6 24 13 0204 61383 03628 Letter to 2JDC Judge Flanagan From Hil Coughlin as Alleged Vexatious AOC8 28 12 Order Hill Lied Disciplinary Hearing 6 25 13 Atty Fee Sanction a9

7/27/2019 6 24 13 0204 61383 03628 Letter to 2JDC Judge Flanagan From Hil Coughlin as Alleged Vexatious AOC8 28 12 Ord

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RICD G [email protected]

SOPHIE KSskaradanis@chardhillawom

SALLY S GAGE, Legal tantsallahr@ihadhillacm

SHRRI I, eal ssistantshill@richardhillawcom

KE A. NIELS Legal Assistantknielsenrichardhillawcom

HAD-DELIVRED

Hon. Patrick FlanaganDpatment 7Second Judicil istict Cout75 o eetReno, Nvada 8901

652 Frt Strtn, vada 850

Re: Zachary B. Couglin

June 24 2013

Stte Br No. 9473 (suspnded)

Jge Flanagan:

(775) 348-0888F (775) 3480858

wwwrichardhillawcm

A you ay be awae, upeme out Rule 9.5 was ecetl amended Itequs h epong of nd cie y cot as xto atos t teAdnstative Oe te outs

n s , 2, o n an oe n the ase o ol Mlss(Cn-362) sanctonng oghln as a atous litiato I tie eotin ou

ding to te Administative Oce o te out Te ejected y notice an told e tatt cut is equied to mae te epot t dinistative ce o te ous, 01 Soutso Steet, Suite 20 ason it, Nevada 897014702


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Leer to Hon. Parick FlaagaR: Zachar B Coughli

Sae Bar N 9473 (sspded)Jue 24, 2013ae

A cy of ordr is eclosed for yur use If we ca be of a assisae,lease o o heia o all o us

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G/gr

Esures:- opy of Order

c: Mr ougli

Dr. Mrliss


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123456 IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA7 IN AND FOR THE COUNTY OF WASHOE89

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ZACHARY BARKER COUGHLIN,Appellant,

vs.MATT MERLISS,

Respondent.__________________________1

Case No.:Dept. No.:

OR ER

CV11-036287

Currently before this Court are two matters initiated by Appellant ZACHARY BARKECOUGHLIN but submitted-and opposed-by Respondent MATT MERLISS. The first isMotion to Alter or mend Order, or Pled in Alternalid [sic] Motion to Set Aside Attorney Fe

ward and Motion for Order Shortening Time and Notice of Appeal ofA tty [sic] Fee ward a6/25/12 filed on July 24 2012. Merliss filed an Opposition to A1otion to Alter or mend Order,or Pled in the Alternatid (sic), Motion to Set Aside Attorney Fee ward and Motion for OrdeShortening Time and Notice of Appeal of Atty (sic) Fee ward of 6/25/12 on July 31, 2012.Coughlin filed no Reply Brief and the matter was submitted for decision on August 10, 2012.

The second is a NRCP 60(b)(4) Motion to Set Aside Attorney's Fees filed on July 32012. Merliss filed an Opposition to NRCP 60(b)(4) Motion to Set Aside Attorney's FeesAugust 10, 2012. Coughlin filed no Reply Brief and this matter was submitted for decisionAugust 22, 2012.

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F I L E DElectronically

08-28-2012:04:32:12 PMJoey Orduna Hastings

Clerk of the Court

Transaction # 3180815


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Essentially, both Motions seek to set aside this Court's June 25, 2012 Order grantinattorney's fees to Merliss. Having reviewed both of Coughlin's Motions and the relevant laapplicable to each one, this Court finds each Motion is devoid of any facts or legal argumentsufficient to require or justify setting aside the attorney's fees award. And this is aside from thmyriad procedural and substantive deficiencies contained in each Motion.

Again, as was the case in Coughlin's attempt to set aside Merliss's award of costsCoughlin's Motions here attempt to re-litigate substantive issues this Court has already decided,or frivolous claims this Court has previously ignored. This Court has entered final judgment 0the merits of Coughlin's underlying claim and awarded attorney's fees and costs to Merliss. ThiCourt will not revisit those decisions here, particularly when Coughlin alleges nothing that woulsatisfy the requirements ofNRCP 59 or NRCP 60. Accordingly, Coughlin's Motion to Alter 0Amend Order, or Pled in Alternatid [sic] Motion to Set Aside Attorney Fee Award and Mofiofor Order Shortening Time nd Notice ofAppeal ofAtly [sic] Fee Award of 6/25/12 and NRC60(b)(4) Motion to Set Aside Attorney s Fees are DENIED

In addition, Merliss requests this Court to sanction Coughlin for his repeated violations 0the local rules of procedure. Merliss requests this Court to sanction Coughlin under WDCR 21such that Merliss and his counsel need not oppose or reply to any further filings by Coughlin ithis case absent an Order to that effect from this Court.

Alongside the numerous procedural violations Coughlin has committed in filing hipapers (ignoring page limits, missing deadlines, etc.), Merliss contends Coughlin's litigatiotactics-including Coughlin's instant attempt to set aside the attorney's fees award-have beeemployed not to pursue arguments in good faith but to delay and harass him. Merliss contendCoughlin's behavior has been not only abusive but costly, requiring Merliss to contest each anevery allegation Coughlin makes no matter how meritless. This Court agrees.

In addition to this Court's power under NRCP 11 to issue sanctions to deter abusivlitigation practices and frivolous filings, Nevada courts possess inherent powers of equitand of control over the exercise of their jurisdiction. Jordan v. State De t. of Motor Vehicle

Public Safety, 121 Nev. 44, 59, 110 P.3d 30 41 (2005), abrogated on other grounds by Buz

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Stew, LLC v. City of North Las Vegas, 124 Nev. 224, 228, 181 P.3d 670, 672 (2008).Coughlin's aberrant behavior has become, unfortunately, common in this case. His failure tfollow basic rules of practice and the absence in his numerous filings of any arguable basis eithein law or fact to support his various claims has led Merliss to needlessly incur costs thaotherwise could have been avoided had Coughlin simply followed the rules. Consequently, thiCourt finds sanctions are appropriate under WD R 21. Accordingly, this Court ORDERMerliss and his counsel may but are not required to oppose or reply to any further filings bCoughlin in this case absent an Order to that effect from this Court.

IT IS SO ORDERED.DATED this 8 day of August, 2012.

PATRICK FLANAGANDistrict Judge

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CERTIFIC TE OF SERVICEPursuant to NRCP 5(b), I hereby certify that I am an employee of the Second Judicial

District Court of the State of Nevada, County of Washoe; that on this ci day of August,2012, I electronically filed the following with the Clerk of the Court by using the ECF systemwhich will send a notice of electronic filing to the following:

Richard Hill, Esq. for Matthew Merliss; andZachary Coughlin, Esq. for himself.I deposited in the Washoe County mailing system for postage and mailing with the

United States Postal Service in Reno, Nevada, a true copy of the attached document addressedto:

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Documents

6 24 13 0204 61383 03628 Letter to 2JDC Judge Flanagan From Hil Coughlin as Alleged Vexatious AOC8 28 12 Order Hill Lied Disciplinary Hearing 6 25 13 Atty Fee Sanction a9