+orar; 4*4+en42on 4et a42$e"
CONCLUS%ON
T5e *n$er429ne$ a4>4 t524 Co*rt re4+e7tf*33; to 7on42$er 4ett2n9 a42$e 2t4 te,+orar;
4*4+en42on of 524 3a: 327en4e an$ to a33o: t5e *n$er429ne$ a$$2t2ona3 t2,e to 4*++3e,ent t524
O++o42t2on an$ 5ea#23; e$2t an$ +roof rea$ 2t an$ re4+e7tf*33; a+o3o92Le4 for t5e ro*95 $raft 8*a32t;
of t524 :or> 6*t +o2nt4 to t5e eD29en72e4 +re4ent re8*2r2n9 t5at 2t 6e 4*6,2tte$ 4o"""
AFFIRMATION P*r4*ant to NRS B(%B".(.
T5e *n$er429ne$ $oe4 5ere6; aff2r, t5at t5e +re7e$2n9 $o7*,ent $oe4 not 7onta2n t5e 4o72a3 4e7*r2t;
n*,6er of an; +er4on"
Re4+e7tf*33; 4*6,2tte$ t524: C*ne </t5 B.<B
?4? Za75 Co*9532n 429ne$ e3e7tron27a33;
Za75 Co*9532n E48"
PO BOS (%-<
Reno NV /%@.@
Pro Per Attorne;
- %B?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01526
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DECLARATION OF ZACH COUGHLIN IN SUPPORT OF THE FOREGOING DOCUMENT
<" T524 De73arat2on 24 ,a$e +*r4*ant to t5e +ro#242on4 of NRS @(".&@ I a, +re4ent3; 2n t5e State of
Ne#a$a an$ I $e73are *n$er +ena3t; of +erE*r; t5at t5e fore9o2n9 24 tr*e an$ 7orre7t 4*6Ee7t to t5e
7a#eat t5at t524 f232n9 nee$4 ,*75 ,ore +roof rea$2n9 5o:e#er t5e eD29en7; of t5e *n$er429ne$
7r2,2na3 tre4+a44 tr2a3 :2t52n a ,atter of 5o*r4 an$ t5e 4+e7tre of Hon" C*$9e L2n$a Gar$ner04 6rot5er
Hon" C*$9e 12332a, Gar$ner 2n7ar7erat2n9 t5e *n$er429ne$ at 3en9t5 +re4ent4 a 42t*at2on :5ere2n t524
f232n9 24 4o,e:5at r*45e$" Co*9532n :245e4 for t524 to a++3; to t5e SCR <<' +et2to2n a4 :e33"
B" De73arant 24 t5e Attorne; 2n t5e a6o#e t2t3e$ a7t2on"
(" De73arant a#er4 t5at t5e fa7t*a3 4tate,ent4 4et for a6o#e 2n t5e fore9o2n9 $o7*,ent are to t5e
6e4t of 524 >no:3e$9e an$ *n$er4tan$2n9 a77*rate"
&" I Za75 Co*9532n a, a#a23a63e to te4t2f; 2f ne7e44ar; a4 to t5e4e ,atter4" I $e73are *n$er +ena3t;
of +erE*r; t5at t5e fore9o2n9 24 tr*e an$ 7orre7t"
Date$ t524 C*ne </t5 B.<B
?4? Za75 Co*9532n
Za75 Co*9532n
Pro Per Attorne;
- %(?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01527
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Proof of Ser#27e:
On t524 $ate I Za75 Co*9532n e3e7tron27a33; 4er#e$ a tr*e an$ 7orre7t 7o+; of t5e fore9o2n9
$o7*,ent to a33 re924tere$ e3e7tron27 f23er4 an$ to t5o4e :5o, are not I +3a7e$ a tr*e an$ 7orre7t 7o+;
of t5e fore9o2n9 $o7*,ent 2n t5e *4+4 ,a23 on t524 $ate:
Patr27> O" K2n9 E48" A4424tant Bar Co*n4e3
%&@- Do*63e R" B3#$ S*2te B
Reno NV /%@B<
Date$ t524 C*ne <Bt5 B.<B
?4? Za75 Co*9532n
Za75 Co*9532n
Pro Per Attorne;
- %&?%@ -
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK0S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL0S PETITION FOR TEMPORARY SUSPENSION an$ SCR <<' Pet2t2on
01528
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INDEX TO EXHIBITS
1. Exhibit 1: The two Wal-Mart receipts from September 9
1
\ 2011, one for $83.82, representing items
selected and paid for and one for $14.72, representing items allegedly consumed while shopping and
not paid for, and proof of the exact item represented by the various Universal Parcel Codes (UPC)
indicated on the respective receipts; four (4) pages.
2. Exhibit 2: Discovery propounded by the City of Reno City Attorney's Office in RMC 11 CR
22176, including RSIC Officer Crawford's "Arrest Report and Declaration of Probable Cause" and
his "Incident Report" and Wal-Mart's Thomas Frontino's signed, sworn Criminal Complaint; seven
(7) pages.
- 95/95-
MOTION FOR LEAVE TO AMEND EMERGENCY MOTION TO ALTER OR AMEND. OR SET ASIDE
TEMPORARY SUSPENSION AND NOTICE OF SUPREME COURT CLERK'S FAILURE TO TIMELY FILE
OPPOSITION TO BAR COUNSEL'S PETITION FOR TEMPORARY SUSPENSION and SCR 117 Petition
01529
01529

EXHIBIT 1
01530
U
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01531
NOTE: this is a "receipt" for the allegedly stolen or consumed items
propounded in discovery by the Reno City Attorney
01532
Magnum Ice Cream Bar Nutrition Information | ShopWell
file:///D|/...20ie%20and%20firefox/7756713282%20magnum%20double%20caramel%20single%20ice%20cream%20bar.htm[6/11/2012 3:07:34 PM]
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Magnum Ice Cream Bar
S, Double Caramel 3.38 oz
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Ingredients:
Ice Cream: Milk, Cream, Sugar, Whey, Mono and Diglycerides, Locust Bean Gum, Vanilla Bean Specks,
Carrageenan, Natural Flavor, Annatto Extract (Color), Caramel Color, Belgian Milk Chocolate Coating: Sugar,
Chocolate Liquor, Cocoa Butter, Milk, Milk Fat, PGPR (Emulsifier), Soy Lecithin (Emulsifier), Natural Flavor,
Caramel Sauce: Water, Sugar, Corn Syrup, High Fructose Corn Syrup, Nonfat Milk Solids, Coconut Oil
Modified Corn Starch, Caramel Color, Salt, Mono & Diglycerides (Emulsifier), Carrageenan, Soybean Oil
Sodium Citrate, Potassium Sorbate (Used to Protect Quality), Natural Flavor, Chocolatey Coating: Coconut
Oil, Sugar, Cocoa, Soy Lecithin (Emulsifier), Vanilla Extract.
Personalize this Nutrition Label
Nutrition Facts
Serving Size 1.0 bar (95 g)
Servings Per Container 1
http://www.shopwell.com/magnum-ice-cream-bar-s-double-
caramel/ice-cream-popsicles/p/7756713282
NOTE: the URL listed above for this page ends with
the UPC of this "Magnum Double Caramel Ice Cream
Bar", 7756713282 (the "zero" at the start of that
number on the $14.72 Wal-Mart receipt is
traditionally left off of UPC notations, as here).
This frozen or refrigerated item would not be
found in "the candy isle" as Thomas Frontino swore
that he "personally eye witnessed"
Coughlin select it from "the candy isle"
and also swore that none of Wal-Mart's
legion of cameras captured any of that
activity on video...
01533
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01534
EXHIBIT 2
EXHIBIT 2
Docket 60838 Document 2012-18963 01535
01536
01537
01538
01539
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01541
page 4

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01542
01542
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Electronically Filed
Jun 18201209:25 a.m
Tracie K. Lindeman
Clerk of Supreme Cou
IN THE SUPREME COURT OF THE STATE OF NEVADA
n Re Matter of:
ACHARY BARKER COUGHLfN, ESQ.
evada Bar No: 9473
)
)
)
) Supreme Court No: 60838
)
)
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 117 PETITION
COMES NOW, ZACHARY BARKER COUGHLIN, ESQ., and files the above named
document and moves this Court for the relief requested herein. This filing is further based upon the
papers and pleadings on file herein and in the case in the trail court and the appeal in the District
Court and the Memorandum of Points and Authorities submitted herewith and any oral argument this
Court may desire. Alternatively, Coughlin requests that the Court set aside his temporary suspension
pursuant to SCR 1 11(7) and refuse to countenance the SCR 117 Petition as well. By way of the
showing of good cause Coughlin attempts to set forth herein. Beyond any mitigating factors, the
good cause is this: for the law to work, there needs to be environment where bullying opposing
counsel still have to earn their victories, rather than leverage committees, clubs, forces, and enforcers
- 1194-
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 117 PETITION
01543
01543
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to +*t +o2nt4 on t5e 6oar$ for t5e, t5ro*95 2nn*en$o nann;?4tat2n9 a6*4e of +ro7e44 et7" et7" T524
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*+on :5275 t5e 63a7= 2n= 2n t524 Co*rt@4 o+2n2on4 f3o:"
STATEMENT OF FACTS
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NRCP RULE E" SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS""""NRCP
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- A>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01544
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- (>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01545
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01546
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a$$re44 24 not eC+3a2ne$ 2n t5e $o7*,ent4 6efore t524 7o*rt" Ne#ert5e3e44 t5e 4tate@4 a44ert2on t5at
+et2t2oner@4 a++327at2on :a4 $en2e$ 24 2n7orre7t" T5e 5an$:r2tten notat2on on +et2t2oner@4 *nf23e$
a++327at2on 73ear3; $oe4 not 7on4t2t*te a +ro+er D*$272a3 $24+o42t2on of t5at a++327at2on" F*rt5er t5e
a7t2on of t5e 73er= of t5e $24tr27t 7o*rt 2n ret*rn2n9 +et2t2oner@4 a++327at2on an$ 72#23 7o,+3a2nt to 52,
*nf23e$ 24 2n $2re7t #2o3at2on of t524 7o*rt@4 2n4tr*7t2on4 to t5e 73er= of t5e $24tr27t 7o*rt 2n 152t,an #"
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
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6; t5e 73er= of t5e $24tr27t 7o*rt" To 7ont2n*e t5e ana3;424 :2t5 re4+e7t to +et2t2oner@4 72#23 7o,+3a2nt
:5275 5e 24 atte,+t2n9 to f23e 7on7*rrent3; t5e $24tr27t 7o*rt 73er= 5a$ an a64o3*te o6329at2on to 4ta,+
t5e $o7*,ent Hre7e2#e$H an$ to re7or$ t5e $ate on :5275 t5e $o7*,ent :a4 2n fa7t re7e2#e$ at t5e
7o*rt5o*4e" See H*e6ner #" State 0.' Ne#" (A/ /0. P"A$ 0A.% <0%%0)" T524 t5e 73er= of t5e $24tr27t
7o*rt $2$" Ho:e#er t5e 73er= t5en 5a$ a $*t; to ,a2nta2n a 7o+; of t5e re7e2#e$ $o7*,ent 2n t5e
re7or$ of t5e 7a4e :5et5er or not t5e $o7*,ent 24 e#er f23e$" 152t,an #" 152t,an 0./ Ne#" %&%
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t5e rat2ona3e 7o,+e332n9 t524 7o*rt@4 r*32n9 2n H*e6ner t5at a33 $o7*,ent4 ,*4t 6e ,ar=e$ re7e2#e$
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
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t524 ,2n24ter2a3 $*t;"H H*e6ner #" State 0.' Ne#" (A/ ((. /0. P"A$ 0A.% 0A00 <0%%0) <footnote
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of a++e33ant@4 not27e of a++ea3K 2n4tea$ t5e 73er= 4ta,+e$ t5e $o7*,ent Hre7e2#e$H an$ ret*rne$ 2t to
a++e33ant" T5e 73er= of t5e $24tr27t 7o*rt 5a$ no a*t5or2t; to ta=e 4*75 a7t2on"
A3t5o*95 t5e 73er= of t5e $24tr27t 7o*rt 5a$ no $*t; to f23e a++e33ant@4 not27e of a++ea3 6efore
a++e33ant +a2$ t5e re8*242te f232n9 fee or :a4 re32e#e$ of t5e $*t; to +a; t5e f232n9 fee 6; or$er of t5e
$24tr27t 7o*rt 4ee NRS 0%".0(<A) t5e 73er= 5a$ a $*t; to re7e2#e t5e $o7*,ent an$ to =ee+ an
a77*rate re7or$ of t5e 7a4e +en$2n9 6efore t5e $24tr27t 7o*rt" Part27*3ar3; 2n t524 7a4e 2t :a4 e44ent2a3
t5at t5e not27e of a++ea3 6e reta2ne$ 2n t5e re7or$ 6e7a*4e :e 5a#e 5e3$ t5at a not27e of a++ea3 24
effe7t2#e on t5e $ate of re7e2+t 6; t5e $24tr27t 7o*rt 73er=" See H*e6ner #" State I0./ Ne#" %EAJ 0.'
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
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$ro+4" None of t5e, 7a33e$ ,e for a 8*ote" Ne:4+a+er4 an$ te3e#242on o*t3et4 aren@t t5e on3; one4
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A" In t5e tr2a3 7o*rt ,atter 2n Reno M*n27+a3 Co*rt 1a3?Mart a44o72ate T5o,a4 Front2no
te4t2f2e$ t5at t5e a77*4e$ ate t5e 75o7o3ate 6ar <an$ t5at +er4ona33; e;e:2tne44e$ Co*9532n ta=e 2t off
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t5e 6e;on$ a rea4ona63e $o*6t 4tan$ar$ a++327a63e to t5at 7r2,2na3 7a4e a++ear4 not to 5a#e 6een ,et
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:2tne44e$ t5e a77*4e$ 4e3e7t 2t fro, t5e 45e3f 2n t5e 7an$; 243e :5275 24 not refr29erate$" See EC5262t
0"
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01550
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(" F*rt5er t5e on3; ot5er +2e7e of a33e9e$3; 2n7r2,2nat2n9 e#2$en7e :a4 t5e fr*2t of an
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$r2#er@4 327en4e" Ho:e#er t5e t:o #2$eo4 of t5e $etent2on an$ 4ear75 2n t5e 1a3?Mart 2nterro9at2on
roo, 73ear3; re#ea3 t5e a77*4e$ +ro#2$2n9 t5at 4a,e RSIC off27er 524 $r2#er@4 327en4e an$ t5e Off27er
ra$2o2n9 2n t5e $r2#er@4 327en4e n*,6er to r*n a ro*t2ne 75e7= an$ t5e arre4t re+ort 73ear3; 7onta2n4 t5e
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01551
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2te,4 t5e a77*4e$ +*r75a4e$ $2$ 5a#e one 2te, :2t5 t5e 4a,e UPC a4 t5e eCa7t t;+e of 7o*95
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Mart 7o*3$ 4a; t5at t5e; 7o*3$ 5ear :5et5er t5e a77*4e$ to3$ t5e 7a452er a 8*ant2t; to r2n9 *+ for t5e
7o*95 ,e$27at2on ,e3t 6oC :2t5 t5e 4a,e UPC a4 t5e one4 1a3?Mart a33e9e4 :ere 4to3en or
7on4*,e$ :523e 45o++2n9"""" F*rt5er t5e In$2an Co3on; Off27er te4t2f2e$ t5at 5e on3; arre4te$ t5e
a77*4e$ an$ 7on$*7te$ a 4ear75 2n72$ent to arre4t 6e7a*4e t5e a77*4e$ $2$n@t +ro#2$e t5e a77*4e$@4
$r2#er@4 327en4e to 52," Ho:e#er t5e #2$eo of t5e 1a3?Mart 2nterro9at2on roo, 2nter#2e: 73ear3;
45o:4 t5e a77*4e$ 92#2n9 t5e off27er t5e a77*4e$@4 $r2#er@4 327en4e an$ 52, ra$2o2n9 2t 2n to 524
$24+at75 an$ 52, ta=2n9 $o:n t5e $r2#er@4 327en4e n*,6er an$ ot5er 2nfor,at2on off of 2t"
E" La4t3; t5e *n$er429ne$ re+orte$ t5e 7on#27t2on 2n t5e tr2a3 7o*rt :523e an a++ea3 :a4
+en$2n9 2n D24tr27t Co*rt to Bar Co*n4e3" T5e *n$er429ne$ re+orte$ t5e 7on#27t2on to Bar Co*n4e3 on
524 o:n an$ a4 far a4 t5e *n$er429ne$ =ne: at t5e t2,e +r2or to Bar Co*n4e3 6e2n9 a:are of t5e
7on#27t2on" F*rt5er $e+en$2n9 *+on 5o: t5e 3en9t5 of t2,e 6et:een t5e ren$2t2on or not27e of entr;
of t5e 7on#27t2on an$ :5en t5e *n$er429ne$ re+orte$ t5e 7on#27t2on to Bar Co*n4e3 24 ,ea4*re t5e
*n$er429ne$ ar9*a63; t2,e3; 7o,+32e$ :2t5 t5e F:2t52n (. $a;4G $27tate of SCR 000 <on3; 2ntro$*7e$
2n A..' an$ +er5a+4 4o,e:5at $2ff27*3t to f2n$ 92#en t5at t5e R*3e4 of Profe442ona3 Con$*7t ,295t
4ee, a ,ore a+t +3a7e to 3oo= for 4*75 a re+ort2n9 re8*2re,ent""") an$ 2f not t5en t5e *n$er429ne$
:a4 on3; a fe: $a;4 6e;on$ t5e F:2t52n (. $a;4G re8*2re,ent a33 :523e f232n9 an a++ea3 an$ 32t29at2n9
a 7ontent2o*4 4*,,ar; e#27t2on fro, t5e *n$er429ne$ for,er 5o,e 3a: off27e"
-" At Tr2a3 at A:EA:AE +, 2n t5e a*$2o tran47r2+t 4*6,2tte$ 2nto e#2$en7e 6; Co*9532n 2n t5e
Re7or$ on A++ea3 <ROA) 2n t5e for, of a 7$ of t5e a*$2o re7or$2n9 Front2no te4t2f2e$ *n$er oat5 a4
fo33o:4 :2t5 re9ar$ to :5at 5e an$ Co*9532n $247*44e$ *+on Front2no 2n4tr*7t2n9 Co*9532n to 9o :2t5
52, 6a7= to t5e a44et +rote7t2on 2nterro9at2on roo,:
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01552
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C2t; Attorne; Pa, Ro6ert4: 15at 4+e72f27 2nfor,at2on $2$ ;o* a4= of Mr" Co*9532nM
T5o,a4 Front2no: I$ent2f27at2on 524 na,e 62rt5 $ate 4o72a3 4e7*r2t; n*,6er"
C2t; Attorne; Pa, Ro6ert4: An$ $2$ 5e +ro#2$e an; of t5at 2nfor,at2on to ;o*M
T5o,a4 Front2no: No 5e $2$ not"
C2t; Attorne; Pa, Ro6ert4: Ba4e$ *+on 524 *n:2332n9ne44 to +ro#2$e t5at 2nfor,at2on $2$ ;o* ta=e
an; f*rt5er a7t2onM
T5o,a4 Front2no: Ye4 :e 7a33e$ t5e +o327e t5e Reno S+ar=4 In$2an Co3on; Tr26a3 Po327e
De+art,ent" T5e; *4*a33; arr2#e :2t52n ten ,2n*te4 I 6e32e#e ,; 4tate,ent ref3e7t4 2t :a4 3e44 t5an
t5at"
Ho:e#er 2t :a4 not 3on9 6efore Front2no 7ontra$27te$ t5at te4t2,on; 6e7o,2n9
*n7o,forta63e :2t5 Co*9532n@4 32ne of 8*e4t2on2n9"
'" Here 24 an atte,+t at ,a=2n9 a tran47r2+t 42n7e t5e RMC 75o4e not to +re+are one an$ for:ar$ 2t
on to t5e D24tr27t Co*rt 2n t5e A++ea3 <CR00?A.-&) a4 re8*2re$ *n$er Ne#a$a 3a: :2t52n 0. $a;4 of
t5e f232n9 of a not27e of a++ea3" B*$9e E332ot ,ana9e$ to eC7*4e t5at 6; 72t2n9 to a 72#23 4tat*te 6*t 5e
a34o a++32e$ NRCP -<e) for t5e 7o,+*tat2on of t2,e 2n a 7r2,2na3 a++ea3 for t5e +*r+o4e4 of
7a37*3at2n9 t5e $ea$32ne to f23e a not27e of a++ea3 4o 2t :a4 =2n$ of a :a45"
LEGAL ARGUMENT
NRS 171.1255 Arrest by off!er or age"t of #$rea$ of %"da" Affars or &ol!e off!er
e'&loyed by %"da" trbe.
0" EC7e+t a4 ot5er:24e +ro#2$e$ 2n 4*64e7t2on A an off27er or a9ent of t5e B*rea* of In$2an
Affa2r4 or a +er4on e,+3o;e$ a4 a +o327e off27er 6; an In$2an tr26e ,a; ,a=e an arre4t 2n o6e$2en7e
to a :arrant $e32#ere$ to 52, or 5er or ,a; :2t5o*t a :arrant arre4t a +er4on:
<a) For a +*6327 offen4e 7o,,2tte$ or atte,+te$ 2n t5e off27er or a9entP4 +re4en7e"
<6) 15en a +er4on arre4te$ 5a4 7o,,2tte$ a fe3on; or 9ro44 ,24$e,eanor a3t5o*95 not 2n t5e
off27er or a9entP4 +re4en7e"
<7) 15en a fe3on; or 9ro44 ,24$e,eanor 5a4 2n fa7t 6een 7o,,2tte$ an$ t5e off27er or a9ent 5a4
rea4ona63e 7a*4e for 6e32e#2n9 t5e +er4on arre4te$ to 5a#e 7o,,2tte$ 2t"
<$) On a 75ar9e ,a$e *+on a rea4ona63e 7a*4e of t5e 7o,,2442on of a fe3on; or 9ro44
,24$e,eanor 6; t5e +er4on arre4te$"
<e) 15en a :arrant 5a4 2n fa7t 6een 244*e$ 2n t524 State for t5e arre4t of a na,e$ or $e47r26e$
+er4on for a +*6327 offen4e an$ t5e off27er or a9ent 5a4 rea4ona63e 7a*4e to 6e32e#e t5at t5e +er4on
arre4te$ 24 t5e +er4on 4o na,e$ or $e47r26e$"
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01553
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<f) 15en t5e +ea7e off27er 5a4 +ro6a63e 7a*4e to 6e32e#e t5at t5e +er4on to 6e arre4te$ 5a4
7o,,2tte$ a 6atter; *+on t5at +er4onP4 4+o*4e an$ t5e +ea7e off27er f2n$4 e#2$en7e of 6o$23; 5ar,
to t5e 4+o*4e"
A" S*75 an off27er or a9ent ,a; ,a=e an arre4t +*r4*ant to 4*64e7t2on 0 on3;:
<a) 12t52n t5e 6o*n$ar2e4 of an In$2an re4er#at2on or In$2an 7o3on; for an offen4e 7o,,2tte$ on
t5at re4er#at2on or 7o3on;K or
<6) O*t42$e t5e 6o*n$ar2e4 of an In$2an re4er#at2on or In$2an 7o3on; 2f t5e off27er or a9ent 24 2n
fre45 +*r4*2t of a +er4on :5o 24 rea4ona63; 6e32e#e$ 6; t5e off27er or a9ent to 5a#e 7o,,2tte$ a
fe3on; :2t52n t5e 6o*n$ar2e4 of t5e re4er#at2on or 7o3on; or 5a4 7o,,2tte$ or atte,+te$ to 7o,,2t
an; 7r2,2na3 offen4e :2t52n t5o4e 6o*n$ar2e4 2n t5e +re4en7e of t5e off27er or a9ent"
Q For t5e +*r+o4e4 of t524 4*64e7t2on Ffre45 +*r4*2tG 5a4 t5e ,ean2n9 a47r26e$ to 2t 2n NRS
0'0"0E-"
NRS 0'0"0(- 15en arre4t ,a; 6e ,a$e:"""
A" If 2t 24 a ,24$e,eanor t5e arre4t 7annot 6e ,a$e 6et:een t5e 5o*r4 of ' +"," an$ ' a","
eC7e+t:
<6) 15en t5e offen4e 24 7o,,2tte$ 2n t5e +re4en7e of t5e arre4t2n9 off27erK
<7) 15en t5e +er4on 24 fo*n$ an$ t5e arre4t 24 ,a$e 2n a +*6327 +3a7e or a +3a7e t5at 24 o+en to t5e
+*6327 an$:
<0) T5ere 24 a :arrant of arre4t a9a2n4t t5e +er4onK an$
<A) T5e ,24$e,eanor 24 $247o#ere$ 6e7a*4e t5ere :a4 +ro6a63e 7a*4e for t5e arre4t2n9 off27er
to 4to+ $eta2n or arre4t t5e +er4on for anot5er a33e9e$ #2o3at2on or offen4eK
<$) 15en t5e offen4e 24 7o,,2tte$ 2n t5e +re4en7e of a +r2#ate +er4on an$ t5e +er4on ,a=e4 an
arre4t 2,,e$2ate3; after t5e offen4e 24 7o,,2tte$K
Se7" /"0.".&." ? Pet2t 3ar7en;"
FIt 24 *n3a:f*3 for an; +er4on to ta=e or 7arr; a:a; t5e +ro+ert; of anot5er :2t5 t5e 2ntent to
$e+r2#e t5e o:ner of 524 +ro+ert; t5ere2n 2n an; #a3*e 3e44 t5an OAE.".. an$ for 524 7on#27t2on
t5erefor 5e 45a33 6e f2ne$ 2n an a,o*nt not ,ore t5an O0...".. an$>or 6e 2n7ar7erate$ not ,ore
t5an 42C ,ont54" In a$$2t2on to an; ot5er +ena3t; t5e 7o*rt 45a33 or$er t5e +er4on to +a; re4t2t*t2on"G
T5e arre4t 2n t524 ,atter fa234 on e#er; e3e,ent of NRS 0'0"0A-<A)<6)?<$)" F*rt5er :523e 2t
24 8*2te 8*e4t2ona63e to 2nfer e#2$en7e of 9*23t 6a4e$ *+on t5e fr*2t of an 2,+er,2442363e 4ear75 of
Co*9532n@4 +o7=et4 <:5275 a33e9e$3; re#ea3e$ one 5a3f of t5e 7ontent4 of one +a7=a9e of D*ra7t
Co*95 Me3t4 <- ,e3t4 2n a fo23 45eet) e4+e72a33; :5ere Co*9532n 5a$ D*4t +a2$ for <an$ t5e re7e2+t
for O/("/A 7onf2r,4 t524) a +a7=a9e of t5e eCa7t +ro$*7t a33e9e$3; 7on4*,e$ t5e D*ra7t Co*95
Me3t4 <UPC .'(AA0-(..%()" T524 24 +art27*3ar3; tr*e :5ere t5ere :a4 not e#2$en7e 2n t5e re7or$ or
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01554
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te4t2,on; offere$ t5at t5e 7ontent4 of Co*9532n@4 45o++2n9 6a9 fro, t5e O/("/A :ort5 of 2te,4 +a2$
for $2$ or $2$ not 2n73*$e an o+ene$ an$ or 5a3f f*33 +a7=a9e of t5o4e #er; D*ra7t Co*95 Me3t4)"
To t5e eCtent t5at RMC B*$9e Ho:ar$ ref*4e$ to 3et Co*9532n te4t2f; on 524 o:n 6e5a3f at tr2a3
4*75 an *tter +a*72t; of e#2$en7e to 4*++ort t5e a33e9at2on4 7o,62ne$ :2t5 t5e ,;r2a$ 2n4tan7e4
:5ere t5e te4t2,on; of 1a3?Mart@4 Front2no an$ t5at of RSIC Po327e Off27er4 Cra:for$ an$
Bra*n:ort5 24 +art27*3ar3; tro*632n9 e4+e72a33; to t5e eCtent t5at t5e C2t; of Reno an$ t5e Reno
M*n272+a3 Co*rt ar9*a63; 5a#e a #e4te$ 2ntere4t 2n 32,2t2n9 t5e 7o4t4 a44o72ate$ :2t5 +ro#2$2n9
$efen4e 7o*n4e3 to 2n$29ent +art2e4 <Co*9532n :a4 $en2e$ 524 S2Ct5 A,en$,ent R295t to Co*n4e3
*n$er Ar9er42n9er :5ere a4 5ere even the possibility of Da23 t2,e eC24t4? an$ Co*9532n 4er#e$ (
$a;4 2n Da23 2n 7onne7t2on :2t5 t524 tr2a3 7o*rt ,atter C2t; Attorne; Pa, Ro6ert4: Ar9er42n9er #"
Ha,32n &.' U"S" AE <0%'A)) an$ 7o33e7t2n9 t5e f2ne4 a44o72ate$ :2t5 7on#27t2on4" T524 f2r4t offen4e
a33e9at2on of 45o+32ft2n9 for 4o,e O0&".. of ,er75an$24e re4*3te$ 2n a O&.. f2ne an$ ( $a;4 2n Da23
a33 :2t5 no S2Ct5 A,en$,ent $efen4e 7o*n4e3 7o4t4 atten$ant to t5e +ro4e7*t2on"
It :o*3$ 6e fa34e to 4a; t5e 1a3?Mart 3o44 +re#ent2on a44o72ate T5o,a4 Front2no ,a$e an
arre4t 52,4e3f an$ e4+e72a33; $*62o*4 to a44ert t5at Front2o ,et t5e re8*2re,ent of " T5ere :a4 no
a33e9at2on of t5at at t5e tr2a3" T5e RSIC Off27er4 Cra:for$ an$ Bra*n4:ort5 ,a$e t5e arre4t a4
4*75 NRS 0'0"0A- 24 2na++327a63e" E#en 2f 2t :ere a++327a63e 1a3?Mart@4 Front2no@4 te4t2,on; :a4
4o r2fe :2t5 *n4*++orte$ 7ontra$27tor; an$ $24en9eno*4 4tate,ent4 a4 to #2t2ate an; 4*++ort for
an; a33e9at2on t5at Front2no :a4 ent2t3e$ to arre4t Co*9532n *n$er NRS 0'0"0A-<0) for Fa +*6327
offen4e 7o,,2tte$ or atte,+te$ 2n t5e +er4on@4 +re4en7eG"<5e F+er4ona33; :2tne44e$G Co*9532n ta=e
a refrigerated ice cream bar off t5e 45e3f 2n t5e 7an$; 243e an$ 7on4*,e 2t :a4 45o++2n9 for ot5er
2te,4M Front2no 7o*3$ 4ee <5e a$,2tte$ 5e 7o*3$ not 5ear :5at :a4 4a2$ 6et:een Co*9532n an$ t5e
1a3?Mart 7a452er :5o, 1a3?Mart fe29ne$ an 2na6232t; to 3o7ate or $eter,2ne t5e 2$ent2f; of) every
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01555
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item rung up by the cashier and off the top of his head know that none of those items bore a UPC
with the same number as the Duract Cough Melts Frontino alleged Coughlin consumed while
shopping?...F*rt5er Front2no@4 te4t2,on; a6o*t 5o: 5e F+er4ona33; :2tne44e$ Co*9532n 7on4*,e
t5e 7o*95 $ro+4 :523e 45o++2n9G 24 2n7on424tent :2t5 524 te4t2,on; t5at 1a3?Mart +o327; $2$ not
+er,2t Front2no to fo33o: Co*9532n 2nto t5e re4troo, at 1a3?Mart an$ t5at t5erefore Front2no 3a7=
a 6a424 for ,a=2n9 f*rt5er atte,+t4 to 2n#e4t29ate an; 4*4+272on 5e 5a$ :2t5 re4+e7t to t5e D*ra7t
Co*95 Me3t4 t5erefore 3ea#2n9 1a3?Mart an$ Front2no to 52n9e t5e2r 5o+e4 of 3e#era92n9 t5e RSIC
Po327e to 7on$*7t an *n3a:f*3 4ear75 of Co*9532n" To t5e eCtent t5at Front2no a$,2tte$ ne2t5er 5e
or an;one 1a3?Mart ,a; 5a#e 4o*95t to te4t2f; at tr2a3 7o*3$ 5ear :5at :a4 4a2$ 6et:een Co*9532n
an$ t5e 7a452er Front2no@4 #anta9e +o2nt $oe4 not ,eet t5e F2n t5e +er4on@4 +re4en7eG 4tan$ar$
re8*2re$ 6; NRS 0'0"0A-<0) t5o*95 Front2no 4t233 429ne$ t5e Cr2,2na3 Co,+3a2nt 4:ear2n9 t5at 5e
5a$ 4*75 a 6a424 for ,a=2n9 524 a33e9at2on4"
NRS 0'0"0A-<0) : F Arre4t 6; +r2#ate +er4on" A +r2#ate +er4on ,a; arre4t anot5eC2t; Attorne; Pa,
Ro6ert4: 0" For a +*6327 offen4e 7o,,2tte$ or atte,+te$ 2n t5e +er4onP4 +re4en7e"G
RSIC Off27er Cra:for$@4 :r2tten re+ort $e,on4trate4 a +rofo*n$ 3a7= of a++re72at2on for t5e
+ro6a63e 7a*4e re8*2re,ent :523e at t5e 4a,e t2,e $24+3a;2n9 a 7*nn2n9 an$ 7raft; a++roa75 to
4+2nn2n9 t5e neC*4 6et:een +ro6a63e 7a*4e $eta2n2n9 a 4*4+e7t4 72t2Len@4 arre4t fo*rt5 a,en$,ent
eC7e+t2on4 an$ NRS 0'0"0A(" In 524 :r2tten re+ort <2n73*$e$ 2n t5e atta75e$ EC5262t A a
7o33e7t2on of t5e $247o#er; +ro+o*n$e$ 6; t5e C2t; of Reno f2na33; :e33 o#er one ,ont5 after t5e
arre4t an$ after Co*9532n 5a$ ,a$e n*,ero*4 atte,+t4 to 9et a 7o+; of 4*75 ,ater2a34 fro, an$ 2n
+er4on an$ 6; :r2t2n9 t5e RSIC Po327e for7e <,eet2n9 :2t5 Sar9ent A#an42no an$ 6e2n9 ref*4e$
4*75 $o7*,entat2on) t5e Reno M*n272+a3 Co*rt t5e C2t; of Reno C2t; Attorne;@4 Off27e?on
a++roC2,ate3; Se+te,6er 0E
t5
A.00 Co*9532n 4+o=e :2t5 De+*t; C2t; Attorne; C5r24to+5er
- 0&>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01556
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HaL3ett?Ste#en4 an$ 2n8*2re$ a4 to t5e a#a23a6232t; of 4*75 :2tne44 4tate,ent4 +o327e re+ort4 or an;
ot5er ,ater2a34 fro, 1a3?Mart t5e RSIC or an;one e34e an$ :a4 to3$ 6; HaL3ett?Ste#en4 t5at t5e
C2t; Attorne;@4 Off27e 5a$ not an$ :o*3$ not re7e2#e 4*75 ,ater2a34 *nt23 after t5e arra29n,ent 2n
t524 ,atter :5275 :a4 4et for 4o,e (. $a;4 after t5e arre4t <Se+te,6er %
t5
A.00 to O7to6er 0.
t5

A.0A)"""Co*9532n +3ea$e$ :2t5 HaL3ett?Ste#en4 to D*4t F$o*63e 75e7=G an$ a4= e#er;one e34e 2n t5e
off27e 2f an; 4*75 $247o#er; or $o7*,entat2on 5a$ 6een +ro#2$e$ to t5e C2t; Attorne;@4 Off27e an$
HaL3ett?Ste#en4 2n$27ate$ 5e :o*3$ an$ t5ereafter 7onf2r,e$ to Co*9532n t5at no 4*75 2te,4 5a$
6een re7e2#e$ an$ f*rt5er t5at Co*9532n 5a$ not r295t to t5e, +r2or to t5e arra29n,ent 2n an;
e#ent e2t5er fro, t5e C2t; Attorne;@4 Off27e t5e RMC or t5e RSIC Po327e De+art,ent" Ho:e#er
t5e faC 5ea$er4 an$ $ate4 on t5e $247o#er; 3ater +ro#2$e$ 6; t5e C2t; Attorne;@4 Off27e 7erta2n3;
4ee,4 to 2n$27ate t5at 4*75 ,ater2a34 :ere faCe$ to t5e C2t; Attorne;@4 Off27e 6; t5e RSIC Po327e
De+art,ent on Se+te,6er 0(
t5
A.00 5o:e#er t5e +a9e n*,6er4 an$ +a9e 7o*nt4 :o*3$ 4ee, to
2n$27ate 4o,e ,ater2a34 :ere not +ro+o*n$e$)"
In 524 FArre4t Re+ort an$ De73arat2on of Pro6a63e Ca*4eG fro, Se+te,6er %
t5
A.00 RSIC
Off27er Cra:for$ :r2te4:GOn %>%>00 at a6o*t A0:A0 5o*r4 I re4+on$e$ to A&AE E" A
n$
St" Reno NV
/%E.A for a Pet2t Lar7en;" U+on ,; arr2#a3 I ,et :2t5 A44et Prote7t2on A44o72ate T5o,a4
Front2no :5o, ,a$e a 72t2Len4 arre4t for Pet2t Lar7en;" Front2no :a4 2n +o44e442on of t5e 4to3en
2te,4"G Front2no@4 te4t2,on; at tr2a3 5o:e#er 73ear3; 2n$27ate$ 5e 5a$ on3; a4=e$ Co*9532n to ,eet
:2t5 52, not t5at Front2no 5a$ F2,,e$2ate3;G ,a$e a F72t2Len@4 arre4tG r295t after t5e 7o,,2442on
of t5e a33e9e$ 7r2,e" F*rt5er 2f Front2no 5a$ ,a$e 4*75 a F72t2Len@4 arre4tG an$ F:a4 2n +o44e442on
of t5e 4to3en 2te,4G t5en :5; $2$ 2t ta=e f2#e ,2n*te4 of 2nterro9at2on 6; t5e RSIC Off27er4 an$ a
+at $o:n 6efore t5e te75n27a3 +o2nt of arre4t 6; Cra:for$ an$ :5; $2$ Cra:for$ nee$ to eC+3a2n
524 $e7242on to arre4t an$ 7on$*7t a 4ear75 2n72$ent to arre4t an$ 6a424 for +ro6a63e 7a*4e f2n$2n9 to
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01557
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$o 4o *+on 4o,e a33e9e$ fa23*re 6; Co*9532n to +ro#2$e 524 $r2#er@4 327en4eM T5e $247o#er;
+ro+o*n$e$ a ,ont5 3ater 4t233 $2$ not 5a#e an; Ma924trate or B*$272a3 Off27er@4 429nat*re a++ro#2n9
t5e +ro6a63e 7a*4e f2n$2n9 $e4+2te t5e &/ 5o*r re8*2re,ent t5at 4*75 6e 244*e$"
Ho:e#er 2n 524 FIn72$ent Re+ortG ,a$e a $a; 3ater RSIC Off27er Cra:for$ :r2te4:
FOn %>%0A. 00 at a++roC2,ate3; A 0A0 5o*r4 Off27er Bra*n:ort5 an$ I :ere
$24+at75e$ to A&AE Ea4t Se7on$ Street Reno NY /%E.A for a re+ort of a +et2t
3ar7en;" U+on o*r arr2#a3 :e ,et :2t5 1aI?Mart A44et Prote7t2on A44o72ate
T5o,a4 Front2no :5o 4tate$ (e obser)ed a *(te 'ale ad$lt+ de"tfed as
,a!(ary Co$g(l"+ *al-"g t(ro$g( t(e store o&e""g )aro$s te's a"d
ds!ard"g t(e' " t(e garbage !a"" Front2no 4tate$ (e also obser)ed
Co$g(l" eat a !a"dy bar *(le *al-"g t(ro$g( t(e store" Co*9532n +a44e$ a33
+o2nt4 of 4a3e 2n42$e of 1a3?Mart an$ eC2te$" Co*9532n :a4 t5en $eta2ne$ 6;
Front2no for +et2t 3ar7en;" P3ea4e refer to Front2no@4 State,ent for f*rt5er
2nfonnat2on" Off27er Bra*n:ort5 a4=e$ Co*9532n 2f 5e 5a$ an; :ea+on4 on 524
+er4on an$ Co*9532n 4tate$ 5e $2$ not" I a4=e$ Co*9532n 2f I 7o*3$ 5a#e
+er,2442on to 4ear75 524 +er4on for :ea+on4" Co*9532n 9a#e ,e 7on4ent 6*t
4tate$ $o not 9o 2nto ,; +o7=et4" 3 4ear75e$ t5e o*ter 73ot52n9 of Co*9532n an$
fo*n$ no :ea+on4 on 52," I t5en +ro7ee$e$ to a4= Co*9532n 8*e4t2on4 +erta2n2n9
to 244*2n9 52, a 72tat2on for +et2t 3ar7en;"
Co*9532n 5o:e#er ref*4e$ to an4:er ,; 8*e4t2on4 re3at2n9 to a 72tat2on an$
6e7a,e *n7oo+erat2#e" Co*9532n :a4 t5en +3a7e$ *n$er arre4t for +et2t 3ar7en;" I
6e9an ,; 4ear75 2n72$ent to arre4t on Co*9532n an$ fo*n$ 7o*95 $ro+4 4t233
:ra++e$ 2n 524 +o7=et4" Front2no :a4 a63e to 7onf2r, t5e; :ere t5e 4a,e 7o*95
$ro+4 t5at 7a,e fro, t5e o+ene$ 7o*95 $ro+ 6oCe4 fro, 2n42$e t5e 4tore t5at :ere
*n+a2$ for" At a++roC2,ate3; AA.. 5o*r4 I tran4+orte$ Co*9532n to t5e 1a45oe
Co*nt; Detent2on Fa7232t; an$ 6oo=e$ 52, for Reno M*n272+a3 Co$e /"0.".&.
+et2t 3ar7en;" At a++roC2,ate3; A0AA 5o*r4 I 73eare$ t5e 2n72$ent :2t5 no f*rt5er
2n72$entG
Off27er Cra:for$ te4t2f2e$ at tr2a3 t5at Co*9532n ref*4e$ to +ro#2$e 524 $r2#er@4 327en4e
5o:e#er t524 In72$ent Re+ort ,ere3; ,ent2on4 Co*9532n a33e9e$3; ref*42n9 to Fan4:er ,;
8*e4t2on4 +erta2n2n9 to 244*2n9 a 72tat2onGM 15; t5e re,2C 7o,e tr2a3 t2,eM Co*3$ 2t 6e t5ata
4*4+e7t@4 a33e9e$3; fa232n9 to +ro#2$e an Off27er a re4+on4e to 524 8*err; of F:5o, $o ;o* :or= forG
$oe4 not 8*2te D*4t2f; t5e o3$er FI 5a$ to arre4t 52, *n$er NRS 0'0"0A( 6e7a*4e I 7o*3$n@t 6e 4*re of
524 2$ent2f;G a++roa75 e4+e72a33; :5ere t5e Off27er :a4 92#en t5e 4*4+e7t@4 $r2#er@4 327en4e an$ ran
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01558
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a NCIS 75e7= on 2t 6; 7a332n9 524 $24+at75 :rote t5e $r2#er@4 327en4e n*,6er $o:n on 524
7onte,+oraneo*4 Arre4t Re+ort an$ De73arat2on of Pro6a63e Ca*4e an$ :5ere t5e Off27er 24 73ear3;
4een 6e2n9 5an$e$ t5e $r2#er@4 327en4e 6; Co*9532n 2n t5e 1a3?Mart 2nterro9at2on roo, #2$eoM An;
:5; 24 2t t5at no ot5er #2$eo eC24t4 to 4*++ort an; of 1a3?Mart an$ Front2no@4 a33e9at2on of
Co*9532n 7on4*,2n9 t524 or t5at or o+en2n9 t524 or t5at or t5ro:2n9 t524 or t5at a:a;" If t524 5a$
6een a 432+ an$ fa33 7a4e ;o* 7an 6et 1a3?Mart :o*3$ 5a#e #2$eo4 fro, ,ore an93e4 t5an a re+3a; of
a 9reat 7at75 2n t5e S*+er Bo:3 :2t5 t5e2r 4tore4 5a#2n9 32tera33; 5*n$re$4 of t5o4e 7e232n9 ,o*nte$
7a,er4 e#en3; $24+er4e$ t5ro*95t t5e 4tore an$ 73ear3; #24263e to a33" O5 an$ 4*+r24e 4*r+r24e
t5ere 24 no a*$2o on e2t5er of t5e Interro9at2on Roo, #2$eo4 +ro#2$e$ 6; 1a3?Mart $e4+2te t5e2r
3o44 +re#ent2on a44o72ate4 7arr;2n9 aro*n$ re7or$2n9 $e#27e4 t5ro*95o*t t5e ent2re 2n72$ent an$ t5e
RSIC fa23e$ to +ro#2$e an; 4*75 re7or$2n94 a4 :e33 an$ 2n$27ate$ none eC24t"
Ho: eCa7t3; :a4 Front2no a63e to F7onf2r, t5e; :ere t5e 4a,e 7o*95 $ro+4 t5at 7a,e fro,
t5e o+ene$ 7o*95 $ro+ 6oCe4 fro, 2n42$e t5e 4toreGM D2$ t5e4e F7o*95 $ro+4@ 5a#e a 4er2a3 n*,6er
atta75e$ to t5e,M Ma;6e t5e 2nferen7e 24 t5at t5e4e F7o*95 $ro+4G :ere of t5e t;+e one :o*3$ f2n$
2n a 6oC :2t5 t5e UPC t5at a++ear4 on 6ot5 re7e2+t4 2n EC5262t 0 <t5e re7e2+t for O0&"'A 7onta2n2n9
t5e entr2e4 for t5e 2te,4 a33e9e$3; 7on4*,e$ :523e 45o++2n9 for an; +a;2n9 for t5e entr2e4 on t5e
re7e2+t for O/("/A) 5o:e#er at tr2a3 te4t2,on; :a4 t5e *n4*++orta63e an$ $24en9eno*4 +o42t2on
t5at Front2no =ne: t5e; :ere t5e eCa7t F7o*95 $ro+4G t5at :ere for,er3; 2n t5e 6oCe4 t5at Front2no
5a$ 9at5ere$ an$ not fro, t5e 6oC of t5e 4a,e D*ra7t Co*95 Me3t4 <a9a2n 6ear2n9 t5e 4a,e UPC)
t5at a++eare$ on Co*9532n@4 O/("/A re7e2+t"
La7=2n9 an; rea3 +ro6a63e 7a*4e to arre4t e4+e72a33; for t5e a33e9e$ ,24$e,eanor not
7o,,2tte$ 2n t5e Off27er@4 +re4en7e after ' +"," <4ee 6e3o: NRS 0'0"0A&<0)<a))) RSIC Off27er
Cra:for$ a tra2nee 6e2n9 o#er4een 6; Off27er Bra*n:ort5 :5o 7o*3$ 6are3; re,e,6er 524 o:n
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01559
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na,e on t5e :2tne44 4tan$ at tr2a3 :a4 3eft to t5e $*62o*4 at 6e4t a33e9at2on t5at 5e 5a$ to ,a=e an
arre4t 6e7a*4e Co*9532n fa23e$ to +ro#2$e 524 $r2#er@4 327en4e< t524 a44ert2on :a4 $*62o*4 at 6e4t an$
fra*$*3ent +o327e ,247on$*7t $one *n$er 7o3or of 4tate 3a: 6e4t 7on42$er2n9 t524 o77*rre$ at a reta23
+ro+ert; o:ne$ 6; t5e 4a,e ent2t; t5e Reno S+ar=4 In$2an Co3on; t5at o:n4 an$ r*n4 t5e RSIC
+o327e for7e an$ :5275 +artner4 :2t5 an$ rent4 to 3an$ on :5275 t524 1a3?Mart 42t4 to 2t4 6*42ne44
+artner 1a3?Mart 7on42$er2n9 t5at t5e 2nterro9at2on roo, #2$eo4 +ro+o*n$e 6; t5e C2t; of Reno
2t4e3f an$ f23,e$ 6; 1a3?Mart 73ear3; 45o: Off27er Cra:for 6e2n9 5an$e$ Co*9532n@4 $r2#er@4
327en4e 6; Co*9532n an$ Cra:for$@4 :r2tten re+ort 5a4 2n Cra:for$@4 o:n 5an$:r2t2n9 t5e eCa7t
$r2#er@4 327en4e n*,6er 6e3on92n9 to Co*9532n on t5e F4*4+e7t4 2nfor,at2onG +ort2on of t5e re+ort
2n a$$2t2on to ot5er 2nfor,at2on ta=en $2re7t$3; off of t5e $r2#er@4 327en4e Co*9532n +ro#2$e$ to
Cra:for$)" F*rt5er Co*9532n@4 atte,+t4 to o6ta2n t5e $24+at75 7a334 an$ re7or$4 an$ an; %00 7a334
,a$e 6; 1a3?Mart :5ere ,et :2t5 7ontra$27tor; re4+on4e4 an$ o6f*47at2on" Nonet5e3e44 *+on
2nfor,at2on an$ 6e32ef 4*75 re7or$4 :o*3$ 45o: :5at t5e 2nterro9at2on roo, #2$eo 45o:4 2e
Off27er Cra:for$ *42n9 524 ra$2o to 7a33 2nto $24+at75 an$ r*n a 75e7= for +r2or4 on Co*9532n
*t232L2n9 Co*9532n@4 $r2#er4 327en4e n*,6er" In$ee$ t5e NCIS re+ort4 an$ re7or$4 32=e3; are
re8*2re$ to 45o: :5en 4*75 a re+ort :a4 r*n an$ 6; :5o, an$ Off27er Cra:for$@4 4*64e8*ent
,2n72n9 a44ert2on on t5e :2tne44 4tan$ t5at t5e 1a45oe Co*nt; Ba23 +ro#2$e$ 52, Co*9532n@4
$r2#er@4 327en4e n*,6er 24 not on3; 7o*nter to +r2#a7; 3a:4 an$ 1a45oe Co*nt; Ba23 +o327; an$
+ro7e$*re 2t 24 a34o 63atant3; fa34e an$ a +at5et27 atte,+t to 9a,e t5e 4;4te, *n$er 7o3or of 4tate
3a:" To t5e eCtent t5at C2t; of Reno De+*t; Pro4e7*tor Pa,e3a Ro6ert4 E48" :a4 2n +o44e442on of
t5e4e 2nterro9at2on roo, #2$eo4 an$ 7ont2n*e to fa7232tate Off27er Cra:for$@4 a++arent +erD*r; or at
3ea4t 93ar2n9 F,24?re,e,6eran7eG 2t 45o*3$ ,2t29ate an; an9er or reta32at2on ,a$e a9a2n4t
Co*9532n for atta7529n a4 an eC5262t to a +retr2a3 ,ot2on t5e #ar2o*4 3a: re#2e:4 re3ate$ to
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01560
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+ro4e7*tor2a3 ,247on$*7t t5at for,er +ro4e7*tor RMC B*$9e Ho:ar$ 4ee,e$ to f2n$ 4o offen42#e
an$ off+*tt2n9"
A ,2n*te 6; ,2n*te 75rono3o9; re#ea34 t5at t5e O/("/A re7e2+t :a4 244*e$ at A0:0& on
Se+te,6er %
t5
A.00" T5e O0&"'& re7e2+t t5at 1a3?Mart 7reate$ to 4*++ort 2t4 #a3*at2on of t5e 2te,4
a33e9e$3; 7on4*,e$ :523e 45o++2n9 6*t not +a2$ for :a4 7reate$ 4o,e ten ,2n*te4 3ater at A0:A&
<,232tar; t2,e A& 5o*r 73o7=)" T5e RSIC Po327e Off27er4 Ca,eron Cra:for$ an$ T5e t2,e
4ta,+2n9 on t5e t:o Interro9at2on Roo, #2$eo4 +ro#2$e$ 6; 1a3?Mart 2n$27ate t5e 2nterro9at2on
ran fro, A0:0' to A0:(%" Co*9532n +ro#2$e$ RSIC Off27er Cra:for$ 524 $r2#er@4 327en4e at
a++roC2,ate3; A0:A( <t5e - ,2n*te &% 4e7on$ ,ar= of t5e Interro9at2on Roo, #2$eo)" Cra:for$4
In72$ent Re+ort 2n$27ate4 5e tran4+orte$ Co*9532n at AA:.. to t5e 1a45oe Co*nt; Ba23" T5e
Interro9at2on Roo, #2$eo4 ,a$e 6; 1a3?Mart <t5e one@4 :5ere Front2no 24 4een 5295 f2#2n9 a 1a3?
Mart 7o5ort an$ 4een 92#2n9 t5e RSIC off27er4 a 7$>$#$ $e4+2te t5e fa7t t5at 3ater on 6ot5 1a3?
Mart@4 Front2no an$ t5e RSIC Off27er4 Cra:for$ an$ Bra*n:ort5 te4t2f2e$ t5at ot5er t5an t5e t:o
Interro9at2on Roo, #2$eo4 no ot5er #2$eo4 :ere +ro#2$e$ to t5e RSIC PD nor :a4 an; ot5er
re3e#ant a7t2on 7a*95t on #2$eo fro, t5at n295t" 1a3?Mart@4 T5o,a4 Front2no@4 S*++3e,enta3
12tne44 State,ent For, 24 $ate$ Se+te,6er %
t5
A.00 :2t5 a t2,e of AA:0( an$ 324t4 524 FRe42$en7e
A$$re44G a4 A&AE E" Se7on$ St" Reno /%E.A :5275 24 t5e a$$re44 92#en for t5e 1a3?Mart a4 :e33
2n #2o3at2on of t5e S2Ct5 A,en$,ent R295t of Confrontat2on"
1a3?Mart@4 T5o,a4 Front2no Lo44 Pre#ent2on A44o72ate@4 FS*++3e,enta3 12tne44 State,ent
For, of Se+te,6er %
t5
A.00 :2t5 a t2,e 7o,+3ete$ 5an$:r2tten 2n a4 AA:0( <0.:0( +",") rea$4:
FOn .%>.%0A.00 at a6o*t /:&E PM I not27e$ a ,a3e 7*4to,er :5o I 5a$
+re#2o*4 en7o*nter4 :2t5 :5o :e 5a$ fo33o:e$ for 4*4+272o*4 a7t2#2t2e4 2n
t5e +a4t" A4 I fo33o:e$ 52, aro*n$ t5e 4tore 5e ,a$e 524 :a; 6a7= an$
fort5 a7ro44 t5e 4tore" He 4e3e7te$ #ar2o*4 2te,4 4*75 a4 7an$; an$ 7o*95
,e$272ne an$ 4o,e #ar2o*4 ot5er foo$ 2te,4" He o+ene$ t:o +a7=a9e4 of
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01561
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7o*95 $ro+4 an$ 7on7ea3e$ t5e 7ontent4 2n42$e 524 +o7=et4" He t5en t5re:
t5e +a7=a92n9 to t5e 7o*95 $ro+4 2n t:o $2fferent 9ar6a9e 7an4 2n t5e
4tore" One 2n t5e 7an$; a243e an$ one 2n t5e 4o$a a243e"
He a34o 4e3e7te$ a 75o7o3ate 6ar :5275 5e +ro7ee$e$ to o+en an$ eat
t5ro*95o*t t5e 4tore" 15en 5e :a4 f2n245e$ 45o++2n9 5e :ent to re924ter
0' an$ +a2$ for t5e re4t of t5e ,er75an$24e t5at 5e 5a$ 4e3e7te$" He $2$
not 5o:e#er ,a=e an; atte,+t to +a; for t5e 75o7o3ate 6ar an$ 7o*95
$ro+4 5e 5a$ 4e3e7te$" He 7on7ea3e$ t5e :ra++er to t5e 7an$; 2n t5e 7art
an$ 7o#ere$ 2t :2t5 4an2t2Ler :2+e4" He t5en eC2te$ t5e fa7232t; #2a t5e
9ro7er; $oor4"
On7e 7o,+3ete3; o*t42$e t5e fa7232t; I a++roa75e$ 52, :2t5 Stan3e;
C*nn2n95a, an$ 2$ent2f2e$ ,;4e3f a4 1a3?,art a44et +rote7t2on an$
2nfor,e$ 52, t5at I nee$e$ 52, to reenter t5e fa7232t; 4o t5at :e :o*3$ 6e
a63e to 7o,+3ete o*r 2n#e4t29at2on" He :a4 7o,+32ant at t524 t2,e an$
fo33o:e$ *4 to t5e off27e" At t524 t2,e 6e7a,e non 7o,+32ant" T5e +o327e
arr2#e$ on 47ene an$ too= o#er t5e 2n#e4t29at2on" 15en a4=e$ 6; t5e
off27er4 2f 5e :o*3$ 7on4ent to a +at $o:n 5e 7o,+32e$" A34o after 5e :a4
+3a7e$ *n$er arre4t 6; t5e off27er 524 6e3on92n94 :ere e,+t2e$ fro, 524
+ant4 +o7=et4 an$ :e :ere a34o a63e to re7o#er 4o,e of t5e 7o*95 $ro+4
t5at 5e 5a$ 7on7ea3e$ on 524 +er4on" He t5en 6e7a,e #er; non?7o,+32ant
:2t5 t5e off27er4 8*e4t2on2n9" He :a4 arre4te$ an$ re,o#e$ fro, o*r
fa7232t;" He :a4 a34o tre44+a4e$ at t524 t2,e fro, a33 1a3?Mart fa7232t2e4"
V2$eo e#2$en7e :233 a34o 6e 7o,+23e$"G
NRS 0'0"0A&<0)<a)):Arre4t 6; +ea7e off27er or off27er of Dr*9 Enfor7e,ent
A$,2n24trat2on"
0" EC7e+t a4 ot5er:24e +ro#2$e$ 2n 4*64e7t2on ( an$ NRS ((".'. an$ (("(A. a
+ea7e off27er or an off27er of t5e Dr*9 Enfor7e,ent A$,2n24trat2on $e429nate$ 6;
t5e Attorne; Genera3 of t5e Un2te$ State4 for t5at +*r+o4e ,a; ,a=e an arre4t 2n
o6e$2en7e to a :arrant $e32#ere$ to 52, or 5er or ,a; :2t5o*t a :arrant arre4t a
+er4on:
<a) For a +*6327 offen4e 7o,,2tte$ or atte,+te$ 2n t5e off27erP4 +re4en7e"
NRS 0'0"0A( Te,+orar; $etent2on 6; +ea7e off27er of +er4on 4*4+e7te$ of
7r2,2na3 6e5a#2or or of #2o3at2n9 7on$2t2on4 of +aro3e or +ro6at2on: L2,2tat2on4"
0" An; +ea7e off27er ,a; $eta2n an; +er4on :5o, t5e off27er en7o*nter4
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7o,,2tt2n9 or 24 a6o*t to 7o,,2t a 7r2,e"
(" T5e off27er ,a; $eta2n t5e +er4on +*r4*ant to t524 4e7t2on on3; to a47erta2n
t5e +er4onP4 2$ent2t; an$ t5e 4*4+272o*4 72r7*,4tan7e4 4*rro*n$2n9 t5e +er4onP4
+re4en7e a6roa$" A"y &erso" so deta"ed s(all de"tfy ('self or (erself+ b$t
'ay "ot be !o'&elled to a"s*er a"y ot(er ".$ry of a"y &ea!e off!er"
- A.>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01562
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NRS 0'0"0A(0 Arre4t 2f +ro6a63e 7a*4e a++ear4" At an; t2,e after t5e on4et
of t5e $etent2on +*r4*ant to NRS 0'0"0A( t5e +er4on 4o $eta2ne$ 45a33 6e arre4te$
2f +ro6a63e 7a*4e for an arre4t a++ear4" If after 2n8*2r; 2nto t5e 72r7*,4tan7e4
:5275 +ro,+te$ t5e $etent2on no +ro6a63e 7a*4e for arre4t a++ear4 4*75 +er4on
45a33 6e re3ea4e$"
NRS 0'0"0A( Te,+orar; $etent2on 6; +ea7e off27er of +er4on 4*4+e7te$ of 7r2,2na3 6e5a#2or
or of #2o3at2n9 7on$2t2on4 of +aro3e or +ro6at2on: L2,2tat2on4"
0" An; +ea7e off27er ,a; $eta2n an; +er4on :5o, t5e off27er en7o*nter4 *n$er
72r7*,4tan7e4 :5275 rea4ona63; 2n$27ate t5at t5e +er4on 5a4 7o,,2tte$ 24 7o,,2tt2n9 or 24
a6o*t to 7o,,2t a 7r2,e"
A" An; +ea7e off27er ,a; $eta2n an; +er4on t5e off27er en7o*nter4 *n$er 72r7*,4tan7e4
:5275 rea4ona63; 2n$27ate t5at t5e +er4on 5a4 #2o3ate$ or 24 #2o3at2n9 t5e 7on$2t2on4 of t5e
+er4onP4 +aro3e or +ro6at2on"
(" T5e off27er ,a; $eta2n t5e +er4on +*r4*ant to t524 4e7t2on on3; to a47erta2n t5e +er4onP4
2$ent2t; an$ t5e 4*4+272o*4 72r7*,4tan7e4 4*rro*n$2n9 t5e +er4onP4 +re4en7e a6roa$" An;
+er4on 4o $eta2ne$ 45a33 2$ent2f; 52,4e3f or 5er4e3f 6*t ,a; not 6e 7o,+e33e$ to an4:er an;
ot5er 2n8*2r; of an; +ea7e off27er"
&" A +er4on ,*4t not 6e $eta2ne$ 3on9er t5an 24 rea4ona63; ne7e44ar; to effe7t t5e
+*r+o4e4 of t524 4e7t2on an$ 2n no e#ent 3on9er t5an -. ,2n*te4" T5e $etent2on ,*4t not
eCten$ 6e;on$ t5e +3a7e or t5e 2,,e$2ate #272n2t; of t5e +3a7e :5ere t5e $etent2on :a4 f2r4t
effe7te$ *n3e44 t5e +er4on 24 arre4te$"
<A$$e$ to NRS 6; 0%-% E(EK A 0%'( E%'K 0%'E 0A..K 0%/' 00'AK 0%%E A.-/)
NRS 0'0"0A(0 Arre4t 2f +ro6a63e 7a*4e a++ear4" At an; t2,e after t5e on4et of t5e
$etent2on +*r4*ant to NRS 0'0"0A( t5e +er4on 4o $eta2ne$ 45a33 6e arre4te$ 2f +ro6a63e 7a*4e
for an arre4t a++ear4" If after 2n8*2r; 2nto t5e 72r7*,4tan7e4 :5275 +ro,+te$ t5e $etent2on no
+ro6a63e 7a*4e for arre4t a++ear4 4*75 +er4on 45a33 6e re3ea4e$"
1a3?Mart@4 Front2no@4 4:orn Cr2,2na3 Co,+3a2nt 5o:e#er fa234 to ,a=e an; 2n$27at2on of
D*4t 5o: 5e =ne: or :5; 5e 6e32e#e$ Co*9532n #2o3ate$ RMC /"0.".&." To t5e eCtent t5at Front2no
:r2te4 2n 524 o:n 5an$ t5at t5e 2te,4 Fta=en or 7arr2e$ a:a;G <$e4+2te Front2no 2f not t5e #ar2o*4
ne:4 o*t3et4 7o#er2n9 t524 7a4e a7t*a33; te4t2f;2n9 t5at 5e F:at75e$ Co*9532n 7on4*,e t5e 75o7o3ate
6arG :523e 45o++2n9) 2n73*$e$ a F75o7o3ate 6arG :5en t5e UPC of t5e re7e2+t for t5e a33e9e$3; 4to3en
2te,4 +ro#2$e$ 6; 1a3?Mart a7t*a33; re#ea34 t5at UPC to 6e3on9 to a FMa9n*, Do*63e Cara,e3 I7e
Crea, BarG t5e Co,+3a2nt fa234 to +3e$ :2t5 t5e 4ort of 4+e72f272t; ne7e44ar to 4*4ta2n a +ro4e7*t2on
- A0>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01563
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,*75 3e44 t5e te,+orar; 4*4+en42on of one@4 3a: 327en4e" Attorne;@4 7on$*7t 2n 7ont2n*2n9 to 7ro44?
eCa,2ne +o327e off27er after D*$9e 5a$ r*3e$ t5at +o327e 3o9 :a4 not a$,244263e :a4 not 7onte,+t
:5ere attorne; 73a2,e$ t5at 5e :a4 tr;2n9 to 2,+ea75 :2tne44e4@ ,e,or; not 3a; fo*n$at2on for
a$,2442on of 3o9 4o t5at 524 7on$*7t 7o*3$ not 6e 4a2$ to 6e :233f*3" Un2te$ State4 # G2o#ane332 <0%%.
CAA NY) /%' FA$ 0AA'" Re4ort to 4*,,ar; $24+o42t2on of 7r2,2na3 7onte,+t +ro7ee$2n9 *n$er R*3e
&A<a) Fe$era3 R*3e4 of Cr2,2na3 Pro7e$*re 24 +er,244263e on3; :5en eC+re44 re8*2re,ent4 of r*3e are
,et an$ :5en t5ere 24 7o,+e332n9 rea4on for 2,,e$2ate re,e$; or :5en t2,e 24 of e44en7e" T5*4
attorne;@4 7on#27t2on for 7r2,2na3 7onte,+t 2n +*r4*2n9 32ne of 8*e4t2on2n9 for62$$en 6; 7o*rt :o*3$
6e re#er4e$ 42n7e re7or$ 45o:e$ t5at t5ere :a4 no 7o,+e332n9 nee$ for 2,,e$2ate re,e$; +ro#2$e$
6; R*3e &A<a) Fe$era3 R*3e4 of Cr2,2na3 Pro7e$*re an$ t5at tr2a3 7o*rt 6; 2t4 o:n a7t2on4 $2$ not
7on42$er t2,e to 6e of e44en7eK tr2a3 7o*rt 45o*3$ 5a#e o64er#e$ Hnor,a3H +ro7e$*reH of not27e an$
5ear2n9 +ro#2$e$ 6; R*3e &A<6) Fe$era3 R*3e4 of Cr2,2na3 Pro7e$*re" U"S" #" Mo4752ano -%E F"A$
A(- 0A Fe$" R" E#2$" Ser#" 0A& <'t5 C2r" 0%/A)" See Un2te$ State4 # T*rner <0%/' CA00 A3a) /0A
FA$ 0EEA R 0&"
NRS 0'0"0.A Co,+3a2nt $ef2ne$K oat5 or $e73arat2on re8*2re$" T5e
7o,+3a2nt 24 a :r2tten 4tate,ent of t5e e44ent2a3 fa7t4 7on4t2t*t2n9 t5e +*6327
offen4e 75ar9e$" It ,*4t 6e ,a$e *+on:
0" Oat5 6efore a ,a924trate or a notar; +*6327K or
A" De73arat2on :5275 24 ,a$e 4*6De7t to t5e +ena3t; for +erD*r;"
In 524 te4t2,on; $*r2n9 t5e No#e,6er (.
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rea32Le$ t5at 5e nee$e$ to 4a; 4o,et52n9 to t5e effe7t t5at 5e F+er4ona33; :2tne44e$G Co*9532n
F7on4*,2n9G t5e 7o*95 $ro+4 2n t5e 4tore" So T5o,a4 Front2no te4t2f2e$ *n$er oat5 t5e 5e
+er4ona33; :2tne44 Co*9532n 7on4*,2n9 t5e 7o*95 $ro+4 t5ro*95o*t t5e 4tore <FHe o+ene$ t:o
+a7=a9e4 of 7o*95 $ro+4 an$ 7on7ea3e$ t5e 7ontent4 2n42$e 524 +o7=et4"""G)" Ho:e#er 2n 524
- AA>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01564
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S*++3e,enta3 12tne44 State,ent For, Front2no $oe4 not 4a; t5at" T5ere 24 no ,ent2on of 4ee2n9
Co*9532n 7on4*,e an; 7o*95 $ro+4 t5ro*95o*t t5e 4tore" In fa7t at tr2a3 Front2no 432++e$ *+ an$ 5a$
to a$,2t t5at off272a3 1a3?Mart +o327; +re#ente$ 52, fro, fo33o:2n9 Co*9532n 2nto t5e re4troo,
:523e 5e :a4 45o++2n9 :5275 :a4 *nfort*nate a77or$2n9 to Front2no 6e7a*4e 5e :ante$ to 4ee 2f
Co*9532n $2$ an;t52n9 :2t5 t5e 7o*95 $ro+4 2n t5e re4troo, 6*t 7o*3$ not" At tr2a3 Front2no $e72$e$
2t :o*3$ D*4t 6e ,ore eC+e$2t2o*4 an$ a77o,+3245 524 9oa34 8*27=er to 4a; t5at 5e F+er4ona33; e;e
:2tne44e$ Co*9532n 7on4*,2n9 t5e 7o*95 $ro+4 :523e 45o++2n9G"
Front2no t5en 9oe4 on to 2n$27ate t5at Co*9532n Fa34o 4e3e7te$ a 75o7o3ate 6ar :5275 5e
+ro7ee$e$ to o+en an$ eat t5ro*95o*t t5e 4tore"G At tr2a3 Front2no too= 9reat 7are to ,a=e 73ear t5at
5e F+er4ona33; e;e :2tne44e$G Co*9532n 4e3e7t Ft5at eCa7t 75o7o3ate 6arG fro, t5e F7an$; 243eG"
Front2no :a4 non+3*44e$ :5en on 7ro44 eCa,2nat2on 2t :a4 +o2nte$ o*t to 52, t5at t5e UPC for t5e
F75o7o3ate 6ar fro, t5e 7an$; 243eG :a4 a7t*a33; t5e UPC for an 27e 7rea, 6ar fro, t5e
refr29erate$>froLen foo$ 243e"
Front2no t5en 2n$27ate4 t5at Co*9532n F$2$ not 5o:e#er ,a=e an; atte,+t to +a; for t5e
75o7o3ate 6ar an$ 7o*95 $ro+4 5e 5a$ 4e3e7te$"G Ho:e#er at Tr2a3 Front2no 5a$ to a$,2t t5at 5e :a4
too far a:a; fro, Co*9532n an$ t5e 7a452er to 5ear :5et5er or not Co*9532n ,a$e an; atte,+t to +a;
for e2t5er t5e F75o7o3ate 6arG or t5e F7o*95 $ro+4G" Front2no :a4 4*re to atte4t *n$er oat5 at tr2a3
t5at 5e :a4 a64o3*te3; 4*re an$ 7o,+3ete3; a63e to te33 fro, 524 #anta9e +o2nt 4o,e a++roC2,ate3; (.
;ar$4 fro, re924ter 0' :5ere Co*9532n +a2$ for t5e 2te,4 5e 4e3e7te$ :523e 45o++2n9 to a47erta2n t5at
none of t5e 2te,4 t5e 7a452er ran9 *+ 5a$ t5e 4a,e UPC a4 4a; t5e 7o*95 $ro+4" Ho:e#er EC5262t 0
73ear3; 45o:4 t5at Front2no :a4 F:ron9G a6o*t t5at 92#en t5at 6ot5 t5e re7e2+t for O0&"'A an$ t5e
re7e2+t for O/("/A 5a#e an entr; for t5e 4a,e D*ra7t Co*95 Me3t F7o*95 $ro+4G <7onta2n2n9 0A
- A(>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01565
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3oLen9e4 <A 4e+arate fo23 45eet :2t5 - 3oLen9e4 on ea75 45eet) :2t5 (. ,9 DeCtro,et5o+5an HBr
<DSM) 2n t5e,"
1a3?Mart@4 Front2no t5en :r2te4 t5at FHe 7on7ea3e$ t5e :ra++er to t5e 7an$; 2n t5e 7art an$
7o#ere$ 2t :2t5 4an2t2Ler :2+e4"G Ho:e#er Front2no t5en te4t2f2e$ t5at t5ere :a4 a64o3*te3; no #2$eo
e#2$en7e 4*++ort2n9 t5at a77*4at2on $e4+2te t5e fa7t t5at t5e area4 aro*n$ 7a452er4 are t;+27a33;
4*6De7t to +art27*3ar3; 5295 #2$eo 47r*t2n;" Front2no te4t2f2e$ t5at 5e re#2e: t5e #2$eo fro, a33
7a,era4 :5ere2n Co*9532n a++eare$ 2n t5e 4tore t5at $a; an$ t5at not52n9 :a4 7a+t*re$ on #2$eo"
Front2no 7annot 6e 4a2$ to 5a#e ,a$e an arre4t F2,,e$2ate3; afterG t5e a33e9e$ 2nfra7t2on
o77*rre$ :5ere 2n 524 S*++3e,enta3 12tne44 State,ent 5e :r2te4: F2nfor,e$ 52, t5at I nee$e$ 52,
to reenter t5e fa7232t; 4o t5at :e :o*3$ 6e a63e to 7o,+3ete o*r 2n#e4t29at2on" He :a4 7o,+32ant at t524
t2,e an$ fo33o:e$ *4 to t5e off27e" At t524 t2,e 6e7a,e non 7o,+32ant" T5e +o327e arr2#e$ on 47ene
an$ too= o#er t5e 2n#e4t29at2on"G
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6; t5e RSIC Off27er4 an$ t5e +ro6a63e 7a*4e ana3;424 an$ 2n8*2r; atten$ant t5ereto" Front2no
@4 :r2tten State,ent 7on73*$e4 6; not2n9 t5at F#2$eo e#2$en7e :233 a34o 6e 7o,+23e$"G In$ee$ 2n t5e
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12t5 re4+e7t to t5e4e D*ra7t Co*95 Me3t F7o*95 $ro+4G""" So ea75 +a7=a9e :o*3$ 7onta2n
(-.,9 of DSM :5275 2f 2n9e4te$ ra+2$3; :o*3$ 92#e one@4 6ra2n t5e $244o72at2#e effe7t4 atten$ant to
$r2n=2n9 an ent2re 3ar9e 6ott3e of 7o*95 4;r*+ 5o:e#er 92#en t5e fa7t t5at 4*75 D*ra7t Co*95 Me3t4
are a 7an$; 32=e 3oLen9e t5at 32tera33; $244o3#e4 2n 4e7on$ t5e ,et5o$ of $e32#er; of 4*75 a 5295
$o4a9e of DSM 7o*3$ +otent2a33; re4*3t 2n 4e#ere 2n7a+a72tat2on an$ or ,enta3 2,+a2r,ent of a
$244o72at2#e nat*re 8*2te ra+2$3; 4o ,*75 4o t5at t524 4ort of 2te, :a4 +*33e$ fro, t5e 45e3#e4
4e#era3 ;ear4 a9o :5en Z27a, or292na33; ,an*fa7t*re an$ $24tr26*te$ t5e," DSM 24 *4e$ 2n 732n72a3
- A&>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01566
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tr2a34 to treat +at2ent4 :2t5 7on$2t2on4 ran92n9 fro, f26ro,;a392a to PTSD an$ 24 2n73*$e$ 2n t5e 73a44
of ,e$27at2on4 =no:n a4 $244o72at2#e4 t5at Ca,+ra3 24 2n a4 :e33" Ca,+ra3 <a7a,+ro4ate) 24 a
,e$27at2on +re47r26e$ to a37o5o3274 t5at 24 2nten$e$ to 3e44en or 7*r6 t5e F+5eno,enon of 7ra#2n9G
a44o72ate$ :2t5 a37o5o324," A7a,+ro4ate 24 t5o*95t to 4ta6232Le t5e 75e,27a3 6a3an7e 2n t5e 6ra2n t5at
:o*3$ ot5er:24e 6e $24r*+te$ 6; a37o5o324, +o44263; 6; anta9on2L2n9 93*ta,ater927 N?,et5;3?D?
a4+artate re7e+tor4 an$ a9on2L2n9 9a,,a?a,2no6*t;r27 a72$ <GABA) t;+e A re7e+tor4" 12332a,4
SH" <A..E)" HMe$27at2on4 for treat2n9 a37o5o3 $e+en$en7eH" A,er27an Fa,23; P5;4272an 'A <%):
0''ET0'/." PMID 0-(...(%" 5tt+:>>:::"aaf+"or9>af+>A..E00.0>0''E"5t,3"
5tt+:>>en":2=2+e$2a"or9>:2=2>DeCtro,et5or+5an
<FDeCtro,et5or+5an 5a4 a34o fo*n$ ot5er *4e4 2n ,e$272ne ran92n9 fro, +a2n re32ef to +4;75o3o927a3
a++327at2on4""""DSM 24 a34o *4e$ re7reat2ona33;" 15en eC7ee$2n9 3a6e3?4+e72f2e$ ,aC2,*, $o4a9e4
$eCtro,et5or+5an a7t4 a4 a $244o72at2#e 5a33*72no9en" It4 ,e75an24, of a7t2on 24 #2a ,*3t2+3e effe7t4
2n73*$2n9 a7t2on4 a4 a non4e3e7t2#e 4eroton2n re*+ta=e 2n5262torI(J an$ a 429,a?0 re7e+torI&JIEJ
a9on24t an$ t5e a7t2on of 2t4 ,aDor ,eta6o32te $eCtror+5an a4 an NMDA re7e+tor anta9on24t
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:2t5 a +oten7; a6o#e $eCtror+5an 6*t 6e3o: $eCtro,et5or+5an 2t4e3f" Ho* CK TLen9 BK C5en YK
L2n CK L2n MK T* CK 1an9 B <A..-)" HDeCtro,et5or+5an (?,et5oC;,or+52nan an$ $eCtror+5an
5a#e 3o7a3 anae4t5et27 effe7t on 472at27 ner#e 63o7=a$e 2n rat4H" E*ro+ean Bo*rna3 of P5ar,a7o3o9;
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re7e+tor <PCP 42te) anta9on24t"""D*r2n9 t5e 0%-.4 an$ 0%'.4 $eCtro,et5or+5an 6e7a,e a#a23a63e 2n
an o#er?t5e?7o*nter ta63et for, 6; t5e 6ran$ na,e Ro,23ar" In 0%'( Ro,23ar :a4 ta=en off t5e
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- AE>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01567
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atte,+t to 7*t $o:n on a6*4e" See 152te 12332a," HT5e DSM EC+er2en7eH"
5tt+:>>:::"ero:2$"or9>75e,27a34>$C,>fa8>$C,UeC+er2en7e"45t,3" Retr2e#e$ De7e,6er A0
A.0.K AB G2ann2n2" Dr*94 of A6*4e??Se7on$ E$2t2on" Lo4 An9e3e4 Pra7t27e Mana9e,ent Infor,at2on
Cor+ 0%%'"G) See a34o: 5tt+:>>:::"*4+5ar,a724t"7o,>7ontent>$>feat*re>2>0E..>7>A/A/A> Ba,ero D"
T5e e,er92n9 ro3e of NMDA Anta9on24t4 2n Pa2n Mana9e,ent" U Pharmacist" A.00" Bo64on
P*632452n9" Po4te$ to Me$47a+e"7o, on ->AA>A.00"
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01568
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01569
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- A/>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01570
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- A%>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01571
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- (.>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01572
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&."AE(<()<6)<A): F (" A not27e 4er#e$ +*r4*ant to 4*64e7t2on 0 or A ,*4t: """<6) A$#24e
t5e tenant: V" <A) T5at 2f t5e 7o*rt $eter,2ne4 t5at t5e tenant 24 9*23t; of an *n3a:f*3
$eta2ner t5e 7o*rt ,a; 244*e a 4*,,ar; or$er for re,o#a3 of t5e tenant or an or$er
+ro#2$2n9 for t5e nona$,2ttan7e of t5e tenant $2re7t2n9 t5e 45er2ff or 7on4ta63e of t5e
7o*nt; to re,o#e t5e tenant :2t52n A& 5o*r4 after re7e2+t of t5e or$erG
an$
&."AE(<E)<a): FE" U+on non7o,+32an7e :2t5 t5e not27e: <a) T5e 3an$3or$ or t5e
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01573
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3an$3or$P4 a9ent ,a; a++3; 6; aff2$a#2t of 7o,+3a2nt for e#27t2on to t5e D*4t27e 7o*rt of
t5e to:n452+ 2n :5275 t5e $:e332n9 a+art,ent ,o623e 5o,e or 7o,,er72a3 +re,24e4
are 3o7ate$ or to t5e $24tr27t 7o*rt of t5e 7o*nt; 2n :5275 t5e $:e332n9 a+art,ent
,o623e 5o,e or 7o,,er72a3 +re,24e4 are 3o7ate$ :5275e#er 5a4 D*r24$27t2on o#er t5e
,atter" T5e 7o*rt ,a; t5ere*+on 244*e an or$er $2re7t2n9 t5e 45er2ff or 7on4ta63e of t5e
7o*nt; to re,o#e t5e tenant :2t52n A& 5o*r4 after re7e2+t of t5e or$er"G
T5e :a; t5e4e 4*,,ar; e#27t2on or$er4 are 6e2n9 7arr2e$ o*t an$ F4er#e$G 2n 1a45oe Co*nt;
+re4ent3; 45o7=4 t5e 7on472en7e an$ #2o3ate4 Ne#a$a 3a:" T5ere 24 not 6a424 for effe7t*at2n9 a
3o7=o*t t5e :a; 1CSO@4 De+*t; Ma75e, $2$ 2n t5e 7a4e of t5e *n$er429ne$@4 for,er 5o,e 3a:
off27e" T5e a6o#e t:o 4e7t2on4 7onta2n2n9 t5e F:2t52n A& 5o*r4 of re7e2+tG 3an9*a9e are 2na++327a63e
a4 t5o4e 42t*at2on4 $o not 2n#o=e t5e +re4ent 72r7*,4tan7e4 :5ere t5e Tenant $2$ f23e an Aff2$a#2t
an$ $2$ 7onte4t t524 ,atter to a $e9ree not often 4een" To re8*2re Ne#a$a@4 tenant4 to 9et *+ an$ 9et
o*t F:2t52n A& 5o*r4G of Fre7e2+t of t5e or$erG <:5at $oe4 t5at e#en ,eanM T5e *4e of ter,4 32=e
Fren$2t2onG Fren$ere$G Fnot27e of entr;G F+rono*n7e$G 24 a64ent 5ere an$ t524 Fre7e2+t of t5e
or$erG 3an9*a9e 24 4o,et52n9 rare3; fo*n$ e34e:5ere 2n Ne#a$a 3a:?4ee atta75e$ DMV 4tat*tor;
72tat2on4 an$ 2n e,+3o;,ent 3a: 32t29at2on :5ere one ,*4t f23e a Co,+3a2nt :2t52n %. $a;4 of
Fre7e2+tG of a R295t To S*e Letter a 42t*at2on :5275 fo33o:4 NRCP E<6) an$ NRCP -<e) 2n 2,+*t2n9
re7e2+t of 4*75 a 3etter :5en a7t*a3 re7e2+t 24 not 45o:n 6; a++3;2n9 a F7on4tr*7t2#e not27eG
4tan$ar$ t5at re32e4 *+on t5e $a;4 for ,a232n9 eCten42on of t2,e for 2te,4 4er#e$ 2n t5e ,a232n9 et7")"
In A6ra5a, #" 1oo$4 Ho3e O7eano9ra+527 In4t2t*te EE( F"($ 00& <04t C2r" A..%) t5e re7or$ $2$ not
ref3e7t :5en t5e +3a2nt2ff re7e2#e$ 524 r295t?to?4*e 3etter" T5e 3etter :a4 244*e$ on No#e,6er A&
A..-" T5e 7o*rt 7a37*3ate$ t5at t5e %.?$a; +er2o$ 7o,,en7e$ on No#e,6er (. A..- 6a4e$ on t5ree
$a;4 for ,a232n9 after eC73*$2n9 Sat*r$a;4 an$ S*n$a;4" In or$er to 6r2n9 a 73a2, *n$er e2t5er T2t3e
VII or t5e ADA a +3a2nt2ff ,*4t eC5a*4t a$,2n24trat2#e re,e$2e4 an$ 4*e :2t52n %. $a;4 of re7e2+t of
a r295t to 4*e 3etter" See &A U"S"C" R A...e?E<f)<0)" See Ba3$:2n Co*nt; 1e37o,e Center #" Bro:n
&-- U"S" 0&' 0&/ n"0 0.& S"Ct" 0'A( /. L"E$"A$ 0%- <0%/&)<9rant2n9 +3a2nt2ff an a$$2t2ona3 t5ree
- (A>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01574
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$a;4 for ,a232n9 +*r4*ant to R*3e -)"
12t5 re4+e7t to an; ,ent2on of FA& 5o*r4G an$ t5e a++327a6232t; of t5e BCRCP to 7a4e4 32=e
t5e4e NRS &."&.. R*3e4 of +ra7t27e 5o3$4 t5at :GT5e +ro#242on4 of NRS Ne#a$a R*3e4 of C2#23
Pro7e$*re an$ Ne#a$a R*3e4 of A++e33ate Pro7e$*re re3at2#e to 72#23 a7t2on4 a++ea34 an$ ne: tr2a34
4o far a4 t5e; are not 2n7on424tent :2t5 t5e +ro#242on4 of NRS &."AA. to &."&A. 2n73*42#e a++3; to
t5e +ro7ee$2n94 ,ent2one$ 2n t5o4e 4e7t2on4" A4 4*75 NRCP -<a)<e) a++32e4 to t5e Or$er of
S*,,ar; E#27t2on t5at 1CSO De+*t; Ma75e, a33e9e$ *n$er +ena3t; of +erD*r; t5at 5e H+er4ona33;
4er#e$H *+on ,e on No#e,6er 0 A.00"
ATTEM/T AT /ART%AL TRANSCR%/T OF TR%AL
Here 24 t5e *n$er429ne$@4 atte,+t to t;+e o*t :or$ for :or$ t5e 6e92nn2n9 of t5e +ro7ee$2n9
2n t524 ,atter <Co*9532n@4 2n$29en7; 5a4 +re#ente$ 4e7*r2n9 t5e +ro$*7t2on of a 7ert2f2e$ tran47r2+t an$
5o+ef*33; 2t 24 o6#2o*4 to t5e rea$er t5e +o2nt4 at :5275 t5e *n$er429ne$ 2nter32neate4 7o,,entar; or
ana3;424 :2t52n t5e tran47r2+t2on 2t4e3f t;+27a33; a3:a;4 4et offf 6; +arent5e4e424" F*rt5er t5e For T5e
Re7or$ #er42on of t5e a*$2o of t5e +ett; 3ar7en; tr2a3 24 a#a23a63e for free $o:n3oa$ 5ere a4 are t5e
t:o Interro9at2on Roo, #2$eo4 of t5e Se+te,6er %
t5
A.00 arre4t at 1a3,art an$ t5e $247o#er;
+ro$*7e$ 6; t5e C2t; Attorne; an$ t5e re7e2+t for O/("/A 45o:2n9 t5e UPC for t5e 7o*95 $ro+4 $2$
a++ear on t5e re7e2+t 7ontrar; to Front2no an$ Off27er Cra:for$4 te4t2,on;"):
5tt+4:>>4=;$r2#e"32#e"7o,>re$2rMre42$N&(./&-(/F(AFEFA/W%A0
<Be92nn2n9 of a*$2o tran47r2+t at A:0A +",")
Mar45a33: a33 r24e $e+art,ent for t5e Reno M*n272+a3 Co*rt 4taff 4e442on t5e Hon"
B*$9e Ho:ar$:+re42$2n9
Hon" B*$9e Ho:ar$: Be 4eate$ e#er;one
Ro6ert4: Yo*r Honor 3a4t 7a4e4 24 C2t; #er4e4 Za75ar; Co*9532n: 00 CR AA0'- Mr"
Co*9532n :o*3$ ;o* 4te+ for:ar$ +3ea4eM
Hon" B*$9e Ho:ar$: a33 r295t t524 24 t5e t2,e an$ +3a7e 4et for tr2a3 2n re9ar$ to a
+et2t 3ar7en; a33e9e$ to 6een 7o,,2tte$ on Se+te,6er % of t524 ;ear 7o,+3a2nt a33e9e4
t5at 4a2$ $efen$ant on or a6o*t Se+te,6er % A.00 at 1a3?Mart A&AE E" An$ St" 72t; of
Reno 4tate of Ne#a$a $2$ ta=e 7arr;2n9 a:a; 1a3?Mart +ro+ert; #a3*e$ at 3e44 t5an
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01575
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OAE. :2t5 t5e 2ntent to $e+r2#e 1a3?Mart of 4a2$ +ro+ert; 4a2$ +ro+ert; 7on424te$ of
7o*95 $ro+4 an$ a 75o7o3ate 6ar Mr" Co*9532n 24 t5at ;o*r *n$er4tan$2n9 of t5e
75ar9eM
Co*9532n: I 6e32e#e 4o Yo*r Honor
Hon" B*$9e Ho:ar$: a33 r295t +art 6ot5 +art2e4 rea$; to +ro7ee$ at t524 t2,e
Ro6ert: Ye4 Yo*r Honor
Co*9532n: no Yo*r Honor I@, not rea$; to +ro7ee$
Hon" B*$9e Ho:ar$: :5; not
Mr" Co*9532n: 1e33 t5ere 24 a #ar2et; of rea4on4 Yo*r Honor
Hon" B*$9e Ho:ar$: ;o* 5a#e to 4+ea= *+ 2f ;o* :ant ,e""
Co*9532n: ;e4 42r Yo*r Honor t5ere@4 a #ar2et; of rea4on4 42r I :o*3$ 4a; 752ef of
:5275 24 t5at 2t *n3a:f*3 rent $24tra2nt 24 7*rrent3; 6e2n9 a++32e$ to ,; f23e4 t5at are
ne7e44ar; to $efen$ t524 7a4e I :a4 e#27te$ 2n D*4t27e 7o*rt 7a4e REVA.00?..0'./
re7ent3; 6e42$e4 5a#2n9 an 2,+er,244263e rent e47ro: $e+o42t a++32e$ to ,e 2n t5at
7a4e"
Hon" B*$9e Ho:ar$: :5at $oe4 t5at 5a#e to $o :2t5 t524 7a4eM
Co*9532n: re7ent3; I 5a#e 6een affe7te$ a33 ,; f23e4
Hon" B*$9e Ho:ar$: r295t
Co*9532n: a33 ,; f23e4 2n72$ent to t5e $efen4e of t524 7a4e are 7*rrent3; 6e2n9 :2t55e3$
*n$er 2n an 2,+er,244263e rent $24tra2nt 2n #2o3at2on of NRS &."AE( an$ 00/ a"&-.
Hon" B*$9e Ho:ar$::5at e34e ;o* 5a#e ot5er t5an t524 :5at e34e ;o* 5a#e a4 a 6a424
for not 6e2n9 +re+are$M
Co*9532n: I ,a$e n*,ero*4 atte,+t4 to 7onta7t t5e Reno C2t; Attorne;@4 off27e an$
M4" Ro6ert4 2n atte,+t4 to $247*44 t524 ,atter
Hon" B*$9e Ho:ar$: M4" Ro6ert4
Co*9532n: an$ I 5a#e not 6een a63e to rea75 5er
Hon" B*$9e Ho:ar$: or t5at 4o*n$ 6a424 for a 7ont2n*an7e ,a;6e 45e $oe4n@t 4+ea= to
45e 24 not re8*2re$ to
Co*9532n: f*rt5er t5ere@4 a 9oo$ $ea3 of $247o#er; t5at nee$4 to 6e *n$erta=en 2n t524
re9ar$ 1a3?Mart 5a4 6een o64tr*7t2#e a4 :e33 a4 <*n2nte3329263e)
Hon" B*$9e Ho:ar$: :5at 2te,4 of $247o#er;
Co*9532n: :e33 I@$ 32=e to ta=e 4o,e $e+o42t2on4 a4 :e33 5a#e t5e, re4+on$ to 4o,e
4*6+oena $*7e4 te7*,4 I 5a$ 4er#e$ on t5e,
Hon" B*$9e Ho:ar$: :5at e34eM
Co*9532n: t5e 4a,e 7o*3$ 6e 4a2$ for t5e Reno S+ar=4 In$2an Co3on; an$ t524 24 a
7o,+3eC 7a4e 2n ter,4 ;o* 5a#e t5e In$2an 7o3on; rent2n9 +ro+ert; to 1a3?Mart :523e
e,+3o;2n9 t5e 4a,e +o327e +atro332n9 t5e +ro+ert; on :5275 t5e; 5a#e a f2nan72a3 4ta=e
2n :5et5er ,a=e an arre4t t5ere@4 Fo*rt5 A,en$,ent 244*e4 2n#o3#e$ 2n t524 7a4e a4
:e33 24 &A 4e7t2on 0%/( a6*4e of +ro7e44@4 an$ +o327e ,247on$*7t 2n ter,4 of atte,+t2n9
to o6ta2n 7on4ent to an 2,+er,244263e 4ear75 t5ro*95 7oer72#e ,ean4 t524 24 not a
42,+3e 7a4e"""72#23 re7o#er; a6*4e4 are 6e2n9 a33e9e$ on t5e +art of 1a3?Mart atte,+te$
4tate a7tor4"" a34o an$ I +ro6a63; 7an@t +*t 2nto :or$4 Yo*r Honor 5o: tr*3;
$24r*+t2#e t524 e#27t2on 5a4 6een""" I :a4 e#27te$ fro, ,; 5o,e off27e" I a, an
attorne; 2n t5e 4tate of Ne#a$a ,; 732ent f23e4 are 7*rrent3; I $on@t e#en =no: 2f I
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01576
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45o*3$ 7a33 t5e, ,; f23e4 or ,; 732ent@4 f23e4 are 6e2n9 :2t55e3$ *n$er an 2,+er,244263e
rent $24tra2nt" A34o I :a4 4eC*a33; a44a*3te$ 6; a 6a232ff 2n 7o*rt t5e ot5er $a;
Hon" B*$9e Ho:ar$: 2n t524 7o*rt
Co*9532n: 2n B*4t27e Co*rt
Co*9532n: a33 of t5e4e ,atter4 7ontr26*te to an *n$*3; 6*r$en4o,e en#2ron,ent 2n
:5275 ,; a6232t; to $efen$ t524 7a4e 5a4 6een *n$*3; +reD*$27e$ 2n t5e eCtre,e
Hon" B*$9e Ho:ar$:I a, 9o2n9 to $en; t5e re8*e4t to 7ont2n*e I 9*e44 :5et5er t524 24 a
7o,+3eC 7a4e 24 2n t5e e;e of t5e 6e5o3$er I $on@t t;+27a33; f2n$ t5at t5e4e ,atter4 are
a4 7o,+3eC a4 ;o*@#e 2n$27ate$ t5e; are on t5at a4 :e33 t5at ,*75 of t5e ar9*,ent t5at
;o* ,a$e 5ere re3at2n9 to 4eC*a3 a44a*3t of a 6a232ff an$ anot5er 7o*rt ;o*r 2na6232t; to
+o44e44 7ontro3 ;o*r 732ent f23e4 5a#e no re3e#an7e 2n ,; ,2n$ to +ro7ee$2n9 :2t5 t5e
75ar9e4 an$ +ett; 3ar7en; a33e9e$ to 5a#e o77*rre$ at 1a3?Mart on Se+te,6er %
Co*9532n: not D*4t ,; 732ent f23e4 or ,ater2a34 nee$e$ to $efen$ t524 7a4e are 6e2n9
:2t55e3$
Hon" B*$9e Ho:ar$: I 2nterr*+t ;o* 42r $on@t 2nterr*+t ,e"
Co*9532n: Ye4 42r"
Hon" B*$9e Ho:ar$: A$$2t2ona3 note t5at t5e 3a4t 5ear2n9 No#e,6er 0& t5e 72t; :a4
+re4ent :2t5 t5ree :2tne44e4 t5e ,atter :a4 7ont2n*e$ an$ :e 2n2t2a33; 2n$27ate$ t5at
:e :o*3$ note Mr" Co*9532n@4 fa23*re to a++ear :e or$ere$ a 6en75 :arrant an$ O0...
7a45 6a23 on3; to $247o#er *nfort*nate3; for Mr" Co*9532n t5at 5e :a4 2n 7*4to$; 4o
t5e ,atter :a4 re4et" I t52n= t5ere@4 6een 4*ff272ent t2,e to +re+are for tr2a3 2n t524
,atter 4o :e :233 +ro7ee$ :2t5 tr2a3 a33 :2tne44e4 +3ea4e 4tan$ an$ ra24e ;o*r r295t 5an$
4o ;o* 7an 6e 4:orn +3ea4e
Co*9532n: 2f I 7an D*4t ,a=e ,; o6De7t2on4 for t5e re7or$ S2rM
Hon" B*$9e Ho:ar$: 4tan$2n9 o6De7t2on4
Co*9532n: M4" Ro6ert4 5a4 a9ree$ to a 7ont2n*an7e 4*6,2tt2n9 a :r2tten a9ree,ent to
t5e 7ont2n*e4 t524 ,atter
Ho:ar$:M4" Ro6ert4
Ro6ert4: 5e 2n2t2a33; 5a$ a4=e$ for a ,ot2on to 7ont2n*e 4o,et2,e a9o I :ent :a4 for
t5e 0&t5 an$ I $2$ not o6De7t at t5at t2,e a, I t52n= ;o* 4ent ,e an e?,a23 after t5e 0&t5
an$ I 4a2$ I :o*3$ not o6De7t 6*t Yo*r Honor 4o at t5at t2,e I $2$ not o6De7t 5e 5a4
f23e$ a$$2t2ona3 ,ot2on4 :2t5 a$$2t2ona3 a33e9at2on4 t5at I t52n= 45o*3$ 6e 4tr27=en an$
not 7on42$ere$ 6; t524 7o*rt an$ I@$ 32=e to :2t5$ra: ,; 3a7= of o++o42t2on to
7ont2n*an7e
Hon" B*$9e Ho:ar$: :233 2n an; e#ent t524 7o*rt 24 not 9o2n9 to a9ree to t5e 4t2+*3at2on
2f t5ere :a4 a 4t2+*3at2on to 7ont2n*e :2t5 :2tne44e4 5ere for 4e7on$ t2,e t5e;@re rea$;
to +ro7ee$ t524 24 7a4e 9o2n9 for:ar$ an$ :e :233 4:ear 2n t5e :2tne44e4
Mar45a33: I 4:ear to te33 t5e tr*t5 an$ not52n9 6*t t5e tr*t5
12tne44e4: Ye4 42r"
Mar45a33: T5e;@#e 6een 4:orn"
Hon" B*$9e Ho:ar$: A33 r295t Mr" Co*9532n $o I nee$ to 9o o#er t5e +ro7e$*re 5ere
to$a;M
Co*9532n: Ye4 42r"
Hon" B*$9e Ho:ar$: t5e 72t; 5a4 a 6*r$en of +roof an$ a4 4*75 :233 a33o: M4" Ro6ert4
to +ro7ee$ :2t5 2t4 7a4e 2n 752ef 2n2t2a33; 45e 7an $o 4o 6; 7a332n9 one ,ore :2tne44e4 to
t5e :2tne44 4tan$ ;o* 5a#e an o++ort*n2t; to 7ro44 eCa,2ne ea75 of t5o4e :2tne44e4
- (E>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01577
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on7e 45e 5a4 7o,+3ete$ 45e 7an a34o offer an; +5;427a3 or $o7*,entar; e#2$en7e t5at
45e fee34 24 re3e#ant o6#2o*43; 4*6De7t to an; o6De7t2on4 t5at ;o* ,295t 5a#e to
re3e#an7;" On7e t5e 72t; 5a4 7on73*$e$ 2t4 7a4e ;o* :233 5a#e an o++ort*n2t; to +re4ent
a $efen4e" I 52953295t t5e :or$ o++ort*n2t; 6e7a*4e I t52n= ;o* *n$er4tan$ t5ere 24 no
re8*2re,ent t5at ;o* +re4ent an; e#2$en7e :5at4oe#er an$ 45o*3$ ;o* 75oo4e not to
te4t2f; t524 7o*rt t5ere@4 no 2nferen7e a4 to ;o*r 9*23t or 2nno7en7e 6a4e$ on ;o*r
$e7242on not to te4t2f; on t5e ot5er 5an$ ;o* 5a#e an a64o3*te r295t to offer te4t2,on;
2n t5e for, of :2tne44e4 2n73*$2n9 ;o*r4e3f rea32L2n9 t5at ea75 of t5o4e :2tne44e4 :233
6e 4*6De7t to 7ro44?eCa,2nat2on 6; t5e 72t; attorne; 2n fa7t 2f ;o* 5a#e an; a$$2t2ona3
e#2$en7e +5;427a3 or $o7*,entar; t5at ;o* :o*3$ 32=e ,e to re#2e: 2n ,o4t
72r7*,4tan7e4 I :233 $o 4o 4*6De7t on7e a9a2n to an; o6De7t2on4 t5at t5e 72t; attorne;
an$ 5e ,295t 5a#e to t5at e#2$en7e on7e t5e t:o of ;o* 5a#e 4*6,2tte$ ;o*r re4+e7t2#e
7a4e4 I :233 a33o: 6ot5 of ;o* to ,a=e 73o42n9 ar9*,ent4 on7e 7on73*$e$ t524 7o*rt
:233 ren$er a $e7242on a4 ;o*r 9*23t for ;o*r 2nno7en7e $o *n$er4tan$M
Co*9532n: I $o 5a#e a 8*e4t2on Yo*r Honor" Yo* ,ent2one$ t5at I :o*3$ 6e a63e to
+re4ent e#2$en7e 2f t5at e#2$en7e 24 6e2n9 :2t55e3$ fro, ,e at t524 +o2nt an$ 2t@4
+en$2n9 t5e re4o3*t2on of a ,ot2on for ret*rn of +er4ona3 +ro+ert; 2n B*4t27e Co*rt I
:o*3$ 6e +re73*$e$ fro, a7t2on a77e442n9 t5at e#2$en7eM
Hon" B*$9e Ho:ar$: I@#e r*3e$ on t5at a3rea$; 5a#e I notM
Co*9532n: It 4o*n$e$ 32=e ;o* 4a2$ 2t $2$n@t ,atter"
Hon" B*$9e Ho:ar$: I $on@t f2n$ t5at 2t@4 re3e#ant to 9o for:ar$ :2t5 t5e tr2a3 to$a;"
Co*9532n: 4o 2f I 5a#e #2$eo e#2$en7e of reta32ator; 2ntent 6; 1a3?MartM
Hon" B*$9e Ho:ar$:;o* 45o*3$@#e 6ro*95t 2t :2t5 ;o* to$a;"
Co*9532n: 6*t 2f 2t@4 6e2n9 :2t55e3$ 2,+er,244263; *n$er t5e 3a:M
Hon" B*$9e Ho:ar$: :e are 9o2n9 for:ar$ to$a; I 5a#e a$$re44e$ t5e 244*e ;o* 7an
6r2n9 2t *+ on a++ea3 2f ;o* fee3 t5at t5e $e7242on of t5e Co*rt 24 2,+ro+er *n$er4too$M
Co*9532n: Ye4 S2rYo*r Honor"
Hon" B*$9e Ho:ar$: Mr" Co*9532n 3et4 ;o* an$ I 5a#e an a9ree,ent to$a; t5at :e
:233 6e re4+e7tf*3 of one anot5er ;o* 7an ten$er an; o6De7t2on4 t5at ;o* ,a; 5a#e I $o
not :ant ;o* to 6e re+et2t2o*4 2f ;o* ,a$e an o6De7t2on or a +re4entat2on an$ I@#e r*3e$
on 2t eC7e+t t5at an$ 3et@4 ,o#e on" Do :e 5a#e an *n$er4tan$2n9M
Co*9532n: I $o 5o:e#er to t5e eCtent t5at ;o*@#e to3$ ,e t5at ,; 32fe an$ 7areer are not
:ort5 a 7ont2n*an7e 6e7a*4e 2t ,295t 7o4t a 1a3?Mart a44o72ate anot5er tr2+ to t5e
7o*rt 5o*4e I $on@t 4ee :5ere :e are 6e2n9 re4+e7tf*3 of ,eYo*r Honor"
<A:A' PM)
Hon" B*$9e Ho:ar$: Ver; 9oo$ +3ea4e +ro7ee$"
Ro6ert4: Yo*r Honor 7an I 2n#o=e eC73*42onar; r*3e a4=e$ T5o,a4 Front2no"
Co*9532n: Yo*r Honor ,a; I D*4t 2nterDe7t an$ a$$re44 a 7o*+3e +re32,2nar; ,ot2on4
2n 32,2ne an$ eC73*42onar; ,ot2on4M
Hon" B*$9e Ho:ar$: 15atM
Co*9532n: I a4= t5at an; of t5e $247o#er; t5at t5ere Reno C2t; Attorne;4 +ro#2$e$ 6e
eC73*$e$ *n$er t5e, ,ot2on 2n 32,2ne> eC73*42onar; r*3e an$ t5at :e f*33; 6r2ef t5e
244*e4 t5ere an$ 2f 6efore an; 4*75 4*75 $247o#er; 24 a$,2tte$ 2nto e#2$en7e"
Ho:ar$: 15at 24 ;o*r ,ot2on 2n 32,2neM
Co*9532n: to eC73*$e t5e t5e :r2tten 4tate,ent4 of Mr" Front2no an$ t5e
- (->%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01578
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Hon" B*$9e Ho:ar$: On :5at 6a424M
Co*9532n: t5at t5e 4ear75 :a4 #2o3at2#e of t5e Fo*rt5 A,en$,ent"
Hon" B*$9e Ho:ar$: C2t; a re4+on4eM
Ro6ert4: I t52n= 5e nee$4 to art27*3ate 5o: t5e; 2n#o=e t5e Fo*rt5 an$ F2ft5
aA,en$,ent4 rat5er t5an D*4t ,a=e 6a3$ a44ert2on t5at t5e;@#e #2o3at2#e"
Hon" B*$9e Ho:ar$: 1e33 I a, 9o2n9 to $en; ;o*r re8*e4t"" NRS 0'."&0AE ,ot2on4
are re8*2re$ to 6e ,a$e +r2or to tr2a3 ;o* fa23e$ to $o t5at 2n :r2tten for, an$ I a, not
9o2n9 to 7on42$er t5e, at t524 +o2nt 2n t2,e 6e7a*4e t5ere 5a#e t5e o6#2o*4 effe7t of
7ont2n*2n9 t524 +re7e$2n9 to$a; an$ I t52n= t5at@4 :5at ;o*@re 9o2n9 after"
Co*9532n: an$ I@33 D*4t 2nterDe7t an o6De7t2on"
Hon" B*$9e Ho:ar$: I $on@t :ant to 5ear an;t52n9 f*rt5er 2t4 $en2e$"
Co*9532n: I nee$ to enter ,; o6De7t2on4 for t5e re7or$"
Hon" B*$9e Ho:ar$: Mr" Co*9532n I 5a#e 92#en ;o* fa2r :arn2n9 2f ;o* 7ont2n*e to
+er424t 2n t524 32ne of +erfor,an7e I@, 9o2n9 to 5o3$ ;o* 2n 7onte,+t <A:A% PM)
Co*9532n: I :on@t 6e 6*332e$ 2nto not enter2n9 ,; o6De7t2on4 on t5e re7or$"
Hon" B*$9e Ho:ar$: T524 ,atter :233 6e 7ont2n*e$ 6e7a*4e ;o*@re 9o2n9 to 6e +3a7e$
2n 7*4to$; no: ;o*@#e 6een 92#en fa2r :arn2n9 3et@4 +ro7ee$"
Co*9532n: Yo*r Honor ,a; I enter ,; o6De7t2on4 2n t5e re7or$ to +re4er#e t5e, for t5e
re7or$ on a++ea3M
Hon" B*$9e Ho:ar$: Go a5ea$"
Co*9532n: It 4ee,4 a4 t5o*95 ;o*@#e D*4t to3$ ,e t5at I ,a; not 6e7a*4e ;o* D*4t to3$
,e ;o* are 9o2n9 to 5a#e to 6e arre4te$ 2f I $o 4o I a, a 32tt3e 47are$ to $o t5at at t524
+o2nt Yo*r Honor an$ I ,o#e for ;o*r re7*4a3 fro, t524 7a4e on t5at 6a424
Hon" B*$9e Ho:ar$: $en2e$"
Co*9532n: O=a;t5en 7an I enter ,; o6De7t2on4 for t5e re7or$ an$ 4tate t5e 6a424 for ,;
o6De7t2on4 for t5e ,ot2on4 2n 32,2neM
Hon" B*$9e Ho:ar$:Mr" Co*9532n: 3et@4 +ro7ee$ ,a=e ;o*r o6De7t2on4 on t5e re7or$
no: 9o a5ea$"
Co*9532n: O=a; I $on@t ,ean to +ro#2$e a rea4on to 9et an9r;"" T5o4e ,ot2on4 :ere
4*6,2tte$ I 6e32e#e I 5a#e 4*6,2tte$ t5o4e ,ot2on4 2n :r2t2n9"
Hon" B*$9e Ho:ar$: an$ t5e; 5a#e 6een $en2e$"
Co*9532n: :e33 2t 4ee,e$ a4 t5o*95 a 4e7on$ a9o Yo*r Honor 4a2$ t5at t5e; 5a$ not
6een 4*6,2tte$ 2n :r2t2n9
Hon" B*$9e Ho:ar$: A33 r295tW <+o*n$4 f24t on $e4= ,a=2n9 #er; 3o*$ 4o*n$
7o*rtroo, ,27ro+5one ,a3f*n7t2on4 :2t5 fee$6a7= for a +er2o$ of t2,e )
<A:(.:.-: +",")
Co*9532n: f*rt5er t5ere 24 a 7oer72#e atte,+t to +ro7*re 7on4ent to a 4ear75 6a4e$ *+on
not 7on4ent2n9" Pro6a63e 7a*4e :a4 6*ttre44e$ *+on a fa23*re to not 7on4ent to 4ear75
:5275 a4 ;o* 4tate$ ear32er Yo*r Honor a44ert2n9 one@4 F2ft5 A,en$,ent or Fo*rt5
A,en$,ent r295t 7annot 6e *4e$ to 2nfer e#2$en7e of 9*23t or to 6*ttre44 a +ro6a63e
7a*4e f2n$2n9 for a 4ear75 +art27*3ar3; for a 4ear75 t5at o77*r4 +r2or to arre4t"
Hon" B*$9e Ho:ar$: an;t52n9 f*rt5erM
Co*9532n: I $o"" I a, terr263; 45a=en 6; :5at ;o* 4a2$ to ,e S2r an$ 2t@4 affe7te$ ,;
a6232t; to 7on7entrate r295t no: an$ $efen$ ,; 7a4e 92#en t5e . to -. 2n one 4e7on$
a++roa75 t5at I 5a#e :2tne44e$ ;o* ta=e :2t5 ,e to$a; 2n ter,4 of t5reaten2n9 ,e :2t5
7onte,+t *+on t5e f2r4t atte,+t I 6e32e#e I ,a$e to +re4er#e an$ o6De7t2on4 for t5e
- ('>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01579
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re7or$ f*rt5er I 6e32e#e ,; ,ot2on for re7on42$erat2on t5e $en2a3 of a++o2nte$ 7o*n4e3
6*t 2t :a4 ne#er r*3e$ on" T5ere 24 a S2Ct5 A,en$,ent r295t to 7o*n4e3 :5ere t5e
+o4426232t; of Da23 t2,e 24"
Hon" B*$9e Ho:ar$: ;o*r 2n2t2a3 ,ot2on 5a4 6een +re#2o*43; $en2e$" I@33 $en; 2t
a9a2n 2n re9ar$ to ,ot2on for 7o*n4e3 I@33 $en; 2t a9a2n for t5e re7or$ t5at 24 fo*n$e$
*+on S7ott #er4*4 I332no24 :5275 5e3$ t5at :5ere an 2n$29ent 2n$2#2$*a3 a4 ;o* 73a2,
;o* are 24 not 9o2n9 to 6e 4enten7e$ to Da23 t2,e t5ere 24 no re8*2re,ent of t5e
a++o2nt,ent of 7o*n4e3"
A:&':(( +,
Ro6ert4: After ;o* 2$ent2f2e$ ;o*r4e3f a4 1a3?Mart a44et +rote7t2on :5at $2$ ;o* 4a; to 52,
T5o,a4 Front2no: I 2$ent2f2e$ ,;4e3f a4 a44et +rote7t2on an$ t5at I nee$e$ to ta3= to 52, a6o*t 4o,e
2te,4 t5at 5e 5a$ ta=en fro, o*r fa7232t;"
Reno C2t; Attorne; Pa, Ro6ert4: An$ $2$ 5e 4a; an;t52n9 to ;o* at t5at t2,e:
T5o,a4 Front2no: He +reten$e$"""He $2$ not 4a; an;t52n9 5o:e#er 5e $2$ 7o,e :2t5 *4 6a7= 2nto t5e
4tore
A:&/:(( +,
Reno C2t; Attorne; Pa, Ro6ert4: D2$ ;o* +3a7e Mr" Co*9532n 2n 7*4to$; $2$ ;o* +3a7e 5an$7*ff4 on
52, at t5at t2,eM
T5o,a4 Front2no: No :e $2$ not to*75 52, 2n an; :a; He :a4 42,+3; fo33o:2n9 o*r $2re7t2on4 at
t5at +o2nt"
A:&%:(0
Reno C2t; Attorne; Pa, Ro6ert4: 15en ;o* :ere :a3=2n9 Mr" Co*9532n 6a7= to t5e AP Off27e :a4
5e 2n 5an$7*ff4M
T5o,a4 Front2no: No 5e :a4 not"
Reno C2t; Attorne; Pa, Ro6ert4: an$ :ere ;o* e47ort2n9 52, 2n an; :a; $2$ ;o* 5a#e ;o*r ar,
aro*n$ 52, 2n an; :a;M
T5o,a4 Front2no: No :e $2$ not"
Reno C2t; Attorne; Pa, Ro6ert4: On7e ;o* :ere 2n t5e AP off27e $2$ ;o* a4= 52, an; 8*e4t2on or
5a#e f*rt5er $247*442on"
T5o,a4 Front2no: I a4=e$ 52, a6o*t t5e 2te,4 5e 7on7ea3e$ an$ 5e ref*4e$ to 7oo+erate an; f*rt5er
:2t5 o*r 2n#e4t29at2on""""He D*4t 7ont2n*e$ to 4a; t5at 5e $2$n@t $o 2t :5en I a4=e$ 52, a6o*t t5e 7an$;
6ar an$ 7o*95 $ro+4"
A:E.:&'
Za75 Co*9532n: O6De7t2on Be4t E#2$en7e R*3e :5; re3; on Front2no@4 #a9*e re7o33e7t2on4 rat5er t5an
*4e an; of t5e #2$eo ta+e"
A:E0:0%:
- (/>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01580
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Reno C2t; Attorne; Pa, Ro6ert4: D2$ ;o* a4= Mr" Co*9532n an; ,ore 8*e4t2on4 re3e#ant to t524
42t*at2onM
T5o,a4 Front2no: I a4=e$ 52, for 524 2nfor,at2on 4o :e 7o*3$ enter 2t 2nto o*r 4;4te,"
A:EA
ar9*e a6o*t eC73*42onar; r*3e re9ar$2n9 :2tne44 HaL3ett?Ste#en4 2n t5ere :at752n9 ,ent2on Ho:ar$
,a$e a :o,an 3ea#e ear32er a33 :2tne44e4 are ,a3e et7"
A:EA:AE +,
Reno C2t; Attorne; Pa, Ro6ert4: 15at 4+e72f27 2nfor,at2on $2$ ;o* a4= of Mr" Co*9532nM
T5o,a4 Front2no: I$ent2f27at2on 524 na,e 62rt5 $ate 4o72a3 4e7*r2t; n*,6er"
Reno C2t; Attorne; Pa, Ro6ert4: An$ $2$ 5e +ro#2$e an; of t5at 2nfor,at2on to ;o*M
T5o,a4 Front2no: No 5e $2$ not"
Reno C2t; Attorne; Pa, Ro6ert4: Ba4e$ *+on 524 *n:2332n9ne44 to +ro#2$e t5at 2nfor,at2on $2$ ;o*
ta=e an; f*rt5er a7t2onM
T5o,a4 Front2no: Ye4 :e 7a33e$ t5e +o327e t5e Reno S+ar=4 In$2an Co3on; Tr26a3 Po327e
De+art,ent" T5e; *4*a33; arr2#e :2t52n ten ,2n*te4 I 6e32e#e ,; 4tate,ent ref3e7t4 2t :a4 3e44 t5an
t5at"
Reno C2t; Attorne; Pa, Ro6ert4: 1ere ;o* +re4ent :5en t5e Off27er4 $e72$e$ to +*t 5an$7*ff4 on
Mr" Co*9532n
T5o,a4 Front2no: Ye4"
Reno C2t; Attorne; Pa, Ro6ert4: Pr2or to +3a72n9 t5e 5an$7*ff4 $2$ ;o* o64er#e t5e Off27er4 +3a7e
t5e2r 5an$4 2n Co*9532n@4 +o7=et4M
T5o,a4 Front2no: No"
Reno C2t; Attorne; Pa, Ro6ert4: 15at :ere t5e 2te,4 ;o* 6e32e#e Mr" Co*9532n 5a$ ta=en fro,
1a3?MartM
T5o,a4 Front2no: 75o7o3ate 6ar an$ t:o +a7=a9e4 of 7o*95 $ro+4"
Reno C2t; Attorne; Pa, Ro6ert4: :ere ;o* a63e to re7o#er t5o4e 2te,4"
T5o,a4 Front2no: U5 5e 7on4*,e$ t5e 75o7o3ate 6ar an$ 5e 7on4*,e$ 4o,e of t5e 7o*95 $ro+4 a4
:e33 6*t :e :ere a63e to 9et t5e +a7=a92n9 to e#er;t52n9"
Za75 Co*9532n: O6De7t2on fo*n$at2on
Hon" B*$9e Ho:ar$: Den2e$
Reno C2t; Attorne; Pa, Ro6ert4: D2$ ;o* re7o#er t5e +a7=a92n9 for t5e 7o*95 $ro+4M
T5o,a4 Front2no: Ye4 I $2$"
Reno C2t; Attorne; Pa, Ro6ert4: So ;o* :ere a63e to te33 :5at t;+e of 7o*95 $ro+ 2t :a4M
T5o,a4 Front2no: Ye4"
Za75 Co*9532n: O6De7t2on fo*n$at2on"
Hon" B*$9e Ho:ar$: O#err*3e$"
Reno C2t; Attorne; Pa, Ro6ert4: $2$ ;o* re7o#er t5e 7an$; 6ar :ra++er t5at :a4 a44o72ate :2t5 t5e
7an$; 6ar ;o* 4a: Mr" Co*9532n 7on4*,eM
T5o,a4 Front2no: Ye4 I $2$ an$ +re+are$ a re7e2+t to 2n$27ate :5at t5e; #a3*e of t5o4e 2te,4 are 6;
ta=2n9 t5e eCa7t :ra++er of t5e 2te, an$ +re+ar2n9 a tran2n9 re7e2+t 4o :e 7an 9et t5e eCa7t #a3*e of
:5at t5e; 4e33 for 2n Reno
- (%>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01581
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A:E-:E%
Za75 Co*9532n: O6De7t2on 5ear4a;
Hon" B*$9e Ho:ar$: O#err*3e$W D2$ ;o* 5ear ,e S2rM D2$ ;o* 5ear t5atM
A:E':0'
Reno C2t; Attorne; Pa, Ro6ert4: D2$ ;o* a7t*a33; 7on$*7t t5e 47ann2n9 of t5o4e 2te,4 to 7reat t5e
tra2n2n9 re7e2+t
T5o,a4 Front2no: I $on@t 5a#e a 7a452er n*,6er 4o I 9o :2t5 t5e, an$ 4tan$ :2t5 t5e, an$ :at75
:523e t5e; 47an t5e 2te,4 to 7reate t5e re7e2+t <75e7= t5e ta+e to 4ee)"
Reno C2t; Attorne; Pa, Ro6ert4: So ;o* a7t*a33; o64er#e t5e, 9o2n9 t5ro*95 t5e ,ot2on of
47ann2n9 t5e 2te,4 an$ +re+ar2n9 t5e re7e2+tM
T5o,a4 Front2no: Ye4 I $o"
Reno C2t; Attorne; Pa, Ro6ert4: 1245 to enter a4 EC5262t 0 t5e re7e2+t
Za75 Co*9532n: O6De7t2on: fo*n$at2on an$ a*t5ent27at2on 6e4t e#2$en7e r*3e
Hon" B*$9e Ho:ar$: $en2e$"
T5o,a4 Front2no: 2$ent2f2e4 2t a4 a tra2n2n9 re7e2+t :2t5 a 324t of 2te,4 :5275 5e 7on4*,e$ or re,o#e$
fro, t5e fa7232t; 2n73*$2n9 t5e 75o7o3ate 6ar an$ t5e 7o*95 $ro+4 I 5a#e t5e a7t*a3 re7e2+t :2t5 ,e
an$ t5at +5oto7o+; 24 7on424tent :2t5 2t"
Za75 Co*9532n: o6De7t2on 6a424 of 3a7= of fo*n$at2on a*t5ent27at2on 6e4t e#2$en7e r*3e 5e 24 not
8*a32f2e$ to te4t2f; :2t5 re9ar$ to t5e 6*42ne44 +ra7t27e4 of 524 e,+3o;er 2n t524 +art27*3ar
72r7*,4tan7e re3e#an7; to :5at eCtent 24 t524 +ro6at2#e"
M An;t52n9 fro, Reno C2t; Attorne; Pa, Ro6ert4: on D*r24$27t2onM In$2an Co3on; 3an$ an;one :2t5
a $ro+ of tr26a3 63oo$ ,*4t 6e tr2$e 2n tr26a3 7o*rt"
Reno C2t; Attorne; Pa, Ro6ert4: He +er4ona33; o64er#e$ t524 $o7*,ent 6e2n9 +ro$*7e$ 6; t5e
,a752n9 an$ 4a: t5e 2te,4 t5at 5e 4a: 7on4*,e$ or 4to3en 6; t5e $efen$ant 47anne$ 2nto t5e re924ter"
Hon" B*$9e Ho:ar$: O6De7t2on o#err*3e$ a$,2tte$"
Reno C2t; Attorne; Pa, Ro6ert4: no f*rt5er 8*e4t2on4 of t524 :2tne44
Cro44 of Front2no: (:.0:..
Za75 Co*9532n: Mr" Front2no :233 ;o* 4tate ;o*r 4o72a3 4e7*r2t; n*,6er for t5e re7or$"
Hon" B*$9e Ho:ar$: 5e $oe4n@t 5a#e to +ro#2$e t5at"
Za75 Co*9532n: Yo*r Honor I $o not 6e32e#e ;o* are +ra7t272n9 3a: on 6e5a3f of t5e C2t; Attorne;@4
Off27er 5e"
Hon" B*$9e Ho:ar$: 6efore 5e 4+ea=4 524 44n 2nto t5e re7or$"""I a, 9o2n9 to +re#ent 2t
Za75 Co*9532n: o6De7t2on to t5e 7o*rt@4 4*a 4+onte +ra7t272n9 3a: on 6e5a3f of t5e 72t; attorne;@4
off27e"
Za75 Co*9532n: Mr" Front2no $2$n@t ;o* 5a#e a 4o72a3 4e7*r2t; n*,6er on a +2e7e of +a+er :2t5 ,;
na,e on 2t +r2or to t5e +o327e arr2#2n9M <(:.A:.')
T5o,a4 Front2no: I $o not re7a33"
C:So 2n ;o* LP roo, $2$ ;o* 5a#e an; +2e7e of +a+er :2t5 :5at ;o* t5o*95t :a4 ,; na,e 4o72a3
4e7*r2t; n*,6er or ot5er +er4ona33; 2$ent2f2a63e 2nfor,at2on a3rea$; f233e$ o*t"
T5o,a4 Front2no: At t5e t2,e ;o* 5a$ on3; 92#en *4 ;o*r na,e t5at :a4 2t"
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01582
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Za75 Co*9532n: O6De7t2on non re4+on42#e"
Hon" B*$9e Ho:ar$: Yo* a4=e$ t5e 8*e4t2on ;o* 9ot a re4+on4e ;o*r o6De7t2on o#err*3e$ $en2e$"
Za75 Co*9532n: 4o are ;o* 3;2n9 :5en ;o* 4a; I +ro#2$e$ ;o* ,; na,eM
T5o,a4 Front2no: No"
Za75 Co*9532n: So D*4t to 6e 73ear ;o* are 4tat2n9 5ere *n$er +ena3t; of +erD*r; *n$er oat5 t5at +r2or
to t5e +o327e arr2#2n9 ! gave you my name?
T5o,a4 Front2no: I a, 4a;2n9 t5at :e $2$ not 5a#e t5e e#2$en7e re8*2re$""" :e $2$ not 5a#e t5e
2nfor,at2on re8*2re$ 4o :5et5er ;o* 9a#e ,e ;o*r na,e or not :a4""":a4 not t5e +o2nt ;o* :ere
*n7oo+erat2#e an$ t5at 24 :5; :e not2f2e$ +o327e"
Za75 Co*9532n: O=a; D*4t a 4e7on$ a9o ;o* te4t2f2e$ t5at I 9a#e ;o* ,; na,e +r2or to t5e +o327e
arr2#2n9 no: 2t 4ee,4 ;o* are 6a7=2n9 off of t5at a 32tt3e 62t Mr" Front2no"""an$ ;o* are 4,232n9
smugly.
T5o,a4 Front2no: I $on@t re,e,6er :5et5er ;o* 9a#e ,e ;o*r na,e or not at f2r4t I =no: ;o* $2$
not 92#e ,e t5e 2nfor,at2on re8*2re$ for *4 to 7o,+3ete o*r 2n#e4t29at2on t5at 24 :5; +o327e :ere
not2f2e$"
Za75 Co*9532n: O=a; 4o ;o* D*4t 32e$ ear32er :5en ;o* 4a2$ F;e4 for 4*reG I 9a#e ;o* ,; na,e +r2or
to t5e +o327e arr2#2n9 an$ t5at ;o* $2$n@t a3rea$; 5a#e ,; na,e on a +2e7e of +a+er an$ :5at ;o*
t5o*95t :a4 ,; 4o72a3 4e7*r2t; n*,6er :r2tten on a +2e7e of +a+er r295t t5ere on ;o*r $e4= 2n t5e
3o44 +re#ent2on off27eM 1ere ;o* 3;2n9 r295t t5ere Mr" Front2noM
Reno C2t; Attorne; Pa, Ro6ert4: O6De7t2on 7o,+3eC 8*e4t2on"
Hon" B*$9e Ho:ar$: It4 a 7o,+3eC 8*e4t2on 3et4 a4= a 8*e4t2on not a 4er2e4 of 8*e4t2on4 2n narrat2#e
for,"
Za75 Co*9532n: 24 2t tr*e t5at ;o* D*4t te4t2f2e$ ear32er t5at ;o* $2$ not 5a#e ,; na,e :r2tten on a
+2e7e of +a+er 2n ;o*r off27e 2,,e$2ate3; *+on 6r2n92n9 ,e 6a7= to 2t"
T5o,a4 Front2no: I 6e32e#e I $2$ 5a#e ;o*r na,e 6*t I $o not re,e,6er 7on73*42#e3; :5et5er or
not"""I =no: t5at I $2$ not 5a#e eno*95 2nfor,at2on to 7o,+3ete ,; 2n#e4t29at2on"
Za75 Co*9532n: O=a; 4o ear32er :5en ;o* te4t2f2e$ t5at ;o* $2$n@t 5a#e ,; na,e on a +2e7e of +a+er
6*t t5en t5at t5e on3; :a; ;o* 9ot ,; na,e +r2or to t5e +o327e arr2#2n9 :a4 6; ,e offer2n9 2t ;o*
:ere 3;2n9M Un$er +ena3t; of +erD*r;M I $on@t =no: :5; ;o* are 4,232n9 S2rM T5ere@4 not52n9 f*nn;
a6o*t +erD*r;"
Hon" B*$9e Ho:ar$: I $on@t 4ee t5at a4 a 4,23e 3et@4 3et t5e re7or$ 6e 73ear"
T5o,a4 Front2no: I@, not 8*2te *n$er4tan$2n9 ;o*r 8*e4t2on +er5a+4" I a, 4a;2n9 t5at I $2$ not 5a#e
eno*95 2nfor,at2on to +ro7ee$ :2t5 ,; re+ort :2t5o*t not2f;2n9 +o327e"
Za75 Co*9532n: O=a; :e33 I@33 D*4t :r2te t5e4e 8*e4t2on4 $o:n rea3 42,+3e"
Hon" B*$9e Ho:ar$: 24 t5at a 8*e4t2onM
Za75 Co*9532n: I a, ,a=2n9 2t a 8*e4t2on r295t 5ere"
Hon" B*$9e Ho:ar$: 15at ;o* are $o2n9 24 ;o* are 6e2n9 ar9*,entat2#e :5at I :ant ;o* to $o 24 a4=
52, 8*e4t2on4"
Za75 Co*9532n: 1ere ;o* 3;2n9 :5en ;o* 4a2$ ear32er t5at ;o* $2$n@t 5a#e :5at ;o* t5o*95t :a4 ,;
na,e
T5o,a4 Front2no: No I :a4 not 3;2n9 I 6e32e#e t5at I :a4 ,a=2n9 a 4tate,ent t5at I 4t233 6e32e#e :a4
tr*e"""I 6e32e#e ;o* 9a#e ,e ;o*r na,e an$ on3; ;o*r na,e at t5e t2,e"
Za75 Co*9532n: O=a; 4o D*4t a ,2n*te a9o :5en ;o* 4a2$ Fno: I@, not 4*re :5et5er ;o* 9a#e ;o*
,e ;o*r na,e or notM 15275 24 2tM T5e ta+e of t524 te4t2,on; r295t 5ere :233 45o: t5at at f2r4t ;o*
4a2$ ;o* $2$n@t 5a#e ,; n,eM
Hon" B*$9e Ho:ar$: t5ere 24 a 8*e4t2on 6efore 52, I 6e32e#e 3et@4 4ee 2f 5e 7an a$$re44 2t"
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01583
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T5o,a4 Front2no: 15at :a4 t5e 8*e4t2onM
Za75 Co*9532n: D2$ ;o* a3rea$; te4t2f; to$a; t5at ;o* $2$ not =no: ,; na,e :5en ;o* 6ro*95t ,e
6a7= to t5e LP roo,"
T5o,a4 Front2no: 15en I 6ro*95t ;o* 6a7= to t5e roo, no I $2$ not 5a#e ;o*r na,eM
Za75 Co*9532n: D2$ ;o* 5a#e a na,e t5at ;o* 6e32e#e ,295t 6e ,2neM
T5o,a4 Front2no: Ye4 6e7a*4e ;o* 9a#e *4 a"""a na,e 6*t :2t5o*t +ro+er 2$ent2f27at2on 2t 24 1a3?
Mart +o327; to 7a33 t5e +o327e"
Za75 Co*9532n: So no: ;o* are 4a;2n9 I 9a#e ;o* a na,eM
Reno C2t; Attorne; Pa, Ro6ert4: Yo*r Honor a4=e$ an$ an4:ere$"
Za75 Co*9532n: It4 6een an4:ere$ 2n 4e#era3 7ontra$27tor; :a;4"""
Hon" B*$9e Ho:ar$: S*4ta2ne$ a4= anot5er 8*e4t2on"""
Za75 Co*9532n: At f2r4t 2t4 F;o* $2$n@t 92#e a na,eG t5en 2t4 F;o* 9a#e *4 a na,eG t5en 2t4 FI@, not
4*re 2f ;o* 9a#e a na,eG t5en 2t4 ;o* 4,232n9 4o,e ,ore"""
Reno C2t; Attorne; Pa, Ro6ert4: O6De7t2on Yo*r Honor 5e@4 te4t2f;2n9"""
Hon" B*$9e Ho:ar$: Mr" Co*9532n I 5a#e to3$ ;o* t5at I a, not 9o2n9 to a33o: ;o* to +re4ent
ar9*,ent at t524 t2,e 3et@4 9et a3on9 :2t5 anot5er 32ne of 8*e4t2on4""
Za75 Co*9532n: O=a; 6*t I@, 7onf*4e$"""
Hon" B*$9e Ho:ar$: Anot5er 32ne of 8*e4t2on4 t5e re7or$ 24 73ear"""
Za75 Co*9532n: Do ;o* re7a33 5a#2n9 a +2e7e of +a+er :2t5 a na,e t5at ;o* 6e32e#e ,295t 6e ,2ne on
;o*r $e4= 2,,e$2ate3; *+on 6r2n92n9 ,e 2nto :5at ;o* 7a33 t5e a44et +rote7t2on roo,M
T5o,a4 Front2no: 15en :e 6ro*95t ;o* 6a7= 2nto t5e roo, o*r nor,a3 +ro7e$*re 24 to 9et o*t o*r
2nfor,at2on 7o33e7t2on for, an$ to 9et 2nfor,at2on fro, o*r 4*4+e7t :e a4=e$ ;o* ;o*r na,e a33 of
;o*r"""
Za75 Co*9532n: O6De7t2on Yo*r Honor I a, not a4=2n9 52, :a4 5e :a4 4ee=2n9 to 5a#e 7o33e7te$
Hon" B*$9e Ho:ar$: 15at Mr" Co*9532n 24 a4=2n9"""2t4 ,; *n$er4tan$2n9 5e@4 a4=2n9 ;o* 2f ;o* 5a$ a
+2e7e of +a+er on ;o*r $e4= :2t5 524 na,e on 2t :5en 5e :a4 6ro*95t 6a7= to t5e roo,M I4 t5at
7orre7tM
Za75 Co*9532n: 12t5 ,; na,e a3rea$; on 2t"
T5o,a4 Front2no: No""""<ner#o*4 3a*95ter fro, Front2no)""A64o3*te3; not"""I ,*4t 5a#e
misunderstood t5e 8*e4t2on 6efore 6*t a64o3*te3; no"
C:Yo* $2$n@t 5a#e a +2e7e of +a+er S2r :2t5 ,; na,e an$ 4o72a3 4e7*r2t; n*,6er on 2tM
T5o,a4 Front2no: A3rea$; on 2t :5en ;o* f2r4t entere$ t5e roo,M No"
Za75 Co*9532n: Yea5""";ea5"
T5o,a4 Front2no: A64o3*te3; not"
Za75 Co*9532n: D2$ ;o* 5a#e a +2e7e of +a+er :2t5 ,; na,e on 2tM
T5o,a4 Front2no: No"
Za75 Co*9532n: So,et52n9 42,23ar to ,; na,e on 2tM
Reno C2t; Attorne; Pa, Ro6ert4: O6De7t2on 5o: :o*3$ 5e =no: :5at na,e 24 42,23ar to ;o*r4""
Hon" B*$9e Ho:ar$: S+e7*3at2#e"""
Reno C2t; Attorne; Pa, Ro6ert4: S+e7*3at2#e ;e4
Hon" B*$9e Ho:ar$: S*4ta2ne$"
Za75 Co*9532n: S2,23ar 2n ter,4 of one or t:o 3etter4 6e2n9 $2fferent o*t of A. or 4o 3etter4""
Hon" B*$9e Ho:ar$: Mr" Co*9532n"""Mr" Co*9532n"""+ro7ee$ :2t5 anot5er 32ne of 2n8*2r;"
Za75 Co*9532n: O=a; $2$ ;o* 5a#e a +2e7e of +a+er :2t5 a na,e a3rea$; on 2t :5en ;o* 6ro*95t ,e
2nto t5e off27e"
Hon" B*$9e Ho:ar$: A4=e$ an$ an4:ere$"""$2$ ;o* 5ear :5at I D*4t 4a2$M
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01584
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Za75 Co*9532n: I 6e32e#e t5at :a4 a $2fferent 8*e4t2on S2r" I $2$n@t a4= 2f 2t 5a$ ,; na,e I a4=e$ 2f 2t
5a$ FaG na,e on 2t"
T5o,a4 Front2no: T5ere 24 ot5er +eo+3e@4 na,e4 on t5e $e4= 4o 75an7e4 :ere ;e4 t5ere :a4 anot5er
+2e7e of +a+er :2t5 4o,e6o$;@4 na,e on 2t 4o,e:5ere on t5e $e4="
Za75 Co*9532n: An$ ;o* 5a#e #2$eo of t524M
T5o,a4 Front2no: T5ere 24 #2$eo of t5e off27e at t5at t2,e"
Za75 Co*9532n: 1o*3$ 5a#e 5a#e t5o4e +2e7e4 of +a+erM
T5o,a4 Front2no: T5ere@4 a 3ot of +a+er"""I $2$n@t =no: :5275 one ;o* :ante$ ,e to 6r2n9"
Za75 Co*9532n: So ;o* are 4a;2n9 *n$er oat5 t5at t5ere :a4n@t a +2e7e of +a+er :2t5 ,; na,e or a
na,e t5at 24 4*64tant2a33; 42,23ar to 2t 2n t5e off27e a3rea$; at t5e t2,e ;o* 6ro*95t ,e 2n t5ere"
T5o,a4 Front2no: 15en I 6ro*95t ;o* 2n o*r off27e t5ere :a4 no +2e7e of +a+er :2t5 ;o*r na,e on 2t
or a na,e t5at :a4 4*64tant2a33; 42,23ar"
Za75 Co*9532n: I :233 re,2n$ ;o* t5at ;o* are *n$er oat5 S2r" <(:0.:(' +,)
Reno C2t; Attorne; Pa, Ro6ert4: O6De7t2on 6a$9er2n9
Hon" B*$9e Ho:ar$: S*4ta2ne$"
Za75 Co*9532n: Yo*r Honor I@, *5"""I $o 5a#e re4+e7t for ;o* S2r" An$ I a, not tr;2n9 to :a4te t5e
Co*rt@4 t2,e :2t5 t524 neCt 8*e4t2on 6*t I a, tr;2n9 to f29*re o*t :5at Mr" Front2no@4 f2na3 te4t2,on;
24 :2t5 re9ar$ to :5et5er I offere$ 52, ,; na,e +r2or to t5e +o327e 9ett2n9 2t" Mr" Front2no 24 2t ;o*r
te4t2,on; t5at I offere$ ;o* ,; na,e +r2or to t5e +o327e arr2#2n9M
T5o,a4 Front2no: I $o not re,e,6er 2f ;o* 4+e72f27a33; 9a#e *4 ;o*r na,e at t5e t2,e"
Za75 Co*9532n: D2$ ;o* te4t2f; ear32er to$a; t5at I $2$ 92#e ;o* ,; na,e +r2or to t5e +o327e arr2#2n9M
T5o,a4 Front2no: I 6e32e#e ;o* ,295t 5a#e 6*t I"""6*t I $o not re7a33 7on73*42#e3; eno*95 to 4a;
F;e4 for 4*re ;o* $2$G or Fno ;o* $2$ not 92#e *4 ;o* na,e 6efore t5e +o327e arr2#e$G"
Za75 Co*9532n: D2$ ;o* t52n= ;o* =ne: :5at ,; na,e ,295t 6eM
T5o,a4 Front2no: A64o3*te3; not"
Za75 Co*9532n: Pr2or to t5e +o327e arr2#2n9M
T5o,a4 Front2no: No"
Za75 Co*9532n: D2$ ;o* te4t2f; ear32er t5at ;o* 5a$ 5a$ F+re#2o*4 2ntera7t2on4G :2t5 ,ean 2n$27ate 4o
2n ;o*r :r2tten 4tate,ent +ro#2$e$ to t5e +o327eM
T5o,a4 Front2no: I 5a$ 4een ;o* +re#2o*4 t2,e4"""
(:0A:.% +,
T5o,a4 Front2no: Ye4 I 5a$ 5a$ +re#2o*4 2ntera7t2on4 :2t5 ;o*"""I 5a$ ne#er 4+o=en to ;o* t5o*95"
Za75 Co*9532n: Ha$ ;o* 5a$ +re#2o*4 $247*442on4 :2t5 an; ot5er 1a3?Mart e,+3o;ee4 or
4*+er#24or4 or 3o44 +re#ent2on or a44et +rote7t2on 2n$2#2$*a34M
T5o,a4 Front2no: Ye4 I 5a#e"
Za75 Co*9532n: D2$ ,; na,e e#er 7o,e *+M
T5o,a4 Front2no: No 2t $2$ not"
Za75 Co*9532n: Ho: $2$ ;o* refer to ,e an$ 5o: $2$ t5o4e 7o?:or=er4 refer to ,eM
Reno C2t; Attorne; Pa, Ro6ert4: O6De7t2on I $on@t =no: :5at 5e 24 ta3=2n9 a6o*t :5en $2$ t524
7on#er4at2on 5a++en :5o :a4 5e ta3=2n9 toM
Hon" B*$9e Ho:ar$: O#err*3e$"
T5o,a4 Front2no: 1e 9enera33; referre$ to ;o* a4 t5e F3a+to+ 4:2t75erG *, for 4:2t752n9 RAM an$
5ar$ $r2#e4 an$ t52n94 32=e t5at"""
(:0(:(& +,
- &(>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01585
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Za75 Co*9532n: an$ :5o ,a$e t5at 4tate,entM
T5o,a4 Front2no: a+ a44o72ate4 an$ e3e7tron274 a44o72te4 an$ e3e7tron274 a44o72ate4"
Za75 Co*9532n: :5at are t5e2r na,e4M
T5o,a4 Front2no: Stan3e; C*nn2n95a, an$ t5ere 24 anot5er fe,a3e :5o :or=4 2n e3e7tron274 Be442e"
Za75 Co*9532n: Be442e 15atM
T5o,a4 Front2no: I $on@t =no: 5ere 3a4t na,e" I 6e32e#e A3eC24 Tr*n$; :5o no: :or=4 t $2fferent
fa7232t;" M; 4*+er#24or Ant5on; R27=er4on"
Za75 Co*9532n: :5o 24 t5e 9ent3e,n :2t5 45a#e$ 5ea$ 4ee,4 to 6e ,;6e C*4to,er Ser#27e
Mana9er or an a4424tant 4tore ,an9er
Hon" B*$9e Ho:ar$: :5at 24 t5e re3e#an7e to t524 32ne of 8*e4t2on2n9"
Za75 Co*9532n: :e33 t5e Be442e t5at Front2no refer4 to """t5ere :a4 an 2n72$ent :5ere 45e a77*4e$ ,e
of 4o,et52n9 n$ t524 CSM or 4ern2or :a3,art ,ana9er 7a,e o#er an$ :a4 63e to #er2f; t5at 5er
a77*4at2on4 :ere *nfo*n$ or 6a4e3e44"
0o". 1$dge 0o*ard2 % do"3t see a"y rele)a"!e+ a"d yes+ ts 4s$a s&o"te5+ % ' "ot go"g to allo*
t(s l"e of ".$ry. Lets s&eed $& t(s &ro!ess+ as- a"ot(er .$esto""
,a!( Co$g(l"2 6es+ Sr+ o-ay+ 7$st .$!-ly+ state t(e ob7e!to"...0e s 'a-"g t(ese a!!$sato"s
t(at are &re7$d!al a"d to t(e e8te"t % (a)e a rg(t to reb$t t(e' % *s( to do so...
0o". 1$dge 0o*ard2 % (a)e r$led o" t already as- a"ot(er .$esto""
Za75 Co*9532n: O=a; 4o ;o* 5a$ a n27=na,e for ,e 6*t ;o* 5a$ no 2$ea :5at ,; na,e or 2$ent2f;
:a4M
T5o,a4 Front2no: I 5a$ 4een ;o* 6efore an$ I 5a$ fo33o:e$ ;o* 6efore 6*t no no6o$; =ne: ;o*r
na,e t5at I =ne: of"
Za75 Co*9532n: an; no6o$; 5a$ a na,e t5at t5e; t5o*95t ,295t 6e ,2neM
T5o,a4 Front2no: I 7annot 4+ea= to :5at ot5er +eo+3e t5o*95tM B*t ;o* 7an te4t2f; a4 to :5at t5e;
to3$ ;o*
Reno C2t; Attorne; Pa, Ro6ert4: t5at :o*3$ 6e 5ear4a; ;o*r 5onorM
Hon" B*$9e Ho:ar$: 4*4ta2ne$"
Za75 Co*9532n: Ha62t 5ear4a; eC7e+t2on 6*42ne44 +ra7t27e 7*4to, or +o327;"
Hon" B*$9e Ho:ar$: S*4ta2ne$"
(:0-:E'
T5o,a4 Front2no: on t5e $a; 2n 8*e4t2on Stan3e; C*nn2n95a, :a4 t5e on3; ot5er +er4on :or=2n9 for
a44et +rote7t2on"
Za75 Co*9532n: O=a; 4o 24 2t ;o*r te4t2,on; t5at 2,,e$2ate3; *+on ,; enter2n9 t5e 4tore ;o* 6e9an
to fo33o: ,eM
T5o,a4 Front2no: No I $2$ not 4a; t5at" I fo33o:e$ ;o* 2,,e$2ate3; *+on 4ee2n9 ;o* an$ fo33o:e$
;o* for a++roC2,ate3; 5a3f an$ 5o*r to an 5o*r an$ I +er4ona33; :2tne44e$ ;o* 4e3e7t o+en an$
7on4*,e a 7an$; 6ar an$ 4e3e7t o+en an$ 7on7ea3 t:o +a7=a9e4 of 7o*95 $ro+4"
Za75 Co*9532n: D2$ ;o* te33 t5e +o327e t5at n295t t5at ;o* +er4ona33; 4a: t5e a77*4e$ 7on4*,e t5e
7an$; 6ar 6*t ;o* $2$ ;o* fa23 to ,ent2on an;t52n9 a6o*t F+er4ona33; 4ee2n9G an;t52n9 :2t5 re9ar$ to
t5e 7o*95 $ro+4M
T5o,a4 Front2no: I $2$ not fa23 to ,a=e t5at note to t5e, I 4to++e$ ;o* 4+e72f27a33; for t5e 7an$;
6ar 6e7a*4e after 7on4*,2n9 t5e 7an$; 6ar an$ 7on7ea32n9 t5e 7o*95 $ro+4 ;o* :ent 2nto t5e
6at5roo, :2t5 t5e 7o*95 $ro+4 :5275 +er 1a3?Mart +o327; I 5a$ to t5en 4a; F:e33 I 7an@t 4to+ 52,
for t5e 7o*95 $ro+4 6e7a*4e ;o* 7o*3$ 5a#e f3*45e$ t5e 7o*95 $ro+4 ;o* 7o*3$ 5a#e $one :5ate#er
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01586
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;o* :ante$ :2t5 t5e 7o*95 $ro+4 5o:e#er I 4to++e$ ;o* for t5e 7an$; 6ar an$ t5at 24 :5; I 4to++e$
;o*""" :e re7o#ere$ ,ore :a3,art ,er75an$24e 3ater" It $2$ not affe7t t5e 75ar9e 2n an; :a;"
Za75 Co*9532n: an; ;o* 4a; t524 :a4 a 7an$; 6ar"
T5o,a4 Front2no: 2t :a4 a 75o7o3ate"""4*64tan7e I 7an 92#e ;o* t5e eCa7t 2te, t5e re7e2+t 45o*3$ 6e
on 7a,era #2e: fro, :5en ;o* entere$ t5e AP off27e"
Za75 Co*9532n: an$ ;o* 4a; ;o* 4a: ,e 4e3e7t 2tM
T5o,a4 Front2no: I $2$ 4ee ;o* 4e3e7t 2t"
Za75 Co*9532n: fro, :5ereM
T5o,a4 Front2no: Fro, t5e 7an$; 243e"""fro,"""t5e 27e 7rea, en$7a+ an$ """t5e 7an$; 243e"
Za75 Co*9532n: 24 2t a 7an$; 243e or an 27e 7rea, 243eM
T5o,a4 Front2no: 2t4 t5e 4a,e"""+3a7e"""7*L t5ere@4 t5e"""27e 7rea,""en$7a+"""t5at 5a4"""t5e 7an$; 243e"
Za75 Co*9532n: 7an ;o* 6e ,ore 4+e72f27 2n re9ar$ to :5ere 2n t5e 4tore ;o* 4a;"""
T5o,a4 Front2no: :5en ;o* enter t5e fa7232t; 2t4 a6o*t fo*r 243e4 4o a6o*t &. feet :5en ;o* +a44 t5e
re924ter4 ;o* 5an9 a 3eft an$ t5at@4 :5ere a33 of o*r 7an$;?t;+e 4*64tan7e4 are"
Za75 Co*9532n: T5e 7an$; 243eM En$7a+M 1a4 2t on an en$7a+M
T5o,a4 Front2no: Yo* 4e3e7te$ 2t fro, t5e 7an$; 243e t5ere4 t5e 27e 7rea, en$7a+ an$t5en t5e 7an$;
243e ;o* 4e3e7te$ 2t fro, t5e2r"
Za75 Co*9532n: 15at@4 an Fen$7a+GM
T5o,a4 Front2no: It 7a+4 off t5e en$ of an 243e
Za75 Co*9532n: 4o ;o* are 4a;2n9 2t :a4n@t 4e3e7te$ fro, t5e 7an$; 243eM
T5o,a4 Front2no: %3' say"g t *as sele!ted fro' t(e !a"dy sle. T5ere@4 an 27e 7rea, en$7a+ 9o
3eft t5ere an$ t5en t5ere@4 t5e 7an$; 243e"
Hon" B*$9e Ho:ar$: A3r295t I 5a#e 5ear$ eno*95 7ont2n*e :2t5 anot5er 32ne of 8*e4t2on2n9 :e 5a#e
5ear$ re+eate$3; t5at 5e o64er#e$ ;o* 4e3e7t 2t fro, t5e 7an$; 243e :5275 24 a34o a44o72ate$ :2t5 t5e
27e 7rea, 243e" He 5a4 eC+3a2ne$ to ;o* :5at an en$7a+ 24 3et@4 9o for:ar$"
Za75 Co*9532n: I 6e32e#e t524 24 #er; +ro6at2#e Yo*r Honor"
Hon" B*$9e Ho:ar$: 15;M 15at@4 t5e re3e#an7e"
Za75 Co*9532n: I 7an te33 ;o* S2r 6*t 2n or$er to
Hon" B*$9e Ho:ar$: I :ant ;o* to eC+3a2n 2t r295t no: :5at@4 t5e re3e#an7eM
Za75 Co*9532n: 2n Or$er to 5a#e ,; a6232t; to 2,+ea75 524 te4t2,on; Yo*r Honor t5ere 24 4o,e
3ee:a; t5at :o*3$ 6e 5e3+f*3 2n or$er to 5a#e 52, +*t 4o,e an4:er4 on t5e re7or$
Hon" B*$9e Ho:ar$: 15at 24 t5e re3e#an7e of t524 32ne of 2n8*2r;"
Za75 Co*9532n: I 7an te33 ;o* t5at"""
Hon" B*$9e Ho:ar$: If ;o* 7an@t 4tate 2t I a, 9o2n9 to ,a=e ;o* ,o#e on"
Za75 Co*9532n: I 7an 4tate 2t S2r 6*t to 4tate 2t 6efore I a, a63e to 9et 52, +*t 4o,e t52n94 on t5e
re7or$ 2,+a2r4 ,; a6232t; to 2,+ea75 52,"
Hon" B*$9e Ho:ar$: F2n$2n9 no re3e#an7e to t524 32ne of 2n8*2r; I a, not 9o2n9 to a33o: 2t"
Za75 Co*9532n: I :233 te33 ;o* t5e re3e#an7e""
Hon" B*$9e Ho:ar$: I a, not 9o2n9 to a33o: 2t ,o#e onW
Za75 Co*9532n: Yo*r Honor I $2$n@t 4a; I :o*3$n@t re#ea3 t5e re3e#an7e""
Hon" B*$9e Ho:ar$: Mo#e OnW I 5a#e 92#en ;o* e#er; o++ort*n2t; to re#ea3 t5e re3e#an7e of t524 32ne
of 2n8*2r;"""
Za75 Co*9532n: I $on@t 6e32e#e ;o* 5a#e Yo*r Honor"""
Hon" B*$9e Ho:ar$: Yo* fa23e$ to $o 2t"""I a, not 9o2n9 to a33o: 2t
Za75 Co*9532n: I :233 4tate t5e re3e#an7e r295t no:"
Hon" B*$9e Ho:ar$: No 2t4 too 3ate no: ,o#e onW
- &E>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01587
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Za75 Co*9532n: 1o:"
Hon" B*$9e Ho:ar$: 1e are not +3a;2n9 a 9a,e 5ere"
Za75 Co*9532n: 1o:"
Hon" B*$9e Ho:ar$: T5e neCt F1o:G t5at ;o* ,a=e 2n t5e4e +ro7ee$2n94"""*n$er t5e4e
72r7*,4tn7e4S2r I , te332n9 ;o* no: 2t $e,en4 t5e Co*rt I 5a#e 92#en ;o* e#er; 3ee:a; +o44263e
an$ ;o* 7ont2n*e to +*45 t5e 6*tton4 no:"""e2t5er ,o#e on"""a4= anot5er 8*e4t2on"
Za75 Co*9532n: Ye4 42r" So t5e 7an$; 6ar :a4 ta=en fro, t5e en$7a+ on t5e en$ of t5e 7an$; 243e
;o* 4a;M
T5o,a4 Front2no: No ;o* too= 2t fro, t5e 7an$; 243e"
Hon" B*$9e Ho:ar$: D2$ ;o* *n$er4tan$"""Ho3$ on"""D2$ ;o* *n$er4tan$ ,; a$,on245,ent a6o*t t524
32ne of 8*e4t2on2n9M
Za75 Co*9532n: I 6e32e#e 4o S2r"
Hon" B*$9e Ho:ar$: T5en :5; $2$ ;o* 9o r295t 6a7= to 2t an$ a4= a6o*t t5e 7an$; 6ar on t5e en$7a+
Za75 Co*9532n: I a, a4=2n9 52, a6o*t 2t for 2,+ea752n9 52, :2t5 re9ar$ to :5ere t524 8*ote *n8*ote
7an$; 6ar :a4 4e3e7te$ fro,
Hon" B*$9e Ho:ar$: I $on@t :ant to 5ear an;t52n9 e34e a6o*t t5e en$7a+ or t5e 243e 3et@4 9o for:ar$"
Za75 Co*9532n: I@33 D*4t +re4er#e ,; o6De7t2on for t5e re7or$ Yo*r Honor Mr" Front2no 5a4 te4t2f2e$
*n$er oat5 t5at t524 F7an$; 6arG :a4 ta=en fro, an 27e 7rea, en$7a+ on t5e en$ of t5e 7an$; 243e 6*t
t5e #2$eo e#2$en7e :o*3$ 4*99e4t t5at 2t4 ta=en fro, 4o,e:5ere ent2re3; $2fferent t5at :o*3$ ten$ to
*n$er,2ne Mr" Front2no@4 te4t2,on; 2,+ea75 524 75ara7ter an$ e#er; ot5er fa7t*a3 a44ert2on 5e 5a4
,a$e 5ere to$a;"
Hon" B*$9e Ho:ar$: Do ;o* 5a#e t5at e#2$en7e 5ere to$a; 2n ;o*r +o44e442onM An4:er ;e4 or no"
Za75 Co*9532n: I a, not 4*re"
Hon" B*$9e Ho:ar$: Yo* $on@t =no: :5et5er ;o* 5a#e t5at e#2$en7e 2n ;o*r +o44e442onM
C:T5at@4""""or :5et5er 1a3?Mart :233 +ro#2$e 2t
Hon" B*$9e Ho:ar$: Mr" Co*9532n ;o* are te332n9 ,e I :ant to 6e 73ear a6o*t t524 t5at ;o* are
*n7erta2n a4 to :5et5er ;o* +er4ona33; +o44e44 t524 #2$eo ta+eM
Za75 Co*9532n: I t5o*95 ;o* 4a2$ :5et5er I +o44e44 e#2$en7e t5at :o*3$ 2,+ea75 :5at 5e 4a2$ an$
te4t2f2e$ to a4 to :5ere t5e 7an$; 6ar :a4
Hon" B*$9e Ho:ar$: are ;o* 2n +o44e442on of a #2$eo ta+e ;e4 or noM
Za75 Co*9532n: of a #2$eo ta+eM S2r I a, *n73ear on :5at ;o* are"""B*t 1a3?Mart $oe4 5a#e
7a,era4 a33 o#er t5e 4tore 4o :5et5er or not I a, I :o*3$ t52n= 2t :o*3$ 6e fa2r3; ea4; for 1a3?Mart
to 45o: :5ere t524 a33e9e$ 7an$; 6ar :a4 ta=en fro, an$ :5et5er t5at D26e4 :2t5 :5at Mr" Front2no
5a4 D*4t 4a2$"
Hon" B*$9e Ho:ar$: Mr" Co*9532n I a, 9o2n9 to 5o3$ ;o* 2n 7onte,+t at t524 +o2nt 2n t2,e I t52n=
t5at ;o* 5a#e $ero9ate$ t5e a*t5or2t; of t5e Co*rt :2t5 *n+rofe442ona3 7on$*7t re+eate$3; ;o*@#e
6een 92#en e#er; o++ort*n2t; to 5a#e t524 ,atter eC+e$2te$ an$ +ro7ee$ to tr2a3 an$ 5a#e a D*4t f2n$2n9
6*t ;o* 7ont2n*e to 2nterfere :2t5 t5at +ro7e44" I ,a=e a f2n$2n9 t5at ;o* are 9*23t; of $2re7t
7onte,+t I a, 9o2n9 to 5o3$ off :2t5 2,+o42t2on *nt23 t524 +ro7ee$2n9 24 re4o3#e$" A3r295t ;o* 7an
7ont2n*e ;o*r 32ne of 2n8*2r;"
Za75 Co*9532n: Yo*r Honor I nee$ to *4e t5e re4troo,"
Hon" B*$9e Ho:ar$: I 6e9 ;o*r +ar$onM
Za75 Co*9532n: I nee$ to *4e t5e re4troo,"
Hon" B*$9e Ho:ar$: 1e :233 ta=e a f2#e ,2n*te re7e44 I a, 9o2n9 to re,a2n 5ere on t5e 6en75"
Za75 Co*9532n: S2r I :233 6e 8*27=" <(:A-:EA +,)""""
<(:(E:EA +,)
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01588
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Hon" B*$9e Ho:ar$: 1e are 6a7= on t5e re7or$" Mr" Co*9532n 5a4 5a$ an o++ort*n2t; to *4e t5e
fa7232t2e4 an$ :e :233 +ro7ee$"
Za75 Co*9532n: T5an= ;o* Yo*r Honor Mr" Front2no are ;o* a:are of :5et5er or not ;o* :ere
6e2n9 ta+e re7or$e$ or #2$eo ta+e$"
T5o,a4 Front2no: Ye4 I a, t5ere@4 7a,era t5ro*95o*t t5e 4tore an$ 429n4 3ett2n9 7*4to,er4 =no:
t5e; are 6e2n9 ta+e"
Za75 Co*9532n: So t5ere@4 7a,era@4 t5ro*95o*t t5e 4tore"
T5o,a4 Front2no: T5ere@4 not 7a,era4 e#er;:5ere 2n t5e 4tore +r2,ar23; 2n 5295 t5eft or 4afet;
re3ate$ area4"
Za75 Co*9532n: 1a4 t5ere an; a*$2o ta+e ,a$eM
T5o,a4 Front2no: An$ $2$ ;o* or an;one a44o72ate$ :2t5 1a3?Mart ,a=e an; a*$2o ta+e4 2n
7onne7$t2on :2t5 t524 42t*at2onM
Za75 Co*9532n: No"
(:(':A' +,
Za75 Co*9532n: D2$ 1a3?Mart +ro#2$e #2$eo ta+e to M4" Ro6ert4M
T5o,a4 Front2no: I +ro#2$e$ e#2$en7e to M4" Ro6ert4
Za75 Co*9532n: In fa7t 2n ;o*r 4tate,ent 2n t5e $247o#er; +ro#2$e$ 6; t5e C2t; Attorne; ;o* 4tate$
t5at #2$eo e#2$en7e :o*3$ 6e 7o,+23e$M
T5o,a4 Front2no: Ye4"
Za75 Co*9532n: an$ :5at $2$ ;o* +ro#2$e"
T5o,a4 Front2no: I +ro#2$e$ e#2$en7e fro, :2t52n t5e off27e"
Za75 Co*9532n: 6; t5at $o ;o* ,ean D*4t #2$eo e#2$en7e fro, t5e roo, 2n :5275 ;o* too= t5e
a77*4e$ to"
T5o,a4 Front2no: I too= #2$eo 2,a9e4 of t5e roo, to :5275 I too= t5e a77*4e$ to"
Za75 Co*9532n: B*4t t5at t5o*95M
T5o,a4 Front2no: D*4t t5at ;e4" T5at 24 a33 :e 7o,+23e$ ;e4"
Za75 Co*9532n: :5;M
T5o,a4 Front2no: 6e7a*4e t5e +r2,ar; t5e on3; re4on""":e $on@t 9enera33; re7or$ #2$eo for fo*rteen
$o33r +ett; 3ar7en; 2n72$ent4 *,""":e $2$ t5t 4+e72f27a33; t524 t2,e 6e7a*4e of a77*4t2on t5at :ere
,a$e to:ar$4 t5e off27er4"
Za75 Co*9532n: a77*4t2on4 6; :5o,M
T5o,a4 Front2no: a77*4t2on ;o* 5a$ ,a$e to:ar$ t5e off27er4""";o* 5a$ ,a$e a77*4at2on t5at t5e;
:ere ,a=2n9 an *n3a:f*3 4ear75 of ;o*r +er4on"
Za75 Co*9532n: 4+e72f27a33; :5at :a4 *n3a:f*3 a6o*t 2t"
Reno C2t; Attorne; Pa, Ro6ert4: O6De7t2on 7a334 for a 3e9a3 7on73*42on"
Hon: B*$9e Ho:ar$: 4*4ta2ne$ 4*4t2ne$
Za75 Co*9532n: I a, not a4=2n9 2t for t5e +*r+o4e4 of o6ta2n2n9 a 3e9a3 7on73*42on 6*t ,ere3; for
52, to re4tate :5at :a4 4a2$"
Reno C2t; Attorne; Pa, Ro6ert4: t5at@4 not t5e :a; 5e a4=e$ t5at 8*e4t2on Yo*r Honor"
Hon" B*$9e Ho:ar$: a4= anot5er 8*e4t2on"
Za75 Co*9532n: Ye4 S2r Yo*r Honor" D2$ an;one 2n73*$2n9 ,;4e3f t5at :a4 2n t5at roo, t5at t2,e
4+e72f2; 2n an; :a; a4 to :5at :a4 2,+er,244263e a6o*t 4*75 a 4ear75M
T5o,a4 Front2no: No ;o* $2$ not"
Za75 Co*9532n: 4o ;o*r te4t2,on; 24 t5at a77*4t2on4 :ere ,a$e t5at t5e 4ear75 :a4 2,+er,244263e
T5o,a4 Front2no: 7orre7t
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01589
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CK 6*t not52n9 ,ore 4+e72f27 :a4 4a2$M
T5o,a4 Front2no: no"
Za75 Co*9532n: :a4 t5ere an; 7o,,entar; a6o*t t5e 2,+er,244236t; of 7on$2t2on2n9 4ear75 6a4e$
*+on t5e fa23*re to 7on4ent to 4*75 4ear75M
T5o,a4 Front2no: Ye4"
Za75 Co*9532n: :e33 :o*3$n@t t5at 7ontra$27t4 :5at ;o* D*4t 4a2$ :2t5 re9ar$ to :5et5er an; 4+e72f274
:ere 4a2$ :2t5 re4+e7t to :5at :a4 2,+er,244263e a6o*t t5e 4ear75"
Hon" B*$9e Ho:ar$: I@33 a33o: 2t"
Za75 Co*9532n: Mr" Front2no 2t 4ee,4 t5o*95 a9a2n t5at ;o*r te4t2,on; 7ontra$27t4 t5e te4t2,on;
;o* ,a$e not e#en t5ree ,2nt*e4 +r2or" <(:&.:(()"
Reno C2t; Attorne; Pa, Ro6ert4: 24 t5at a 8*e4t2on Yo*r HonorM
Za75 Co*9532n: I@, a4=2n9 52, to eC+3a2n"
Hon" B*$9e Ho:ar$: Sto+W" I :233 a33o: 2t" Do ;o* *n$er4tan$ 2tM
T5o,a4 Front2no: I 6e32e#e I $o *n$er4tan$ 2t" I 7an 9o t5ro*95 2t fro, t5e 6e92nn2n9 to en$ 2f ;o*
32=e" T5ere :a4 +o2nt 2n t2,e :5ere ;o* ,a$e an a77*4at2on t5at ;o* 5a$ not 92#en 7on4ent to
4ear75 an$ 2t :a4 at t5at t2,e t5at Off27er Cra:for$ 4a2$ ,a=e note an$ I 6e32e#e 2t4 2n ,; +o327e
4tate,ent t5at t5ere :a4 notat2on t5at ;o*r +o7=et4 :ere 4ear75e$ after ;o* :ere +3a7e$ *n$er arre4t"
Za75 Co*9532n: O=a; 7orre7t ,e 2f I@, :ron9 6*t t524 24 :5t I D*4t 5ear$ ;o* 4a; Ft5ere :a4 no
$2a3o9*e or 4+e72f274 ,ent2one$ a6o*t :5at :a4 2,+er,244263e a6o*t 4*75 a 4ear75 6*t t5en *+on
f*rt5er 8*e4t2on2n9 ;o* 2n$27te$ t5t t5ere :a4 4o,e $2a3o9*e a6o*t 5o: 2t :a4 2,+er,244263e to
7on$2t2on t5e 4ear75 6a4e$ *+on t5e ref*4a3 to 92#e 7on4ent for t5e 4ear75 to *4e ref*4a3 to 92#e
7on4ent a4 a 6a424 for t5e 4ear75"
T5o,a4 Front2no: Yo* are 7o,+3ete3; ,24*n$er4tan$2n9 :5at I 4a2$ t5en"
Za75 Co*9532n: 1e33 I :o*3$ 4a; Fof 7o*r4e I a,G 6e7a*4e ;o* 5a#e 92#en t5ree $2fferent
7ontra$27tor; an4:er4"
Hon" B*$9e Ho:ar$: 6e2n9 ar9*,entat2#e 3et 52, re4on$ to t5e 8*e4t2on 9o a5ea$"
T5o,a4 Front2no: 7an ;o* re+eat t5e 8*e4t2on"
Za75 Co*9532n: 7an ;o* eC+3a2n 5o: 2t 7o*3$ not 6e 7ontra$27tor; for ;o* to or292na33; te4t2f; t5at
6a42n9 t5e +er,2442632; of t5e 4era75 *+on fa23*re to 92#e 7on4entto t5e 4ear75 :a4 not $247*44e$ an$
t5en ;o* te4t2f2e$ t5at 24 :a4 $247*44e$ an$ t5en no: ;o* are te4t2f;2n9 t5at 2t :a4n@t $247*44e$M
Reno C2t; Attorne; Pa, Ro6ert4: o6De7$2on 7a334 for a 7on73*42on"
Hon" B*$9e Ho:ar$: $o ;o* *n$er4tan$"
T5o,a4 Front2no: I $on@t t52n= I $o"
Za75 Co*9532n: :a4 t5ere a $247*442on re3ate$ to :5et5er 2t :a4 233e9a3 to 6a4e t5e 4ear75 *+on a
fa23*re to 7on4ent to a 4ear75 an$ ;o* 4a2$ ;e4"
T5o,a4 Front2no: I :233 re4+on$ a4 6e4t I a, a63e to" Per5a+4 2t4 6e4t to 4tart :2t5 t5e; a4=e$ 2f t5e;
7o*3$ $o a :ea+on +at $o:n 4ear75 ;o* 7on4ente$ to t5at t5e; $2$ an o*t42$e +at $o:n" After ;o*
6e7a,e non 7o,+32ant an$ *n7oo+erat2#e :2t5 t5e 2n#e4t29at2on an$ a4=e$ for an attorne; ;o* :ere
+3a7e$ *n$er arre4t" T5e; arre4te$ ;o* +*t 5an$7*ff4 on ;o* :5ate#er t5e; $o t5e; t5en e,+t2e$
;o*r +o7=et4 a4 t5e; $o :2t5 e#er; ot5er +er4on t5e; +*t *n$er arre4t at :5275 t2,e :e t5en
re7o#ere$ ,ore 4to3en ,er75an$24e :5275 :a4 t5e 7o*95 $ro+4"""It :a4 at t5at t2,e t5at ;o* 4a2$ I
$2$n@t 7on4ent to a 4ear75 ;o*r 7an@t I """I $2$n@t 92#e ;o* 7on4ent to 4ear75 ,e"
Za75 Co*9532n: Do ;o* fee3 Mr" Front2no t5at e#er t2,e I +*t fort5 to ;o* t5e 2n7on424ten7; an$
7ontra$27$t2on4 2n ;o*r te4t2,on; t5at ;o* re4+on$ 6; ta3=2n9 a6o*t t52n94 t5at are 7o,+3ete3;
*nre3ate$"
T5o,a4 Front2no: No 6e7a*4e I 6e32e#e t5at@4 7o,+3ete3; re3ate$"
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01590
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Za75 Co*9532n: no: :5at $2$ ;o* te33 t5e +o327e :5en t5e; arr2#e$"
T5o,a4 Front2no: I to3$ t5e +o327e t5at I 5a$ 4to++e$ ;o* for 45o+32ft2n9 t5e 75o7o3ate 2te, 6*t t5at I
a34o 6e32e#e$ ;o* 5a$ 7o*95 $ro+4 on ;o*r +er4on 6*t t5at I a34o 6e32e#e$ ;o* 5a$ 7o*95 $ro+4 on
;o*r +er4on 6*t t5at ;o* 5a$ 9one 2nto t5e re4troo, 6*t t5at I $2$ not 5a#e +o42t2#e e#2$en7e t5at ;o*
4t233 5a$ 4o,e 2n ;o*r +o44e442on e#en t5o*95 ;o* 5a$ 7on4*,e$ 4o,e an$ $24+o4e$ of t5e
+a7=a92n9 to t5e,"
<5ere Front2no 7ontra$27$t4 52,4e3f fro, 4enten7e to 4enten7e" He $oe4n@t 5a#e +o42t2#e e#2$en7e of
t5e 7o*95 $ro+4 6e2n9 :5atM Po44e44e$ 7on4*,e$M B*t 6; t5e neCt 4enten7e 5e 24 atte4t2n9 t5at
Co*9532n 5a$ F7on4*,e$G 4o,e F$24+o4e$ of t5e +a7=a92n9 to t5e,G" So :5ere 1a3?Mart +o327;
a++arent3; :on@t 3et Front2no $o 4o,et529 :2t5 t5e 6at5roo, Front2no atte,+t4 to 3e#era9e t5e
+o327e for7e to $o t5at :5275 524 e,+3o;er@4 +o327; for62$4M
Za75 Co*9532n: 5a#e ;o* $247*44e$ ;o*r te4t2,on; 5er to$a; :2t5 t5e t:o In$2an Co3on; Off27er4M
T5o,a4 Front2no: No I 5a#e not"
Za75 Co*9532n: :5ere ;o* 42tt2n9 :2t5 t5e, for a6o*t an 5o*r 6efore 7o*rtM
T5o,a4 Front2no: +ro6a63; for a6o*t 5a3f an 5o*r <(:&E:(E)"
Za75 Co*9532n: 1ere ;o* 3a*952n9 an$ Do=2n9 to9et5erM
T5o,a4 Front2no: Ye4 :e :ere"
C:are ;o* 73o4e to or $o ;o* 5a#e a +er4ona3 re3at2on452+ :2t5 t5o4e off27er4M
T5o,a4 Front2no: No I $o not 6*t t5ere are #er; fe: tr26a63 +o327e off27er4 4o :e ten$ to :or= :2t5
t5e, fa2r3; re9*3ar3;
Za75 Co*9532n: o=a; 4o ;o*r te4t2,on; 24 5ere *n$er +ena3t; of +erD*r;"""I $on@t =no: :5; ;o* are
4,232n9 t5at4 not #er; f*nn; ;o* :o*3$n@t a++re7f2ate 9o2n9 2nto an o+erat2n9 roo,an$ 4ee2n9 a
4*r9eon Do=2n9 aro*n$M
T5o,a4 Front2no: I 5a#e D*4t 6een re,2n$e$ 4e#era3 t2,e4"
Za75 Co*9532n: Yo*r te4t2,on; 5ere to$a; 24 t5at ;o* +ro#2$e$ 4tate,ent4 6ot5 ora3 an$ :r2tten to
t5e t:o In$2an Co3on; off27er4 fro, t5e t2,e t5e; arr2#e$ *nt23 t5e t2,e t5e; 3eft t5at ;o* personally
:2tne44e$ 4o,et52n9 :2t5 re9ar$ to t5e 7o*95 $ro+4" 1a4 ;o*r te4t2,on; t5at ;o* to3$ t5e off27er4
t5at ;o* +er4ona33; :2tne44e$ t5e a77*4e$ $o2n9 4o,et52n9 :2t5 t5e 7o*95 $ro+4M
Reno C2t; Attorne; Pa, Ro6ert4: a4=e$ an$ an4:ere$"
Hon" B*$9e Ho:ar$: S*4ta2ne$"
Za75 Co*9532n: 2n ;o*r :r2tten 4tate,ent :5at $2$ ;o* 2n$27ate :2t5 re4+e7t to t5e 7o*95 $ro+4M
H I $on@tre,e,6er 2f I 5a$ t5e 4tate,ent :2t5 ,e ,a;6e2 t :o*3$"
Za75 Co*9532n: :5en t5e +o327e arr2#e$ on t5e 47ene $2$ ;o* ,a=e 4tate,ent4 to t5e +o327e re9ar$2n9
+re#2o*4 2ntera7t2on4 :2t5 t5e a77*4e$M
T5o,a4 Front2no: I 6e32e#e I $2$ ,a=e t5e 4tate,ent4 t5at I 5a$ fo33o:e$ ;o* 2n t5at +a4t t5at I 5a$
4een ;o* 2n t5e +a4t 4e3e7t an$ 7on4*,e a +a7=a9e of MXM@4 t5at ;o* 5a$ a 3on9 4tan$2n9 524tor;
:2t5 t5e 4tore t5at o*r ,ana9e,ent 5a$ a3rea$; :ante$ to 5a#e ;o* tre4+a44e$ 6*t 5a$ t5at far fa23e$
to 5a#e an o++rot*n2t; to $o 4o"
Za75 Co*9532n: 1a4 t5e rea4on t5e; :ante$ to 5a#e t5e a77*4e$ tre4+a44e$ 6a4e$ *+on a reta32ator;
,ot2#e 2n 7onD*n7t2on :2t5 t5e a77*4e$@4 atte,+t4 to 5o3$ 1a3?Mart to t5e Ret*rn Po327; :5275 24
2n7or+orate$ 2nto a33 4a3e4 t5e; ,a=e an$ :5275 24 73ear3; an$ eC+re443; $24+3a;e$ 6ot5 2n t5e 4tore4
an$ on 1a3?Mart@4 :e642te"
Reno C2t; Attorne; Pa, Ro6ert4: I a, 9o2n9 to o6De7t 7a334 for 52, to 4+e7*3ate 2nto t5e ,2n$4 of t5e
,ana9er4 a4 to :5; t5e; :ante$ to tre4+a44 52,"
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01591
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Hon" B*$9e Ho:ar$: Do ;o* =no: an;t52n9 a6o*t t5atM
T5o,a4 Front2no: I 7an 4+ea= to 4o,e of 2t fro, ,; 42$e te75n27a33; t5ere are t:o $2fferent
o+erat2on4 2n t5e 4tore t5ere are o+erat2on4 t5at $ea3 :2t5 7*4to,er4 an$ t5ere 24 a44et +rote7t2on
:5275 :e are te75n27a33; f2e3$ a4o72ate4 4o :e 5a$ o*r o:n rea4on4 for :ant2n9 to 5a#e ;o*
tre4+a44e$ fro, t5e fa7232t; 6a4e$ *+on o*r o:n $ea32n94 :2t5 ;o* :e ,ean2n9 ,; ,ana9er Ant5on;
R27=er4on Sean :5o 24 anot5er a442tant ,ana9er :5o 24 a:are of ;o* A3o$2a :5o 24 anot5er
a4424tant ,ana9er :5o 429ne$ ;o*r tre4+a44 for,"
Za75 Co*9532n: 15en ;o* 4a; :e are ;o* D*4t referr2n9 to 2n$2#2$*a34 :5o :or= :2t5 ;o* 2n ;o*r
+art27*3ar AP 9ro*+ or 2n ;o*r +art27*3ar 1a3?Mart 4toreM
T5o,a4 Front2no: 1e $o 7o,,*n27ate 6et:een 4tore4 #2a e,a23 :e a33 5a#e a77e44 to t5e 4a,e
$ata6a4e 7a33e$ a+24 A P I S"
Za75 Co*9532n: D2$ ;o* 7o,,*n27ate a6o*t ,e :2t5 ot5er 4tore4 or $2$ an;6o$; e34e at ;o*r 4toreM
T5o,a4 Front2no: not to ,; =no: =no:3e$9e"
C: 4o 2f t5e 1e4t '
t5
St" 1a3,art ,a$e a reta32ator; t5reat to t5e a77*4e$ 2n 7onD*n7t2on :2t5 t5e
a77*4e$ +o2nt2n9 o*t t5at t5e ,ana9er4 :5o 5a$ 6een t5ere for o#er ten ;ear4 4ee, to 7on#en2ent3;
Ffor9etG t5e Ret*rn Po327; :5ene#er t5e n*,6er4 $on@t :or= o*t 2n a :a; t5at ,a=e4 t5e, 5a++; 24
t5at 4o,et52n9 ;o* :o*3$ 5a#e ne#er 6een 2nfor,e$ of
Reno C2t; Attorne; Pa, Ro6ert4: o6De7t2on re3e#an7e
Hon" B*$9e Ho:ar$: :5at 24 t5e re3e#an7e of t524M
Za75 Co*9532n: reta32ator; ,ot2#e 4+e72f27a33; for front2no or ot5er4 to 32e
T5o,a4 Front2no: I 9et +a2$"""
Hon" B*$9e Ho:ar$: Ho3$ on 5o3$ on" O6De7t2on 4*4ta2ne$" I 5a#e 92#en ;o* a 9reat $ea3 of 3at2t*$e"
1e 5a#e 5a$ t524 :2tne44 te4t2f; for o#er an 5o*r" 1e are 9o2n9 ot 9et t5ro*95 t524 tr2a3 ton92t5" T5e
7o*rt 5a4 a +ero9at2#e to eC+e$2te t524 +ro7ee$2n9" In t5e f*t*re 2f ;o* 2n8*2re 2nto ,atter4 t5at are
not re3e#ant :5et5er or not t5e 72t; o6De7t4 I a, 9o2n9 to 7*t ;o* off"
Za75 Co*9532n: are ;o* a:are t5at an a+ a44o72ate fro, 1a3,art ,a$e t5reat4 to t5e a77*4e$ t5at 5e
:o*3$ reta32ate a9a2n4t t5e; a77*4e$ for tr;2n9 to a44ert 524 r295t4 *n$er t5e Ret*rn Po327; t5at
1a3,art +*t4 fort5 to 7*4to,er4 6; 5a#2n9 52, 6anne$ fro, a33 :a3,art4 an$ or ,a3272o*43;
+ro4e7*te$"
T5o,a4 Front2no: no ot5er t5an +re#2o*4 to 7o*rt t5at 4e#era3 t52n94 :ere ,ent2one$ 6efore t5at no"
<(:E(:&' +,)
Za75 Co*9532n: 4o ;o* ne#er 7o,,*n27ate$ a6o*t t5e a77*4e$ :2t5 an; ot5er :a3,art"
T5o,a4 Front2no: :e $on@t 7o,,*n27ate $2re7t3; t5ro*95 A+24 2t4 42,+3; a $ata6a4e" I 5a#e ne#er
re7e2#e a +27t*re or an e,a23 a6o*t ;o*"
Za75 Co*9532n: 5a#e ;o* fe3t an; +re44*re fro, ;o*r ,ana9er4 to reta32ate a9a2n4t 4o,eone ,a;6e a
$o7*,entar; f23,,a=er :5o 24 2n#e4t29at2n9
Hon" B*$9e Ho:ar$: ;o* $on@t 5a#e to an4:er t5at 8*e4t2on t5at 24 2rre3#ant to t524 +ro7ee$2n9"
Anot5er 8*e4t2on"
Za75 Co*9532n: Do ;o* 6e32e#e ;o*r e,+3o;er reta32ate4 a9a2n4t 2n$2#2$*a34 :5o 452ne 3295t on t5e2r
e,+3o;er4 fa23*re to a62$e 6; t5e2r o:n Ret*rn Po327;M
Reno C2t; Attorne; Pa, Ro6ert4: o6De7t2on Re3e#ana7e
Hon" B*$9e Ho:ar$: 4*4ta2ne$"
Za75 Co*9532n: 4o t5e 244*e of :5et5er 524 e,+3o;er 24 +re44*r2n9 52, to reta32ate 24 not re3e#ant
Hon" B*$9e Ho:ar$: t5at4 r295t I $on@t f2n$ 2t re3e#ant a4= anot5er 8*e4t2onW
Za75 Co*9532n: 4o 4tan3e; 7*nn2n95a, :a4 on 6rea=M
T5o,a4 Front2no: ;e4 5e :a4 on 3*n75 6rea="
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01592
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Za75 Co*9532n: 4o r295t :5en t5e a77*4e 7a,e 2nto t5e 4tore ;o* 6e9an ta232n9 52, :a4 an;one
:at752n9 t5e f23,:523e ;o* :ere ta232n9M
T5o,a4 Front2no: no
Za75 Co*9532n: 4o no6o$;@4 :at752n9 t5e #2$eo>f23,M 2t4 D*4t 6e2n9 re7or$e$M
T5o,a4 Front2no: 2t4 6e2n9 re7or$e$ 4o 2f 2t4 nee$ :e 7an 9o 6a7= to 2t an$ a78*2re 2t 2n 3ar9er 4tore4
:2t5 5295 t5eft t5at 5a#e +an t23t Loo, 7a,era4"
Hon" B*$9e Ho:ar$: 1e are D*4t 7on7erne$ :2t5 :5at 24 9o2n9 on 5ereW
T5o,a4 Front2no: o=a;"
Za75 Co*9532n: ;o*r 4tore $oe4 not 5a#e +an t23t Loo, 7a,era4M
T5o,a4 Front2no: no 42r"
Za75 Co*9532n: $2$ ;o* :at75 an; or atte,+t to :at75 an; #2$eo of :at75 ;o* a33e9e :a4 $one :2t5
t5e 7o*95 $ro+4M
T5o,a4 Front2no: no I $2$ not"
Za75 Co*9532n: :5; notM
T5o,a4 Front2no: 6e7a*4e I 9enera33; $on@t 6a4e$ *+on O0&".. $o33ar +ett; 3ar7en;"
Za75 Co*9532n: 6*t 2f ;o*r e,+3o;er 7o*3$ 9et 4*e$ for :ron9f*3 arre4t or $a,9e to one4@
+rofe442ona3 re+*t2on 7o*3$nt 2t 6e7o,e 6299er 244*e t5n fo*rteen $o33ar +et2t 3ar7en;
Hon" B*$9e Ho:ar$: 5e 5a4 an4:ere$ t5e 8*e4t2on a4 to :5; 5e $2$ not re#2e: t5e #2$eo ta+e:
Za75 Co*9532n: an$ I a, a4=2n9 a fo33o: *+ 8*e4t2on"
Hon" B*$9e Ho:ar$: a4= anot5er 8*e4t2onWOYYOZYOZW I a, not 9o2n9 to a33o: t5at 8*e4t2onW It 5a4
no re3e#an7eWWWZ[X\YYOZY
Za75 Co*9532n: $o ;o* 5a#e an; $*t; to a47erta2n :5et5er or not t5e a33e9at2on ;o* ,a=e an$
:5et5er an; arre4t4 ;o* ,a=e are 6a4e$ 2n fa7t or 4*++orte$ 6; a$,244263e e#2$en7e
T5o,a4 Front2no: a64o3*te3;"
,a!( Co$g(l"2 does t(at d$ty "ot "!l$de bot(er"g to loo- at t(e )deo9
T5o,a4 Front2no: 2t $2$ not 5a#e an;t52n9 to $o :2t5 6ot5er2n9 to 3oo= at t5e #2$eo 2t 5a$ to $o ,ore
:2t5 3oo=2n9 at t5e +3a7e4 :5ere I =ne: ;o* 5a$ 4e3e7te$ to 7on7ea3 2te,4 t5ere not 6e2n9 4+e72f27
#2$eo e#2$en7e $o:n t5o4e 243e4 be!a$se *e do"3t (a)e a lot of sl& "!de"ts " t(e !a"dy sle+
*al'art ele!ts "ot to &$t a )deo !a'era " t(at sles.
Za75 Co*9532n: :5ere $o ;o* a33e9e$ ea75 2te, :a4 4+e72f27a33; 4e3e7te$ o+ene$ an$ t5en
7on7ea3e$"
T5o,a4 Front2no: T5e 7an$; 2te, ;o* 4e3e7te$ o+ene$ an$ 7on4*,e$ :523e :a3=2n9 aro*n$ t5e
4tore"
Za75 Co*9532n: 2t :a4 4e3e7te$ fro, an en$7a+ ;o* 4a2$ fro, t5e 7an$; 243e
Reno C2t; Attorne; Pa, Ro6ert4: o6De7t2on t5at :a4 not 524 te4t2,on;"
Hon" B*$9e Ho:ar$: t5at :a4 not 524 te4t2,on;"
Za75 Co*9532n: I@, 4orr; 7o*3$ I"
Hon" B*$9e Ho:ar$: no 2t4 a4=e$ an$ an4:ere$ 2f ;o* $on@t re,e,6er 2t ;o* 7an re#2e: t5e
tran47r2+t 3ater" Go for:ar$ :2t5 anot5er 8*e4t2on"
Za75 Co*9532n: o5 I@33 6e re#2e:2n9 t5e tran47r2+t 3ater" 15ere :a4 t5e 7an$; 6ar 4e3e7te$M
Reno C2t; Attorne; Pa, Ro6ert4: Yo*r Honor a4=e$ an$ an4:ere$"
T5o,a4 Front2no: 2n t5e 7an$; 243e"
Za75 Co*9532n: 4o not on an en$7a+ 6*t 4o,e:5ere :2t52n t5e 243e 2t4e3f"
T5o,a4 Front2no: Ye4"
Za75 Co*9532n: t5e 7an$; 6ar :a4" 1a4 2t"""an$ :5at 2te, :a4 t5atM Yo* 4a; 2t :a4 a 7an$; 6arM
- E0>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01593
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T5o,a4 Front2no: It :a4 a""";e4 2t :a4 a 75o7o3ate 2te, I 6e32e#e"""I 6e32e#e 2t 5a$ 7ara,e3 2n42$e 2t I
$2$n@t 2n4+e7t 2t 2t 5a$ a3rea$; 6een 7on4*,e$" I 5a#e a +27t*re of t5e :ra++er"
Za75 Co*9532n: an$ :e 5a#e a n*,6er for 2t a n*,6er for t5e 6ar 7o$e
T5o,a4 Front2no: t5e UPC ;e4 t5e 6ar 7o$e t5e n*,6er on t5e re7e2+t ;e4 t5at@4 7orre7t"
Za75 Co*9532n: :o*3$ 2t 6e 7orre7t to 4a; on t5e re7e2+t 2t4 t5e t52r$ 2te, $o:n ,a9n$637r,3 n*,6er
..''E-'0(A/A
F: Ye4 t5at 24 7orre7t
C: o=a; 6*t ;o* $on@t =no: :5at eCa7t 2te, t5at 24"
F: U, 2t4 t5e 2te, t5at I 5a#e a +27t*re of r295t 5ere 6a4e$ *+on t5e UPC 7o$e *4*a33; I 7an $247ern
t5e,
C: He@4 not enter2n9 t5at 2nto e#2$en7e at t524 +o2nt I $on@t 6e32e#e 4o I $on@t =no: 2f t5e Co*rt@4
a77e+t2n9 2t
HK 2t 5a4n@t 6een offere$ ;et]
7: t5e 6a232ff too= 2t fro, t5e :2tne44 an$ 9a#e 2t to t5e D*$9e I@33 note for t5e re7or$
f: no 5e 5a4 t5e re7e2+t
r: no 5e $2$n@t t5at@4 not t5e 7orre7t re7or$ t5e $o7*,ent t5e B*$9e 5a4 24 EC5262t 0"
C: H5 I@, 4orr; t5at :a4 not t5e +27t*re ,; ,24ta=e I@, 4orr; ;o* :ere ta3=2n9 a6o*t t5e +27t*re 4o
2t 4ee,e$ ;o* :ere
F: no 2t :a4 not t5e +27t*re
(:E%:EE
&:..:.. +","
Za75 Co*9532n: o=a; 4o t524 :a4 ta=en fro, 4o,e:5ere 2n t5e ,2$$3e of t5e 7an$; 243e ;o*
+er4ona33; :2tne44e$ t5at r295t ;o* D*4t te4t2f2e$ to t5at 7orre7tM
T5o,a4 Front2no: t5at ;o* too= 2t fro, t5e 7an$; 243e ;e4 I 7o*3$n@t te33 ;o* 5o: far $o:n eCa7t3; I
$2$n@t +a7e 2t o*t"
Za75 Co*9532n: O5"""6*t o5"""o=a;""";o* 4a2$ ;o* F+er4ona33; e;e :2tne44e$G t524
T5o,a4 Front2no: ;e4 6*t I $on@t ta=e ,ea4*r2n9 ta+e4 after:or$4""""or"""
C:o=a; 6*t 9enera33; ;o* 7o*3$ 4a; Fr295t on t5e e$9e of t5e 243eG or F4o,e:5ere 73o4er to 5a3f :a;G"
So,et52n9 32=e t5at r295tM Be7a*4e ;o*""";o* are te332n9 *4"""
Hon" B*$9e Ho:ar$: $o ;o* =no: eCa7t3; :5ere 2t :a4M <&:..:(()
T5o,a4 Front2no: Ye4 I $o"""2t :a4 fro,""""2t :a4 fro,"""t5e 7an$; 243e"
Za75 Co*9532n: o=a; 6*t 2t4 not a6o*t F:5ere 2t4 fro,G""":er@re 4a;2n9 *n$er +ena3t; of +erD*r; ;o*
are 4a;2n9 t5at ;o* F+er4ona33; e;e :2tne44e$G t5e
Hon" B*$9e Ho:ar$: 24 t5ere a 8*e4t2onM
Za75 Co*9532n: ;ea5"
Hon" B*$9e Ho:ar$: :5ere 24 2tM
Za75 Co*9532n: I :ant to #er2f; :5ere $2$ 5e +er4ona33; e;e :2tne44 2t"
T5o,a4 Front2no: I :a4 4tan$2n9 at t5e en$ of t5e 243e an$ ;o* 4e3e7te$ 2t"
Za75 Co*9532n: :a4 I 4tan$2n9 r295t neCt to ;o*M
T5o,a4 Front2no: Of 7o*r4e not"
Za75 Co*9532n: o=a; t5en :e33 7o*3$ ;o* +3ea4e 6e a 32tt3e ,ore 4+e72f27"
Hon" B*$9e Ho:ar$: Co*3$ ;o* 6e ,ore 4+e72f27 a4 to :5ere 5e +27=e$ *+ t5e 2te,M
T5o,a4 Front2no: A33 of o*r"""I 6e32e#e 2t :a4 one of o*r n27er 75o7o3ate4 2t :a4n@t a Sn27=er4 or
an;t52n9 an$ 2t :a4 4e3e7te$ 2n t5at f2r4t & to / foot 4e7t2on 6e7a*4e ea75 4e7t2on 2t4e3f 24 fo*r feet 4o
2t :a4 4e3e7te$ fro, 2n t5ere"
Za75 Co*9532n: fro, t5e 7an$; 243eM
- EA>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01594
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T5o,a4 Front2no: Ye4 ;o* 4e3e7te$ 4e#era3 2te,4 fro, t5e 7an$; 243e 4o,e of :5275 ;o* +*r75a4e$
4o,e of :5275 ;o* 3eft at t5e 7a45 re924ter"
Za75 Co*9532n: An$ ;o* are 4a;2n9 ;o* t5en 4a: ,e"""t5at +art27*3ar 2te, :5o4e 6ar 7o$e :5oe
6ar7o$e :e D*4t entere$ 2nto t5e re7or$ ;o* 4a: ,e o+en t5at an$ t5en 7on4*,e 2t"
T5o,a4 Front2no: I a, 4a;2n9 ;e4 I 4a: ;o* o+en 2t an$ 7on4*,e 2t" Yo* 5a$ a 4ta7= <&:.0:(E +","K
Front2no 4tart4 to rea32Le 524 24 tota33; effe$ 5ere) of""""of""""7an$; 6ar4 an$ ot5er foo$ 2te,4 t5at ;o*
4e3e7te$ a 6*n75 of 2te,4 an$ +*t t5e, 2n ;o*r 7art an$ t5en ;o*"""" t5en""""4*,65""""
<:2;12:: &' Fro"t"o tr&s all o)er (s t(o$g(ts a"d *ords a"d $tters so'e .$as *ord *(le (e
tres to t("- (s *ay o$t of t(e s(t&" (e 7$st *al-ed ('self "to<
"""t 4e3e7te$ t5at one 2te, o*t of ;o*r 7ar an$ ;o* o+ene$ 2t an$ 7on4*,e$"
<&:.0:&% +,)
Za75 Co*9532n: O=a; an$ 2f t5at 2te, 24 a refrigerated 2te, :o*3$ 2t ,a=e an; 4en4e for 2t to 6e 2n
t5e 7an$; 243e :5ere t5ere 24 no refr29erat2onM
<&:.0:E/ +,)
T5o,a4 Front2no: T5ere"""t5ere 24 on t5e en$7a+" <O0+ GREAT /O%NT FRONT%NO+ TR6 TO
#R%NG T0E OL= EN=CA/ #AC> %NTO NO? T0AT 6OU NA%LE= 6OURSELF %NTO
T0E F%RST : #6 @ FOOT SECT%ON S/EC%F%C%T6 6OU REAC0E= FOR
EARL%ERA<...t5at t5at""""t5at"""t5at@4 ,; +o2nt""";o* 4e3e7te$ a 3ot of 2te,4 an$ +*t t5e, a33 $o:n"
Za75 Co*9532n: B*t ;o*r te4t2,on; *n$er oat5 *n$er +ena3t; of +erD*r; :a4 t5at ;o* 4a: t5e a77*4e$
ta=e t5at +art27*3ar 2te, not from the endcap 6*t fro, t5e f2r4t & to / foot 4e7t2on of t5e 7an$; 243e
:5275 24 not refr29erate$ r295tM
T5o,a4 Front2no: Corre7t"
Za75 Co*9532n: So 2f t5at 2te, 2f :e +*33e$ *+ t5at 2te, an$ t5at 6ar 7o$e an$ 2t4 45o:4 2t4 a
refr29erate$ 27e 7rea, 75o7o3ate 7ara,e3 7onfe7t2on :o*3$ t5at 2n$27ate ;o* :ere 2na77*rate 2n :5at
;o* :ere te332n9 t5e 7o*rtM
T5o,a4 Front2no: Yo* 7o*3$ 5a#e ea423; +27=e$ 2t *+ fro, t5e 7an$; 243eM
B:2;22:5 &.'.+ (ear Fro"t"o3s ly"g )o!e !ra!- *(e" (e says t(e *ord 4sle5+ "ot e)e" able to
s$''o"s a (alf*ay !o")"!"g del)ery of (s sad atte'&t to !ra*l o$t of t(e .$!-sa"d<
Za75 Co*9532n: T5e ice cream bar fro, t5e candy isleM 1o*3$n@t 2t 6e ,e3te$ :o*3$n@t ;o* t52n=M
If 2t 5$ 6een 42tt2n@ t5ere 2n t5e 7n$; 243eM
Hon" B*$9e Ho:ar$: I4 t5at a 8*e4t2onM I4 t5at ;o*r 8*e4t2onM
Za75 Co*9532n: I a, a4=2n9 $oe4 t5at ,a=e 4en4e to ;o* 2f t524 2te, 2f 2t 24 e4ta63245e$ t524""
T5o,a4 Front2no: I a, 4a;2n9 ;o* 4e3e7te$"""
Za75 Co*9532n: I a, not f2n245e$ :2t5 ,; 8*e4t2on S2r"
Hon" B*$9e Ho:ar$: Yo* are f2n245e$W Yo*@re $oneW Go a5ea$ an$ re4+on$"
T5o,a4 Front2no: I a, 4a;2n9 ;o* 4e3e7te$ 4e#era3 2te,4 an$ +3a7e$ t5e, a33 2nto t5e 7art *,""";e4 I
,a; 5a#e 6een ,24ta=en 6e7a*4e ;o* +3a7e$ t5e, a33 2nto t5e 7art an$ t5en ;o* $2$ not +ro7ee$ to
$2re7t3; o+en t5e +a7=a9e after ;o* 4e3e7te$ 2t ;o* +*t 2t 2nto t5e 7art an$ 4e3e7te$ 2t fro, #ar2o*4
ot5er 2te,4 t5at :ere +*t 2nto t5e 7art"
Za75 Co*9532n: So 2f t5at 2te, :a4 an 27e 7rea, 6ar t5at :o*3$ ,e3t 2f 2t :a4n@t refr29erate$ an$ 2t
:a4 4e3e7te$ :5ere ;o* 4a; 2t :a4 4e3e7te$"""t5at :o*3$ 6e 4o,e:5at *n*4*a3 :o*3$n@t 2t for a
refr29erate$ 2te, to 6e 4e3e7te$ fro, an 243e t5at $oe4n@t 5a#e refr29erat2onM
<&:.(:E. +",")
F: to 6e 7o,+3ete3; 5one4tM At a 1a3,artM No no 2t :o*3$n@t 6e t5at *n*4*a3"
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01595
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<&:.&:0A +",")
Za75 Co*9532n: 1o*3$ 2t 6e +o44263e to re#2e: t5e #2$eo fro, t5at $ate 2n 8*e4t2on an$ t5e 243e 2n
8*e4t2on to 4ee 2f t5e 2te, 2n 8*e4t2on"""
T5o,a4 Front2no: T5ere are no #2$eo e#2$en7e of an; of t5e refr29erate$ 243e4 or t5e 7an$; 243e
5o:e#er +er 1a3,art +o327; ;o* :o*3$ 5a#e 5a$ to 4*6+oena t5at 2nfor,at2on"
Za75 Co*9532n: An$ t5e 32t29at2on 5o3$ not27e I +3a7e$ ;o* on at t5e t2,e of t5e arre4tM Yo* $2$n@t
re4+on$ to t5atM
T5o,a4 Front2no: 1e33 *5""I """I $on@t =no: of a 32t29at2on 5o3$ not27eM
Za75 Co*9532n: 15ere2n ;o* :ere 2nfor,e$ of ;o*r $*t; to ,a2nta2n""""
T5o,a4 Front2no: I :a4 ne#er 2nfor,e$:
Reno C2t; Attorne; Pa, Ro6ert4: O6De7t2on Yo*r Honor" T524 24 an A"P"A" T5at $oe4n@t =no:"""
Hon" B*$9e Ho:ar$: S*4ta2ne$ 4*4ta2ne$" Ye4 9o for:ar$ anot5er 8*e4t2on"
Za75 Co*9532n: So""";o*"""$e4tro;e$ a33 t5e #2$eo e#2$en7eM
T5o,a4 Front2no: No I $2$ not $e4tro; t5e e#2$en7e 2t 24 a*to,at27a33; re7or$e$ o#er after 4e#era3
,ont54"
Za75 Co*9532n: 5a4 2t 6een 4e#era3 ,ont54M
T5o,a4 Front2no: I :o*3$ 5a#e to 75e7= 6a7= :2t5 ,; 4tore to 4ee 2t4 4t233 on t5ere or not 2t
a*to,at27a33; after t2,e re7or$4 o#er 2t4e3f
Za75 Co*9532n: P3ea4e $o an$ I :233 note for t5e re7or$ t5at I a, 5ere6; 2nfor,2n9 ;o* an$
re8*e4t2n9"""
Hon" B*$9e Ho:ar$: A4= anot5er 8*e4t2onW A4= anot5er 8*e4t2onWWW
Za75 Co*9532n: So ;o* $on@t =no: :5et5er""";o* are 4a;2n9 t5ere are no 7a,era4 a6o#e t5e 7an$;
243eM
Hon" B*$9e Ho:ar$: A4=e$ an$ an4:ere$W
Za75 Co*9532n: O=a;" I4 t5ere 4o,et52n9 t5at 3oo=4 32=e a 7a,era a6o#e t5e 7an$; 243eM
F: I 6e32e#e t5ere ,295t 6e one at t5e a7t2on a33; 6*t I 7an@t 6e 4*re t5at t5ere 24" T5ere 24 anot5er one
t5at a7t*a33; +o2nt4 to:ar$ t5e ,eat $e+art,ent 6*t not $o:n to:ar$4 t5e 7an$; 243e
C: $2$ ;o* ,a=e an; atte,+t to a47erta2n :5et5er or not an; of t5e4e 4e3e7t2n9 o+en2n9 or
7on7ea32n9 a7t4 :ere 7a*95t on ta+eM
F: I $2$ 3oo= 22n t5e 4o$a 243e to 4ee 2f I 7o*3$ 4ee ;o* t5ro:2n9 an$ o+en2n9 an$ t5ro:2n9 a:a; t5e
7o9*5 $ro+ +a7=a9e an$ t5ere :a: not #2$eo t5ere t5e ot5er +a7=a9e ;o* t5re: a:a; 2n t5e 7an$;
243e an$ t5ere@4 not #2$eo t5ere"
C: t5ere@4 not #2$eo t5ereM
F: 7orre7t
7: ,ean2n9M
F: t5ere"""no"""#2$eo"""t5ere"
C: o=a; 4o ;o*r 4a;2n9 2t4 not a 7a4e of t5ere@4 #2$eo 6*t 2t $oe4n@t 45o: an;t52n9 2t4 a ,atter of
t5ere@4 D*4t +3a2n no #2$eo
f: 7orre7t t5ere@4 not an 2,a9e of t5at area t5at re7or$e$"
C: 4o ;o*r 4tore $oe4n@t re7or$ t5e 7an$; 243eM
&:.-:&A
H: A4=e$ an$ an4:ere$" He@4 te4t2f2e$ re+eate$3; t5at t5ere@4 no #2$eo on t5e 7an$; 243e a4= anot5er
8*e4t2on"
C: :5at are t5o4e t52n94 on t5e 7e232n9 at 1a3,art t5at 3oo= 32=e 32=e *5 I ,ean"""I a3:a;4 a44*,e$
t5e; :ere 7a,era4"""t5e; are 32=e t5e4e 32tt3e ro*n$ or64 :2t5 a =2n$ of 32tt3e 63a7= +*+23 t;+e 3oo=
- E&>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01596
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4*rro*n$e$ 6; ,a;6e a :52te +3a4t27 r2n9 an$ t5e; are 2nter4+er4e$ a33 t5ro*95o*t t5e 4tore t5e;
:o*3$ 4ee, 7o33o8*a33; 4*r#e233an7e #2$eo ,o4t +eo+3e t52n= or 3o44 +re#ent2on 7a,era4M 15at are
t5o4e t52n94 t5ere are ro6a63; 4e#era3 5*n$re$ t5ro*95o*t 1a3,art
FK t5o4e are #2$eo 7a,era4 for t5e 6etter +art"""4o,e 4tore4 5a#e fa34e 7a,era4 t5at are 42,+3; t5e
+*+23 a4 ;o* $e47r26e$""*,""
7 $oe4 ;o*r 4tore
f ,; 4tore I $o not 6e32e#e 5a4 an; fa34e 7a,era4
7 4o 2f t5er@4 7a,era4 a++roC2,ate3; e#er; 243e
r o6De7t2on t5ere4 no te4t2,on; t5at t5ere 7a,era4 a++roC2,ate3; e#er; 243e
5 2@33 a33o: t5e 8*e4t2on 9o a5ea$
7K 24 t5ere 7a,era4 D*4t a6o*t ao#e e#er; 243e
f a4 I 5a#e 4a2$ 6efore no +rett; ,*75 $o:n t5e net2re 9ro7er; 243e t5ere 24 not one 7a,era 452n9
$o:n an; of t5e a7t*a3 243e4 t5at; 5a#e t5e ,eat $e+art,ent +ro$*7e $e32 an$ a37o5o3" Ot5er t5an t5at
t5ere 24 not a 7a,era 2n an; of t5e 9ro7er; 243e4@" 1e 5a#e 7a,era44 452n2n9 $o:n t5e a7t2on a332e4 4o
on t5e 42$e4 6*t non of t5e, 452n$ $o:n t5e 243e4
7 o=a; 4o"""$o an; of t5e4e tra45 7an4"""are an; of t5e,""";o* a33e9e$ 4o,et52n9 :2t5 re9ar$ to t5e
tra45 7an4 an$ t5e 7o*95 $ro+4 24 t5at 7orre7t
f: ;e4 ;o* t5ro*95 t5e +a7=a92n9 to t5e 7o*95 $ro+4 2nto t:o 4e+arate tra45 7an4"
Z an$ ;o*r@re 4a;2n9 :2t5 re9ar$ to t5e 7o*95 $ro+4 24 2t a77*rate to 4a; t5at ;o* te4t2f2e$ t5at ;o*
+er4ona33; :2tne44e$ t5e a77*4e$ 4e3e7t t5e 7o*95 $ro+4 fro, 4o,e +o2nt 2n t5e 4toreM
F ;e4 ;o* 4e3e7te$ t5e, fro, t5e 45e3f 2n t5e +5ar,a7; $e+art,ent
7 :5ere""":5ere a6o*t4 24 t5at
f *, 2t :a4 7o3$ ,e$272ne 2t :a4 2n t5e 7o3$ ,e$272ne +art of +5ar,a7; 2t4 a7t*a33; t5e f2r4t 243e 2n
+5ar,a7; r295t +a4t t5e 243e :2t5 fe,2ne 5;9e2ne an$ 7on$o,4 on t5e r295t on t5e r295t 42$e on t5e
r295t 42$e of t5e 243e :e 5a#e a33 of o*r 7o*95 $ro+4 an$ 7o3$ ,e$272ne" T5at 24 :5ere ;o* 4e3e7te$
t5e 7o*95 $ro+4 fro,"
C $oe4 2t 4ee, 7 *r2o*4 to ;o* t5at ;o*r 4tore a++ear4 to 5a#e a 7o*+3e 5*n$re$ 7a,era4 2nter4+er4e$
t5oro*95t 2t ;et ne2t5er ;o* nor ;o*r e,+3o;er 5a#e ,ana9e$ to 9at5er an; of t5e #2$eo e#2$en7e
:5275 ,295t 4*++ort ;o*r te4t2,on;M
F no for t5e 4a,e rea4on t5at I 9a#e ear32er :e $on@t 9enera33; 7o,+323e #2$eo e#2$en7e on 4*75 a
,2nor 2n72$ent an$ 2n72$ent :e :o*3$n@t 5a#e e#en 7a33e$ t5e +o327e 5a$ ;o* 7oo+erate$ :2t5"""2t4
t5at ,2nor
7: are ;o* 4a;2n9 ;o* 7on$2t2one$ ;o*r 7a332n9 t5e +o327e 6a4e$ *+on a 3a7= of 7oo+erat2on
f ;e4 I a,
f 4*75 a4M
F not 7oo+erat2n9
7: 6*t 7o*3$ ;o* 6e ,ore 4+e72f27a33;f I 5a$ $eta2ne$ ;o* for 45o+32ft2n9 ;o* ,a2nta2ne$ ;or*
2nno7en7e :5275 24 a77e+ta63e 5o:e#er :2t5o*t 2nfor,at2on to +*r4*e o*r 7a4e a9a2n4t ;o* :e 5a#e
to a34o 7a33 +o327e 4o t5at t5e; 7an a4424t *4"
BAro$"d :21;255 Fro"t"o tres to say t(e *o$ld"3t (a)e !alled t(e !o&s f s$s&e!t (ad
!oo&erated+ b$t t(e" (e def"es !oo&erat"g % a *ay t(at e"ables *al'art to &ro!eed *t( t(er
ase aga"st o"e a"d 'e"to"s t(at t(ey *o$ld !all t(e &ol!e to a!!o'&ls( t(at...'ore
!o"trad!tory st$ff. So+ *(!( s t+ Fro"t"o9 ?o$ld yo$ (a)e let t(e s$s&e!t go f (e (ad
&ro)ded t(e 4"for'ato"5 yo$ desred a"d 4!oo&erated5 or dd yo$ "eed to 4"for'ato"5
a"d 4!oo&erato"5 to 4&$rs$e yo$r !ase aga"st t(e a!!$sed59 Tal-"g o$t fo (s ass aga".<
- EE>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01597
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! yo$r test'o"y s t(at t(e a!!$sed 'ade so'e state'e"ts 'a"ta"g (s ""o!e"!e9 %s t(at
!orre!t9
F yes+ t(ats !orre!t9
FC yes t(at3s !orre!t9
C s t(at !o"sste"t *t( yor$ *rtte" state'e"ts
f2 % do"3t -"o* *(ats " 'y... *o$ld (a)e to loo- at 'y *rtte" state'e"t+ % do"3t -"o* f % &$t
t(at " 'y *rtte" state'e"t or "ot.
C a"d yo$r say"g.. so'e+ $(+ ot(er !a"dy te's *ere sele!ted a"d &$r!(ased
f !orre!t
! do yo$ (a)e t(e re!e&t of t(e te's t(at *ere &$r!(ase
fC "o % do "ot.
CC dd yo$ e)er (a)e t
f "o+ t s stll " t(e *al'art3s database.
C *ere yo$ able to )erfy *(et(er or "ot t(ose ot(er te's *ere &$r!(ased9 T(ose ot(er !a"dy
te's or *(et(er " fa!t t(e re!e&t (as ot(er !a"dy te's
f *e *at!(ed yo$ rg" $& all of yo$r te's+ at "o t'e dd yo$ &rese"t...
! *(o s *e9
F Sta"ley C$"""g(a' a"d %+ be!a$se Sta"ley..by t(e t'e yo$ *ere at t(e regster+ Sta"ley *as
"o* *t( 'e to 'a-e o$r a&&re(e"so" be!a$se as &ol!y *e (a)e t*o &eo&le 4o a4 5e 7a,e 6a7=
fro, 3*n75 ;o* :ere at t5e re924ter a"d (e *as *t( 'e. So &er(a&s t better f % say % *t"essed
yo$r tra"sa!to"
! t(e tr$t( s best+ so rat(er t(a" say"g 4yo$ a"d Sta"ley5 t(e !(a""g t to 4%5+ 7$st say t(e
tr$t(.
0 Mr. Co$g(l" % (a)e re&eatedly ad)sed yo$ aga"st arg$"g *t( t(e *t"ess. Ma-g" t(e
fa!al e8&resso"s *(!( yo$ 7$st dd+ *(!( yo$ &re)o$sly !(astDed Mr. Fro"t"o for. % a'
go"g to o"!e aga" ad'o"s( yo$ a"d *ar" yo$ aga"st s$!( f$rt(er a!to"s. % (a)e do"e so
re&eatedly. Go for*ard.
C 6es+ sr
0C *t( !$ato"
! Mr. Fro"t"o t see's to 'e t(at yo$ (a)e 7$st testfed t(at yo$ a"d Mr. C$"""g(a'
*t"essed t(e a!!$sed r"g $& t(e te's a"d t(e" yo$ !(a"ged yo$r test'o"y to "d!ate t(at
Mr. C$"""g(a' *as a!td$ally "ot t(ere to *t"ess t(at.
RC ob7e!to" t(ats "ot *(at (e testfed to 6o$ 0o"or
f2 t(ats "ot *(at % a' say"g %3' say"g % !a""ot s&ea- to *(at (e sa* e)e" t(o$g( (e *as
sta"d"g "e8t to 'e *at!("g yo$
! dd yo$ dd yo$ 7$st say
fC b$t (e s "ot (ere to say t(at so % *ll say t(at % *t"essed yo$
! *ell dd yo$ 7$st testfy t(at (e *as"3t ba!- fro' brea- yet9 Fro' l$"!(9
f "o t(at s "ot *(at % testfed. % testfed t(at (e *as ba!- fro' brea- at t(e t'e yo$ *ere at
t(e regster.
C so *(e" yo$ sad &er(a&s t better f % 7$st say 4% *t"essed5+ *(y dd yo$ 'a-e t(at
state'e"t9
F be!a$se % *as ass$'"g t(at yo$ *ere go"g to aga" .$esto" 'e abo$t t(e $s"g 4*e5
be!a$se % !a"3t s&ea- for 4*e5
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01598
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! o-ay a" dyo$ dd"3t 'a-e a"y state'e"t to t(e effe!dt t(at yo$ s(o$ld o"ly say 4%5 be!a$se
Mr. C$"""g(a' (ad "ot a!t$ally ret$r"ed fro' l$"!( yet9
F "o % dd "ot 'a-e t(at state'e"t.
C a"d f *e re)e*ed t(e ta&e t(at *o"3t be s(o*"9 T(e ta&e of t(s (ear"g9
r ob7e!to"+ % do"3t $"dersta"d t(e .$esto"able
( % do"3t $"dersta"d et(er. S$sta"ed. As- a"ot(er .$esto".
C so *(ere dd yo$ see t(e !o$g( dro&s9 6o$ say yo$ sa* t(e' sele!ted " t(e &(ar'a!y sle9
F !orre!t
! t(e" at *(at &o"t dd yo$ see t(e'...*(ere yo$ &erso"ally *t"essed t(e' be"g o&e"ed9
F yo$ o&e"ed o"e te' " t(e !a"dy sle a"d ds!arded t(e &a!-age a"d yo$ o&e"ed t(e se!o"d
&a!-age " t(e soda sle a"d ds!arded t(e &a!-age.
C so *as t a !ase of o&e""g t(e &a!-age a"d ds!ard"g t rg(t a*ay9
F o" bot( !ases yo$ dd "ot o&e" t(e' bot( at t(e sa'e t'e. 6o$ o&e"ed o"e " t(e bas-et
ds!arded t(e &a!-age+ yo$ &rete"ded to blo* yo$r "ose *t( t(e &a&er to*el t(at *as abo)e
t(e garbage !a"+ &$lled do*" t(e &a&er to*el+ yo$ t(e" &$t t(e &a!-age "sde t(e &a&er to*el
a"d t(e" &la!ed bot( te's toget(er t(e &a&er to*el !o"!eal"g t(e !o$g( dro& &a!-age "to t(e
garbage !a".
C a"d yo$ &erso"ally *t"essed t(s9
F % &erso"ally *t"essed t(s
! "ot o" )deo...b$t *t( yo$r o*" eyes9
F *t( 'y o*" eyes.
C (o* !lose *ere yo$9
F at t(at &o"t % *as sta"d"g o" t(e e"d!a& a"d yo$ *ere sta"d"g 7$st "sde t(e sle
! "d t(s *o$ld be t(e !a"dy sle9
F2 so (o* 'a"y feet a*ay *o$ld yo$ say yo$ *ere
f A fe* feet 'aybe...
! % do"3t -"o* *(at a fe* feet 'ea"s+ does t(at 'ea" less t(a" te" *o$ld yo$ say9
F def"tely less t(a" te" t *as &robably so'e*(ere aro$"d E.
! yo$ *ere t(ree feet a*ay+ yo$ *ere at t(e e"d!a& a"d t(e a!!$sed *as *(ere9
f % *as at t(e e"d!a& a"d *ere 7$st "sde t(e sle at t(e garbage !a". ?o$ld yo$ l-e...$(.
C a"d yo$ *ere"3t obs!$red " a"y *ay9
F "o % *as "ot
! yo$ *ere " &la" sg(t
f $(+ % *as (d"g+ % *as "ot sta"d"g "e8t to t(e garbage !a".
C o-ay+ so yo$ sad yo$ *ere "ot obs!$red a"d t(e" yo$ sad yo$ *ere (d"g
f 'y l"e of sg(t *as "ot obs!$red+ 'y body *as obs!$red fro' yo$r )so"
! o-ay+ a"d (o* s t(at &ossble *as t(ere so'e (ole " t(e sle yo$ &eered t(ro$g(
f t(eres+ t(eres t(e e"d!a&s t(at (a)e s(el)es so *(at *e *ll do s *e *ll et(er !ro$!( do*"
or *e *ll sta"d stall a"d loo- *(ere)er *e "eed to loo- t(ro$g( t(e ga& a"d *e get !lose
e"o$g( to t a"d t(e &ro&s " t(e s(el)es do"3t obs!$re o$r )so" at all a"d alls t(e &eo&le t(at
*ere really loo-"g for $s t(ey *o$ld see s o$r eyes+ b$t t(at3s f t(ey *ere really loo-"g for
$s.
C so t(ere3s "o &rod$!ts o" t(e s(el)es t(at *o$ld '&ede yo$r )e* of t(at9
F t(ere are &rod$!ts o" t(e s(el)es a"d t(ere are t'es *(e" t(ere are &rod$!ts t(at !o$ld
obs!$re o$r )so"+ (o*e)er+ *e do"3t !(oose t(ose sles...*e do"3t !(oose t(ose e"d!a&s to loo-
t(ro$g( as t obs!$res o$r )so"
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01599
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! *ell are t(ere st$ato"s *(ere yo$ do"3t (a)e a !(o!e *t( res&e!t to *(!( e"d!a& yo$ loo-
t(ro$g(
f No.
! so+ (o* s t(at &ossble+ are yo$ able to arra"ge *(ere &eo&le ta-e t("gs
f ?e s'&ly do "ot !at!( e)eryo"e.
C2 a"d yo$ say t(ere *as "o atte'&t 'ade to &ay for t(e !(o!olate bar or t(e !o$g( dro&s9
F2 !orre!t9
C2 A"d (o* *ere yo$ able to as!erta" t(at9
F 6o$ dd "ot atte'&t to &ay for t(e'+ yo$ !o"!ealed t(e te's...t(e &a!-ag"g t(at (ad t(e
U/C3s " garbage !a"s+ yo$ also !o"!ealed t(e &a!-ag"g to t(e *ra&&er $"der"eat( !art
sa"tDer *&es " t(e !or"er of yo$r !art.
C dd yo$ (ear a"y ds!$sso"s bet*ee" t(e !as(er a"d t(e a!!$sed9
F No+ % dd "ot.
C =d a"ybody t(at yo$ -"o* of at ?al'art
R 6o$r 0o"or+ !alls for s&e!$lato"
0 t(at yo$ -"o* of
f T(at % -"o* of9 No.
C =d yo$ 'a-e a"y efforts to as!erta" *(et(er t(e a!!$sed a"d t(e !as(er (ad a"y
ds!$sso"s *t( res&e!t to t(e te's
f No
! %s t(ere e)er a st$ato" *(ere a" "d)d$al at ?al'art sele!ts a"d te' a"d ts da'age or
so'et("g s *ro"g *t( t a"d t(ey do"3t &$r!(ase t9
F 6ea(+ b$t t(ey do"3t eat t also.
C %s t(ere e)er a st$ato" *(ere so'eo"e ta-es a bte of so'et("g a"d f"ds t tastes bad or
'aybe a" Od*alla dr"- (as a rotte" taste to t
0 *(at s t(e rele)a"!e of t(e .$esto"9
C ?ell+ Mr. Fro"t"o s assert"g t(at t(s te's *ere o&e"ed.
0 %t *as a &a!-age...dd yo$ "d!ate a" 4ol)e59
C2 No+ % *as referr"g to *(at (e3s...
0 *(at te' *ere yo$ referr"g to " yo$r .$esto" s&e!f!ally+ *(at *as t9
C All. all t(ree te's... t(e !o$g( dro&s a"d t(e !a"dy bar *(!(...or *(at Mr. Fro"t"o !alls
t(e 4!a"dy bar5 *(!(+ % bele)e t(e U/C a!t$ally re)eals s a refrgerated te'.
0 ?(at s t(e rele)a"!e to yo$r ".$ry
C *ell " order to establs( all t(e ele'e"ts of t(e !(arge+ o"e s 4"te"t5.
0 %"te"t9
C 6es+ a"d f t(ere s "ot a" "te"t...
0 0o* do t(ose ot(er st$ato"s relate to *(et(er yo$ "te"ded to !o"!eal+ !o"s$'e t(e te's "
.$esto" (ere9
C % a' as-"g Mr. Fro"t"o *(at (e does to as!erta" *(et(er or "ot t(ere *as+ " fa!t+ t(e
re.$ste "te"t or *(et(er or "ot so'eo"e *(o s a!!$sed of t(ese !r'es 'g(t (a)e sa'&led
so'et("g a"d fo$"d t to be $"saleable9
B:22;2:2 &.'.<
0 %t (as "o rele)a"!e to t(ese &ro!eed"gs+ t (as "o rele)a"!e.
C O-ay+ a"d %3ll 7$st &reser)e 'y ob7e!to" to t(at for t(e re!ord+ % do bele)e t goes to...
0 6o$ -ee& tal-"g o)er 'y r$l"gs+ a"d % (a)e *ar"ed yo$ abo$t t(at (a)e"3t %. % (a)e
"d!ated t(at yo$ (a)e a" o&&ort$"ty a"d yo$3)e e8&ressed yo$r $"dersta"d"g of yo$r rg(t
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01600
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to a&&eal. T(e "e8t t'e t(at yo$ tal- o)er o"e of 'y de!so"s or r$l"gs+ % a' go"g to (old
yo$ " !o"te'&t aga"+ yo$ (a)e far *ar""g.
C % a' sorry+ 6o$r 0o"or+ % *as al*ays $"der t(e $"dersta"d"g t(at f % dd "ot s&e!f!ally
state 'y ob7e!to" for t(e re!ord+ % *o$ld be &re!l$ded fro' later o" arg$"g t(at o" a&&eal+ %
do"3t 'ea" to dsres&e!t yo$+ Sr.
0 As- a"ot(er .$esto". % (a)e 'ade 'yself !lear+ yo$ $"dersta"d t. As- a"ot(er .$esto".
C %" yo$r *rtte" state'e"t yo$ stated t(at t(e a!!$sed *as "taly !o'&la"t b$t t(e" be!a'e
"o"F!o'&la"t+ " *(at *ay dd t(e a!!$sed be!o'e "o" !o'&la"t9
F 6o$ *o$ld "ot &ro)de $s *t( a"y "for'ato" " regards to yo$rself so t(at *e *o$ld "ot be
able to e"ter yo$ "to o$r database+ as % (a)e &re)o$sly stated.
C O-ay+ b$t t(e" earler yo$ testfed t(at t(e a!!$sed offered yo$ (s "a'e+ (o* s t(at
!o"sste"t.
F As % (a)e &re)o$sly stated+ *(et(er yo$ (a)e g)e" $s yo$r "a'e or "ot t(at s "ot e"o$g(
"for'ato" for $s to !o'&lete o$r ")estgato" a"d to e"ter yo$ "to o$r syste'+ as % (a)e
stated before.
C ?ell+ o-ay+ t(at3s f"e...b$t 'y .$esto" dd"3t relate to t(at. My .$esto" related to (o* yo$
!a" sta"d (ere $"der oat( a"d say o"e t("g t(at "!o"sste"t *t( so'et("g else yo$3)e sad.
To *t2 yo$ sad earler t(at t(e a!!$sed offered (s "a'e to yo$ &ror to t(e &ol!e arr)"g+
t(e" 7$st "o*+ yo$ des!rbed t(e a!!$sed as "o"F!o'&la"t+ " &art+ be!a$se (e failed to offer (s
"a'e to yo$. My .$esto" s2 (o* s t(at "o" "!o"sste"t a"d "d!at)e of a la!- of )era!ty
atte"da"t to yo$r test'o"y today+ Mr. Fro"t"o9
R Ob7e!to"+ 6o$r 0o"or+ t(at goes to arg$'e"t.
0 % a' go"g to allo* t(e .$esto" $& to t(e &o"t t(at t goes to )era!ty+ *(!( s a
deter'"ato" t(at % 'a-e+ "ot yo$+ go a(ead.
F as % bele)e % (a)e stated earler+ % do bele)e yo$ ga)e $s yo$r "a'e+ b$t % *o$ld "ot s*ear
'y lfe o" t(e fa!t t(at yo$ ga)e $s yo$r "a'e+ (o*e)er+ e)e" f yo$ (ad g)e" $s yo$r "a'e+
yo$ dd "ot g)e $s e"o$g( "for'ato" for $s to !o'&lete o$r ")estgato"+ so t(erefore+ *e
(ad to "otfy Trbal /ol!e.
C O-ay so *(e" yo$ say yo$r are f"d"g so'e "o"F!o'&la"!e o" t(e &art of t(e a!!$sed a"d
t(e atte"da"t !o"se.$e"!e to t(at+ e+ yo$r !all"g " t(e &ol!e...*(at yo$ assert *as t(e "o"F
!o'&la"!e " yo$r earler test'o"y+ *as t(at t(ere *as a fal$re to g)e a "a'e....b$t t(at
'g(t "ot be t+ a&&are"tly+ a!!ord"g to yo$r test'o"y. So+ *as t(ere a"y ot(er "o"F
!o'&la"t be(a)or9
F 6o$ *o$ld"3t g)e $s yo$r "for'ato"+ t(at *as t.
C %"for'ato" 'ea""g9
F Na'e+ address+ de"tf!ato"+ all te's t(at yo$ (ad o" yo$r &erso"+ b$t *ere $"*ll"g to
s(are *t( $s.
C So yo$ are say"g t(at a fal$re to &ro)de t(ose 'aterals at ?al'art *ll res$lt " !all"g
t(e &ol!e9
F A"ybody t(at fals to &rod$!e a )ald for' of de"tf!ato" *ll res$lt " $s !all"g t(e &ol!e.
C A"d...!all"g t(e &ol!e say"g *(at...t(e &erso" ref$sed to g)e t(er de"tf!ato"9
F No+ *e !all t(e &ol!e be!a$se at t(at &o"t+ ?al'art &$rs$es t(er rg(t to &$rs$e !r'"al
!(arges+ a"d yo$ are "ot o" tral for "ot g)"g a "a'e+ yo$ are o" tral for &etty lar!e"y+ so at
t(at &o"t ?al'art...
0 0e3s a"s*ered t(e .$esto"+ t(a"- yo$.
B:2252:E &.'.<
- E%>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01601
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C So s ref$s"g to allo* ?al'art to sear!( t(e !o"te"ts of o"e3s bag or t(e &last! bag t(at
t(er &$r!(ases are "+ s t(at also a bass for !allg" t(e &ol!e9
F ?e "e)er sear!( "d)d$als+ &er &ol!y ?al'art does "ot sear!( "d)d$als
0 0s .$esto" s+ s t(at a bass for !o"ta!t"g t(e &ol!e9
C So t(e *ell -"o*" &ra!t!e of (a)"g so'eo"e sta"d by t(e door a"d say lets 'e !(e!- yo$r
re!e&t aga"st t(e !o"te"ts of yo$r bag...does t(at o!!$r at ?al'art9
F U(+ yes t does.
C O-ay so f so'eo"e ref$ses to allo* ?al'art to sear!( t(e !o"te"ts of t(er &lat! bag a"d
t(er re!e&t...f so'eo"e ref$ses to !o"se"t to t(at sear!(+ *(at s yo$r &ol!y9
F To let t(e' lea)e.
C So+ so'eo"e !a" ref$se to !o"se"t to t(at sear!( a"d yo$ let t(e' lea)e9
F Corre!t.
C 0a)e yo$ e)er deta"ed so'eo"e for ref$s"g to !o"se"t to s$!( a sear!(9
F %f % *ere *or-"g a"d t(e door a"d faled to obser)ed sele!to"+ !o"!eal'e"t+ a"d
!o"s$'&to" of t(ose te's+ *e "e)er 'a-e sto&s based o" t(ose+ so+ f so'ebody3s at t(e door+
ts 'ore of a" "s$ra"!e &ol!y to !(e!- re!e&ts..."obody s e)er deta"ed+ $'...
! T(ere *as"3t a la*s$t aga"st ?al'art re!e"tly
f % !o$ld"3t s&ea- to
0 ?(at s t(e rele)a"!e9 ?(at s t(e rele)a"!e to t(s l"e of ".$ry. ?e are s&ea-"g abo$t+
as % $"dersta"d t+ loss &re)e"to" off!er a"d (s obser)ato"s a"d a greeter a"d *(at t(e
greeter !a" do. =o yo$ see t(ose as e8a!tly t(e sa'e t("g9
C % see t(e' as a" o)erall &ol!y o" ?al'art3s &art to !o"dto" *(et(er or "ot t(ey are go"g
to ta-e retalatory a!to" based $&o" *(et(er a !$sto'er s !o"se"t"g to '&er'ssble
sear!(es a"d seD$res.
0 Alrg(t. % do"3t see t(e' as t(e sa'e or e)e" s'lar. %ts "ot rele)a"t.
C 6es+ Sr+ %3ll 'o)e o".
0 %t3s "ot rele)a"t+ as- a"ot(er .$esto".
C 6o$ say t(at yo$ o)er(ead so'e ds!$sso"s bet*ee" t(e %"da" Colo"y Off!ers a"d t(e
a!!$sed *t( regard to t(e a!!$sed fal$re to !o"se"t to a sear!(....(a)"g a !o"se.$e"!e of t(e
a!!$sed be"g arrested for "ot !o"se"t....
fC No+ Sr+ yo$ *ere "ot &la!ed $"der arrest $"tl yo$ as-ed for a la*yer.
C O=a; 4o ;o* are 4a;2n9 t5e a77*4e$ a4=2n9 for a 3a:;er :a4 *5 ,ent2one$ 6; t5e Off27er4 a4
5a#2n9 a 7on4e8*en7e"""
r O6De7t2on 7a334 for 5ear4a;
7 I@,"""*5"""eC72te$ *tteran7e
r Yo*r Honor t5at@4 not an eC72te$ *tteran7e"
H S*4ta2ne$"
C Mr" Front2no 5a4 te4t2f2e$ a4 to :5at t5e; Off27er4 5a#e 4a2$ at 3en9t5 +re#2o*43;"
H :e33"""*5"""D*4t 6e7a*4e t5e +ro4e7*tor 5a4 75o4en not to o6De7t$ at 7erta2n t2,e4 an$ 5a4 no:
o6De7te$ to :5at t5e Off27er4 5a#e 4a2$ 6a4e$ *+on 5ear4a; ;o* 4t233 5a#e to 9et o#er t5at 5*r$3e a"d
s(e 'ay (a)e e)e" "d!ated rele)a"!e+ o"!e aga"+ b$t " a"y e)e"t+ % a' s$sta""g (er
ob7e!to".
C Can I D*4t enter re4+e7tf*33; Yo*r Honor a +attern an$ +ra7t27e ar9*,ent 5a62t 5ear4a;
o6De7t2onM
H Mo#e onW
- -.>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01602
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C So D*4t to 6e 73ear Yo*r Honor I 7an a4= Mr" Front2no a6o*t :5at 5e 5ear$ t5e Off27er 4a; 2n
re9ar$ to :5et5er or not t5e; :ere 7on$2t2on2n9 arre4t *+on fa23*re to 7on4ent to""
r O6De7t2on 7a334 for 5ear4a;
H If ;o* 7an 2f ;o* 7an"""+ro#2$e ,e :2t5 a 5ear4a; eC7e+t2on n*,6er one an$ n*,6er t:o +ro#2$e
,e :2t5 a re3e#an7e a4 to :5; t5at@4 re3e#ant ;e4 a64o3*te3; 4o 9o for:ar$"
C I fee3 2t 24 re3e#ant Yo*r Honor 6e7a*4e t5e re4*3t4 of t5e 4ear75 t5e fr*2t of t5e +o24ono*4 tree
fa7tor 2n 5ea#23; 2n t5e Reno C2t; Attorne;@4 7a4e :2t5o*t t5at"""t5e2r 7a4e re4t4 on"""I $on@t =no:
:5at"" an$ :5et5er or not t5e4e 7o*95 $ro+4""
H So 6efore ;o* 9o on ;o*r ar9*,ent 24 t5e fr*2t"""I ta=e 2t""":5at are t5e fr*2t4 5ereM
C 1e33 2n t5e2r arre4t re+ort t5e; ,ent2on t5at t5e 4ear75 2n72$ent to arre4t ;2e3$e$ 4o,e 7o*95 $ro+4
not 7o*95 $ro+4 2n a 7onta2ner or 4o,e +a7=a92n9 6*t D*4t 4o,e 7o*95 $ro+4""an$"""
H So 2f ;o* :ere 4*77e4f*3 an$ ;o* Got t5at t5ro:n o*t on :5at 6a424 :o*3$ t5e 7a4e fa33M
C 1e33 2t4""""
H A4 fr*2t of t5e +o24ono*4 treeM
C 1e33 I 6e32e#e t5e a7t*4 re*4 :o*3$ 6e 3a7=2n9"""t5e +ro+ert; 2t4e3f"""t5e +5;427a3 e#2$en7e :o*3$
not 6e t5ere to t5e eCtent 2t4 a33e9e$ to 6e +5;427a3 e#2$en7e t5at :o*3$ not 6e a#a23a63e
H A3r295t I *n$er4tan$"""no: 92#e ,e t5e re4+on4e to t5e 5ear4a; o6De7t2on4
7: I 6e32e#e one 24 t5at 2t4 a 4tate,ent a9a2n4t 2ntere4t to t5e eCtent t5at t524 1a3,art 24 rente$ o*t 6;
t5o4e Off27er@4 e,+3o;er4 to 1a3,art t5e +ro+ert; Mr" Front2no te4t2f2e$ ear32er t5at t5ere 24 a 73o4e
:or=2n9 re3at2on452+ :2t5 t5e4e In$2an Co3on; Po327e 4o ,*75 4o t5at t5e; are a63e to 42t an$ 5a#e
Do#2a3 7on#er4at2on an$ 3a*95ter for a++roC2,ate3; &E ,2n*te4 +r2or to tr2a3" T5e; a33 ,a; +otent2a33;
fa7e a 92ant 32a6232t; for a 0%/( 7a*4e of a7t2on for a :ron9f*3 arre4t a4 4*75 t5ere 24 a +o4426232t; t5at
t5e; are a7t2n9 2n 7on7ert an$ t5at an; 4tate,ent4 ,a$e 6; In$2an Co3on; Po327e are ne7e44ar232;
2,+*te$ to 1a3,art an$ t5erefore are a 4tate,ent a9a2n4t 2ntere4t"
HK O=a; a3r295t an; re4+on4e fro, t5e C2t;M
R F2r4t of a33 Yo*r Honor Mr" Front2no te4t2f2e$ t5at 5e :2tne44e$ t5e $efen$ant I 6e32e#e 7on4*,e
4o,e of t5e 7o*95 $ro+4 an$ re9ar$3e44 of :5et5er t5ere :ere an; 7o*95 $ro+4 fo*n$ 2n 524 +o7=et
t(at t(at obser)ato" 24 not ne9ate$""":e ,a; not 6e a63e to a47erta2n t5e #a3*e of t5e 7o*95 $ro+4
6e7a*4e :e :o*3$n@t 5a#e t5e +a7=a9e""" 2n a$$2t2on e#en 2f t5e 7o*95 $ro+4 an$ t5e e#2$en7e re3ate$
to t5e 7o*95 $ro+4 :a4 eC73*$e$ t5at :o*3$ not a++3; to t5e 7an$; 6ar or t5e 75o7o3ate 2te, t5at Mr"
Front2no referre$ to" Re9ar$2n9 t5e 5ear4a; eC7e+t2on I $on@t 6e32e#e t5e fa7t t5at 5e ,a; 6e e#en
6e4t fr2en$4 :2t5 one of t5e Off27er4 ,a=e4 or ,eet4 t5e 5ear4a; o6De7t2on 2t $oe4n@t ,eet an; of
eC7e+t2on4 *n$er t5e 5ear4a; r*3e t5ere 24 no 4*75 t52n9 a4 fear of 32a6232t; an$ t5e Off27er 24 not a
32t29ant 2n t524 ,atter ,a;6e a f*t*re 32t29ant at 4o,e +o2tn :2t5 Mr" Co*9532n 2t 7erta2n3; 24 not t5e
7a4e to$a;"
C: Yo*r Honor
H No not52n9 f*rt5er" I 5a#en@t fo*n$ an; 5ear4a; o6De7t2on nor $o I f2n$ t524 +art27*3ar3; re3e#ant
2t4 4*4ta2ne$ a4= anot5er 8*e4t2on"
C2 Alrg(t+ 6o$r 0o"or+ a"d % *ll 7$st &reser)e t(e ob7e!to" for t(e re!ord t(at ts "ot be"g
offered to &ro)e t(e tr$t( of t(e 'atter asserted+ t(at t does (ae "d!a of relablty g)e" t(e
!o"te'&ora"eo$s "at$re of t(e state'e"t+ &art!$larly *t( regard to t be"g a &erfor'at)e
$ttera"!e.
BO(+ 'a"+ dd t(at (alf !o$rt s(ot at t(e b$DDer &ss 1$dge 0o*ard off+ to t(e &o"t *(ere (e
(as to bas( so'eo"e 7$st for (a)"g t(e "d$stry to le)erage te!("ology<
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01603
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H: A4= anot5er 8*e4t2onW I 9a#e ;o* e#er; o++ort*n2t; to 92#e ,e ;o*r ar9*,ent" 15at ;o* 5a#e
$one no: 2t 4a; F:e33 ;o* =no: :5atM I 5a#e 9one to ,; 32tt3e 3a+to+ an$ I@#e 9ot 4o,e a$$2t2ona3
2nfor,at2on t5at I :ant to +re4ent"""G an$ I 5a#e re+eate$3; 2n$27ate$ to ;o*: one 45ot I ,a=e t5e
r*32n9 :e ,o#e on""""an$ ONCE AGAIN ;o*@#e 9one 6e52n$ ,; r*32n9 an$ a$$e$ a$$2t2ona3
2nfor,at2on" A4= t5e 8*e4t2on S2rW
C: O-ay+ a"d also 7$st to t(e e8te"t t(at !o''a"ds are "ot (earsay. Mr" Front2no $2$ ;o* ,a=e
an; 4tate,ent4 to t5e a77*4e$ t5at ;o* :o*3$ 6ar9a2n :2t5 t5e a77*4e$ an$ t5at 2f 5e 9a#e ;o* 6a7=
t524 or t5at 2te, ;o* :o*3$ 3et 52, 9o"""
f No I $2$ not"
C Do ;o* e#er ,a=e 4*75 4tate,ent4M
F I 6e32e#e ;o* are referr2n9 to t5e fa7t t5at after I 5a$ a3rea$; 5a$ t5e +o327e t5ere I 5a$ 4a2$ t5at 5a$
;o* 7oo+erate$ t5en t5e; :o*3$ not 5a#e 6een 2n#o3#e$" Per +o327; :e 7o*3$ 5a#e a33o:e$ ;o*
3ea#e t5e fa7232t; *+on +*tt2n9 ;o*r 2nfor,at2on 2nto o*r 4;4te,"
B:2EG22G &.'. Note2 Fro"t"o $ses t(e *ord !(o!e 4allo*ed yo$ to lea)e5+ *(!( !learly
"d!ates t(e a!!$sed "ot be"g t(ere e"trely )ol$"tarly<
C Ho: 24 t5at $2fferentM
F Ho: 24 :5at $2fferentM
C It 4ee,4 a4 t5o*95 ,; 8*e4t2on :a4: D2$ ;o* ,a=e an; 4tate,ent4 t5at F2f ;o* 7oo+erate an$ ;o*
92#e4 *4 t524 6a7= :e :233 3et ;o* 9o"""G an$ ;o* 4a2$ no an$ t5en ;o* 4a2$ F6a427a33; no I to3$ ;o*
2f ;o* :o*3$ 5a#e 7oo+erate$ :e :o*3$ 5a#e 3et ;o* 9oG an$ 2t 4ee,4 a4 t5o*95 ;o* are 4a;2n9 t5o4e
are $2fferent t52n9"""
f 5a$ ;o* not re,o#e$ 4t*ff fro, o*r fa7232t; :e :o*3$n@t 5a#e $eta2ne$ ;o*M It4 a F2f ;o* 5a$n@t
$one t524 :e :o*3$n@t 5a#e"""G
H: 4to+ 4to+ 4to+""" Go a5ea$"
C M; 8*e4t2on to ;o* S2r 24: 7an ;o* eC+3a2n to ,e 5o: t5ere@4 f*n$,ent3 $2fferen7e 6et:een ;o*r
a44ert2on t5at ;o* did not say "If ;o* 7oo+erate an$ 92#e t5e 4t*ff 6a7=G t5en ;o*@$ 3et t5e a77*4e$
9o an$ ;o*r 4*64e8*ent a44ert2on t5at Ft5e; a77*4e$ :a4 on3; arre4te$ 6e7a*4e 5e $2$n@t 7oo+erate
an$ 92#e t5e 4t*ff 6a7=GM
R Yo*r Honor t5at@4 not :5at 5e 4a2$"
H I@33 3et 52, re4+on$" O#err*3e$" Go a5ea$"
F So :5at I"""*5""I 6e32e#e ;o*r 8*e4t2on :a4 a4=2n9 ,e 2f I tr2e$ to 6ar9a2n :2t5 ;o*"""an$ I ne#er
tr2e$ to 6ar9a2n :2t5 ;o*"""t5e $2fferen7e to ,e :a4 t5at I :a4 4tat2n9 t5e fa7t t5at 5a$ ;o* $one
t524"""5a$ ;o* 42,+3; 92#en *4 2$ent2f27at2on +er 1a3,art +o327; *n$er t5e"""*n$er :5at :e 5a$ 2n
front of *4""":e 7o*3$ 5a#e a33o:e$ ;o* to 3ea#e o*r fa7232t; 6; D*4t +*tt2n9 ;o* 2nto o*r 4;4te,"""
C An$ $2$ ;o* a34o ,a=e t5e 4tate,ent t5at F5a$ ;o* 42,+3; 92#en t5e 2te,4 6a7=G
f I $on@t 6e32e#e I ,a$e t5e 4tate,ent t5at F5a$ ;o* 42,+3; 92#en t5e 2te,4 6a7=G"""no"""I 6e32e#e I :a4
+rett; eC+3272t 6; 4tat2n9 t5at 5a$ ;o* 7oo+erate$""":e :o*3$n@t 5a#e 92#en a rat""""
7 B; F7oo+erate$G $2$ ;o* ,ean 6ot5: 92#e ;o*r 2$ent2f27at2on AND 92#en t5e 2te,4 6a7=M
F U,"""I"""+r2,ar23; D*4t :ante$ ;o*r 2nfor,at2on"""
f: I a, not a4=2n9 ;o* :5at ;o* :ante$ S2r I a, a4=2n9 ;o* :5at ;o* 4a2$"
F U'.... 4!oo&erato"5 'ea"s 4!oo&erato" " *(ole5...$'...(ad yo$ "ot g)e" t(e te's
ba!-...t *o$ld"3t (a)e !(a"ged....
B:2E@252 &.' <
7 O=a; t5at 4ee,4 2n7on9r*o*4""" F7oo+erat2onG"""
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01604
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r ?ell+ ob7e!to"+ 6o$r 0o"or+ (o*3s (e go"g to g)e t(e te's ba!- t(at (e3s already eate"9
So+ % 'ea"+ % t("- ts a rd!$lo$s l"e of .$esto""g a"y*ay
0 %t3s "ot rele)a"t+ b$t (e !o"t"$es o" t(s &at(+ as- a"ot(er .$esto"A
B:2EH2;E &.'. O0+ %TS /RETT6 RELEIANT+ T0OUG0....O"e+ t(e bg 4s'o-"g g$"5+
allegedly+ " t(e &ol!e re&ort s t(at t(e fr$t of t(e &oso"o$s tree+ t(e o"e fol s(eet of G =$ra!t
Co$g( 'elts+ e8a!ty o"e (alf of a &a!-age l-e t(ose sold at ?alFMart+ *as !$lled fro' t(e
Fo$rt( A'e"d'e"t )olat"g sear!( of Co$g(l"3s &o!-ets...a sear!( *(!( FFro"t"o ad'ts
o"ly too- &la!e ''edately after Co$g(l" "d!ated (e *a"ted a" attor"ey. So+ !rafty )et
/a' Robert3s "o"Fse.$t$r abo$t (o* 4*(at3s t(e &o"t f (e already at t(e st$ff a"y*ays5+
asde+ !learly+ Fro"t"o *a"ted so'e =$ra!t Co$g( Melts ba!-. A"d 1$dge 0o*ard *as o"ly
to eager to !('e " *t( (s assess'e"t t(at Roberts &o"t *as s$!( a good o"e+ des&te t(e fa!t
t(at &retty '$!( t(e &rose!$to"s *(ole !ase !a'e do*" to o"e s(eet of G =$ra!t Co$g( Melts
be"g fo$"d " Co$g(l"3s s(ort3s &o!-ets. F$rt(er+ t(e sear!( e8te"ded to all sorts of !argo
&o!-ets+ arg$ably *ell beyo"d t(e s!o&e allo*able for s$!( a sear!( "!de"t to arrest. T(ere
(as to be a l"e so'e*(ere. A body !a)ty sear!( *o$ld (a)e bee" '&er'ssble+ rg(t9 T(e"3s
t(ere3s Fro"t"o3s *(ole... 4% *as primarily *a"t"g to get t(e de"tf!ato"...t& toe"g aro$"d
*(et(er (e barga"ed *t( t(e old 4g)e $s t(e st$ff ba!-+ a"d t3s all good5 a"d es&e!ally
*a"t"g to stay a*ay fro' t(e *(ole+ let $s !oer!e a !o"fesso" o$t of yo$+ $"der t(e g$se t(at
*e *ll let yo$ go+ o"ly to re"eg o" t(e deal o"!e yo$ "!r'"ate yo$rself....T(e" Fro"t"o tr&s
$& by ad'tt"g (e )e*s 4!oo&erato"5 to 'ea" 4!oo&erato" " *(ole5+ e+ g)"g t(e
de"tf!ato" a"d g)"g t(e st$ff ba!-+ or at least+ g)"g a !o"fesso". Clearly+ *t( Fro"t"o+
a"yt("g less t(a" !o"fess"g+ !o"se"t"g to a sear!(+ a"d g)"g so'et("g ba!- s ta"ta'o$"t
to be"g "o"F!o'&la"t+ a"d fal"g to !oo&erate...at *(!( &o"t (e !alls (s b$ddes o" t(e
Trbal /ol!e For!e ot !o'e " a"d do t(e '&er'ssble sear!("g<
! So do -"o* *(et(er or "ot t(e te's t(at *ere o" t(e re!e&t t(e a!!$sed got $&o" &ay"g for
te's *(at *as o" t(at re!e&t9
F % bele)e % already told yo$ 4"o5.
B:2EH2EH &.'.<
C % bele)e yo$ dd+ Sr. So 'y .$esto" s+ so yo$ do"3t -"o* *(et(er or "ot t(ree+ fo$r+ or f)e
bo8es of !o$g( dro&s *ere o" t.
F U'...t(ere *as "o !o$g( dro&s r$"g $& be!a$se % *as " &la" sg(t.
C T(ere *as "o !o$g( dro&s r$"g $& o" t(e re!e&t9 % a' "ot tal-"g abo$t t(e re!e&t of t(e
allegedly stole" te's...% a' tal-"g abo$t t(e re!e&t for so'e*(at for J7; or J@; aro$"d t(ere+
for t(e te's t(e a!!$sed &ad for.
F % !o$ld"3t s&ea- for e)ery...
0 Sto&A 6o$ (a)e already a"s*ered t(e .$esto"+ % -"o* t. As-ed a"d a"s*ered+ as- a"ot(er
.$esto".
C O-ay+ (e 7$st sad t(ere *as "o !o$g( dro&s o" t(e re!e&t+ t(at3s !orre!t9
f2 Co$g( dro&...
0 Sto&A % (a)e r$ledA As- a"ot(er .$esto".
C O=a;"""Do ;o* =no: :5et5er t5e a77*4e$ ,a$e an; 4tate,ent4 to t5e 7a452er :5275 re4*3te$ 2n t5e
7o*95 $ro+4 6e2n9 +*t on t5e re7e2+tM
F S5e :o*3$ 5a#e 5a$ to 5an$ =e; t5e, 2n 4o t;+e 2n t5e re7e2+t 4o"""2n ter,4 of #er6a3
7o,,*n72at2on I :o*3$ not 5a#e 6een a63e to 5ear 6*t 45e :o*3$ 5a#e 5a$ to 5an$ =e; 2n t5e
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01605
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2te,4"""*,"""6a4e$ off of a UPC t5at 45e :o*3$ 5a#e 5a$ to 5a#e ,e,or2Le$ or t5at ;o* :o*3$ 5a#e
5a$ to 5a#e ,e,or2Le$""
B:2:;2:1 &.'.<
! O-ay+ b$t f s(e (ad r$"g $& o"e &a!-age of !o$g( dro&s+ s(e !o$ld (a)e 7$st...f o"e (ad (a)e
bee" &$r!(ased a"d r$"g $&+ a"d t(e"+ say t(e a!!$sed sad+ 4o(+ t(ere *as a !o$&le 'ore5+
t(e" s(e !o$ld (a)e 7$st (t t(e t'es 2+ t'es E b$tto" for .$a"tty...
f U'...% do"3t bele)e t(e !as( regsters....*(et(er or "ot t(ey stll allo* t(at or "ot...ts aga"st
&ol!y for t(e' to do t(at t(o$g(.
C O-ay+ so yo$ say 4*(et(er t(ey ST%LL allo* t(at5...so does t(at "d!ate t(at+ to yo$r
-"o*ledge t(at+ " t(e &ast+ s$!( a &ra!t!e (ad o!!$rred9
F 6es+ t(ey !o$ld.
F For "sta"!e+ f so'eo"e bo$g(t fo$r &a!-ages of det !o-es+ 12 &a!-s+ a"d t(ey dd"3t *a"t to
lft ea!( of t(ose (ea)y &a!-ages $&+ t(ey say2 4% (ad fo$r of t(ese5+ t(e" t(e !as(er !o$ld s!a"
o"e of t(e' a"d t(ey !o$ld say2 4o-ay+ a"d t(ere3s t(ree 'ore5 a"d !as(er *o$ld (t 4.$a"tty
t'es E5 or so'et("g l-e t(at...9
f 6es+ t(ey !o$ld+ b$t "ot " t(at order+ b$t yes t(ey !o$ld...
! A"d yo$r test'o"y today s yo$ do "ot -"o* *(et(er a"y s$!( state'e"ts *ere 'ade
regard"g
f No+ % *as "ot " ears(ot of t(e !o''$"!ato" t(at yo$ g$ys (ad+ as % stated earler...
! O(+ % dd"3t realDe t(at s *(at yo$ stated...so yo$ are say"g t(at yo$ *ere "ot *t(" ears(ot
of t(e tra"sa!to" bet*ee" t(e a!!$sed...
0 0e testfed to t(at &re)o$sly+ MOIE ONA
C O-ay+ *as a"ybody t(at yo$ are a*are of at ?al'art...9
R Not+ as-ed a"d a"s*ered...
0 Not...as-ed a"d a"s*ered a"d ts "ot rele)a"t+ 3"ot(er .$esto"A
B:2:22:; &.'.+ 'a"+ 1$dge 0o*ard !erta"ly s (el&f$l to &rose!$tor Roberts+ !o"sta"tly
!('"g " *t( ob7e!to"s of (s o*" l-e t(e abo)e rele)a"!y ob7e!to"+ alt(o$g(+ ts (ard to
$"dersta"d (o* t(at *o$ld "ot be rele)a"t+ g)e" t !o$ld &ote"tally go dre!tly to *(et(er or
"ot t(e a!!$sed 'ade a" "d!ato" to t(e !as(er as to t(e .$a"tty of !o$g( dro&s &$r!(ased+
et!....<.
! =o yo$ -"o* *(et(er t(e a!!$sed "ot o"ly bo$g(t a &a!-age of t(e )ery !o$g( dro&s t(at are
alleged to be stole" (ere b$t also 'ade state'e"ts to t(e !as(er *t( res&e!t to a" addto"al
.$a"tty of t(e sa'e te' be"g &$r!(ased9
0 No*+ (e "d!ated t(at (e !o$ld "ot (ear t(e ds!$sso" bet*ee" yo$ a"d t(e !as(er9 =o yo$
re!all t(at test'o"y9 6et+ yo$ t$r" rg(t aro$"d a"d as- (' t(at .$esto" o"!e aga"...
! #e!a$se+ % see...
( As- a"ot(er .$esto"A
C 6o$r 0o"or+ ts be!a$se % see..
0 As- a"ot(er .$esto"A
C =d yo$ earler say yo$ !o$ld (ear *(at *as sad bet*ee" t(e !as(er a"d t(e a!!$sed9
F No+ % dd "ot.
C O-ay+ so a re)e* of t(e ta&e *o"3t s(o* t(at.
F No.
! So+ s t &ossble t(at...a"d 7$st to !larfy...yo$ sad yo$ do"3t -"o* *(at3s o" t(e...let3s !lal s
t(e J@; re!e&t...yo$ do"3t -"o* *(at te's *ere o" t(at9
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
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F on t5e re7e2+t for t5e O/. of 2te,4 ;o* +*r75a4e$ at t5e fa7232t; no I $o not =no: :5at 2te,4 :ere
on t5at
B:2:E25: &.'. O(+ 'a"+ (ere 1$dge 0o*ard sees t !o'"g a"d really+ really *a"ts to try to
sto& t fro' (a&&e""g....'$st try to b$lly defe"da"t o$t of &o"t"g o$t a"ot(er " a l"e of
sale"t "!o"gr$tes " Fro"t"o3s test'o"y+ (ere+ t !o"!er"s t(e fa!t t(at Fro"t"o testfed
earler t(at (e -"e* "o !o$g( dro&s *ere r$"g $& by t(e !as(er+ yet 7$st abo)e (e testfed t(at
(e dd"3t -"o* *(at te's *ere o" t(at re!e&t...o"ly to t$r" aro$"d a"d assert t(at (s 4s&dey
)so"5 or *(ate)er e"able (' to ds!er" fro' t(e *o'e"3s !lot("g se!to" ea!( a"d e)ery
te' r$"g $&<
! So yo$ do"3t -"o* *(et(er or "ot t(ere s
( 0e does"3t -"o* *(at te's are o" t(e re!e&t
! O-ay+ b$t earler (e testfed t(at (e -"e* t(at t(e re!e&t dd"3t (a)e a" e"try for a bo8 of
!o$g( dro&s
0 As- a"ot(er .$esto"A AS> ANOT0ER KUEST%ONAALMJLMJLM:
C O=a; ear32er $2$ ;o* te4t2f; t5at ;o* =ne: a 6oC of t5at 4a,e UPC for t5o4e 7o*95 $ro+4 :a4
NOT on t5e O/. re!e&t9
F % *at!(ed yo$r tra"sa!to" a"d % dd "ot see t(e de"t!al !o$g( dro&s r$"g $& o" yo$r
re!e&t..
! 6o$ watched t(e tra"sa!to"...yo$ *ere able to see t !losely e"o$g(...yet yo$ *ere"3t able to
hear a"y of t(e tra"sa!to"9
F T(at s !orre!t9
C =o yo$ (a)e so'e (ear"g &roble's9
F No+ % do "ot.
C Do ;o* 5a#e super powerful #242onM
F I 7an 42,+3; 4ee fart5er t5an I 7an 5ear +eo+3e 4+ea=2n9 at nor,a3 #o27e"
C A6o*t 5o: far :5ere ;o* fro, t5e +o2nt of r2n92n9 *+ t5e 2te,4 on t5e O/. re7e2+tM
F U5"""+ro6a63; a6o*t t52rt feet 6e52n$ ;o*""""6e52n$ t5e re924ter4"""
7 O=a; 4o :5ere ;o*"""":5en ;o* 4a; 6e52n$ t5e re924ter4 24 t5at""":o*3$ t5at +*t ;o* 73o4er to t5e
6a7= of t5e 4tore or t5e front of t5e 4toreM
F U,"""t5e front of t5e 4tore""
7 Near t5e entran7e"""
f U5"""no 6; 6a7= of t5e 4tore>front of t5e 4tore ;o*r ta3=2n9 a6o*t front to 6a7= 2t4 not re3e#ant to t5e
eC2t4"
C I 9*e44 2t4"""24 2t fa2r to 4a; t5e front of t5e 4tore 24 :5ere t5e eC2t4 areM
F Ye4"
C Entran7e an$ t5e eC2t4 at t5e front of t5e 4tore>
f Ye4"
C O=a; 4o 7an ;o* 92#e ,e 4o,e 2n$27at2on :5ere ;o* :ere 3o7ate$ at t5e t2,e t5e 2te,4 :ere
6e2n9 r*n9 *+M
F at t5e t2,e ;o* :ere 4+e72f27a33; 6e2n9 r*n9 *+ I :a4 4tan$2n9 2n :o,en@4 a++are3 :5275 24
$2re7t3; 6e52n$ t5e re924ter4 2t4 a6o*t t:ent; feet a:a; fro, t5e re924ter4"""
7 Yo* 4a2$ ;o* :ere a6o*t t52rt; feet a:a;
f Corre7t I :a4 2n :o,en@4 a++are3"
C So"""6*t t5en ;o* 4a2$ t:ent; feetM
- -E>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01607
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R Yo*r Honor 5e@4 rea33; 6e2n9 ar9*,entat2#e 5e eC+3a2ne$ :5ere 5e :a4 t5at t5en"""*,"""5e@4
4+32tt2n9 5a2r4"""t5e :o,en@4 $e+art,ent :a4 t:ent; feet a:a; 6*t t5en 5e 4a2$ 5e :a4 t52rt; feet
a:a; t5ere@4 no 2n7on424ten7;"""I $on@t t52n= t5ere 24 e2t5er"""5ere@4 t5e $ea3 Mr" Co*9532n :e 4tarte$
t5e te4t2,on; of t524 :2tne44 at a++roC2,ate3; A:&. an$ not 2t 24 a++roC2,ate3; &:&& +, I :ant ;o*
to eC+e$2te ;o*r 7ro44 eCa,2nat2on :5275 5a4 6een 8*2te eCten42#e an$ t5e 7o*rt@4 9rante$ ;o* a
9reat $ea3 of 3ee:a; an$ I :ant ;o* to ,o#e to:ar$4 :ra++2n9 t524 *+" I $on@t :ant to 5ear
8*e4t2on4 t5at 5a#e a3rea$; 6een a$$re44e$ +re#2o*43; :2t5 t5at ;o* ,a; +ro7ee$"
C I@, 4orr; Yo*r Honor :o*3$ 2t 6e +o44263e to 5e3+ ,e f2n$ ,; +3a7e on :5et5er t5e 3a4t o6De7t2on
:a4 r*3e$ on"""o5 ;ea5 I re,e,6er 24 :a4 a6o*t t:ent; to t52rt; feet I :a4 4ee=2n9 73ar2f27at2on :2t5
re9ar$ to
H t5e o6De7t2on :a4 4*4ta2ne$"
C Mr" Front2no fro, ;o*r #anta9e +o2nt fro, 2n ;o*r :or$4 a6o*t t52rt; feet a:a; fro, :5ere t524
:a4 6e2n9 r*n9 *+ :5en ;o* :ere 3o7ate$ 2n t5e :o,en@4 a++are3 4e7t2on 7o,+are$ to t5e re924ter
n*,6er 0' ,a;6e"""
f U5"""I 6e32e#e 2t :a4 0' 6e7a*4e 2t :a4 t5e 729arette 243e 2f I re,e,6er 7orre7t3;""
7 Yo* :ere 4a;2n9 ;o* :ere a63e to $247ern ea75 an$ e#er; 2te, t5at :a4 r*n9 *+ on t5at O/. re7e2+t
an$ #er2f; to ;o*r4e3f t5at none of t5o4e 2te,4 5a$ t5e 4a,e UPC a4 t5e 7o*95 $ro+4 or t5e F7an$;
6arG"""
<&:&/:(0 +",")
f % !o$ld"3t tell yo$ t(at e)ery s"gle te' *as )erfed+ (o*e)er+ % (ad t(e &a!-ag"g to t(e
!o$g( dro&s+ a"d % *as s&e!f!ally loo-"g for t(e !o$g( dro&s beg" &$r!(ased...$'...% dd"3t
!are f t(ere *as ot(er !a"dy te's be"g &$r!(ased be!a$se t(ey dd "ot 'at!( t(e !o$g(
dro&s t(at % (ad " 'y (a"d...
! So yo$ say yo$ *ere "ot able to ds!er" e)ery te' &$r!(ased+ *(le at t(e sa'e t'e yo$
*ere able to ds!er" t(at "o"e of t(e te's &$r!(ased (ad t(e sa'e U/C as t(e !o$g( dro&s9
F No"e of t(e' (ad t(e sa'e &a!-ag"g t(erefore % !o$ld 'a-e t(e obser)ato" t(at t(ey !o$ld
"ot (a)e t(e sa'e U/C+ so..."o % !o$ld "ot read t(e U/C b$t t(ey *ere "ot t(e sa'e te's as
t(ey o"e3s % (ad...
! O-ay+ so f t(e a!!$sed *as able to &rese"t t(e J@; re!e&t a"d t (ad t(e e8a!t sa'e U/C as
t(e !o$g( dro&s+ t(at *o$ld dre!tly !o"trad!t *(at yo$ are say"g+ *o$ld"3t t+ Sr9
F 6es+ t *o$ld.
B:2:H2E5 &.'.<
! So+ 7$st to be !lear+ yo$ (a)e testfed (ere today+ t(at yo$ are absol$tely s$re t(at t(e J@;
re!e&t does "ot (a)e t(e te' *t( a"y e"try *t( t(e sa'e U/C a"d t(erefore t(e sa'e
&a!-ag"g+ as t(e !o$g( dro&s+ a"d t(at f s$!( a re!e&t s &rese"ted+ *t( t(e sa'e U/C+ t(e"
yo$r test'o"y *o$ld "e!essarly be '&ea!(ed
r Ob7e!to"+ t(at3s "o* !all"g for...$(...legal !o"!l$so" regard"g *(et(er (e3s '&ea!(ed or
"ot.
0 S$sta"ed.
C ?t(dra* t(at as&e!t *t( regard to *(et(er (e s '&ea!(ed or "ot...T(e"...yo$r test'o"y
*o$ld be "a!!$rate9
F % *o$ld say f yo$ *ere able to &ro)de a )ald re!e&t fro' t(at e8a!t tra"sa!to"+ t(e"+ yes+ t
*o$ld
! A"d do yo$ -"o* *(o t(e !as(er *as o" t(at tra"sa!to"9
F % do "ot -"o* *(o t(e !as(er *as+ "o.
- -->%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01608
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C =o yo$ or a"yo"e yo$ are a*are of at ?al'art as- t(at !as(er *(et(er a"y state'e"ts *ere
'ade by t(e a!!$sed *t( regard to *(et(er t(ere *ere a .$a"tty to add o" a"y &$r!(ase9
F Not to 'y -"o*ledge+ "o.
! =d yo$ 'a-e a"y atte'&ts to .$ery t(at !as(er " t(at regard9
F No.
! A"d+ "obody else+ to yo$r -"o*ledge+ at ?al'art dd9
F No.
C =oes t(at see' re!-less to yo$9
B:25122@ &.'.<
r Ob7e!to"
0 S$sta"ed
B1$dge 0o*ard r$les o" t(e ob7e!to" before Roberts e)e" state (er bass+ aga" a"d aga"+ "
(er fa)or<
C 1$st a 'o'e"t ago yo$ sad+ *t( res&e!t to yo$r ds!er""g fro' t(rty feet a*ay " t(e
*o'e"3s !lot("g sle+ *(at
*as &$r!(ased at a &art!$lar !as( regster+ fro' be("d a s8 foot fo$r+ t*o ($"dred a"d ffty
&o$"d 'a"+ *(ere yo$ *ere sta"d"g...yo$ *ere able to see9
f % *as "ot be("d+ $'...$'...s t(ere a .$esto"...$' % *as be("d t(e !as( regster+ % *as "ot
be("d yo$... % *as sta"d"g " *o'e"3s a&&arel+ so $"less yo$ *ere sta"d"g o" t(e !o")eyor
belt+ yo$ *o$ld"3t be blo!-"g 'y )e*..
B:2522;H &.'.<
! So *o$ld yo$ say yo$ *ere dre!tly be("d t(e !o")eyor belt9
F % *o$ld say t(at % *as...&robably "ot H; degrees be("d t...% dd"3t 'eas$re+ b$t % *as be("d
t+ a"d % !o$ld see t(e te's t(at *ere be"g &$r!(ased...
! Ea!( a"d e)ery o"e of t(e'
f 6es
! A"d yo$ *ere able to re'e'ber ea!( a"d e)ery o"e of t(ose te's for *(!( a"d J@; re!e&t
*as 'ade9
f Absol$tely "ot. %...%...% a' "ot say"g t(at % re'e'ber currently e)ery te' t(at yo$
&$r!(ased...% -"o* t(at yo$ dd "ot (a)e te's t(at o$r &$r!(ased t(at 'at!(ed t(e te's yo$
sele!ted a"d !o"s$'ed.
C ?ell+ t(at br"gs $&+ earler yo$ sad t(at 4% dd"3t ds!er" or )erfy *(et(er yo$ (ad
&$r!(ased t(e sa'e !a"dy te's+ % *as fo!$sed o" 'a-"g s$re yo$ (ad"3t &$r!(ased a" te'
*t( t(e sa'e U/C as t(e !o$g( dro&s...t(at3s *(at yo$ sad earler+ !orre!t9
R U(...$'...$(...Ob7e!to"+ aga"+ (e3s "ot restat"g t(e test'o"y a!!$rately.
0 %s t(at *(at yo$ testfed9
F % testfed t(at % *at!(ed a"d % *as primarily o"ly loo-"g for t(e te's t(at % (ad see" yo$
sele!t a"d !o"!eal or !o"s$'e
C %s"3t t a!!$rate to say t(at yo$r test'o"y earler *as t(at yo$ *ere &r'arly o"ly loo-"g
for t(e !o$g( dro&s...a"d t(e" yo$ 'ade a state'e"t abo$t "ot !ar"g *(et(er t(e !a"dy...
0 %s t(s a !o'&le8 .$esto" o"!e aga"9 AS> A KUEST%ON.
C O-ay+ earler yo$r state'e"ts *t( regard to *(at yo$ *ere &r'arly !o"!er"ed *t(+ dd
t(ey "ot s&e!fally l't yo$r !o"!er"s to t(e !o$g( dro&s9
F T(ey *ere &r'arly !o"!er"ed *t( t(e !o$g( dro&s be!a$se t(e !(o!olate te' *as stll left
a"d (dde" " t(e !art.
- -'>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01609
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C % a' 7$st as-"g yo$+ Sr+ abo$t yo$r earler test'o"y+ "ot yo$r state of '"d abo$t *(at
yo$+ *(at yo$ feel abo$t t(e e)e"ts or yo$r re!olle!to"s+ 7$st *(at yo$ testfed to earler...s t
far to say t(at *(at yo$ testfed to earler *as t(at 4% *as &r'arly o"ly !o"!er"ed abo$t
'a-"g s$re t(at t(e !o$g( dro&s or a" te' of t(e sa'e U/C *as "ot be"g &$r!(ased5...to
t(e e8!l$so" of "ot !ar"g *(et(er or "ot s'lar !a"dy te's *ere be"g &$r!(ased9 =d yo$
"ot say t(at o" t(e re!ord today9
F % bele)e t(at % sad earler t(at % *as !o"!er"ed *t( t(e te's t(at yo$ (ad sele!ted a"d
!o"s$'ed...$'....t(e !o$g( dro&s *ere a &r'ary !o"!er"+ b$t+ yo$ also dd "ot r"g $&
a"yt("g t(at "!l$ded t(e !(o!olate te'.
C 6et+ earler+ dd"3t yo$ testfy t(at a "$'ber of !a"dy te's *ere sele!ted a"d later
&$r!(ased9
F 6es.
C #$t+ "o* yo$r are say"g+ t(at yo$r *ere so'e(o* able to )erfy a"d ds!er" fro' t(rty feet
a*ay t(at t(at &art!$lar !a"dy te' *as "ot...t(e U/C for t(at+ *as "ot also "!l$ded o" t(e
J@; re!e&t.
F % *as &r'arly o"ly !o"!er"ed *t( t(e !o$g( dro&s+ % *as *at!("g for t(e !a"dy+ t(e
*ra&&er...t(e !a"dy *as stll " t(e !art.
! A"d t(at3s *(ere % (a)e a" ob7e!to"+ "o"Fres&o"s)e.
0 Are yo$ do"e9
C No S2r I a, not I D*4t o6De7te$ to t5e fa7t t5at 5e $2$n@t an4:er t5e 8*e4t2on I a4=e$" E#er;t2,e 5e
9et4 7ornere$ 5e 4tart4 ta3=2n9 a6o*t 2rre3e#ant 4t*ff"
B:2552:E &.'.<
0 %f yo$r te"der"g t(at ob7e!to" to t(e Co$rt+ ts o)err$led.
C ?ere yo$ able to )erfy+ fro' yo$r &osto" of so'e t(rty feet a*ay+ t(at t(e !a"dy te'
alleged to (a)e bee" stole"...a"d t(e U/C for t(at !a"dy te'+ *as "ot "!l$ded o" t(e J@;
re!e&t9
F % *as $"able to )erfy+ ot(er t(a" t(e fa!t+ t(at t *as "ot (a"d -eyed "+ t *as "e)er
&rese"ted for s!a"""g...
! O-ay+ b$t s'lar to t(e !o$g( dro&s+ yo$ *ere "ot able to )erfy t(at t(e sa'e te' *as -ey
"+ or a" te' *t( t(e sa'e U/C *as -ey "+ a"d $&o" t(at a .$a"tty "$'ber *as added to
t(e re!e&t to refle!t t(e &$r!(ase of t(e te'+ t(e !(o!olate te'+ yo$ are alleg"g *as stole"9
F 6o$ sele!ted t*o &a!-ages of !o$g( dro&s a"d o"e !a"dy bar+ a"d...a"d... o"e of t(at de"t!al
!(o!olate te'+ a"d "o 'ore+ so (ad...t(ere *(ere "o ot(er te's for 5er to be able to r"g $&
B:25G25G &.'.<
! ?ell earler yo$ testfed t(at a "$'ber of !(o!olate te's *ere &$r!(ased9
F T(ose s&e!f! o"es.
C ?ell yo$ also testfed t(at yo$ (ad "o dea+ s&e!f!ally+ *(at *as o" t(e J@; re!e&t9
F Corre!t+ % do "ot -"o* *(at *as o" yo$r J@; re!e&t.
C ?ell+ % t("- ts geo'etry or so'et("g fro' (g( s!(ool+ t(e tra"st)e &ro&erty of t(s a"d
t(at *o$ld s$ggest t(at (o* !o$ld (e "ot -"o* *(ats o" t(e
0 %TS ARGUMENTAT%IEA
C ?ell+ % a' as-"g ('..
0 %TS ARGUMENTAT%IEANOLJNJLMN
7 S2r 5o: 7an ;o* =no: 4o,et52n9 :a4 not on t5e re7e2+t 2f ;o* te4t2f2e$ t5at ;o* $on@t =no: :5at
:a4 on t5e re7e2+tM
F #e!a$se % sa* (o* 'a"y of t(e te's yo$ sele!ted.
- -/>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01610
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C O-ay+ !a" yo$ g)e $s a s&e!f! "$'ber "o* a"d s&e!f!ally de"tfy " so'e *ay *(at t(ose
te's *ere9
B:25725H &.'.<
F yo$ sele!ted t(e t*o &a!-ages of !o$g( dro&s t(at % (a)e &!t$res of a" a re!e&t for+ a"d yo$
sele!ted t(e !(o!olate te'.
BNOTE2 (e says t*o &a!-ages of !o$g( dro&s...#UT ?OUL=N3T T0AT MA>E E #OPES %F
6OU A== T0E ONE ON T0E J@; RECE%/T9<
! O-ay+ a"d t(e" t(eres *as...% sele!ted a"ot(er J@; *ort( of st$ff9
f 6o$ sele!ted ot(er !a"dy te's+ yes+ a"d yo$ &ad for so'e of t(e' a"d yo$ left so'e of t(e'
at t(e regster.
C O-ay+ a"d (o* do yo$ -"o* t(at a'o"gst t(ose &ad for *as "ot a" te' *t( t(e sa'e
U/C9
B:25@22; &.' #AM 1U=GE 0O?AR= SLAMS SOMET0%NG =O?N ON 0%S #ENC0<
0 As-ed a"d a"s*ered a ($"dred t'es. % do"3t -"o* *(y yo$ !o"t"$e to beat t(s (orse+ %
really tr$ly do"3t. As- a"ot(er .$esto". Mr. Co$g(l"+ yo$ (a)e te" '"$tes re'a""g " t(e
!ross e8a'"ato" of Mr. Fro"t"o. % t("- t(at3s *(ere yo$ are (eaded " a"y e)e"t. Ar9*e 2t
on a++ea3" An$ 7*rrent3; 3et t5e re7or$ ref3e7t t5at 2t 24 no: f2#e ,2n*te4 to f2#e an$ t5at f2#e ,2n*te4
after f2#e Mr" Co*9532n@4 te4t2,on; or 7ro44 eCa,2nat2on rat5er :233 6e ter,2nate$"
C O=a;" D2$ ;o* ,a=e an; 4tate,ent4 to t5e Off27er a6o*t""" F:eG"""I 9*e44 ;o* 4a2$ F:eG an$ t5en
:e 4+e7*3ate$ a6o*t :5o, ;o* ,eant 6; F:eG a6o*t 5o: F:e@#e 6een :at752n9 t5e a77*4e$ an$ :e
f2r4t 6e7a,e a:are of or :orr2e$"""too= not27e of 52,""":5en 5e too= a +5oto9ra+5 of a te3e#242on
an$"""G t5en ;o* na,e$ 4+e72f27a33; a ,ana9er a 63on$ 5a2re$ 3a$; 2n 5er 3ate fort2e4"""D2$ ;o* ,a=e
4*75 4tate,ent4M
F Ne#er 5a#e I ,a$e 4*75 4tate,ent4"
<E:..:AE +",")
7 D2$ ;o* ,a=e 4tate,ent4 to t5e In$2an Co3on; Off27er4 :2t5 re4+e7t to +re#2o*4 2ntera7t2on4 :2t5
t5e a77*4e$ t5at e3272te$ ;o*r 7on4ternat2onM
F U5""":at75 $oe4 F7on4ternat2onG ,eanM
C It ,ean4 ;o*r :ere 4*4+272o*4 of 52, 4o ;o* :ere :at752n9 52,M
f Ye4"
C Can ;o* 4+e72f; 2n $eta23 :5at t5o4e 4tate,ent4 :ereM
F T5at :e 5a$ 5a$ 244*e4 :2t5 t5e Defen$ant 2n t5e +a4t t5at""":e 5a$ 6een 5o+2n9 to tre4+a44 52, for
4*4+e7te$ a7t2#2e4 2n t5e
4tore for 4*4+e7te$ 5ar$:are 4:a++2n9 :2t5 3a+to+4 an$ t52n94 of t5at nat*re"""I 5a$ +re#2o*43; 4een
;o* an$ fo33o:e$ ;o* 6efore 6*t $2$ not $eta2n ;o* 6e7a*4e I :a4 5one4t3; 5o+2n9 for ,ore"""I :a4
5o+2n9 t5ere :o*3$ ,ore t5an a +a7=a9e of MXM@4" So I 5a$ ,; o:n rea4on4 to fo33o: ;o* 6efore
t5e 2n72$ent 2n 8*e4t2on"
C O=a; 4o ;o*@re 4a;2n9 ;o* ,a$e no 4tate,ent4 to t5e In$2an Co3on; Off27er4 :2t5 re4+e7t to
4*4+272on 6e2n9 aro*4e$ 6; e2t5er ;o* or 4o,eone ;o* :or= :2t5 at 1a3,art 2n73*$2n9 a Mana9er
:5o 24 a fe,a3e re3ate$ to t5e ta=2n9 of a +5oto9ra+5 of a f3at?47reen te3e#242onM
F I +er4ona33; =no: not52n9 of t5e +5oto9ra+5" T524 24 t5e f2r4t t52n9 I 5a#e 5ear$ of 2t"
C I a, not a4=2n9 ;o* :5at ;o* =no: a6o*t t5e +5oto9ra+5 I a, a4=2n9 ;o* a6o*t t5e 4tate,ent4
;o* ,a$e to t5e In$2an Co3on; Po327e"
<E:.A:0( +"," C5e7= to 4ee Po327e :ere a4=e$ a6o*t t5e +5oto9ra+5)
f U5"""no I $2$ not ,a=e a 4tate,ent a6o*t a +5oto9ra+5"
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01611
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C O=a; 4o 2f 4o,eone 5a$ 6een ta+e re7or$2n9 t5at 2ntera7t2on 6et:een ;o* an$ t5e In$2an Co3on;
Po327e an$ 2t re#ea3e$ t5at ;o* $2$ ,a=e 4*75 a 4tate,ent :o*3$ t5at ,ean t5at ;o* are 3;2n9 no:M
F Ye4 2f t5at :a4 t5e 7a4e 2f t5ere :a4 #2$eo e#2$en7e t5at :o*3$ 6e t5e 7a4e"
C Or a*$2o o=a;""""So ;o* 4a; at 4o,e +art of t5e 4tore ;o* :2tne44e$ not on3; t5e 7o*95 $ro+4
6e2n9 o+ene$ 6*t t5en 7on7ea3e$M
F Corre7t"
C D2$ ;o* e#er :2tne44 t5e 7o*95 $ro+4 6e2n9 7on4*,e$M
F So,e of t5e, :ere 7on4*,e$ 2n t5e 4tore"
<E:.(:0. +",")
H An$ 524 re4+on4e :a4 F4o,e of t5e, :ere 7on4*,e$ 2n t5e 4toreG"
C 15275 $oe4n@t 4+e72f; :5et5er 5e F:2tne44e$G t5e,"""2t ,295t 6e 4+e7*3at2on"""2t4 a !$ro$s :a; to
+5ra4e 2t
5 D2$ ;o* o64er#e 52, to 7on4*,e t5e 2te,4 :2t52n t5e 4toreM
F Ye4 S2r I $2$"
C So+ to be !lear+ yo$ are "ot say"g+ t(at yo$ obser)ed t(e a!!$sed !o"s$'ed t(e !o$g( dro&s
" t(e store9
B52;E2E@ &.' T0%S %S T0E F%RST T%ME FRONT%NO =EC%=ES TO SA6 0E ?%TNESSES
T0E COUG0 =RO/S #E%NG CONSUME=. AT ALL OT0ER T%MES 0E STO//E=
S0ORT OF SA6%NG 4CONSUME=5 AN= %NSTEA= ?ENT ?%T0 4SELECTE= AN=
CONCEALE=5+ ?0EREU/ON 0E ALSO MA=E MENT%ON OF T0E ACCUSE=
ENTER%NG T0E RESTROOM AN= 0O? ?ALMART /OL%C6 =%= NOT ALLO? FOR
0%M TO FOLLO? %N TO T0E RESTROOM<
! So+ to be !lear+ yo$ are "o* say"g t5at ;o* o64er#e$ t5e a77*4e$ 7on4*,e t5e 7o*95 $ro+4 2n t5e
4toreM
F Ye4 S2r I a,"
C 15ere $2$ t5at o77*rM
F T5ro*95o*t t5e 4tore"
C S+e72f27a33; :5ereM
F Yo* :ere""""2n""""*,"""5o*4e5o3$ 73ean2n9 75e,27a34"""e3e7tron274"""";o* :ere t5ro*95o*t t5e 4tore
$o,e4t274""";o* :ere t5ro*95o*t t5e 4tore"""7on4*,2n9 foo$"
C O=a; no: ;o* are 4a;2n9 4!o"s$'"g food5
B52;:2;@ &.'.<
f Co*95 $ro+4" Yo* :ere 7on4*,2n9 7o*95 $ro+4""" ;o* :ere 7on4*,2n9 t5e !(o!olate"
C Are ;o* 4*re :5275 :a4 6e2n9 7on4*,e$M It 4o*n$4 a4 t5o*95"""
f I a, 4*re 6ot5 :ere 6e2n9 7on4*,e$"
C An$ 5o: are ;o* 4*reM
F I :at75e$ ;o* $o 2t"
C Ho: ,an; :ere 7on4*,e$M
F I $2$n@t 7o*nt"
C So ;o* :ere a63e to :at75 6*t ;o* :eren@t a63e to $247ern 5o: ,an;M
R O6De7t2on 5e 4a2$ 5e $2$n@t 7o*nt Yo*r Honor"
H S*4ta2ne$"
C So 5o: ,an; 7o*95 $ro+4 :ere re7o#ere$M
F U5""""+art of one +a7=a9e"""2t :a4 a++roC2,ate3; 42C o*t of one of t5e +a7=a9e4 t5at :ere re7o#ere$M
C O-ay+ so (o* 'a"y are " ea!( &a!-age9
B52;:25H &.'<
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01612
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F I :o*3$ 5a#e to 3oo="" I $on@t re7a33 5o: ,an; :ere 2n ea75 +a7=a9e"""T5e; :ere atta75e$"""t5e;
:ere 2n 6324ter +a7=4
7" Not eno*95 to ,a=e t:o +a7=a9e4M
F No not eno*95 to ,a=e t:o +a7=a9e4M
C 1e33 t5en 5o: are ;o* a63e to a44ert t5at t*o :ere 4to3enM
f Be7a*4e ;o* o+ene$ t:o an$ ;o* 7on7ea3e$ t5e 7ontent4 of t:o"
C An$ ;o*r 4tore@4 +o327; 24""":5atM Yo* 4a2$ 4o,et52n9 a6o*t a 6at5rooo, an$ not 6e2n9 a63e to"""
5 A4=e$ an$ an4:ere$"""9o on
7 O=a; 4o 24 2t ;o*r 4tore@4 +o327; t5at 2f ;o* aren@t a63e to re7o#er t5e 2te,4 ;o* 4t233 a44ert an$
affe7t an arre4t 75ar92n9 t5at t5e 2te,4 :ere 4to3enM
F 1233 ;o* a4= t5e 8*e4t2on a9a2nM
C Yea5" Ho: $o ;o* =no: t:o +a7=a9e4 :ere 4to3en 2f ;o* on3; re7o#ere$ +art of oneM
F I ,a$e an a44*,+t2on t5at 6ot5 :ere 4to3en"
C An$ $2$ ;o* 5a#e an; e#2$en7e of t5at a44*,+t2onM
F 6o$ sele!ted a"d !o"!ealed t(e !o"te"ts of t*o &a!-ages.."t(at *as 'y ass$'&to". T5e
+a7=a9e4 :ere t5ro:n 2n t5e 9ar6a9e :5275 :o*3$ ren$er *4 *na63e to a77o*nt for t5e,"""
<E:.-:A' +"," THIS IS INTERESTING BECAUSE HERE FRONTINO CLASSIFIES HIS
TESTIMONY AS BOTH AN EYE 1ITNESS ACCOUNT OF COUGH DROPS BEING
CONSUMED ONLY TO THEN CHARACTERIZE THE DECISION TO CHARGE FOR THE
COUGH DROPS AS TO BE PREMISED UPON HIS FASSUMPTIONG THAT HE MADE THAT
THE COUGH DROPS 1ERE CONSUMED IN THE RESTROOM"""SO 1HICH IS IT
FRONTINO DID YOU ACTUALLY PERCEIVED THE CONSUMPTION 1ITH YOUR O1N
EYES OR DID YOU HAVE TO FASSUMEG THEY 1ERE CONSUMED 1HILE THE SUSPECT
1AS IN THE RESTROOMM)
<E:.-:E. +",")
7 1e33 2f t5e 7ontent4 of t:o +a7=a9e4 :ere 4to3en e#en 2f 4o,e of t5e, :ere 7on4*,e$"""4*re3; ;o*
:o*3$ 5a#e re7o#ere$ 4o,e :ra++2n94 or 4o,et52n9 t5at :o*3$ a$$ *+ to t:o +a7=a9e4 2n72$ent to
t5e 2,+er,244263e 4ear75 :o*3$n@t ;o*M Yet ;o* $2$n@t" 0o* s t(at &ossble to say 4t*o *ere
!o"!ealed+ yet o"ly &art of o"e *as re!o)ered $&o" a f$ll sear!(5"
<E:.':00 +"," NEST IT IS INTERESTING TO NOTE THAT FRONTINO SAYS F1HETHER
THE REST 1ERE EATEN OR THE REST 1ERE FLUSHED IN THE TOILET"""G 1HICH
INDICATES A LACK OF CERTAINTY AS TO 1HETHER THEY 1ERE EATEN OR
CONSUMED"""YET BUST A MINUTE AGO FRONTINO AFTER APPARENTLY DEDUCING
THAT THE CASE 1OULD BE MUCH STRONGER IF HE 1OULD BUST SAY HE SA1 THE
COUGH DROPS BEING CONSUMED DID IN FACT TESTIFY THAT HE 1AS AN EYE
1ITNESS TO THE COUGH DROPS BEING CONSUMED""""1HICH BEGS THE !UESTION:
1HY DOES FRONTINO THEN TALK ABOUT HO1 HE MADE AN FASSUMPTIONG AND
THEN GO ON TO POSTULATE AS TO F1HETHER THE REST 1ERE EATEN OR THE REST
1ERE FLUSHED IN THE TOILET"""1ALMART LOST THAT PROPERTY""""G)
f 15et5er t5e re4t :ere eaten or t5e re4t :ere f3*45e$ 2n t5e to23et 1a3,art 3o4t t5at +ro+ert;"
C So+ o" *(at bass do yo$ !all t(e State do*" to arrest so'ebody9
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01613
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<E:.':A% +"," ^ 32=e 2n4tan7e4 32=e )
F #ased $&o" t(e !(o!olate bar+ % 'ade t(at state'e"t !lear earler.
C O=a; 6*t ;o* 4t233 75ar92n9 t:o +a7=a9e4 of 7o*95 $ro+4 :5ere ;o* 5a#e "ot("g b$t a"
ass$'&to" to 4+ea= to one an$ a 5a3f +a7=a9e4 :ort5 of t5e 7ontent4 of t5e 7o*95 $ro+4"
H !*e4t2onM
C Yes+ do yo$ (a)e a"yt("g to s$&&ort *(at *as !(arged+ t(at t*o *ere stole" *(e" yo$ o"ly
re!o)ered after f$ll sear!( *(at yo$ allege to be (alf t(e !o"te"ts of o"e9
Roberts ob7e!to" as-ed a"d a"s*ered
0o*ard f yo$ !a" res&o"d &lease do
fro"t"g "o % 'ostly (a)e % bele)e % stated earler % ass$'ed yo$ (ad re'o)ed bot( fro' t(e
fa!lty be!a$se yo$ t(re* t(e &a!-ag"g to bot( a*ay a"d !o"!ealed bot(+ $'+ yo$ dd
!o"s$'ed so'e " t(e fa!lty % dd"3t !o$"t (o* 'a"y t(at *as
Co*9532n o=a; :ere ;o* e#er ,a$e a:are or 5a#e an; =no:3e$9e of an; ar9*,ent4 6et:een t5e
a77*4e$ an$ t5e 7*4to,er 4er#27e 7o*nter :2t5 re4+e7t to t5e enfor7e,ent of t5e ret*rn +o327;
Ro6ert4 o6De7t2on re3e#an7e
Ho:ar$ re3e#an7e an$ at t524 +o2nt 2t@4 E ,2n" after f2#e an$ 4o :e :233 en$ 7ro44 eCa,2nat2on ;o*
7o*3$ 4a#e t5at 244*e for a++ea3 or ,a=e a re7or$ t5at t524 2n8*2r; 5a4 6een re+3ete :2t5 non?re3e#ant
re+et2t2o*4 2n8*2r; 2n 129an an$ at t524 +o2nt t5an= ;o* #er; ,*75
Ho:ar$ Ca33 ;o* neCt :2tne44
Co*9532n Can I D*4t +re4er#e ,; o6De7t2on t5at I 5a#e ,ore 8*e4t2on4 for t5e :2tne44 D*4t $24,244e$
Ro6ert4 I 7a33 Of7" Cra:for$ a4 a :2tne44
Co*9532n Yo*r Honor :a4 ,; *n$er4tan$2n9 7o*rt 5o*r4 en$ at f2#eM 24 t5at not t5e 7a4e n*73ear to
5a#e +r2or 7o,,2t,ent4
Ho:ar$ :e are 9o2n9 to 7ont2n*e on I t52n= I to3$ ;o* ear32er :5en I 4a2$ :e :ere 7an 5a#e t524
,atter re4o3#e$ ton295t
Co*9532n 4o are :e 5o: 3on9 7o*3$ :e +o44263; 6e 5ere ton295t
Ho:ar$ t233 :e f2n245
Co*9532n :e33 I :a4 re3;2n9 *+on +o4te$ 7o*rt 5o*r4 t5at 4a; 7o*rt en$4 at f2#e
Ho:ar$ :233 7ont2n*e :233 7ont2n*e
Co*9532n I $on@t =no: t5at I 7an 4tate Yo*r Honor
Ho:ar$ +ro7ee$ :2t5 ;o*r 7a4e
Ro6ert4 off27er Cra:for$ +3ea4e +3ea4e 4tate ;o*r f*33 na,e an$ 4+e33 ;o*r 3a4t na,e for t5e re7or$
Cra:for$ Ka,eron Lane Cra:for$
Co*9532n Yo*r Honor ,a; I *4e t5e re4troo, 2n
Ho:ar$ :233 ta=e 2t ;o*@#e 9ot *nt23 E0. $on@t 6e 3ate
Co*9532n ,; 73o7= 4a;4 2t@4 a t2,e no:
Ho:ar$ S2r ;o* 6etter 9et 9o2n9 an$ ;o*@#e 9ot *nt23 f2#e ten on t524 73o7= r295t 5ere :e are 9o2n9 to
+ro7ee$ at t5at t2,e t5e 7o*rt :233 re,a2n on t5e 6en75 <E:0.:EA +",")
Ho:ar$ :e are 6a7= on t5e re7or$ 2t 24 a++roC2,ate3; E00 an$ :e :233 +ro7ee$ M4" Ro6ert4
Ro6ert4 off27er Cra:for$ :5at 24 ;o*r Do6
Cra:for$ IMO tr26a3 +o327e off27er for t5e Reno S+ar=4 In$2an 7o3on;
Ro6ert4 an$ 5o: 3on9 5a#e ;o* 6een e,+3o;e$ :2t5 t5e In$2an Co3on9;
Co*9532n D*4t 8*27=3; I :233 enter ,; o6De7t2on4 for t5e re7or$ :2t5 re9ar$ to an;t52n9 off27er
Cra:for$ ,a; :245 to te4t2f; :2t5 *n$er t5e eC73*42onar; r*3e o6De7t2on4 are
Ho:ar$ I 7an@t 5ear ;o* 42r
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01614
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Co*9532n I a, 4orr; Yo*r Honor I a, #er; 3295t?5ea$e$ an$ I t52n= I nee$ to eat 4o,et52n9 ,; 63oo$
4*9ar 24 I@, 5a#2n9 tro*63e I a, #er; t2re$ an$ 3295t5ea$e$ I +ro6a63; nee$ to eat 4o,et52n9
Ho:ar$ I 7an 5ear ;o* no: 9o a5ea$
C I :a4 re4tat2n9 ,; o6De7t2on4 for t5e re7or$ t5at :e@#e 9one o#er 4o,e 32n= :2t5 Mr" Front2no 6*t
no: :245 to a++3; t5e, to off27er Ca,eron Cra:for$ ;o* =no: a33 t5e eC73*42onar; r*3e o6De7t2on4
Ho:ar$ S2r I a, 5a#2n9 $2ff27*3t; *n$er4tan$2n9 :5at ;o*r o6De7t2on 24 t5e 72t; 2,+o4e$ an$
re8*e4te$ t5e r*3e of eC73*42on I 9rante$ t5at 4o :5at 24 ;o*r 75e7= 452,4 to t524 :2tne44
Co*9532n t5e 72t; re8*e4te$ a ro3e of eC73*42onM
Ho:ar$:
Ro6ert Yo*r Honor I re8*e4te$
Co*9532n I@, 7onf*4e$ I :5275 2n7ar7erate$ t5e2r 9oa34M T5e; :ant a r*3e of eC73*42onM
Ho:ar$ :5at 24 ;o*r o6De7t2on4 S2rM
Co*9532n :e33 I a, 4ee=2n9 to eC73*$e fro, 6e2n9 entere$ 2nto e#2$en7e fr*2t of t5e +o24ono*4 tree
t5e a33e9e$ fr*2t
Ho:ar$ t5at re8*e4t 24 $en2e$ o#err*3e$ 9o a5ea$ +3ea4e
Ro6ert4 off27er Cra:for$ 5o: 3on9 5a#e ;o* 6een e,+3o;e$ 6; t5e Reno S+ar=4 2n: e295t
Cra:for$ a 32tt3e o#er t5ree ,ont54 no:
Ro6ert4 on Se+te,6er % of A.00 re#2e:2n9 tra2n2n9
Cra:for$ I :a4 ;e4
Ro6ert4 an$ Hoo42er tra2n2n9 off27er
Cra:for$ off27er Donn2e Bra*n :ort5
Ro6ert4 an$ 524 CD off27er t5at 4o,e 5a33:a;
Cra:for$ ;e4
Ro6ert4 an$ :ere UN off27er Bra*n:ort5 $24+at75 to A&AE E" An$ St" t5e 1a3,art 3o7ate$ t5ere
Cra:for$ ;e4
Ro6ert4 an$ 24 t5at 1a3,art 2n t5e 72t; of Reno <E:0':&' +"," IT IS INTERESTING TO NOTE
THAT ROBERTS DOES NOT RE!UEST HERE FOR THE COURT TO TAKE BUDICIAL
NOTICE AS TO BURISDICTION AND THERE IS A SALIENT POINT IN DISPUTE 1ITH
RESPECT TO 1HETHER THE CITY NEEDED TO ESTABLISH THAT COUGHLIN HAS NO
INDIAN OR TRIBAL BLOOD OR AFFILIATION AND THAT TRIBAL COURT IS NOT THE
APPROPRIATE FORUM FOR SUCH AN ARREST 1HERE AS HERE IT o77*rre$ ON TRIBAL
LAND)
Cra:for$ ;e4 2t 24"
Ro6ert4 an$ :5en ;o* arr2#e$ t5ere :2t5 off27er Bra*n:ort5 $2$ ;o* 7o,e 2n 7onta7t :2t5 t5e 4*4+e7t
for 45o+32ft2n9
Cra:for$ ;e4 :e $2$
Ro6ert4 :5ere :a4 t5at 4*4+e7t 3o7ate$ :5en ;o* f2r4t ,a=e 7onta7t :2t5 52,
Cra:for$ :233 2n t5e 1a3,art 4e7*r2t; off27e
Ro6ert4an$ ;o* re,e,6er Mr" Fontenot :a4 +re4ent at t5at t2,e t5at ;o* ,a=e
7onta7t :2t5 t5e 4*4+e7t
Cra:for$ ;e4 5e :a4
Ro6ert 42n7e ;o* re7o9n2Le t5e 4*4+e7t t5at 5e ,a$e 7onta7t :2t5 on Se+te,6er % 24 t5e +re44 2n t5e
7o*rtroo, to$a;
Cra:for$ ;e4 5e 24
Ro6ert4 :o*3$ ;o* +3ea4e 4tate :5at 5e 24 :ear2n9 an$ rate4ett2n9
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01615
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Cra:for$ 24 :ear2n9 a $ar= 7o3ore$ 4o*+ :2t5 t5e $ar=?7o3ore$ 452rt an$ a 4ett2n9 :5ere t5e $efen$ant
:o*3$ 6e 42tt2n9
Ho:ar$ t5e re7or$ :233 ref3e7t t5at Cra:for$ 2$ent2f2e$ Mr" Co*9532n
Ro6ert4 :5en ;o* f2r4t ,a=e 7onta7t :2t5 Mr" Co*9532n 5a$ ;o* on :a4 5e 4tan$2n9 42tt2n9 or :5at
Cra:for$ 5e :a4 42tt2n9 $o:n on a 6en75
Ro6ert4 o=a; an$ 2t :a4 an; =2n$ 5an$7*ff4 re4tra2nt4
Ro6ert4
ro6ert4 an$ :5en ;o* a++roa75 t5e 4*4+e7t ;o* 5a#e to a4= 52, an; 8*e4t2on4 or 5a#e a $247*442on
:2t5 52,
7ra:for$ I $2$ a4= 52, 8*e4t2on4
Ro6ert4 an$ :5at 8*e4t2on4 45o*3$ ;o* a4= 52,
Cra:for$ I a$#24e$ 52, :5; I :a4 t5ere t5at 1a3,art 5a$ 7a33e$ 6e7a*4e t5e; 4*4+e7te$ 5e 5a$ ta=en
+ro+ert; I t5en to3$ 52, t5at 2t :a4 ,; $e7242on to e2t5er :r2te *+ t5e 72tat2on or ta=e 52, to Da23 an$
t5at I :o*3$ +refer to :r2te 52, a 72tat2on 4o I $2$n@t Da, *+ o*r Bo*3e#ar$ :2t5 *nne7e44ar; +eo+3e
9o2n9 *+ t5ere<E:0%:A/ +",") I a4=e$ 52, 4+e72f27 8*e4t2on4 6e7a*4e 5e $2$ not 5a#e ID on 52, at t5e
t2,e I a4=e$ 52, 8*e4t2on4 32=e :5at R275ar$ $ate of 62rt5 :5ere $o ;o* 32#e 4o I 7o*3$ r*n t5e,
t5ro*95 $24+at75 to ,a=e 4*re 5e $2$n@t 5a#e an; :arrant4 a34o to f233 o*t t5e 72tat2on of 5e ref*4e$ to
+ro#2$e t5o4e +ro#2$e t5at 2nfor,at2on

<THIS 1HOLE BUSINESS ABOUT PREFERRING TO 1RITE A CITATION SEEMS ALL THE
MORE PHONY IF 1RITING A CITATION 1OULD NOT TYPICALLY ENTAIL
CONDUCTING A SEARCH INCIDENT TO ARREST)
Ro6ert 4o 2n or$er to 72te 4*,,on4e$ arre4t ;o* nee$ o*t 7erta2n 2nfor,at2on to f233 o*t t5e 72tat2on
Cra:for$ 9*e4t ,*4=rat
Ro6ert4 an$ :5at +2e7e4 of 2nfor,at2on ;o* nee$ to 5a#e
Cra:for$ $ate of 62rt5 So72a3 Se7*r2t; n*,6er +3a7e of e,+3o;,ent 7onta7t +5one n*,6er 4t*ff
32=e t5at
Ro6ert4 t5e2r f*33 na,eM
Cra:for$ t5e2r f*33 na,e ;e4
Ro6ert4 an$ $2$ 5e +ro#2$e an; of t5at to ;o* :5en ;o* a4=e$
Cra:for$ 5e $2$ +ro#2$e 524 f*33 na,e ;e4
Ro6ert4 4o ot5er t5an 524 f*33 na,e 5e $2$n@t +ro#2$e ;o* :2t5 an; ot5er 2nfor,at2on for ;o* to f233
o*t t5e 72tat2onM
Cra:for$ I 6e32e#e 5e ,a; 5a#e +ro#2$e$ 524 a$$re44 or t5e 72t; ;o* 32#e I a+o3o92Le ,a; +ro#2$e t5e
72t; 5e 32#e$ anot5er one t5at 5e ref*4e$ a33 8*e4t2on4
Ro6ert4 4a2$ t5ere :a4 2n4*ff272ent 2nfor,at2on to 244*e a 72tat2on
Cra:for$ no ,aa,
Ro6ert4 $2$ ;o* or off27er Bra*n:ort5 7on$*7t a 4ear75 of t5e 4*4+e7tM
Cra:for$ off27er Bra*n :ort5 a4=e$ 52, 2f 5e 5a$ an; :ea+on4 on 52, 5e 4a2$ 5e $2$ not :e a4=e$
52, 2f :e 7o*3$ 9o a5ea$ an$ ,a=e 4*re t5at 5e $2$ not 5a#e an; :ea+on4 on t5e, 5e 4a2$ :e 7o*3$
Ro6ert4 o=a; 3et ,e a4= ;o* an$ 3et ,e 4to+ ;o* D*4t r295t t5ere at t524 +o2nt ;o* =no: 5e@4 t5ere for
:5at t;+e of 75ar9e
Cra:for$ Pett; 3ar7en;
Ro6ert4 an$ 24 t5at ro*t2ne for ;o* to a4= a6o*t :5et5er or not 2f ;o* are 9o2n9 to ta=e 4o,eone 2nto
7*4to$; a4= :5et5er not t5e; 5a#e an; :ea+on4
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01616
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Cra:for$ ;e4 2t 24
Ro6ert4 an$ 24 2t ro*t2ne for ;o* to 7onf2r, a44*,2n9 t5e; 7on4ent to Pat Donna ,a=e 4*re t5at t5e;
$on@t 5a#e an; :ea+on4
Cra:for$ ;e4 2t 24
Ro6ert4 an$ t5at@4 :5at ;o* $o :2t5 t524 +art27*3ar 4*4+e7tM
Cra:for$ 7orre7t3; to3$ ,e not to 9o 2nto 524 +o7=et4 6*t t5at I 7o*3$ 4ear75 for :ea+on4 4o I 4ear75
t5e o*ter 73ot52n9 of 524 +o7=et4 to ,a=e 4*re 5e $2$n@t 5a#e an; :ea+on4 5e $2$ not 5a#e :ea+on4
Ro6ert4 4o 5e 32,2te$ 524 7on4ent
Cra:for$ ;e4 5e $2$
Ro6ert4 an; re4+e7t to t5at 32,2tat2on
Cra:for$ ;e4 ,a@a,
Ro6ert4 $2$ t5at 5a++en 6efore or after ;o* :ere a4=2n9 52, 8*e4t2on4 7on7ern2n9 t5e 2nfor,at2on
;o* nee$e$ to f233 o*t t5e 72tat2onM
<E:A0:E0 +",")
Cra:for$ after
Ro6ert4 at 4o,e +o2nt $2$ ;o* 7ont2n*e to tr; to 9et 2nfor,at2on 4o t5at 45e 7o*3$ f233 o*t a 72tat2on
Cra:for$ I 6e32e#e I a4=e$ 52, 4e#era3 t2,e4 for 2nfor,at2on an$ tr2e$ to eC+3a2n to 52, t5at t5e
72tat2on :o*3$ 6e 6etter t5at 2t :o*3$ 6e 6etter to ta=e a 72tat2on t5an 9o2n9 to Da23 a33 5e 5a$ to $o :a4
+ro#2$e ,e t524 2nfor,at2on" H24 ar9*,ent :a4 t5at 2t :a4 t5e 4a,e eCa7t 75ar9e an$ t5at I :a4n@t
5e3+2n9 52, an$ a33" I 4a2$ :e33 2t ;o* :o*3$n@t 5a#e to 9o to Da23 ;o* 7o*3$ 9o 5o,e ton295t an$ 5e
4t233 ref*4e$ to an4:er an; 8*e4t2on4 an$ a4=e$ for an attorne;"
<E:AA:00 +",")
< Here Off27er Cra:for$ 24 3;2n9 *n$er oat5" He 24 atte4t2n9 t5at 5e offere$ to 42,+3; :r2te a 72tat2on
an$ t5*4 4+are t5e a77*4e$ t5e 7*4to$2a3 arre4t 2f on3; t5e ACCUSED 1OULD FPROVIDE HIS
INFORMATIONG AND SPECIFICALLY OFFICER CRA1FORD IS INDICATING THAT HE
DID NOT PREMISE THE DECISION BET1EEN ISSUING A CITATION OR EFFECTING A
CUSTODIAL ARREST <AND OF COURSE CONDUCTING A SEARCH INCIDENT THERETO
THAT ARREST) UPON 1HETHER OR NOT THE SUSPECT ADMITTED GUILT AS TO THE
PETTY LARCENY CHARGE" HO1EVER THAT IS ESACTLY 1HAT HAPPENED ON
SEPTEMBER %TH A.00 AT 1ALMART" BOTH FRONTINO AND CRA1FORD
SPECIFICALLY INDICATED TO THE ACCUSED THAT IF HE 1OULD ONLY ADMIT HIS
GUILT THEY 1OULD ISSUE HIM A CITATION AND THEREFORE HE COULD AVOID A
TRIP TO PARR BOULEVARD AND A SEARCH INCIDENT TO ARRESTK" THIS IS LIKELY
THE MAIN APPEALABLE ISSUE IN THIS CASE IE 1HETHER THE POLICE CAN BASE
THE DECISION TO ARREST RATHER THAN ISSUE A CITATION UPON 1HETHER OR
NOT THE SUSPECT CONFESSES GUILT RATHER THAN UPON SOME REASONABLY
ARTICULATED SUSPICION)")
Ro6ert4 o=a; 4o on7e 5e a4=e$ for t5e attorne; :a4 :a4 ;o*r $e7242on?,a=2n9 +ro7e44M
Cra:for$ I a$#24e$ 52, t5at I 7o*3$ no 3on9er a4=2n9 an; 8*e4t2on4 I ,ean I 7o*3$ 5a#e a4=e$ 52,
8*e4t2on4 re3ate$ to $ate of 62rt5 an$ 4t*ff 32=e t5at 6*t I 7o*3$n@t a4=2n9 8*e4t2on4 a6o*t t5e 7r2,e an$
t5en +3a7e$ 52, *n$er arre4t for +ett; 3ar7en; 6e7a*4e 5e ref*4e$ to 92#e t5e 2nfor,at2on to f233 o*t
t5e 72tat2on or to r*n 524 na,e for :arrant4 an$ 5e :a4 +3a7e$ *n$er arre4t at t5e t2,e"
- 'E>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01617
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<E:AA:&E +"," THE ABOVE REPRESENTS 1HAT I FIND MOST OBBECTIONABLE ABOUT
THIS CASE" COUGHLIN <ACCORDING TO BAR COUNSEL PATRICK O" KING COUGHLIN
FUSED TO BE AN ATTORNEYG AND KING THINKS ITS BUST FTERRIBLEG SAID IN A
REAL MOCKING>DERISIVE TONE BY KING TO COUGHLIN THAT COUGHLIN IS FNO
LONGER AN ATTORNEYG"""KING ALSO HAS MADE A GREAT DEAL OF FALSE AND
MISLEADING STATEMENT TO AND ABOUT COUGHLIN AND REFUSED TO PROVIDE
COUGHLIN COPIES OF MOST OF 1HAT 1AS PROVIDED TO KING INCIDENT TO THE
VARIOUS FGRIEVANCESG FILED BY RICHARG G" HILL ES!" AND BUDGE DOROTHY
NASH HOLMES <1HOSE BOUNTY OF MATERIALS PROVIDED TO KING INCLUDE ITEMS
THAT HOLME@S FELLO1 RENO MUNICIPAL COURT BUDGE HONORABLE BUDGE
1ILLIAM GARDNER RECEIVED FROM #! !$%&' SECOND BUDICIAL DISTRICT COURT
BUDGE LINDA GARDNER IN THE FORM OF A ( YEAR OLD SANCTION ORDER ISSUED
BY HON" LINDA GARDNER AGAINST COUGHLIN FOR 1HICH COUGHLIN FILED A
PETITION FOR 1RIT OF MANDAMUS AND 1AS ACCORDING TO HIS THEN
EMPLOYER 1ASHOE LEGAL SERVICES AND ITS ESECTUTIVE DIRECTOR PAUL
ELCANO FIRED FOR AND ONLY FOR THE CONDUCT BEFORE BUDGE LINDA
GARDNER THAT LED TO HER ISSUING SANCTIONS AGAINST COUGHLIN IN A DIVORCE
TRIAL 1HEREIN HE REPRESENTED A VICTIM OF DOMESTIC VIOLENCE INCIDENT TO
HIS POST AS A DOMESTIC VIOLENCE ATTORNEY 1ITH 1LS")
Co*9532n 4orr; I D*4t :o*3$ 32=e to 2nterDe7t 5ere :2t5 an o6De7t2on to t5e eCtent t5at an; 2nfor,at2on
93eane$ a re7o#ere$ for an arre4t for a ,24$e,eanor t5at $2$ not o77*r :2t52n t5e off27er4 +re4ent
45o*3$ 6e eC73*$e$ t5e a7t*4 re*4 2n#o3#e$ 2n t524 7r2,e 75ar9e 24 a33e9e$ to 5a#e o77*rre$ o*t42$e of
t524 off27er4 +re4en7e an$ NRS +ro#2$e4 t5at 2f t5at 24 t5e 7a4e no 7*4to$2a3 arre4t 24 +er,244263e a4
4*75 an; 4ear75 2n72$ent to arre4t an; 4*75 7*4to$2a3 arre4t 45o*3$ 6e eC73*$e$
Ho:ar$ M4" Ro6ert4
Ro6ert4 Yo*r Honor t524 off27er atte,+te$ to 6*23$ t5e 244*e t5e 4*4+e7t a 72tat2on an$ 2t@4 524 o:n
a7t2on4 t5at +re#ente$ 52, fro, $o2n9@4 D*4t t5at 6e7a*4e 5e 7an@t f233 o*t t5e 72tat2on 2f 5e $oe4n@t
=no: t5e 2nfor,at2on t5at t5e $efen$ant 2n t5e 4*4+e7t 2n t524 7a4e :a4 *n:2332n9 to 92#e to 52, t5ere
:a4 a 7o,+3a2nant t5at o64er#e$ t5e ,24$e,eanor a7t2on an$ :5at 5e 24 $o2n9 24 affe7t2n9 arre4t
6a4e$ *+on 4tate,ent of an e;e:2tne44 t5at :a4 r295t t5ere I $on@t 6e32e#e t5ere :a4 an *n3a:f*3 arre4t
6; t524 +o327e off27er"
<E:A&:.A +",")
Ho:ar$ t5e o6De7t2on 24 o#err*3e$ Mr" Co*9532n +re72+2tate$ t5e nee$ to arre4t 52, 6; ref*42n9 to
+ro#2$e t5e nee$e$ 2nfor,at2on for t5e 72tat2on 9o a5ea$
Ro6ert4 Of7" Cra:for$ :5en ;o* after ;o*
Co*9532n on D*4t Internet o6De7t2on t5at t5at 24 a fa7t*a3 $eter,2nat2on t5at 5a4 a++arent3; 6een r*3e$
*+on +r2or to an; 7o*nter e#2$en7e t5e 29n2te$ or ,; 6e2n9 92#en an; 75an7e to 4o a$,2t 4*75 7o*nter
e#2$en7e
Ho:ar$ ;o* :233 5a#e an o++ort*n2t; to 7ro44?eCa,2ne t524 :a4
Ro6ert I D*4t :on$ere$ 5o: 3on9 2t :a; 6efore I 9ot 2nterr*+te$ 6efore I a4=e$ ,; neCt 8*e4t2on
<E:A&:.E +",)
Ro6ert4 Of7" Cra:for$
- '->%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01618
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Ho:ar$ 3et ,e 4a; an$ t524 24 for ;o*r 6enef2t on7e a9a2n :e :233 5a#e a 5ear2n9 2n re9ar$ to 7ontent
on7e t524 +ro7ee$2n9 24 7on73*$e$ 4o e#er; t2,e ;o* en9a9e 2n one of t5e4e *n+rofe442ona3 a7t4 I@,
=ee+2n9 7o*nt an$ :e :233 a$$re44 t5e, at t5e en$ of t524 tr2a3 o"e t("g (as "ot("g to do *t( t(e
ot(er I :233 ,a=e a 4e+arate an$ 2n$e+en$ent $e7242on 2n re9ar$ to 9*23t or 2nno7en7e 6*t I 5a#e
a3rea$; ,a$e a f2n$2n9 2n re9ar$ to 7onte,+t :2t5 t5at 9o a5ea$ an$ +ro7ee$
Co*9532n an$ I@33 enter an o6De7t2on :2t5 re9ar$ to t5e fa7t t5at"""
Ho:ar$ % do"3t *a"t to (ear a"yt("g fro' yo$ at t(s &o"t t'eALQROJJRQOAJMN
Co*9532n at t5e +o4426232t; of Da23 t2,e eC24t I 5a#e a r295t to 7o*n4e3
<So THAT MAY BE THE EVEN BIGGER APPEALABLE ISSUE HERE" FALSE
IMPRISONMENT
NRS A.."&-. Def2n2t2onK +ena3t;"
0" Fa34e 2,+r24on,ent 24 an *n3a:f*3 #2o3at2on of t5e +er4ona3 326ert; of anot5er an$
7on424t4 2n 7onf2ne,ent or $etent2on :2t5o*t 4*ff272ent 3e9a3 a*t5or2t;"
A" A +er4on 7on#27te$ of fa34e 2,+r24on,ent 45a33 +a; a33 $a,a9e4 4*4ta2ne$ 6; t5e
+er4on 4o 2,+r24one$ an$ eC7e+t a4 ot5er:24e +ro#2$e$ 2n 4*64e7t2on ( 24 9*23t; of a
9ro44 ,24$e,eanor"
NRS 0'0"0A- Arre4t 6; +r2#ate +er4on"
A +r2#ate +er4on ,a; arre4t anot5er:
0" For a &$bl! offe"se !o''tted or atte'&ted " (s &rese"!e"
A" 15en t5e +er4on arre4te$ 5a4 7o,,2tte$ a fe3on; a3t5o*95 not 2n 524 +re4en7e"
(" 15en a fe3on; 5a4 6een 2n fa7t 7o,,2tte$ an$ 5e 5a4 rea4ona63e 7a*4e for
6e32e#2n9 t5e +er4on arre4te$ to 5a#e 7o,,2tte$ 2t"
C2t; Attorne; Ro6ert4 offere$ te4t2,on; fro, 6ot5 Front2no an$ Off27er Cra:for$
+*r+ort2n9 to e4ta63245 t5at Front2no $2$ not ,a=e a 72t2Len@4 arre4t" Ho:e#er Front2no $2$ 2nfor,
Co*9532n 2n an eCtre,e3; 5o4t23e an$ a*t5or2tat2#e tone t5at Co*9532n F5a$G to F7o,e :2t5G
Front2no 6a7= to t5e 3o44 +re#ent2on roo, 2n or$er for 1a3?Mart to F7o,+3ete t524 2n#e4t29at2onG"
Co*9532n 73ear3; fe3t 5e 5a$ no 75o27e 2n t5e ,atter an$ t5at an; fa23*re to 7o,+3; :2t5 Front2no@4
$27tate4 :o*3$ 6e e8*2#a3ent to re424t2n9 a 45o+=ee+er@4 +r2#23e9e to ,a=e a t;+e of 72t2Len@4 arre4t"
To t5e eCtent 1a3?Mart an$ Front2no are #2e:e$ to 5a#e ,a$e t5e arre4t *n$er NRS 0'0"0.& t5en
Co*9532n 73ear3; <6ot5 of t5e Interro9at2on Roo, #2$eo4 e4ta63245 t5at Co*9532n 5an$e$ 524 State of
Ne#a$a $r2#er@4 327en4e to Off27er Cra:for$ $e4+2te Off27er@4 Cra:for$4 4:orn eC+re44 te4t2,on;
to t5e 7ontrar;" In 4o $o2n9 an$ +ro#2$2n9 524 na,e an$ a$$re44 to Off27er Cra:for$ <an$
Co*9532n@4 a$$re44 24 73ear3; 2n$27ate$ on 524 $r2#er@4 327en4e a4 :e33) Co*9532n +ro#2$e$ a33 t5e
re8*2re$ 2nfor,at2on 4et fort5 2n NRS 0'0"0''& for t5e 244*an7e of a 72tat2on after arre4t 6; a
+r2#ate +er4on *n$er NRS 0'0"0''A"
NRS 0'0"0.& Arre4t $ef2ne$K 6; :5o, ,a$e"
An arre4t 24 t5e ta=2n9 of a +er4on 2nto 7*4to$; 2n a 7a4e an$ 2n t5e ,anner a*t5or2Le$
6; 3a:" A" arrest 'ay be 'ade by a &ea!e off!er or by a &r)ate &erso""
NRS 0'0"0''A %ss$a"!e of !tato" after arrest by &r)ate &erso".
- ''>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01619
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15ene#er an; +er4on 24 arre4te$ 6; a +r2#ate +er4on a4 +ro#2$e$ 2n NRS 0'0"0A- for
an; #2o3at2on of a 7o*nt; 72t; or to:n or$2nan7e or 4tate 3a: :5275 24 +*n245a63e a4 a
,24$e,eanor s$!( &erso" arrested 'ay be ss$ed a 'sde'ea"or !tato" by a
&ea!e off!er " le$ of be"g ''edately ta-e" before a 'agstrate by t(e &ea!e
off!er f:
0" T(e &erso" arrested f$r"s(es satsfa!tory e)de"!e of de"ttyK an$
A" T5e +ea7e off27er 5a4 reaso"able gro$"ds to 6e32e#e t5at t5e +er4on arre4te$ :233
=ee+ a :r2tten +ro,24e to a++ear 2n 7o*rt"
NRS 171.177: For' a"d !o"te"ts of !tato"2 ?(e" ss$ed after arrest by &r)ate
&erso".
0" In t5o4e 2n4tan7e4 $e47r26e$ 2n NRS 0'0"0''A t5e +ea7e off27er 4*,,one$ after t5e
arre4t 45a33 +re+are a ,24$e,eanor 72tat2on ,an*a33; or e3e7tron27a33; 2n t5e for, of a
7o,+3a2nt 244*2n9 2n t5e na,e of FT5e State of Ne#a$aG or 2n t5e na,e of t5e
re4+e7t2#e 7o*nt; 72t; or to:n an$ 7onta2n2n9:
<a) A not27e to a++ear 2n 7o*rtK
<6) T(e "a'e a"d address of t(e &erso"C
<7) T5e 4tate re924trat2on n*,6er of 524 #e5273e 2f an;K
<$) T5e offen4e 75ar9e$ 2n73*$2n9 a 6r2ef $e47r2+t2on of t5e offen4e an$ t5e NRS or
or$2nan7e 72tat2onK
<e) T5e t2,e :5en an$ +3a7e :5ere t5e +er4on 24 re8*2re$ to a++ear 2n 7o*rtK
<f) S*75 ot5er +ert2nent 2nfor,at2on a4 ,a; 6e ne7e44ar;K an$
<9) T5e 429nat*re4 of t5e +r2#ate +er4on ,a=2n9 t5e arre4t an$ t5e +ea7e off27er
+re+ar2n9 t5e 72tat2on"
NRS 0'0"0A& Arre4t 6; +ea7e off27er or off27er of Dr*9 Enfor7e,ent A$,2n24trat2on"
0" EC7e+t a4 ot5er:24e +ro#2$e$ 2n 4*64e7t2on ( an$ NRS ((".'. an$ (("(A. a
+ea7e off27er or an off27er of t5e Dr*9 Enfor7e,ent A$,2n24trat2on $e429nate$ 6; t5e
Attorne; Genera3 of t5e Un2te$ State4 for t5at +*r+o4e ,a; ,a=e an arre4t 2n
o6e$2en7e to a :arrant $e32#ere$ to 52, or 5er or ,a; :2t5o*t a :arrant arre4t a
+er4on:
<a) For a +*6327 offen4e 7o,,2tte$ or atte,+te$ 2n t5e off27erP4 +re4en7e"
<6) ?(e" a &erso" arrested (as !o''tted a felo"y or gross 'sde'ea"or+
alt(o$g( "ot " t(e off!erSs &rese"!e.
NRS 0'0"0A&<0)<6): F<6) 15en a +er4on arre4te$ 5a4 7o,,2tte$ a fe3on; or 9ro44
,24$e,eanor a3t5o*95 not 2n t5e off27erP4 +re4en7eG :a4 73ear3; #2o3ate$ 5ere 6; Off27er4 Cra:for$
an$ Bra*n:ort5" T5e 75ar9e$ 7r2,e F+ett; 3ar7en;G RMC /"0.".0. 24 a 42,+3e ,24$e,eanor an$
2t :a4 not a33e9e$ to 5a#e o77*rre$ 2n t5e off27er@4 +re4en7e" Enter Off27er Cra:for$@4 +erD*r; a6o*t
Co*9532n fa232n9 to +ro#2$e Off27er Cra:for$ 524 327en4e" Enter a nat2ona33; +*63245e$ A44o72ate$
Pre44 4tor; t2t3e FReno Attorne; S*4+ene$ for S5o+32ft2n9G" Enter #a4t $a,a9e to Co*9532n@4
+rofe442ona3 re+*tat2on an$ +er4ona3 32fe 2n73*$2n9 t5e 2n4tant te,+orar; 4*4+en42on an$ 3oo,2n9
D2472+32nar; Boar$ for,a3 5ear2n9" T5en t5ere 24 t5e 63oo$ 2n t5e :ater 45ar=4 32=e R275ar$ G" H233
E48" +re; *+on 3e#era92n9 to t5e2r a$#anta9e :2t5 a33 t5e 2nn*en$o t5e; 7an ,*4ter <H233 ,a$e ta7=;
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01620
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a33e9at2on4 of f2n$2n9 a F7ra7= +2+e an$ a 6a9 of :ee$G 2n Co*9532n@4 for,er 5o,e 3a: off27e t5o*95
H233 ne#er $2$ ,ana9e to +ro$*7e a +27t*re of 4*75 2te,4 or eC+3a2n :5at 5e $2$ :2t5 t5e, or :5; 5e
$2$ not 7a33 t5e +o327e to re+ort t5e 7r2,e of +o44e442on"""7erta2n3; R275ar$ 5a4 7a33e$ t5e Reno Po327e
De+art,ent or Bar Co*n4e3 at e#er; ot5er +o44263e o++ort*n2t; 4o""""B*t at 3ea4t H233 ,a$e 524 fa34e
$efa,ator; an$ $e73a44e a33e9at2on4 a9a2n4t one :5o, 5a4 +*t 2n t5e 5ar$ t2,e a,on94t t5o4e
3a:;er4 7on7erne$ for 3a:;er4 <an$ a fe: D*$9e4) :5o, 5a#e 4tare$ t52n94 $o:n t5at 4o,eone of
H233@4 $e+t5 :o*3$ f2n$ to 6e an *nfat5o,a63e a6;44" 12t5o*t t5e a33e9e$ 7r2,e 6e2n9 7o,,2tte$ 2n
t5e2r +re4en7e t5e4e Tr26a3 Po327e Off27er4 <an$ Off27er Cra:for$ :a4 2n 524 f2r4t t:o :ee=4 on t5e
Do6 at t5e t2,e of t524 arre4t an$ 4t233 a tra2nee :5275 24 o6#2o*4 6; t5e :a; 5e 9ra64 Co*9532n@4
45o++2n9 6a9 o*t of Co*9532n@4 3a+ at 3ea4t t:27e +r2or to t5e te75n27a3 +o2nt of arre4t a4 e#2n7e$ on
t5e t:o Interro9at2on Roo, #2$eo4) 5a$ to atte,+t to 9a,e t5e 4;4te, 4o,e 6; offer2n9 +erD*re$
te4t2,on; t5at 24 73ear3; 7ontra$27te$ 6; t5e t:o Interro9at2on Roo, #2$eo4 t5at +ro4e7*tor C2t;
Attorne; Pa, N2fon9 er Pa,e3a Ro6ert4 E48" offere$ to B*$9e Ho:ar$ $e4+2te t5e fa7t t5at SHE
KNE1 IS 1AS FALSE" 1HY DOESN@T BAR COUNSEL ACCEPT MY GRIEVANCE
AGAINST PAM ROBERTSM DOES SHE PLAY 1ITH SOME NET THAT THE REST OF US
SOLO PRACTITIONERS ARE NOT GRANTEDM IS SHE A PROTECTED MEMBER OF SOME
ESTABLISHMENT LIKE ALL THE PUBLIC DEFENDERS 1HOM ARE SEEMINGLY HELD
TO AN ENTIRELY DIFFERENT STANDARD OF PROFESSIONAL CONDUCT THAN ARE
THOSE THE SUBBECT OF THE FGRIEVANCESG FILED BY RICHARD G" HILL ES!" <on
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4te+4 t5at ;o* ta=e to +*t 4o,eone 2n 7*4to$;
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01621
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Ro6ert4 an$ :5at 24 t5e rat2ona3e for $o2n9 t5at
Cra:for$ to +rote7t t5e off27er 2t@4 a 4afet; 244*e fro, 52, 9ett2n9 2nto t5e +atro3 7ar or +rote7t2n9
52,4e3f 2n 7a4e 5e 5a4 an; :ea+on4 4o 5e $oe4n@t 5*rt an off27er or 52,4e3f
<E:A-:(E +"," ITS FUNNY BECAUSE SOME MIGHT SAY THE TERRY PAT DO1N
1EAPONS SEARCH TESTIFIED TO EARLIER SHOULD HAVE ACCOMPLISHED THE
OBBECTIVES OFFICER CRA1FORD BUST MENTIONED BUT GUESS NOT"""EVEN
THOUGH AT THIS POINT THE DEFENDANT 1OULD HAVE HIS HANDS CUFFED BEHIND
HIS BACK)
Ro6ert4 an$ :5en ;o* 7on$*7te$ a 4ear75 2n72$ent to arre4t $2$ ;o* f2n$ an; 2te,4 re3ate$ to t5e
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Ro6ert4 :5at $2$ ;o* 4ee
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Ro6ert4 o=a; :5en ;o* are t5ere +r2or to 6e2n9 +3a7e$ *n$er arre4te$ t5e $efen$ant ,a=e an;
4tate,ent4 to ;o* re9ar$2n9 524 9*23t or 2nno7en7e
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arre4t :5at $2$ ;o* $o neCt
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Ro6ert4 an$ :5ere $2$ ;o* tran4+ort 52, to
Cra:for$ 1a45oe Co*nt; S5er2ff@4 off27e
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to +*t t5e, 2nto a 4eat6e3t I :a4 tr;2n9 to 6e +o32te to 52, 6e7a*4e :e@re 5a#2n9 4o ,an; 244*e4 I
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Co*9532n No 42r t5at 24 not 7orre7t
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01622
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Co*9532n I $on@t a7=no:3e$9e t5at 75ara7ter2Lat2on a4 7orre7t"
Ro6ert4 Of7" Cra:for$ after 5e t5re: 52,4e3f aro*n$ 2n t5e 6a7= of ;o*r +atro3 7ar :a4 t5ere an;
t52n9 e34e t5at 5a++en4 6efore ;o* 9ot t5e Da23 2n#o3#2n9 t5e 4*4+e7t
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re7on4tr*7t2on an$ 7o3on; t52n=4 t5at nat*re D*4t 4tate,ent4
Ro6ert4 I 5a#e no f*rt5er 8*e4t2on4 for t524 :2tne44
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eC7e44 of E. ,23e4 an 5o*r t5at 2t :a4 ne9329ent for ;o* an$ ;o*r +artner to fa23 to 6ot5 +*t a 4eat6e3t
on t5e a77*4e$ or offer to an$ f*rt5er ne9329en7e :a4 eC5262te$ 2n ;o*r fa23*re to $o 4o on7e t5e
a77*4e$ re8*e4te$ T ;o* $o 2f 4o +*t a 4eat6e3t on t5e a77*4e$
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tra#e32n9 2n eC7e44 of 4+ee$4 E. ,2">5 on t5e free:a; :2t5o*t a 4eat 6e3t
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Co*9532n $2$ ;o* +er7e2#e t5e 3oan
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01623
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Co*9532n :5; not
Cra:for$ 6e7a*4e 2t@4 not +o327; to +*33 o#er on t5e 42$e of t5e free:a; to +*t a 4eat6e3t on :2t5
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Ho:ar$ Mr" Co*9532n :e 5a#e 6een $o:n t524 roa$ 6efore 6*t :5at 24 t5e re3e#an7e :2t5 re9ar$4
;o*r 9*23t or 2nno7en7e on t5e +ett; 3ar7en; of :5et5er or not ;o* are +ro#2$e$ 4eat6e3tM
Co*9532n I :o*3$ 32=e to
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believe... M295t@#e 6een 524 5ea$""",295ta 6een 524 foot""""GI D*4t $on@t =no:G""" 24 t5at tr*eM
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<E:(E:E/ +"," GOOD GA1D 1AS THAT A SHAKEY DEPICTION OF THINGS THAT MIGHT
HAVE HAPPENED MISED 1ITH FACTUAL TIDBITS CONNOTING CERTAINTY DRESSED
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01624
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01625
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Co*9532n 4o 2t@4 a =27= no: an$ not a 5ea$ 6*ttM
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01626
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01627
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a:are of B*$9e Na45 Ho3,e4 3etter to t5e State Bar of Ne#a$a 7on7ern2n9 Co*9532n" B*$9e Na45
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7o+; of t5e Or$er B*$9e Na45 Ho3,e4 a33e9e$3; 244*e$ on on Mar75 A/t5 A.0A *nt23 Co*9532n fo*n$
2t atta75e$ to a SCR 00' Pet2t2on" B*$9e Na45 Ho3,e4 a33e9e$3; $e3a;e$ t5e 4tart of Co*9532n@4 traff27
t27=et Tr2a3 2n 00 TR A-/.. to ,eet an$ 7onfer :2t5 B2ra; Do9an of t5e 1a45oe Co*nt; P*6327
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a 7r2,2na3 7o,+3a2nt for 7r2,2na3 tre4+a44 an$ 5a$ Co*9532n arre4te$ at Co*9532n@4 for,er 3a: off27e
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2n4t2t*te$ D*4t +r2or to Co*9532n@4 arre4t an$ 7on#27t2on for +et2t 3ar7en; of a 7an$; 6ar fro, a 1a3?
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01628
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tr2a3 4et for B*ne 0/t5 A.0A <an$ t5e 4+e7tre of B*$9e Gar$ner 4enten72n9 Co*9532n to an eCten$e$
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a7t2on a9a2n4t 2n re4+on4e to t5e A+r23 A..% 4an7t2on4 6; B*$9e L2n$a Gar$ner a9a2n4t Co*9532n"
F*rt5er B*$9e 12332a, Gar$ner :or=e$ for t5e C2t; of Reno a4 a +ro4e7*tor a4 re7ent3; a4 t:o ;ear4
a9o an$ Co*9532n 5a4 a +en$2n9 32t29at2on ant272+ate$ f*t*re 32t29at2on an$ or a +a4t ,atter :5ere2n
t5e C2t; of Reno an$ t5e C2t; Attorne;@4 off27e are ar9*a63; +art2e4 t5ereto:
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CV00?.(0A- ? ZACH COUGHLIN VS" MATT MERLISS M"D" et a3"
F232n9 Date: 1e$ne4$a; O7to6er A-t5 A.00 T;+e: GC ? GENERAL CIVIL
B*t 7erta2n3; t5e Reno B*4t27e Co*rt 24 324te$ a4 a +art; an$ Ne#a$a Co*rt Ser#27e4 24 324te$
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,ot2on 2n :r2t2n9 re8*e4t2n9 524 :2t5$ra:a3 a4 attorne; of re7or$"
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MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01629
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B*$9e Na45 Ho3,e4 5a4 re7ent3; 7o+2e$ an$ +a4te$ +rett; ,*75 t5e ent2re 7ontent4 of t5e
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4en$2n9 t5e State Bar of Ne#a$a 6oCe4 of ,ater2a34 45e fee34 2n$27ate Co*9532n@4 H$e7o,+en4at2n9H
,ater2a34 t5at 2n73*$e$ f232n94 fro, t5e 7r2,2na3 tre4+a44 ,atter B*$9e 12332a, Gar$ner 24 +re42$2n9
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a*$2o of t5at Tr2a3 :5275 24 a H+*6327 re7or$H"
In72$enta33; at t5at Tr2a3 B*$9e Na45 Ho3,e4 4*$$en3; $e,an$e$ of Co*9532n fo33o:2n9 a
re4troo, 6ra=e :5ere2n 45e ref*4e$ to a33o: Co*9532n to ta=e 524 ;e33o: 3e9a3 +a$ :2t5 52, to t5e
re4troo, a4 to :5et5er Co*9532n 5a4 a Hre7or$2n9 $e#27eH an$ :5et5er 5e :a4 Hre7or$2n9H at t5at
t2,e" Prett; ,*75 2,,e$2ate3; t5ereafter B*$9e Na45 Ho3,e4 2n +er5a+4 a +reteCt*a3 effort to effe7t
- //>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01630
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a 4ear75 2n72$ent to arre4t an$ a33o: 5er4e3f to 6e a64o3*te3; 4*re of a33 t5at :a4 on Co*9532n@4 +er4on
an$ :5et5er 2t ,a; 5a#e 2n73*$e$ a re7or$2n9 $e#27e t5at :a4 re7or$2n9 at t5at t2,e $e72$e$ t5at
Co*9532n 5a$ 7o,,2tte$ 4*,,ar; 7onte,+t 2n 5er +re4en7e an$ 4enten7e$ 52, to E $a;4 2n Da23
6e92nn2n9 r295t t5en an$ $en2e$ a 4ta;" B*$9e Na45 Ho3,e4 a34o =e+t a O0.. 6on$ fro, Co*9532n@4
,ot5er $e4+2te t5e fa7t t5at t5e 1a45oe Co*nt; Ba23 $2$ not re3ea4e Co*9532n +r2or to t5e eC+2rat2on of
t5e E $a;4"
RMC Mar45a33 S7ott Co++a :5o, :a4 2n t5e +art; tran4+ort2n9 Co*9532n to 1a45oe Co*nt;
Ba23 :2t5 t5e 4,art +5one an$ ,27ro 4$ 7ar$ t5at 4ee,e$ to $24a++ear for 8*2te a :523e an$ tra#e3 6a7=
an$ fort5 6et:een t5e Da23 t5e RMC an$ +er5a+4 t5e 1CDA an$ ,a;6e 4o,e ot5er4 +3a7e4 on3; to
f2na33; ,a=e 2t4 :a; 6a7= to Co*9532n 4o,e (' $a;4 3ater :2t5 a33 t5e $ata :2+e$"""t5at Mar45a3
Co++a 4ent t5e State Bar of Ne#a$a a 3etter 7o,+3a2n2n9 t5at Co*9532n :ante$ to 4ee t5e $o7=et 2n a
RMC 7a4e an$ t5at Co*9532n :a4 Ha4=2n9 8*e4t2on4H an$ 4t*ff an$ D*4t 9enera33; not 9ett2n9 t5e
:5o3e +o327e 4tate t52n9 Mar45a33 Co++a an$ Har3e; et a3 32=e to 9et on :2t5 $o:n t5ere at t5e RMC"
Co*9532n@4 P*6327 Defen$er B2ra; Do9an E48" an$ 524 6o44 Bere,; Bo43er an$ B2, Le432e
5a#e ref*4e$ to re4+on$ to Co*9532n@4 2n8*2r2e4 a4 to :5; an$ :5et5er Do9an ,et :2t5 Reno
M*n272+a3 Co*rt B*$9e Dorot5; Na45 Ho3,e4 <:5o4e 4taff 7o*3$ not 3o7ate 5er for a 9oo$ &. ,2n*te4
:523e Co*9532n an$ RPD Sar9ent Bo5n Tarter :a2te$ for t5e 0:..+, Tr2a3 to 4tart 2n 00 TR A-/..
:5ere2n Tarter 5a$ 244*e$ Co*9532n t5ree traff27 t27=et4 2,,e$2ate3; after te332n9 Co*9532n to 3ea#e
R275ar$ G" H233@4 off27e :5ere H233 :a4 :2t55o3$2n9 Co*9532n@4 4tate 244*e$ 2$ent2f27at2on <$r2#er@4
327en4e) an$ Co*9532n@4 :a33ett an$ 732ent@4 f23e4 a4 :e33 5a4 7o,+*ter 5ar$ $r2#e4 <at 3ea4t one 5ar$
$r2#e :a4 a77e44e$ $*r2n9 t5e - :ee=4 2t an$ Co*9532n@4 732ent@4 f23e4 re,a2ne$ 2n H233@4 +o44e442on
<H233 5a$ to 9o on #a7at2on for - :ee=4 4o $e4+2te t5e $27tate of a 5ear2n9 :2t52n 0. $a;4 of
Co*9532n@4 No#e,6er 0-t5 A.00 f232n9 of a Mot2on to Conte4t Per4ona3 Pro+ert; L2en *n$er NRS
- /%>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01631
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&."AE(<')?</) a 5ear2n9 :a4 not 5e3$ *nt23 De7e,6er A.t5 A.00 at :5275 t2,e B*$9e SferraLLa ,a$e
Co*9532n +a; O&/. for H4tora9e fee4H of 524 +er4ona3 +ro+ert; $e4+2te t5e fa7t t5at 2t4 :a4 on3; 4tore$
for 0' $a;4 an$ :o*3$ f2t 2n a 0. C (. 4tora9e 45e$ t5at :o*3$ nor,a33; 7o4t a6o*t <O0.. +er ,ont5)
an$ $e4+2te H233 5a#2n9 a$,2tte$ t5at t5e 42te of Co*9532n@4 for,er 3a: off27e :a4 6*r93ar2Le$ on
De7e,6er 0At5 A.0A an$ t5at H233 :a4 not 4*re :5at ;o* 32=e t524 92r3 5ot a33 :a4 4to3en eC7e+t t5at
5e $2$ not27e t5e -A 2n75 DLP HDTV :a4 ,2442n9 a4 :e33 a4 4o,e ot5er f3at 47reen4 5295 en$ a*$2o
e8*2+,ent an$ t5at t5e 3a: off27e 3oo=e$ 7o,+3ete3; torn a4*n$er"
12t5 Co*9532n@4 7on#27t2on 6; B*$9e4 Gar$ner an$ Na45 Ho3,e4@ Reno M*n272+a3 Co*rt 7o?
D*$9e B*$9e Kennet5 Ho:ar$ <:5o, a34o 4enten7e$ Co*9532n to ( $a;4 2n Da23 for H4*,,ar;
7onte,+t t5o*95 a++arent3; *n32=e B*$9e Na45 Ho3,e4 not 7onte,+t of a H7r2,2na3H nat*re) 2n
RMC 00 CR AA0'- t5e 2n72$ent to t5e 1a3?Mart H7an$; 6ar an$ 7o*95 $ro+4H +et2t 3ar7en; ,atter
for :5275 Co*9532n :a4 7on#27te$ an$ 5a$ 524 3a: 327en4e 4*4+en$ re7ent3; ,a=2n9 2t 2nto a 4tor; 6;
t5e A44o72ate Pre44 <AP) +*63245e$ 2n 3o7a3e4 a4 far a:a; a4 In$2ana 2t :233 6e 2ntere4t2n9 to 4ee
:5et5er an; of t5e a6o#e ,a=e4 a 7an$; 6ar 3oo= a 32tt3e de minimis"
F2na33; t5e *n$er429ne$ a7=no:3e$9e4 t5at t524 4*6,2442on 24 rat5er 3en9t5; 5o:e#er t5e
*n$er429ne$@4 an$ 524 fa,23;@4 32#e4 :ere ne9at2#e3; affe7te$ 2n t5e eCtre,e 6a7= 2n A..A :5en 5e
too= t5e Fa$#27eG of t5e C5ara7ter an$ F2tne44 Co,,2ttee an$ :ent :2t5 Fone of t5e t5ree +ro 6ono
attorne;@4 :e :233 +ro#2$e ;o* t5e na,e4 of"""G <on3; one na,e :a4 +ro#2$e$ 2t 7o4t OE... t5ere
eC24t4 a tran47r2+t of t5e 5ear2n9 5e atten$e$ :5ere2n 5e ,ent2on4 t5at 524 re+re4entat2on :a4 +ro
6ono t5en fa234 to 73ar2f; t5at 5e :a4 a7t*a33; 9ett2n9 +a2$ OE... an$ t5ereafter +a44e$ off t5e 7a4e
to 524 f2r4t ;ear a44o72ate :5ere*+on 2t +ro,+t3; 3an9*245e$ *nt23 a33e9e$3; t524 Co*rt $e72$e$ to
9rant Co*9532n a 327en4e 2n Se+te,6er of A..& <a4 t5e re7ent SCR 00' Pet2t2on 4tate4) 5o:e#er $*e
to t5at attorne;@4 ne9329ent re+re4entat2on an an9r; 4o*n$2n9 3etter fro, t5e C5a2r,an of t5e
- %.>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01632
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C5ara7ter an$ F2tne44 7o,,2ttee 2n Ban*ar; A..( e44ent2a33; te332n9 Co*9532n to 8*2t 6e2n9 a 48*ea=;
:5ee3 an$ +er5a+4 anot5er 2n4tan7e of t5e D2re7tor of A$,2442on4 $e72$2n9 not to for:ar$ on 4o,e
=e; $o7*,ent +ro#2$e$ 5er to t524 Co*rt for re#2e: <a4 45e $2$ at t5e en$ of t524 Co*rt@4 $efer,ent
+er2o$ 2n Se+te,6er A..( 2n 7onne7t2on :2t5 Co*9532n@4 a++327at2on for a 327en4e to +ra7t27e
3a:""")"""4o t5e *n$er429ne$ 4*6,2t4 t5e ,ater2a34 5ere2n 2n an effort to $e,on4trate 524 7o,+eten7e a4
a +rofe442ona3 an$ eCtre,e $e42re to re,a2n a 327en4e$ ,e,6er of t5e State Bar of Ne#a$a an$ to
5a#e t5e te,+orar; 4*4+en42on 4et a42$e"
CONCLUS%ON
T5e *n$er429ne$ a4=4 t524 Co*rt re4+e7tf*33; to 7on42$er 4ett2n9 a42$e 2t4 te,+orar;
4*4+en42on of 524 3a: 327en4e an$ to a33o: t5e *n$er429ne$ a$$2t2ona3 t2,e to 4*++3e,ent t524
O++o42t2on an$ 5ea#23; e$2t an$ +roof rea$ 2t an$ re4+e7tf*33; a+o3o92Le4 for t5e ro*95 $raft 8*a32t;
of t524 :or= 6*t +o2nt4 to t5e eC29en72e4 +re4ent re8*2r2n9 t5at 2t 6e 4*6,2tte$ 4o"""
AFFIRMATION P*r4*ant to NRS A(%B".(.
T5e *n$er429ne$ $oe4 5ere6; aff2r, t5at t5e +re7e$2n9 $o7*,ent $oe4 not 7onta2n t5e 4o72a3 4e7*r2t;
n*,6er of an; +er4on"
Re4+e7tf*33; 4*6,2tte$ t524: B*ne 0/t5 A.0A
>4> Za75 Co*9532n 429ne$ e3e7tron27a33;
Za75 Co*9532n E48"
PO BOS (%-0
Reno NV /%E.E
Pro Per Attorne;
- %0>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01633
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DECLARATION OF ZACH COUGHLIN IN SUPPORT OF THE FOREGOING DOCUMENT
0" T524 De73arat2on 24 ,a$e +*r4*ant to t5e +ro#242on4 of NRS E(".&E I a, +re4ent3; 2n t5e State of
Ne#a$a an$ I $e73are *n$er +ena3t; of +erD*r; t5at t5e fore9o2n9 24 tr*e an$ 7orre7t 4*6De7t to t5e
7a#eat t5at t524 f232n9 nee$4 ,*75 ,ore +roof rea$2n9 5o:e#er t5e eC29en7; of t5e *n$er429ne$
7r2,2na3 tre4+a44 tr2a3 :2t52n a ,atter of 5o*r4 an$ t5e 4+e7tre of Hon" B*$9e L2n$a Gar$ner@4 6rot5er
Hon" B*$9e 12332a, Gar$ner 2n7ar7erat2n9 t5e *n$er429ne$ at 3en9t5 +re4ent4 a 42t*at2on :5ere2n t524
f232n9 24 4o,e:5at r*45e$" Co*9532n :245e4 for t524 to a++3; to t5e SCR 00' +et2to2n a4 :e33"
A" De73arant 24 t5e Attorne; 2n t5e a6o#e t2t3e$ a7t2on"
(" De73arant a#er4 t5at t5e fa7t*a3 4tate,ent4 4et for a6o#e 2n t5e fore9o2n9 $o7*,ent are to t5e
6e4t of 524 =no:3e$9e an$ *n$er4tan$2n9 a77*rate"
&" I Za75 Co*9532n a, a#a23a63e to te4t2f; 2f ne7e44ar; a4 to t5e4e ,atter4" I $e73are *n$er +ena3t;
of +erD*r; t5at t5e fore9o2n9 24 tr*e an$ 7orre7t"
Date$ t524 B*ne 0/t5 A.0A
>4> Za75 Co*9532n
Za75 Co*9532n
Pro Per Attorne;
- %A>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01634
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Proof of Ser#27e:
On t524 $ate I Za75 Co*9532n e3e7tron27a33; 4er#e$ a tr*e an$ 7orre7t 7o+; of t5e fore9o2n9
$o7*,ent to a33 re924tere$ e3e7tron27 f23er4 an$ to t5o4e :5o, are not I +3a7e$ a tr*e an$ 7orre7t 7o+;
of t5e fore9o2n9 $o7*,ent 2n t5e *4+4 ,a23 on t524 $ate:
Patr27= O" K2n9 E48" A4424tant Bar Co*n4e3
%&E- Do*63e R" B3#$ S*2te B
Reno NV /%EA0
S*4275 E48"
Date$ t524 B*ne 0/t5 A.0A
>4> Za75 Co*9532n
Za75 Co*9532n
Pro Per Attorne;
- %(>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01635
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%N=EP TO EP0%#%TS
0" EC5262t 0: T5e t:o 1a3?Mart re7e2+t4 fro, Se+te,6er %
t5
A.00 one for O/("/A re+re4ent2n9 2te,4
4e3e7te$ an$ +a2$ for an$ one for O0&"'A re+re4ent2n9 2te,4 a33e9e$3; 7on4*,e$ :523e 45o++2n9 an$
not +a2$ for an$ +roof of t5e eCa7t 2te, re+re4ente$ 6; t5e #ar2o*4 Un2#er4a3 Par7e3 Co$e4 <UPC)
2n$27ate$ on t5e re4+e7t2#e re7e2+t4K fo*r <&) +a9e4"
A" EC5262t A: D247o#er; +ro+o*n$e$ 6; t5e C2t; of Reno C2t; Attorne;@4 Off27e 2n RMC 00 CR
AA0'- 2n73*$2n9 RSIC Off27er Cra:for$@4 FArre4t Re+ort an$ De73arat2on of Pro6a63e Ca*4eG an$
524 FIn72$ent Re+ortG an$ 1a3?Mart@4 T5o,a4 Front2no@4 429ne$ 4:orn Cr2,2na3 Co,+3a2ntK 4e#en
<') +a9e4"
- %&>%& -
MOTION FOR LEAVE TO FILE THIS OPPOSITION TO SCR 00' PETITION
01636

EXHIBIT 1
Docket 60838 Document 2012-18963 01637
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01638
NOTE: this is a "receipt" for the allegedly stolen or consumed items
propounded in discovery by the Reno City Attorney
01639
Magnum Ice Cream Bar Nutrition Information | ShopWell
file:///D|/...20ie%20and%20firefox/7756713282%20magnum%20double%20caramel%20single%20ice%20cream%20bar.htm[6/11/2012 3:07:34 PM]
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Magnum Ice Cream Bar
S, Double Caramel 3.38 oz
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Ingredients:
Ice Cream: Milk, Cream, Sugar, Whey, Mono and Diglycerides, Locust Bean Gum, Vanilla Bean Specks,
Carrageenan, Natural Flavor, Annatto Extract (Color), Caramel Color, Belgian Milk Chocolate Coating: Sugar,
Chocolate Liquor, Cocoa Butter, Milk, Milk Fat, PGPR (Emulsifier), Soy Lecithin (Emulsifier), Natural Flavor,
Caramel Sauce: Water, Sugar, Corn Syrup, High Fructose Corn Syrup, Nonfat Milk Solids, Coconut Oil
Modified Corn Starch, Caramel Color, Salt, Mono & Diglycerides (Emulsifier), Carrageenan, Soybean Oil
Sodium Citrate, Potassium Sorbate (Used to Protect Quality), Natural Flavor, Chocolatey Coating: Coconut
Oil, Sugar, Cocoa, Soy Lecithin (Emulsifier), Vanilla Extract.
Personalize this Nutrition Label
Nutrition Facts
Serving Size 1.0 bar (95 g)
Servings Per Container 1
http://www.shopwell.com/magnum-ice-cream-bar-s-double-
caramel/ice-cream-popsicles/p/7756713282
NOTE: the URL listed above for this page ends with
the UPC of this "Magnum Double Caramel Ice Cream
Bar", 7756713282 (the "zero" at the start of that
number on the $14.72 Wal-Mart receipt is
traditionally left off of UPC notations, as here).
This frozen or refrigerated item would not be
found in "the candy isle" as Thomas Frontino swore
that he "personally eye witnessed"
Coughlin select it from "the candy isle"
and also swore that none of Wal-Mart's
legion of cameras captured any of that
activity on video...
01640
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01641
EXHIBIT 2
EXHIBIT 2
Docket 60838 Document 2012-18963 01642
01643
01644
01645
01646
01647
01648
.. _ .. -.. - .. ., ... .......... ...
---.. .. --..... . ... __ . __ ... __ .,._-_. -
..
s.ep 10 2011 10:24R1 1770 ..... -.61801 .. ,. .
"

--


.. j

E

...
c:a
....
. c:o
...
...
-
....
...
....
-
,
--.. _ .. _-_ . __ .. _ ..... - -
01649
01649
1
2
3
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5
6
7

9
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14
Electronically Filed
Jun 25201202:32 p.m
Tracie K. Lindeman
Clerk of Supreme Cou
IN THE SUPREME COURT OF THE STATE OF NEVADA
n Re Matter of:
CHARY BARKER COUGHLIN. ESQ.
evada Bar No: 9473
)
)
)
) Supreme Court No: 60838
)
)
15

17
18 COMES NOW. ZACHARY BARKER COUOHllN, ESQ., and files the above named
19 document.
20
21
Zachary Coughlin, pursuant to NRS 53.045, declares under penalty of perjury that:
22
1. That I am the attorney in the above entitled matter and am filing this AffidavitIDeclaration in
23
accordance with Supreme Court Rule 115(4).
24
25
2. That the Order of suspension was filed in this matter on June 7th, 2012.
26
3. That I have fully compli ed with the provisions of said Order of suspension and these
27
Rules.
28
- 1/$ -
AFEIPAVITIDECLARATlQN OF COMPLIANCE WITH SUPREME COURT RULE 11 5
01650
01650
1 4. That I have fully complied with the notification provisions contained in Supreme Court Rule
2
115(2), specifically:
3
, \) I immediately notified nil my clients in pending matters, other than litigation or
5
administrative proceedings, of my temporary suspension and my inability to act as their
6
7
attorney.
,
2) 1 advised them to seek legal counsel and infonned them of any relevant limitation period
,
10
and deadlines
11
3) This notification was sent to the clients via registered or certified mail with return receipt
12
requested.
13
5. That I have fully complied with the notification provisions contained in Supreme Court Rule
15
115(3). Specifically;
16
17
I) I immediately notified al l clients involved in litigation. administrative proceedings,
13
arbitration, mediation or other similar proceedings.
19
20
2) I immediately notified the attorneys for each adverse party in such matters and and provided to that
21
opposing counsel the last known address for my client,
22
3) I immediately notified the court, agency, arbitrator, mediator or other presiding over such
"
24
proceeding of my suspens ion and my inability to act as attorney.
4) This notification was sent via registered or certified mail with return receipt requested. The notice
26
to my clients li sted any upcoming appearances and deadlines and indicated that they should find a
27
28
substitute attorney of their choosing. The notice to the attorney of the adverse party included my
- ZI$ -
AEEIDAVITIDECLARATION OF COMPLIANCE WITH SUPREME COURT RULE 115
01651
01651
1 clients' last known address.
2
6.) That I have been admitted in the past to the following state bars and or federal jurisdictions:
3
4
Nevada and the United States Patent and Trademark Office (USPTO) and have been admitted to
5
practice in the following courts: Bankruptcy Court for the District of Nevada and District of Nevada
6 Federal Court.
7
7. That I have served on Bar Counsel a copy of this affidavit.
a
9 8. That I may be reached at the following address: PO BOX 3961, Reno, NV 89505; Tel 775 338
10 8118; fax 949 667 7402.
11

13
14
15
16
17
18
19
20
21
22
23
24
25
"
27
28
9. The address and telephone number of a contact person designated for client files is: 28ch
Coughlin, PO BOX 3961, Reno, NY 89505; Tel 775 338 8118; fax: 949 6677402.
Pursuant to NRS 53.0451 declare under penalty of perjury that the foregoing is true and
correct.
Executed on June 25"', 2012 in Reno, Nevada

Zach Coughlin
AFFIRMATION Pursuant to NRS 2398,030
The undersigned does hereby affirm that the preceding document does not contain the social security
number of any person,
-
AFFIDA VII/ DECLARATION OF COMPLIANCE Willi SUPREME COURT RlILE 115
01652
01652
_. -... ----- --.- . ~ . . . ---.---.- ----
~ . ~ ~ . . ~ ..... _, .. - . ~ . . ~
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2J
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- 4" -
lsi Zach Coueblin. si&ned electronically
Zach Coughlin
PO BOX 3961
Reno, NY 89505
Pro Per
AFFIDAYITlDECLARATlQN OF COMPLIANCE WITH SUPREME COURT RULE 115
01653
01653
P[oofo[Seryjce:
2 On this date, I, Zach Coughlin electronically served a true and correct copy of the foregoing
document to all registered electronic filers, and to those whom are not I placed a true and correct cop
3 of the foregoing document in the USPS mail on this date:
4
5
6
7
B
Patrick O. King, Esq. Assistant Bar Counsel
9456 Double R. Blvd Suite B
Reno, NY 89521
9 Dated this June 25th, 20 I
10
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15
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2 4
25
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lsi 2ach Coughlin
Zach Coughlin
Pro Per Attorney
- '1'-
AfFIDAYITIDECLARATlQN OF COMPLIANCE WITH SUPREME COURT RULE 115
01654
01654

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