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CODE: 2145

JOHN P. SPRINGGATE, ESQ.


Nevada Bar #1350
203 South Arlington Avenue
Reno, NV 89501
Telephone: 775.323.8881
Attorey for Plaintiff
IN THE FAMILY DIVISION
F I LED
Electronically
08-04-2009:03:02: 18 PM
Howard W. Conyers
Clerk of the Court
Transaction # 945045
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IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
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9 ASHWIN JOSHI,
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11 vs.
Plaintif
12 BHARTI JOSHI,
13 Defendant.
.
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CASE NO.: DV08-01168
DEPT. NO.: 14
15 MOTION FOR ORDER TO SHOW CAUSE RE: CONTEMPT
16 COMES NOW, Plaintiff above-named, ASHWIN JOSHI, by and through his undersigned
17 counsel, JOHN P. SPRING GATE, ESQ., and moves this Court for its Order to Show Cause why
18 the Defendant's previous counsel, Zachary Coughlin, should not be held i contempt of this COUlt.
19 M. Coughlin is in contempt of this Court's Order dated April 10, 2009, for his refsal to pay the
20 COUlt ordered attorey's fees due M. Springgate in the amount of$934.00.
21 Plaintiff also requests reasonable fees for making this motion.
22 This Motion is made and based upon the attached Memorandum of Points and Authorities,
23 and the Afdavit submitted herewith and all the evidence to be produced at the hearing had
24 hereon.
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DATED this 4day of August, 2009.

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1 MEMORNDUM OF POINTS AND AUTHORITIES
2 NRS 1.210(3) states that the Court has the power to compel obedience to its orders and
3 NRS 22.010(3) provides that "the refusal to abide a lawfl order issued by the Court is in
4 contempt".
5 The Order of April 10, 2009, provides that the Defendant's attorey, Zachary Coughlin,
6 Esq., is to pay $934.00 as and for attorey's fees within thirty (30) des of te date of the order.
7 In this case, Mr. Coughlin is in violation of this Order by failing to make the payment
8 ordered by this Court.
9 Although he has appealed this Order to the Nevada Supreme COUlt, and he has fled a bond
10 for costs on appeal, he has not filed a motion for a stay of this order, nor has he bonded against
11 the judgment. Accordingly, and without tose protections, the Judgment remains valid and
12 enforceable, even pending the appeal.
13 Although the prties have been diligently attempting to resolve the matter with the
14 Supreme Court Settlement Judge, they have been unable to do so. Accordingly, there is no valid
15 reason for the Plaintiff to withhold enforcement of his judgment, and he moves this Court for its
16 Order requiring Mr. Coughlin to appear and show cause why he should not be held in contempt,
17 and order him to reimburse M. Joshi the attorey's fees as ordered, and pay the attorey's fees
18 and costs incurred in having to respond to this matter and file this motion. That amount may be
19 frther increased depending on Mr. Coughlin's opposition, the reply, and hearing.
20 DATED this -day of August, 2009.
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AFFIDAYIT
2 STATEOFNEVA DA
)
3 COUNTY OF WASHOE
ss:
4 JOHN P. SPRINGGATE, being first duly swor, deposes and says:
5 1. I am the attorey for Ashwin Joshi, the Plaintiff in this matter and make this
6 Afidavit in SUPp0l1 of his Motion for Order to Show Cause.
7 2. This COUlt ordered M. Coughlin, on April 1 0,2009, to pay $934.00 in attorey's
8 fees and costs incurred. Mr. Coughlin has failed to do so.
9 3. To my knowledge, from a review ofthe fle and the flings in this matter, there has
10 been no stay of the judgment entered here or in the Supreme Couli, nor has the judgment been
1 1 bonded on appeal.
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4. I have expended one (1) hour in the drafing and fnalizing of this motion, and will
expect to expend f11her time and efOlt in litigation of this matter unless Mr. Coughlin's payment
is fOlthcoming. I am cmrently billing at $300.00 per hour.
FURTHER AFIANT SAYETH NOT.
SUBSCRIBED AND SWORN
to before me this day
of A ust, 2009.
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CERTIFICATE OF SERVICE
Pursuant to NRCP 5(b), I hereby certif that I am an employee of THE LA W OFFICES
OF JOHN SPRING GATE, and that on ths date I personally served at Reno, Nevada, a true copy
of the within MOTION FOR ORDER TO SHOW CAUSE R: CONTEMPT, flly addressed
to:
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Marc Ashley, Esq.
Staff Attorey
Washoe Legal Services
299 S. Arlington Avenue
Reno, NV 89501
Zachary Coughlin Esq.
945 West 21
n
Street
Reno, N 89503
for mailing by first class mail, postage prepaid
by personal delivery
by telephonic facsimile
by Federal Express or other overnight delivery
by placing a true copy thereof for collection and delivery by Reno/Carson
Messenger Service on this date.
AFFIRMATION PURSUANT TO NRS 239B.030
The undersigned does hereby affrm that the preceding document does not contain the
social security number of any person.
Dated this q+day of August, 2009.
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