6 14 12 0204 60317 01896 01955 01168 60302 Docketing Statement 202 pages 12-18740

7/28/2019 6 14 12 0204 60317 01896 01955 01168 60302 Docketing Statement 202 pages 12-18740

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IN THE SUPREME COURT OF THE ST TE OF NEV D

INDICATE FULL CAPTION:

ZACHARY COUGHLIN,Appellant,vs.WASHOE LEGAL SERVICES, et. al.,Respondents

No 60302DOCKETING STATEMENT

CIVIL APPEALS

GENERAL INFORMATIONAll appellants not in proper person must complete this docketing statement. NRAP 14 a). Thepurpose of the docketing statement is to assist the Supreme Court in screening jurisdiction,classifying cases for en banc, panel, or expedited treatment, compiling statistical informationand identifying parties and their counsel.

WARNINGThis statement must be completed fully, accurately and on time. NRAP 14 c). The SupremeCourt may impose sanctions on counsel or appellant if it appears that the information providedis incomplete or inaccurate. Id Failure to fill out the statement completely or to file it in atimely manner constitutes grounds for the imposition of sanctions, including a fine and/ordismissal of the appeal.A complete list of the documents that must be attached appears as Question 26 on this docketingstatement. Failure to attach all required documents will result in the delay of your appeal andmay result in the imposition of sanctions.This court has noted that when attorneys do not take seriously their obligations under NRAP 14to complete the docketing statement properly and conscientiously, they waste the valuablejudicial resources of this court, making the imposition of sanctions appropriate. ee KDI SylvanPools v. Workman, 107 Nev. 340, 344, 810 P.2d 1217, 1220 1991). Please use tab dividers toseparate any attached documents.

Revised 9/30/11


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4. Nature of disposition below check all that apply):Judgment after bench trial

l Judgment after jury verdictSummary judgment

l Default judgmentl Grant/Denial of NRCP 60 b) relief

0 Grant/Denial of injunctionl Grant/Denial of declaratory reliefl Review of agency determination

I Z Dismissal:Lack of jurisdiction

0 Failure to state a claimEl Failure to prosecute

Other specify): insufficient service of procesEl Divorce Decree:

l Original l Modification0 Other disposition specify):

5 Does this appeal raise issues concerning any of the following?El Child CustodyEl VenueEl Termination of parental rights

6 Pending and prior proceedings in this court. List the case name and docket numberof all appeals or original proceedings presently or previously pending before this court whichare related to this appeal:related appeal in 60317

7 Pending and prior proceedings in other courts. List the case name, number andcourt of all pending and prior proceedings in other courts which are related to this appeale.g., bankruptcy, consolidated or bifurcated proceedings) and their dates of disposition:cv11-01986 in 2nd Judicial D. Ctcv 11-01955 in 2nd Judicial D. Ct. Dept 10


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8 Nature of the action Briefly describe the nature of the action and the result below:Wrongful Termination of legal aid attorney allegation race and sex discrimination,retaliation, whistle-blower protection, hostile work environment, etc.

9 Issues on appeal State concisely the principal issue(s) in this appeal (attach separatesheets as necessary):Whether having multiple pages per page of, say, an exhibit to a Complaint and anyattendant legibility issues may result in insufficient service of process sufficient to dismissappeal. From when EEOC 90 day limitations period runs in context; Whether it was clearerror to write Order for Dismissal based upon NRCP 12(b)(5) when on 12(b)(4) argumentswere made by Defendants; whether attorney's fees sanctions are supportable where Courtdid not get to the merits of the litigation but, obstensibly, dismissed for insufficiency ofservice of process; whether service of process is insufficient merely because proof of servicedid not indicate a Summons was served with the Complaint, but video of process serverserving employees clearly shows a Summons attached to the Complaint, whether a seniorparalegal and paralegal can be served on corporation or executive director's behalf, whethercourt approved proof of service forms, indicating a declaration made under penalty of perjuryis acceptable can be categorized as insufficient proof of service for failing to be notarized, etc.;whether pro se attorneys are subjected to rules applicable to attorneys where can't win fees.10 Pending proceedings in this court raising the same or similar issues If you areaware of any proceedings presently pending before this court which raises the same orsimilar issues raised in this appeal, list the case name and docket numbers and identify thesame or similar issue raised:the associated appeal in 60317


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11. Constitutional issues. If this appeal challenges the constitutionality of a statute, andthe state, any state agency, or any officer or employee thereof is not a party to this appeal,have you notified the clerk of this court and the attorney general in accordance with NRAP 44and NRS 30.130?

N AEl YesEl NoIf not, explain:

12. Other issues. Does this appeal involve any of the following issues?O Reversal of well-settled Nevada precedent (identify the case(s))D An issue arising under the United States and/or Nevada ConstitutionsED A substantial issue of first impressionO An issue of public policyz An issue where en banc consideration is necessary to maintain uniformity of this

court s decisionsO A ballot question

If so, explain: the use of proof of service of summons and complaint form that promptsfor the server to sign a declaration, rather than have it notarized, culledfrom the District Court s website, should not be a basis for a 12b3 or 12b4dismissal; plus how are filing dates calculated when one is waiting for adecision on an IFP and if the IFP is denied, is their opportunity cure date

13 Trial. If this action proceeded to trial, how many days did the trial last? 0Was it a bench or jury trial? n/a

14 Judicial Disqualification. Do you intend to file a motion to disqualify or have ajustice recuse him/herself from participation in this appeal? If so, which Justice?No.


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TIMELINESS OF NOTICE OF APPEAL15 Date of entry of written judgment or order appealed from 1/11/2012

If no written judgment or order was filed in the district court, explain the basis forseeking appellate review:

16 Date written notice of entry of judgment or order was servedWas service by:0 Delivery

Mail/electronic/fax17 If the time for filing the notice of appeal was tolled by a post-judgment motionNRCP 50 b), 52 b), or 59)

a) Specify the type of motion, the date and method of service of the motion, andthe date of filing.

0 NRCP 50 b) ate of filing

X

0 NRCP 52 b)NRCP 59

Date of filingDate of filing 1/26/2012, 2/1/2012

NOTE: Motions made pursuant to NRCP 60 or motions for rehearing or reconsideration may toll thetime for filing a notice of appeal. ee AA Primo Builders v. Washington, 126 Nev. 245P.3d 1190 2010).

b) Date of entry of written order resolving tolling motion 3/13/2012 or 5/7/2012c) Date written notice of entry of order resolving tolling motion was served

Was service by:0 Delivery

Mail


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18 Date notice of appeal filed 2/15/2012If more than one party has appealed from the judgment or order, list the date eachnotice of appeal was filed and identify by name the party filing the notice of appeal:

19 Specify statute or rule governing the time limit for filing the notice of appeal,e.g. NRAP 4 a) or otherNRAP 4 a)

SUBSTANTIVE APPEALABILITY20 pecify the statute or other authority granting this court jurisdiction to reviewthe judgment or order appealed from:a)

NRAP 3A b) 1)NRAP 3A b) 2)NRAP 3A b) 3)

i Other specify)

l NRS 38.205fl NRS 233B.150fl NRS 703.376

b) Explain how each authority provides a basis for appeal from the judgment or order:b) Appealable Determinations. An appeal may be taken from the following judgments and

orders of a district court in a civil action:

1) A final judgment entered in an action or proceeding commenced in the court in whichthe judgment is rendered.the dismissal was a final order


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b) Specify the parties remaining below:

c) Did the district court certify the judgment or order appealed from as a final judgmentpursuant to NRCP 54 b)?

EI YesI I No

d) Did the district court make an express determination, pursuant to NRCP 54 b), thatthere is no just reason for delay and an express direction for the entry of judgment?

L I YesNo

25 If you answered No to any part of question 24, explain the basis for seekingappellate review e.g., order is independently appealable under NRAP 3A(b)):I believe it was a final order

26 Attach file-stamped copies of the following documents: The latest-filed complaint, counterclaims, cross-claims, and third-party claims Any tolling motion s) and order s) resolving tolling motion s) Orders of NRCP 41 a) dismissals formally resolving each claim, counterclaims, cross-

claims and/or third-party claims asserted in the action or consolidated action below,even if not at issue on appeal

Any other order challenged on appeal Notices of entry for each attached order


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June 10, 2012Date

/s/ Zach CoughlinSignature of counsel of record

VERIFIC TIONI declare under penalty of perjury that I have read this docketing statement thatthe information provided in this docketing statement is true and complete to thebest of my knowledge information and belief and that I have attached all requireddocuments to this docketing statement.Zach Coughlin ach Coughlin, Esq.Name of appellant ame of counsel of record

Washoe County, NevadaState and county where signed

CERTIFIC TE OF SERVICEI certify that on the 14th ay of June 2012completed docketing statement upon all counsel of record:

0 By personally serving it upon him/her; orBy mailing it by first class mail with sufficient postage prepaid to the followingaddress(es): (NOTE: If all names and addresses cannot fit below, please list namesbelow and attach a separate sheet with the addresses.)

LIPSON, NEILSON, COLE, SELTZER GARINJOSEPH P. GARIN, ESQ.Nevada Bar No. 6653SHANNOND NORDSTROMNevada Bar No. 82119080 West Post Road, Suite 100LasVegas, Nevada 89148TEL: (702)382-1500 FAX: (702) 382-1512

une zui2 I served a copy of this

Dated this 4th day of June 2012

/s/ Zach CoughlinSignature


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EXHIBIT 1

EXHIBIT 1

Docket 60302 Document 2012-18740


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//D|/...glin%20v%20WLS%20Adams%20cv11-01896/cv11-01986/2012-05-07[01896]Amended%20order%20(__Continuation).pdf.html[6/14/2012 8:35:

Request Denied:

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http://manual/fiDefault.htmhttp://d%7C/downloads%20ie%20and%20firefox/1%20appeals/60302%20Couglin%20v%20WLS%20Adams%20cv11-01896/cv11-01986/launch?pageAction=termsofusehttp://d%7C/downloads%20ie%20and%20firefox/1%20appeals/60302%20Couglin%20v%20WLS%20Adams%20cv11-01896/cv11-01986/launch?pageAction=privacyhttp://d%7C/downloads%20ie%20and%20firefox/1%20appeals/60302%20Couglin%20v%20WLS%20Adams%20cv11-01896/cv11-01986/launch?pageAction=paypolicyhttp://d%7C/downloads%20ie%20and%20firefox/1%20appeals/60302%20Couglin%20v%20WLS%20Adams%20cv11-01896/cv11-01986/launch?pageAction=supporthttp://washoecourts.com/index.cfm?page=contacthttp://www.tybera.com/http://www.tybera.com/http://www.tybera.com/http://www.tybera.com/http://washoecourts.com/index.cfm?page=contacthttp://d%7C/downloads%20ie%20and%20firefox/1%20appeals/60302%20Couglin%20v%20WLS%20Adams%20cv11-01896/cv11-01986/launch?pageAction=supporthttp://d%7C/downloads%20ie%20and%20firefox/1%20appeals/60302%20Couglin%20v%20WLS%20Adams%20cv11-01896/cv11-01986/launch?pageAction=paypolicyhttp://d%7C/downloads%20ie%20and%20firefox/1%20appeals/60302%20Couglin%20v%20WLS%20Adams%20cv11-01896/cv11-01986/launch?pageAction=privacyhttp://d%7C/downloads%20ie%20and%20firefox/1%20appeals/60302%20Couglin%20v%20WLS%20Adams%20cv11-01896/cv11-01986/launch?pageAction=termsofusehttp://manual/fiDefault.htm


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F I L E DElectronically

04-20-2012:02:20:15 PMJoey Orduna Hastings

Clerk of the CourtTransaction # 2903348


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3060

IN THE SECOND JUDICIAL DISTRICT COURT FOR THE STATE OF NEVADAIN AND FOR THE COUNTY OF WASHOE

ZACH COUGHLIN,Plaintiff,

vs.WASHOE LEGAL SERVICES (WLS),KATHY BRECKENRIDGE, individually andin her capacity as BOARD PRESIDENT OFWLS, TODD TORVINEN, individually and inhis capacity as WLS BOARD MEMBER,PAUL ELCANO, individually and in hiscapacity as EXECUTIVE DIRECTOR OFWLS, DOES 1-100, individually and in theircapacity as members of the Board of DirectorsofWLS CARYN STERNLICHT, individuallyand in her capacity as WLS ATTORNEY,JOHN SASSER, individually and in hiscapacity as WLS ATTORNEY, KARENSABO, individually and in her capacity asWLS ATTORNEY, MARC ASHLEY,individually and in his capacity as WLSATTORNEY, ZANDRA LOPEZ, individuallyand in her capacity as WLS EMPLOYEE,

Defendants.

Case No. CVII-01896Department No.: 6

ORDER REGARDING PLAINTIFF S MOTION TO PROCEED IN FORMA PAUPERISHaving read Plaintiff, ZACH COUGHLIN's, Motion to Proceed in Forma Pauperis" and

his "Affidavit of Poverty," this Court finds that pursuant to RS 12.015, Plaintiff's affidavit isinsufficient to grant forma pauperis status at this time.) By affidavit, Plaintiff failed to establish

I RS 12.015 1) Any person who desires to prosecute or defend a civil action may file anaffidavit with the court setting forth with particular facts concerning his income, property and


06-30-2011:04:46:37 PM

Howard W. ConyersClerk of the Court

Transaction # 2321539


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that he has insufficient means with which to pay the costs associated with the prosecution o thisaction.

Based upon the foregoing and good cause appearing,IT IS HEREBY ORDERED that Plaintiff has 1 days from the date o this Order to file a

Supplemental Affidavit providing greater detail o his assets, income and expenses to establishhis inability to prosecute this action.

IT IS HEREBY FURTHER ORDERED that i a Supplemental Affidavit is not filedwithin ten 10) days o entry o this Order, the Motion to Proceed In Forma Pauperis will bedenied.

DATED this day o June, 2010.

other resources which establish that he is unable to prosecute or defend the action because he isunable to pay the costs o so doing.


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CERTIFIC TE OF SERVICECASE NO. CVI1-01896

I certify that I am an employee of the SECOND JUDICIAL DISTRICT COURT of theSTATE OF NEVADA, COUNTY OF WASHOE; that on the CJ: day of June, 2011, Ielectronically filed the ORDER REGARDING MOTION TO PROCEED IN FORMPAUPERIS with the Clerk of the Court by using the ECF system.

I further certify that I transmitted a true and correct copy of the foregoing document bythe method(s) noted below:Personal delivery to the following: [none]

Electronically filed with the Clerk of the Court by using the ECF system which will send anotice of electronic filing to the following: [NONE]

Deposited in the Washoe County mailing system for postage and mailing with the UnitedStates Postal Service in Reno, Nevada:Zach Coughlin2 River Rock St.Reno, NV 89501

3


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Document Code:

Zach Coughlin, Esq.

NV BAR No: 947!" B"# $%9&'

Reno, NV (9&%$

)ele: 77&*(*(++(a-: 949*$$7*74%'

ZachCoughlinhotmail.com

/n 01o 0e1

/N )2E 3EC"ND 5D/C/A6 D/3)R/C) C"5R)

" )2E 3)A)E " NEVADA

/N AND "R )2E C"5N) " 8A32"EZAC2 C"526/N

!lainti;;.

as E-ecuti

as 863 atto1ne>, "N 3A33ER, /ndiand in his ca0acit> as 863 agent, =AREN

3AB", /ndi and in he1 ca0acit> as 863

atto1ne>, ?ARC A326E, /ndi and inhis ca0acit> as 863 atto1ne>, ZANDRA

6"!EZ /ndi and in he1 ca0acit> as

863 em0lo>ee

De;endants.

CA3E N": CV++*%+(9$

DE!). N": $

?")/"N "R E#)EN3/"N " )/?E )" !ER"R? 3ERV/CE " !R"CE33

Zach Coughlin, 0lainti;;, su@mits this motion on his on @ehal;.

)his ?otion is made 0u1suant to the autho1ities discussed @elo, including NRC! 4i and is

su00o1ted @> the attached ?emo1andum o; !oints and Autho1ities, the Decla1ation o; Zacha1> B.

- ++& -MOTION FOR NEW TRIAL, OR PLED IN THE ALTERNATIVE, MOTION TO ALTER OR AMEND


03-27-2012:12:08:44 AMJoey Orduna Hastings

Clerk of the Court



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Coughlin, Esq., the 0a0e1s and 0leadings on ;ile he1ein, and an> o1al a1gument this cou1t ma> alloB,

as it is @eing 1equested.

MEMORANDUM OF POINTS AND AUTHORITIES

I. STATEMENT OF FACTS AND PROCEDURAL HISTORY

)his ;ilign is @eign ;iled da>s ea1l> Bith an intent to su00lement it gi ;iled and se1ed.

Ci g1anted August (, '%++, and the Com0liant Bas stam0ed Bith a ;iling date o;

August ++, '%++ and ente1ed in the DocFet in this matte1 on that date as Bell. +'% da>s ;1om August

++, '%++ is Decem@e1 9, '%++, Bhich ha00ens to @e the da> that )1a 1esident o; 8ashoe Count> se1


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+%, '%++. u1the1, B1ecFen1idge as se1 the 8C3" on +++&++ in CV++*%+(9$ @ut that

same A;;ida should se1


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Bith 01eGudice, the Cou1t ma> dismiss an action Bithout 01eGudice Bhen se1. 3ee

N.R.C.!. 4i. /n addition, C/3s 1equest ;o1 atto1ne>s ;ees and costs is denied at this time @ecause the

Cou1t dismissed this action on 01ocedu1al g1ounds Bithout anal>Jing the me1its o; !lainti;;s case.I

/ dont @elie o; the ;actual ;indings in that "1de1 a1e accu1ate, as all o; those

indi the 8C3", @ut / got )1a se1 some 77 da>s o1 so into the +'% da> 0e1iod alloBed

unde1 NRC! +'%. u1the1, / @elie %, '%%+, ?ann ;iled an amended com0laint and thedist1ict cou1t issued a summons. "n une 4, '%%+, ?ann se1


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o1iginal summons, and the su@sequent summons. Ame1ican Ai1lines late1

mo 0e1iod set out in Rule 4m: /n this case, 0lainti;;s o1iginal

com0laint as timel> ;iled, on the (9th da> o; the M+%9% 9% da> 0e1iod.

iling a com0laint gi 0e1iod mandated @> the ADA 1equi1es the cou1t to dismiss. Em0hasis

added. ?ann a00eals. // +O'O )he co11ectness o; the dist1ict cou1tsdismissal on statute o; limitations g1ounds is a question o; la 1e 0e1iod had e-0i1ed. 8e conclude that it did. ed.R.Ci


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&+7 5.3. $&4, $$', ++$ 3.Ct. +$(, +4 6.Ed.'d ((% +99$. )his di;;e1s

;1om ;o1me1 Rule 4G, hich did not 0e1mit e-tensions a@sent good cause.

/d. at $$+K$', ++$ 3.Ct. +$(. "n its ;ace, Rule 4m does not tie the handso; the dist1ict cou1t a;te1 the +'%Kda> 0e1iod has e-0i1ed. Rathe1, Rule 4m

e-0licitl> 0e1mits a dist1ict cou1t to g1ant an e-tension o; time to se1 @e a11anted i; the statute o; limitations has 1un. $O 2e1e,

e used its disc1etion to e-tend the time;o1 ?ann to se1 0e1iod does not a;;ect the tolling o; the statute o; limitations

unless the ;ailu1e to se1 se1 ithin its

disc1etion. N4 N. )he dist1ict cou1ts 1eliance on 8ilson


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3ome atto1ne>s 0leadings looF 1eall> good, ;o1matting Bise, Gust @eauti;ul, hoBe

dont 1eall> shed an> light on the legal issues in a 0lainti;;s 1easona@le @elie; that he Bas unde1 alegal const1aint not to se1

01oceedings and Bhile the case Bas not on the dist1ict cou1ts actiee te1minated ;1om he1 0osition as a01ison*@ased in;ectious diseases counselo1 shoBed good cause ;o1 he1 ;ailu1e to se1


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the cou1t ;o1 almost a >ea1 @e;o1e su@stituted counsel as o@tained, and the

em0lo>ees e;;o1ts to 0u1sue the 01osecution o; he1 case e1e diligent and 1easona@le.

Cunningham , '% .R.D. 9+, $' ed. R. 3e1 se1s @> the ?a1shals

in com0leting se1 @ecause o; the high


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lea1ned that the de;endant had sto00ed su@sc1i@ing to that se1s o; se1 o; com0laint ;o1 se1 o; the com0laint ;o1 se1 cou1t 0e1sonnel ;o1 se1e1 on @ehal; o; a ;o1me1

em0lo>ee 01oceeding 01o se and in ;o1ma 0au0e1is, 01oe1 to 1ead, the

cou1t in ?c=enJie < Amt1aF ? o; E +99%, 3D N 777 3u00 +++9, ;ound that the ;ailu1e o; cou1t

0e1sonnel to maFe a legi@le co0> o; the com0laint ;o1 se1


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em0lo>ee o; the illegi@ilit> o; the com0laint @ut had ;ailed to so ade1s FnoBledge that the em0lo>ee Bas 01oceeding 01o se, Bas

0a1tl> to @lame ;o1 the dela> in se1 Bould not @e all that ;ai1 to sa> NRC! 4i gi


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u0on motion, unless the 0a1t> on Bhose @ehal; such se1 the costs o; so doing o1 C@ 3u@mit

a statement o1 othe1Bise indicate to the cou1t that the 0e1son is a client o; a 01og1am ;o1 legal aid. '. /;

the cou1t is satis;ied that a 0e1son Bho ;iles an a;;ida the

costs o; 01osecuting o1 de;ending the action o1 i; the cou1t ;inds that a 0e1son is a client o; a 01og1am

;o1 legal aid, the cou1t shall o1de1: Ca )he cle1F o; the cou1t: C+ )o alloB the 0e1son to commence o1

de;end the action Bithout costs and C' )o ;ile o1 issue an> necessa1> B1it, 01ocess, 0leading o1 0a0e1

Bithout cha1ge. C@ )he she1i;; o1 othe1 a001o01iate 0u@lic o;;ice1 Bithin this 3tate to maFe 0e1sonal

se1 necessa1> B1it, 01ocess, 0leading o1 0a0e1 Bithout cha1ge. . /; the 0e1son is 1equi1ed to

ha the count>. ...I

- ++D+& -MOTION FOR NEW TRIAL, OR PLED IN THE ALTERNATIVE, MOTION TO ALTER OR AMEND


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NR3 +'.%+& does not sa> Ithis Cou1t shall gi and

genu;lects a @unch....I /ndeed, ?c=enJie seems to maFe clea1 that, at least in some Gu1isdictions, the

Cou1t and 3he1i;; handle all the 0hotoco0>ing and deli to

e;;ectuate se1 0e1sonal, in;lammato1>, and sensiti 3he1i;;s ";;ice that ma> @a1e on the

8C3"s ;ailu1e to co11ectl> com0l> Bith the "1de1 1anting /n o1ma !au0e1is status to the

unde1signed. 2oBe going into them

Be1e a@solutel> necessa1>. 3u;;ice to sa>, it is highl> cu1ious that the 8C3"s, gi manged to ;ile ' A;;ida


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1athe1 1etu1n it to the EE"C Bith the Ino longe1 at this add1essI >elloB sticFe1 and notice o; the

1eci0ients neB add1ess as is the 53!3 custom u0on the e-0i1ation o; +' months ;1om the ;iling o; an

";;icial Change o; Add1ess ;o1m Bith the 53!3.

!lease set aside all the dismissals and 1ecogniJe 01ocess and se1 conducted, o1 g1ant additional time to e;;ectuate such se1s o; I1ecei0tI o; the EE"C Right )o 3ue

6ette1 is met 1ega1dless o; such an e-tension, and o1 consolidate these cases, and an> othe1 1elie;

this Cou1ts sees as a001o01iate.

AFFIRMATION Prsant to NRS )C6*.7C7

)he unde1signed does he1e@> a;;i1m that the 01eceding document does not contain the social secu1it>

num@e1 o; an> 0e1son.

Dated this ?a1ch '$, '%+' though / ha


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DECLARATION OF ACH COUGLIN IN SUPPORT OF THE FOREGOING DOCUMENT

+. )his Decla1ation is made 0u1suant to the 01o in the 3tate o;

Ne o; 0e1Gu1> that the ;o1egoing is t1ue and co11ect.

'. Decla1ant is the !lainti;; in the a@o that the ;o1egoing is t1ue and co11ect.

Dated this ?a1ch '$, '%+'

s Zach Coughlin

Zach Coughlin

!6A/N)/

- +4+& -MOTION FOR NEW TRIAL, OR PLED IN THE ALTERNATIVE, MOTION TO ALTER OR AMEND


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Proof of Ser#i!eH

"n this date, /, Zach Coughlin elect1onicall> se1 o; the ;o1egoing

document to all 1egiste1ed e;ile1s, and to those hom a1e not / 0laced a t1ue and co11ect co0> o; the

;o1egoing document in the us0s mail on this date:

B1ian onsal ;o1 De;endant 8A32"E 6EA6 3ERV/CE3, a Ne as Boa1d !1esident o; 863, )"DD)"RV/NEN, /ndi and in his ca0acit> as 863 Boa1d ?em@e1, !A56 E6CAN", /ndi

and in his ca0acit> as E-ecuti as 863 atto1ne>, "N 3A33ER, /ndi and in

his ca0acit> as 863 agent, =AREN 3AB", /ndi and in he1 ca0acit> as 863 atto1ne>,

?ARC A326E, /ndi and in his ca0acit> as 863 atto1ne>, ZANDRA 6"!EZ /ndi

and in he1 ca0acit> as 863 em0lo>ee

DA)ED )2/3: Dated this ?a1ch '$, '%+'

s Zach Coughlin

Zach Coughlin

!lainti;;

- +&+& -MOTION FOR NEW TRIAL, OR PLED IN THE ALTERNATIVE, MOTION TO ALTER OR AMEND


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3060

IN THE SECOND JUDICIAL DISTRICT COURT FOR THE STATE OF NEVADAIN AND FOR THE COUNTY OF WASHOE

ZACH COUGHLIN,Plaintiff,

vs.WASHOE LEGAL SERVICES (WLS),KATHY BRECKENRIDGE, individually andin her capacity as BOARD PRESIDENT OFWLS, TODD TORVINEN, individually and inhis capacity as WLS BOARD MEMBER,PAUL ELCANO, individually and in hiscapacity as EXECUTIVE DIRECTOR OFWLS, DOES 1-100, individually and in theircapacity as members of the Board of Directorsof WLS, CARYN STERNLICHT, individuallyand in her capacity as WLS ATTORNEY,JOHN SASSER, individually and in hiscapacity as WLS ATTORNEY, KARENSABO, individually and in her capacity asWLS ATTORNEY, MARC ASHLEY,individually and in his capacity as WLSATTORNEY, ZANDRA LOPEZ, individuallyand in her capacity as WLS EMPLOYEE,

Defendants. /

Case No. CV11-01896Department No.: 6

ORDER GRANTING MOTION FOR LEAVE TO PROCEED IN FORM PAUPERISOn June 27, 2011, Plaintiff, Zach Coughlin filed a Motion to Proceed In Fonna Pauperis

and an Affidavit of Poverty. On June 30, 2011, the Court entered its Order Regarding Plaintiff sMotion to Proceed Informa Pauperis wherein the Court found that Plaintiff failed to establish thathe had insufficient means with which to pay the costs associated with the prosecution of thisaction, and ordered Plaintiff to file a supplemental affidavit providing greater detail of his assets,


08-09-2011:05:46:06 PMHoward W. ConyersClerk of the Court



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income and expenses to establish his inability to prosecute this action. n July 8, 2011, Plaintifffiled a Supplemental Affidavit in Support, and submitted the matter for consideration.

Upon review of the pleadings an papers on file herein, this Court finds that pursuant toNRS 12.015, the Plaintiffs Motion and Supplemental Affidavit are sufficient to grant formapauperis status at this time.

Based on the foregoing and good cause appearing,IT IS HEREBY ORDERED, pursuant to NRS 12.015, Plaintiffs Motion for Leave to

Proceed in Forma Pauperis is GRANTED.IT IS HEREBY FURTHER ORDERED that the Court allow said ZACH COUGHLIN, to

prosecute such action without costs and file or issue any necessary writ, process, pleading orpaper without charge, with the exception ofjury fees.

IT IS HEREBY FURTHER ORDERED that the Sheriff or any other appropriate officerwithin the state make personal service of any writ, process, pleading or paper without charge forZACH COUGHLIN.

DATED thisL day ofAugust, 2011.

NRS 12.015 1) Any person who desires to prosecute or defend a civil action may file anaffidavit with the court setting forth with particular facts concerning his inco:r;ne property ~other resources which establish that he is unable to prosecute or defend the actIOn because he ISunable to pay the costs of so doing.2


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CERTIFICATE OF SERVICECASE NO. CVII 01896

I certify that I am an employee of the SECOND JUDICIAL DISTRICT COURT of theSTATE OF NEVADA, COUNTY OF WASHOE; that on the day of August, 2011, Ielectronically filed the ORDER GRANTING MOTION FOR LEAVE TO PROCEED INFORMA PAUPERIS with the Clerk of the Court by using the ECF system.

I further certify that I transmitted a true and correct copy of the foregoing document bythe methodes) noted below:Personal delivery to the following: [none]

Electronically filed with the Clerk of the Court by using the ECF system which will send anotice of electronic filing to the following: [NONE]

Deposited in the Washoe County mailing system for postage and mailing with the UnitedStates Postal Service in Reno, Nevada:Zach Coughlin2 River Rock St.Reno, NV 89501

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EXHIBIT 1

EXHIBIT 1


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Lipson,Neilson,Cole,Seltzer&Garin,P.C

.

9080WestPostRoad,Suite100

LasVegas,NV

89148

(702)382-1500

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2540

LIPSON, NEILSON, COLE, SELTZER & GARIN, P.C.JOSEPH P. GARINNevada Bar No. 6653SHANNON D. NORDSTROMNevada Bar No. 8211

9080 West Post Road, Suite 100Las Vegas, Nevada 89148(702) 382-1500(702) 382-1512 - fax

[email protected]@lipsonneilson.com

Attorneys for Defendants Washoe Legal Services,Paul Elcano, Todd Torvinen, Karen Sabo, Kathy Breckenridge,Jon Sasser, and Marc Ashley

IN THE SECOND JUDICIAL DISTRICT COURT OFTHE STATE OF NEVADA IN AND FOR THE

COUNTY OF WASHOE

ZACH COUGHLIN,

Plaintiff,

vs.

WASHOE LEGAL SERVICES, a NevadaCorporation, KATHY BRECKENRIDGE,

Individually and in her capacity as BoardPresident of WLS, TODD TORVINEN,Individually and in his capacity as WLSBoard Member, PAUL ELCANO, Individuallyand in his capacity as Executive Director ofWLS, DOES 1-100, Individually and in theircapacity as members of the BOARD OFDIRECTORS OF WASHOE LEGALSERVICES, CARYN STERNLIGHT,Individually and in her capacity as WLSattorney, JON SASSER, Individually and inhis capacity as WLS agent, KAREN SABO,Individually and in her capacity as WLS

attorney, MARC ASHLEY, Individually andin his capacity as WLS attorney, ZANDRALOPEZ, Individually and in her capacity asWLS employee,

Defendants.

)))))))))))))))))))))))))))))))

CASE NO.: CV11-01896DEPT. NO.: 6

NOTICE OF ENTRY OF ORDER



Clerk of the Court



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LasVegas,NV

89148

(702)382-1500

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NOTICE OF ENTRY OF ORDER

NOTICE is hereby given that an Order was entered granting Defendant Cary

Sternlichts Motion to Dismiss on February 8, 2012, a copy of which is attached hereto

Exhibit 1.Dated this 21stday of February, 2012.

LIPSON NEILSON COLE SELTZER& GARIN P.C

GBy: __________________________________

Joseph P. Garin (Bar No. 6653)Shannon D. Nordstrom (Bar No. 8211)9080 West Post Road, Suite 100Las Vegas, Nevada 89148(702) 382-1500

Attorneys for Defendants Washoe Legal ServicesPaul Elcano, Todd Torvinen, Karen Sabo, KathyBreckenridge, Jon Sasser, and Marc Ashley

AFFIRMATION

(Pursuant to NRS 239B.030)

The undersigned does hereby affirm that the proceeding document,NOTICE OF

ENTRY OF ORDER, filed in Case No. CV11-01896, does not contain the Social Security

Number of any person.

Dated this 21stday of February, 2012.

LIPSON NEILSON COLE SELTZER& GARIN P.C

GBy: __________________________________

Joseph P. Garin (Bar No. 6653)Shannon D. Nordstrom (Bar No. 8211)9080 West Post Road, Suite 100Las Vegas, Nevada 89148(702) 382-1500

Attorneys for Defendants Washoe Legal ServicesPaul Elcano, Todd Torvinen, Karen Sabo, KathyBreckenridge, Jon Sasser, and Marc Ashley

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EXHIBIT INDEX

No. 1 Order 3 pages

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Exhibit

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12-20-2011:09:37:36 PMCraig Franden

Clerk of the Court



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1 CODE: 1845234567 IN THE FAMILY DIVISION8 OF mE SECOND UDICIALDISTRICT OURTOF THE STATEOF NEVADA9 IN AND FORTHE COUNTY OF WASHOE

10ASHWIN JOSHI,11

12 Plaintiff, CaseNo. DVOS-O1168vs.13 Dept.No. 1414 BHARTI JOSHI,

Defendantl Counterc aimant.15 /16 ORDER AFTER TRIAL1718 A Complaint for Divorce was filed by ASHWIN JOSHI (hereinafter Mr. Joshi),by

and through his attorney, JOHN P. SPRINGGA TE, ESQ., on July 8, 2008. An Answer and19 Counterclaim was filed by BHARTI JOSHI (hereinafter Ms. Joshi'), by and through her20 attorney of record, ZACHARY B. COUGHLIN, ESQ.,on July 18, 2008. Argument was21 heard on March 12, 2009and March 17, 2009. Mr. Joshiwas present and representedby22 JohnP. Springgate, sq.;and Ms. Joshi,waspresentand represented y ZacharyB.23 Coughlin,Esq.,of Washoe egalservices.24 All testimonyand arguments avingbeenheard,all pleadingson file havingbeen25read, all exhibits, tapes, and notes having been reviewed, the Court finds and Orders as26 follows.27III28 /11

FILEDElectron)cally04-13-2009:09:23:48 AM

Howard W. ConyersClerk of the Court

lransaction 706269

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1 ~DINGS OF FACf2 1. The parties were married May 11,1987, n Bombay, India.3 2. The partieshave wo children,both of whom are now adults.4 Although Mr. Yoshi has no obligation to support said children any longer5 pursuant to NRS 125.510(9)(b),Ms. Yoshi requests he financial assistanceof Mr. Yoshi so6 as to provide for the children's continuing education. (Answer, pg. 2, lines 16-18).7 TheCourt notes hat on August1, 2008,Mr. Joshi iled a Motion For ReturnOf8 Personal roperty' requesting hat Ms. Joshi eturn his passport, reencardand social9 securitycard. On August 7, 2008,Ms. Joshi, y and through her attorneyof record,

10 Mr. Coughlin, iled an Opposition o the return of Mr. Joshi'spassport iting caseaw11 involving minor children and their support. Ms. Yoshi iled said oppositionwhile12 acknowledging the parties' children were both over eighteen years of age at the time. On13 August18,2008, udgeSchumacher rderedMs.Joshi o immediately eturn Mr. Joshi's14 passport within five days.15 3. There is community property to be divided.16 In Mr. Joshi's Complaint filed July 8, 2008,he indicated there was community17 property and debts which should be divided by the Court.18 Ms. Joshi iled an Answer and Counterclaim on July 18, 2008, ndicating the19 parties' community property should be equitably divided, including Ms. Joshi's20 "women's wealth", the vehicles n each party's possession, he vehicles in their children's21 possession, nd "the money the [Ms. Yoshi] earned while working for Legendary Luxury22 Camping Safari in Houston Texaswhich was automatically deposited in [Mr. Yoshi's]23 account every month for two and one-half years, [and] which [Mr. Yoshi] told [Ms. Yoshi]24 he would give to her." (Answer,pg. 2, ines21-26).25 The Court notes the following information has been provided and has been taken26 into consideration on this issue:27 a. "Women's Wealth" Pro~e : ):-Thepartiesagreed hat the parties'28 community interest in the "woman's wealth" jewelry (location unknown) belongs o Ms.

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1 e. London BankAccount Mr. Joshi estified hat that he did not know2 if Ms. Joshi's earnings from Tanzania were placed n a London bank account. Mr. Joshi3 testified he did not control Ms. Joshi'smoney at that time.4 Ms.Joshi resentedoevidencehatherearnings ereplacedn a London ank5 account. o the Court's knowledge,Ms.Joshi onducted o discoveryon this ssue.6 f. Communit~BankAccounts Ms.Joshi estified hat she equested7 accesso the bank accounts rom Mr. Joshi,but that he would not let her see he bank8 statements. urther,Ms. Joshi estified hat shedid haveher own credit and shedid have9 accesso Mr. Joshi's redit card statements.

10 There was no further evidence presentedas o the conununity bank accounts.11 4. There is community debt to be divided.12 The Court notes the following information has been provided and has been taken13 into consideration on this issue:14 a. General Credit Card Debt. Mr. Joshi estified that he owes15 approximately $15,650 n credit card debt (Trial Exhibit "E"), and argued the charges16 were incurred for community expenses, olidays, family expensesand household17 expenses.18 Ms. Joshi presented no evidence regarding community credit card debt.19 b. Best Bu~ CreditC~d Qg~ - Mr. Joshi tated hat the parties20 purchaseda computer and T.V. at BestBuy for approximately $1,314.00.Mr. Joshi21 testified Ms. Joshi has both of these tems.22 Mr. Joshi equested e be awarded he computerpresently n Ms.Joshi's23 possessionnd hat she etain he T.V.24 Ms. Joshi presented no evidence on this issue.25 c. Medic~l ~Q - Mr. Joshi estified he owes $6,735.00o St. Mary's26 Hospital for surgery in May 2008 Trial Exhibit "F") and $500.00 o REMSA (Trial Exhibit27 "G").28 At trial, Mr. Joshioffered o pay hese ommunitydebts.

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8 .1 Ms. Joshi presented no evidence on this issue. To the Court's knowledge, Ms.2 Joshiconducted no discovery on this issue.3 d. FamiI~DeQt there re wo debts wing o familymembersr on4 behalf of family members that were presentedat trial.5 Mr. Joshi ntroduced evidenceat trial regarding a $5,000.00 ebt to Rod and6 MeenaFowler (Trial Exhibit"H/') in the orm of a etter rom Rod and MeenaFowler.7 The letter states that the parties owe money in the amount of $6/000.00, which was '/long8 overdue" by approximarely ix (6)years, or money oaned o Mr. Joshi'smotherwhen9 she was ill. The letter referencesa I'copy of your letter a~eeing to pay us back" but did

10 not attach a copy of said letter. At trial, Mr. Joshi estified that he did not have a copy of11 the referencedetter. MS.Joshi estified hat this debtwas 1madeup."12 Mr. Joshi testified regarding a debt of approximately $5,000owing to a family13 member by the name of Ashik Nanaby (SP?)Ior buying plane tickets for the Joshi amily14 to come to the Unites States n 2001. Ms. Joshi estified that she could not obtain any15 information regardmgtrus debt as the other party '1wanted o stay out of the divorce."16 At trial, Mr. Joshi offered to pay thesecommunity debts.17 e. GeneraLCommun. txebt Mr. Joshi estified hat he pays18 approximately 600per month or communitydebts, xcludinghis car and nsurance.19 Ms.Joshipresented o evidenceegardinggeneral ommunity debt.20 Mr. Joshioffered o pay the communitydebt n his name hat he had beenpaying21 and ake an unequaldivision of communitydebt.22 5. Ms. Joshi equests pousal upport.23 Specifically,Ms. Joshi equested pousal upport luntil her deathor remarriagel24 whicheveroccurs irst." (Answer,p. 3, ines5-6).25 TheCourtnotes he ollowing nformation asbeen rovided ndhasbeenaken26 into consideration n this ssue:27 Mr. Joshi s 51yearsof ageand Ms.Joshi s 46 yearsof age. The partiesmoved o28 the United Statesrom Tanzanian 2001.

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Ms. Joshi s a college graduate and has worked continuously since the partiesmoved to the United States. Ms. Joshi s presently employed by Raley's as apharmaceutical technician and earned approximately $29,500.00n 2008. Ms. Joshi hastestified she has raised the parties' children and thereby has foregone educationalopportunities and has put her dreams aside.

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Mr. Joshi testified he is a high school graduate. Mr. Joshi s employed as a cateringmanager. In 2008,Mr. Joshi earned approximately $41,500.00while working for twocompanies-American Bar and Restaurantand Sierra Sport Service. At trial, Mr. Joshiintroduced his W-2 from American Bar and Restaurant eflecting earnings of $4,157.(Trial Exhibit C ); and his W-2 from Sierra Sport Service n the amount of $37/504.18(Trial Exhibit D ). Mr. Joshi testified that business s slow and he is presently workingfor only one company-American Bar and Restaurant. Mr. Joshi testified he has only twoweeks of work scheduled for March, 2009;and he filed for unemployment benefits nMarch, 2009.

Mr. Joshi requested the Court consider his net income after deducting taxes, actorin the present $600per month he is presently paying for community debt, and set off anyalimony responsibility by his assumption of an unequal distribution of community debt.

Further, to protect Ms. Joshi n the event Mr. Joshi filed for bankruptcy, Mr. Joshisuggested hat the court maintain jurisdiction over the issue of spousal support for fiveyears.

5. Ms. Joshi requests easonableattorney's fees be paid to Washoe LegalServices or the services of Mr. Coughlin. Mr. Joshi requests easonableattorney's feesbepaid to his attorney, Mr. Springgate.

The Court notes the following information has been provided and has been akeninto consideration on this issue:

On July 18, 2008,Mr. Coughlin filed a Statementof Legal Aid Representationwhich statesDefendant is receiving II free legal assistance rom Washoe Legal Servicespursuant to NRS 12.015:

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On October 3, 2008,Judge Jordan presided over the parties' Case ManagementConference. At that hearing, the parties were unable to reach a settlement. Further, onMarch 12, 2009,Judge Gardner conducted a Settlement Conference or approximately oneand one-half hours, prior to starting the trial at approximately 3;00 pm. The parties didnot agreeon settlement and trial was commenced.

In his closing argument at trial, Mr. Coughlin, on behalf of Ms. Joshi,stated that hedid not understand and could not agree with equalizing debt when one party ended upwith a nicer car. He stated that he had crunched the numbers and could not see t theother way. Mr. Coughlin cited an ALR article regarding community debt and stated hisclient does not have much for the creditors to take. He requested hat his client assumeone.half the community debt and that the Court find Plaintiff s two $5,000debts to familymembersand friends as Mr. Joshi's separatedebts. Mr. Coughlin stated his client is beingasked o foot the bill for Plaintiff's debts and referenced hat Ms. Joshi s a caring andcommitted mother.

Mr. Joshi testified that he had paid Mr. Spring gate $4,000.00 ince July, 2008,for attorney's fees and costs.

Mr. Joshi requested that Mr. Coughlin personally pay his attorney's fees or 4.15hours of trial at the rate of $225per hour pursuant to NRS 7.085. Mr. Springgate testifiedMr. Coughlin had not conducted any discovery, had produced no evidence regardingMs. Joshi's community debts other than her Financial Declaration on file, had presentedno evidence egardingalimony and had acted n a vexatiousand unreasonable annerin representing Ms. Joshi n this divorce proceeding.

CONCLUSIQ~S OF LAW1. Ongoing SuEErt for the Adult Children's Education-

Pursuant to NRS 125.510(9)(b), xcept where a contract providing otherwise hasbeen executed pursuant to NRS 123.080,he obligation for care, education, maintenanceand support of any minor child created by any order entered pursuant to this sectionceases: a) Upon the death of the person to whom the order was directed; or (b) When

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123 Therehasbeennocontinuing support of the parties' adu]t children. As there has been no legal basis56789

provide for the adult children's education.2. CS)mmuni~ PrEert~ Deb -Pursuant to NRS 125.150(1(b) and Putrennan . Putrennan,113 Nev. 606,939 P.2d

the Court shall ensure an equal disposition of theestate, absent compelling reasons ustifying an unequal distribution. Theommunity0

111213141516171819202122232425262728

a.

customary

b.

conununitydebt of approximately $4,100.00.c.

d.

by Ms. Joshi ustifying a request orvidence resented

" - he parties have agreed hat the parties'entirely to Ms. Joshi according to

beliefs, and thereby should be declared her sole and separateproperty.

property o Ms.Joshiassoonas possible.Mr. Loshi'sVerocle - The 2005Chevrolet Blazer shall be considered

As the car is worth $10,910.00 ut there is $15,009.75 ue and owingconsider Mr. Joshi's assumption of this assetas an undertaking

Ms. loshi's V ehic ~ considered er soleandMs.Joshi's arshall beMs. Joshishall beresponsibleor any debt remaining hereon.As

Son'sVehi~~-As the only evidence resented n this ssuewas heyments hereon, his

the community.mong

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e. Q~yghter sVehis.le The only evidence presented on this issuewasfact that the parties adult daughter drives this car and makes payments thereon. Ms.

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f.

g.

h.

i. Television - Ms. Joshi s awarded the television purchased at BestIt is the Court s understanding this television is currently in Ms. Joshi spossession.

j. General Credit Card Debt-The evidence presented ndicates aMr. Joshiagreed o be responsibleor this

separately esponsibleor this debt.k. BestBu):Credit CardDebt

solely and

computerMr. Joshi agreed to be responsible or this debt at tria].

London Bank Account- here was no evidence presented o thethere is no factual basis o support ansxists. such,

Communi~ BankAccounts herewas no evidence resented s ocommunitybank accounts.As such, here s no factualbasis o support

it asa communityasset.ComEuter - Mr. Joshi s awarded he computerpurchased t Bestdeliver saidcomputer o Mr. Springgate s fficeon or beforeFriday,

debtat trial. As such,Mr. Joshi hallbe

-Theevidence resentedndicates here

As such,Mr. Joshi hallbe

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1. Medical Debt-As Mr. }oshihas offered to pay these debts he shall

evidence resented s ofor the Joshi amily.

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Pursuant

Ms.Joshipresented o evidencen supportof her request or alimony other han4

TheCourt finds that the parties

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Attornex's Fees.This Court enjoys discretion to award attorney's fees n a divorce action. (~

pursuant to1

2728

are eleven (11) actors the court shall consider no NRS 125.150(8), there

to any of the eleveneferenceherewasno

approximately he sameamount,approximately 3,125 er month

presentlyearn

March2009.u NRS125.150(8)(a.heand Ms. Joshihasalwaysbeenemployedduring thatyears

law, this Court doesnotnd hevidencepresented applicable

Also,

Finally,pursuant o NRS7.085,f a courtmaintainedor defended civil actionor proceeding

and suchactionor defenses not well-grounded n fact or is nottate

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12

At trial, Mr. Springgate stated that Mr. Coughlin had conducted no discovery inIn addition, Mr. Coughlin

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throughout trial.The Court notes that there were well over 40 objections during four (4) hours of

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Springgate.The Court notes that at one point, after an exhibit had been admitted,

Coughlin could not find the copy provided by Mr. Springgate in discovery.

My understandings that you are supposedo provide a copy.asked f he had the copy of the document,Mr. Coughlinstated, I do not know. I

to quit

personally to pay the

failed o presentone documentary ieceof evidence

Mr. Coughlin wasoverruledon everyobjectionexceptoneand arguedrulings. Mr. Coughlinwas admonished pproximately 5 imes

Mr.

Springgateo provide a copyat the ime he s Mr. Coughlin cited no rule and then

Mr. Springgate to the argumentsepliedThe had to Mr.ocated. Court admonish

the point and that the exhibit had beenrguing admitted.

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Coughlin iled an Answerr.2

antagonistic resentation f the case hat resulted n a shift from a fairly simpledivorce

For all these easons,he Court inds that Mr. Coughlin'spresentation f the casein support hereof o be unfounded n fact,unwarrantedby existing aw,

and vexatious hroughout his entireproceeding.

5. PreEaration f the Decr~Mr. Springgate hall prepare he decree f divorceconsistentwith thism decision. Mr. Springgate hall enderhis proposeddecree o Mr.

WDCR9, within 20days rom the date of this order.

Dated:

and Counterclaim n Ms. Joshi'sbehalf hat

sheet;

of 934 within 30 days ofmount

13


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1 CERTIFICATE OF MAILING2 Pursuant to NRCP 5 b), I certify that I am an employee of the SecondJudicial3 District Court and that on the -~ day of April, 2009, lelectronically filed the4 with the Oerk of the Court System which will send a notice of electronic filing to the5 following:6789

10111213141516171819202122232425262728

Document: ORDER AFTER TRIAL

JOHN P. SPRINGGATE FSQZACHARY B. COUGHUN F5Q

foregoin

Assistant

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Document Code:

Zach Coughlin, Esq.

NV BAR No: 947!" B"# $%9&'

Reno, NV (9&%$

)ele: 77&*(*(++(a-: 949*$$7*74%'


/n 01o 0e1

/N )2E 3EC"ND 5D/C/A6 D/3)R/C) C"5R)



!lainti;;.

as E-ecuti

as 863 atto1ne>, "N 3A33ER, /ndiand in his ca0acit> as 863 agent, =AREN

3AB", /ndi and in he1 ca0acit> as 863

atto1ne>, ?ARC A326E, /ndi and inhis ca0acit> as 863 atto1ne>, ZANDRA

6"!EZ /ndi and in he1 ca0acit> as

863 em0lo>ee

De;endants.

CA3E N": CV++*%+(9$

DE!). N": $

?")/"N "R E#)EN3/"N " )/?E )" !ER"R? 3ERV/CE " !R"CE33

Zach Coughlin, 0lainti;;, su@mits this motion on his on @ehal;.

)his ?otion is made 0u1suant to the autho1ities discussed @elo, including NRC! 4i and is

su00o1ted @> the attached ?emo1andum o; !oints and Autho1ities, the Decla1ation o; Zacha1> B.

- ++& -MOTION FOR NEW TRIAL, OR PLED IN THE ALTERNATIVE, MOTION TO ALTER OR AMEND



Clerk of the Court



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Coughlin, Esq., the 0a0e1s and 0leadings on ;ile he1ein, and an> o1al a1gument this cou1t ma> alloB,

as it is @eing 1equested.

MEMORANDUM OF POINTS AND AUTHORITIES

I. STATEMENT OF FACTS AND PROCEDURAL HISTORY

)his ;ilign is @eign ;iled da>s ea1l> Bith an intent to su00lement it gi ;iled and se1ed.

Ci g1anted August (, '%++, and the Com0liant Bas stam0ed Bith a ;iling date o;

August ++, '%++ and ente1ed in the DocFet in this matte1 on that date as Bell. +'% da>s ;1om August

++, '%++ is Decem@e1 9, '%++, Bhich ha00ens to @e the da> that )1a 1esident o; 8ashoe Count> se1


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+%, '%++. u1the1, B1ecFen1idge as se1 the 8C3" on +++&++ in CV++*%+(9$ @ut that

same A;;ida should se1


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Bith 01eGudice, the Cou1t ma> dismiss an action Bithout 01eGudice Bhen se1. 3ee

N.R.C.!. 4i. /n addition, C/3s 1equest ;o1 atto1ne>s ;ees and costs is denied at this time @ecause the

Cou1t dismissed this action on 01ocedu1al g1ounds Bithout anal>Jing the me1its o; !lainti;;s case.I

/ dont @elie o; the ;actual ;indings in that "1de1 a1e accu1ate, as all o; those

indi the 8C3", @ut / got )1a se1 some 77 da>s o1 so into the +'% da> 0e1iod alloBed

unde1 NRC! +'%. u1the1, / @elie %, '%%+, ?ann ;iled an amended com0laint and thedist1ict cou1t issued a summons. "n une 4, '%%+, ?ann se1


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o1iginal summons, and the su@sequent summons. Ame1ican Ai1lines late1

mo 0e1iod set out in Rule 4m: /n this case, 0lainti;;s o1iginal

com0laint as timel> ;iled, on the (9th da> o; the M+%9% 9% da> 0e1iod.

iling a com0laint gi 0e1iod mandated @> the ADA 1equi1es the cou1t to dismiss. Em0hasis

added. ?ann a00eals. // +O'O )he co11ectness o; the dist1ict cou1tsdismissal on statute o; limitations g1ounds is a question o; la 1e 0e1iod had e-0i1ed. 8e conclude that it did. ed.R.Ci


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&+7 5.3. $&4, $$', ++$ 3.Ct. +$(, +4 6.Ed.'d ((% +99$. )his di;;e1s

;1om ;o1me1 Rule 4G, hich did not 0e1mit e-tensions a@sent good cause.

/d. at $$+K$', ++$ 3.Ct. +$(. "n its ;ace, Rule 4m does not tie the handso; the dist1ict cou1t a;te1 the +'%Kda> 0e1iod has e-0i1ed. Rathe1, Rule 4m

e-0licitl> 0e1mits a dist1ict cou1t to g1ant an e-tension o; time to se1 @e a11anted i; the statute o; limitations has 1un. $O 2e1e,

e used its disc1etion to e-tend the time;o1 ?ann to se1 0e1iod does not a;;ect the tolling o; the statute o; limitations

unless the ;ailu1e to se1 se1 ithin its

disc1etion. N4 N. )he dist1ict cou1ts 1eliance on 8ilson


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3ome atto1ne>s 0leadings looF 1eall> good, ;o1matting Bise, Gust @eauti;ul, hoBe

dont 1eall> shed an> light on the legal issues in a 0lainti;;s 1easona@le @elie; that he Bas unde1 alegal const1aint not to se1

01oceedings and Bhile the case Bas not on the dist1ict cou1ts actiee te1minated ;1om he1 0osition as a01ison*@ased in;ectious diseases counselo1 shoBed good cause ;o1 he1 ;ailu1e to se1


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the cou1t ;o1 almost a >ea1 @e;o1e su@stituted counsel as o@tained, and the

em0lo>ees e;;o1ts to 0u1sue the 01osecution o; he1 case e1e diligent and 1easona@le.

Cunningham , '% .R.D. 9+, $' ed. R. 3e1 se1s @> the ?a1shals

in com0leting se1 @ecause o; the high


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lea1ned that the de;endant had sto00ed su@sc1i@ing to that se1s o; se1 o; com0laint ;o1 se1 o; the com0laint ;o1 se1 cou1t 0e1sonnel ;o1 se1e1 on @ehal; o; a ;o1me1

em0lo>ee 01oceeding 01o se and in ;o1ma 0au0e1is, 01oe1 to 1ead, the

cou1t in ?c=enJie < Amt1aF ? o; E +99%, 3D N 777 3u00 +++9, ;ound that the ;ailu1e o; cou1t

0e1sonnel to maFe a legi@le co0> o; the com0laint ;o1 se1


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em0lo>ee o; the illegi@ilit> o; the com0laint @ut had ;ailed to so ade1s FnoBledge that the em0lo>ee Bas 01oceeding 01o se, Bas

0a1tl> to @lame ;o1 the dela> in se1 Bould not @e all that ;ai1 to sa> NRC! 4i gi


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u0on motion, unless the 0a1t> on Bhose @ehal; such se1 the costs o; so doing o1 C@ 3u@mit

a statement o1 othe1Bise indicate to the cou1t that the 0e1son is a client o; a 01og1am ;o1 legal aid. '. /;

the cou1t is satis;ied that a 0e1son Bho ;iles an a;;ida the

costs o; 01osecuting o1 de;ending the action o1 i; the cou1t ;inds that a 0e1son is a client o; a 01og1am

;o1 legal aid, the cou1t shall o1de1: Ca )he cle1F o; the cou1t: C+ )o alloB the 0e1son to commence o1

de;end the action Bithout costs and C' )o ;ile o1 issue an> necessa1> B1it, 01ocess, 0leading o1 0a0e1

Bithout cha1ge. C@ )he she1i;; o1 othe1 a001o01iate 0u@lic o;;ice1 Bithin this 3tate to maFe 0e1sonal

se1 necessa1> B1it, 01ocess, 0leading o1 0a0e1 Bithout cha1ge. . /; the 0e1son is 1equi1ed to

ha the count>. ...I

- ++D+& -MOTION FOR NEW TRIAL, OR PLED IN THE ALTERNATIVE, MOTION TO ALTER OR AMEND


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NR3 +'.%+& does not sa> Ithis Cou1t shall gi and

genu;lects a @unch....I /ndeed, ?c=enJie seems to maFe clea1 that, at least in some Gu1isdictions, the

Cou1t and 3he1i;; handle all the 0hotoco0>ing and deli to

e;;ectuate se1 0e1sonal, in;lammato1>, and sensiti 3he1i;;s ";;ice that ma> @a1e on the

8C3"s ;ailu1e to co11ectl> com0l> Bith the "1de1 1anting /n o1ma !au0e1is status to the

unde1signed. 2oBe going into them

Be1e a@solutel> necessa1>. 3u;;ice to sa>, it is highl> cu1ious that the 8C3"s, gi manged to ;ile ' A;;ida


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1athe1 1etu1n it to the EE"C Bith the Ino longe1 at this add1essI >elloB sticFe1 and notice o; the

1eci0ients neB add1ess as is the 53!3 custom u0on the e-0i1ation o; +' months ;1om the ;iling o; an

";;icial Change o; Add1ess ;o1m Bith the 53!3.

!lease set aside all the dismissals and 1ecogniJe 01ocess and se1 conducted, o1 g1ant additional time to e;;ectuate such se1s o; I1ecei0tI o; the EE"C Right )o 3ue

6ette1 is met 1ega1dless o; such an e-tension, and o1 consolidate these cases, and an> othe1 1elie;

this Cou1ts sees as a001o01iate.

AFFIRMATION Prsant to NRS )C6*.7C7

)he unde1signed does he1e@> a;;i1m that the 01eceding document does not contain the social secu1it>

num@e1 o; an> 0e1son.

Dated this ?a1ch '$, '%+' though / ha


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DECLARATION OF ACH COUGLIN IN SUPPORT OF THE FOREGOING DOCUMENT

+. )his Decla1ation is made 0u1suant to the 01o in the 3tate o;

Ne o; 0e1Gu1> that the ;o1egoing is t1ue and co11ect.

'. Decla1ant is the !lainti;; in the a@o that the ;o1egoing is t1ue and co11ect.

Dated this ?a1ch '$, '%+'

s Zach Coughlin

Zach Coughlin

!6A/N)/

- +4+& -MOTION FOR NEW TRIAL, OR PLED IN THE ALTERNATIVE, MOTION TO ALTER OR AMEND


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Proof of Ser#i!eH

"n this date, /, Zach Coughlin elect1onicall> se1 o; the ;o1egoing

document to all 1egiste1ed e;ile1s, and to those hom a1e not / 0laced a t1ue and co11ect co0> o; the

;o1egoing document in the us0s mail on this date:

B1ian onsal ;o1 De;endant 8A32"E 6EA6 3ERV/CE3, a Ne as Boa1d !1esident o; 863, )"DD)"RV/NEN, /ndi and in his ca0acit> as 863 Boa1d ?em@e1, !A56 E6CAN", /ndi

and in his ca0acit> as E-ecuti as 863 atto1ne>, "N 3A33ER, /ndi and in

his ca0acit> as 863 agent, =AREN 3AB", /ndi and in he1 ca0acit> as 863 atto1ne>,

?ARC A326E, /ndi and in his ca0acit> as 863 atto1ne>, ZANDRA 6"!EZ /ndi

and in he1 ca0acit> as 863 em0lo>ee

DA)ED )2/3: Dated this ?a1ch '$, '%+'

s Zach Coughlin

Zach Coughlin

!lainti;;

- +&+& -MOTION FOR NEW TRIAL, OR PLED IN THE ALTERNATIVE, MOTION TO ALTER OR AMEND


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Document Code:

Zach Coughlin, Esq.

NV BAR No: 947!" B"# $%9&'

Reno, NV (9&%$

)ele: 77&*(*(++(a-: 949*$$7*74%'


/n 01o 0e1

/N )2E 3EC"ND 5D/C/A6 D/3)R/C) C"5R)



!lainti;;.

as E-ecuti

as 863 atto1ne>, "N 3A33ER, /ndiand in his c

6 14 12 0204 60317 01896 01955 01168 60302 Docketing Statement 202 pages 12-18740

Documents

Transcript of 6 14 12 0204 60317 01896 01955 01168 60302 Docketing Statement 202 pages 12-18740