Exhibit 2

EXHIBIT 2
EXHIBIT 2
I
2
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LAW GFncES OF
JOHN P.SPRlNGGATE
2035, ARLINGTON AVENUE
RENO, NEVADA 89501
(775) 323-888 I

CODE:
JOHN P. SPRINGGATE, ESQ.
Nevada Bar #1350
203 South Arlington Avenue
Reno, NY 89501
Telephone: 775.323.8881
Attorney for Plaintiff
'--,
f:}1 8: 5 J
IN THE FAMILY DIVISION
IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
*****
ASHWIN JOSI:U. .,)
.. \\44 Vd'
Plaintiff,
CASE NO.: _____ _
vs. DEPT. NO.: ____ 6-=--__
BHARTI JOSHI,

Defendant.
____
COMPLAINT FOR DIVORCE
COMES NOW the Plaintiff above-named, and for a cause of action against the
Defendant above-named, complains and alleges as follows:
I
That for more than six weeks immediately preceding the commencement of this
action, Plaintiffhas been, and now is a bona fide resident of and domiciled in the State of Nevada
and has been for said period oftime actually, physically and corporeally present in said state.
III
II
0001
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LAW OFFICES OF
JOHN P. S[>RlNGGATE
203 S. AIU.INGTON AVENUE
RENO. NEVADA 89501
(775) 32H88 I

That Plaintiff and Defendant intennarried on or about the II th day of May, 1987,
in Bombay, India, and ever since that time have been and now are husband and wife.
ill
That there are 2 children born the issue of this marriage, both of which are majority
mage.
N
That there is community property and debts belonging to the parties which must
be allocated and distributed by the Court.
v
That Plaintiff has found it necessary to retain the services of an attorney to
prosecute this action, and he is entitled to a reasonable attorney's fee therefore, plus costs of suit.
VI
That the parties are incompatible III marnage and there IS no chance for
reconciliation.
WHEREFORE, Plaintiff prays for judgment as follows:
1. That the contract of marriage now existing between the parties be dissolved, and
that Plaintiff be granted an absolute decree of divorce, and the parties hereto be restored to the
status of single persons.
2. That this Court detennine that there is community propertyldebt ofthe parties,
and distribute the same.
III
III
-2-
0002
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LAW OFFICES OF
JOHN P: SPRINGGATE
203 S. ARLINGTON AVENUE
RENO. NEVADA 89501
(775) )2)-8881

3.
That the Defendant be ordered to pay Plaintiff a reasonable sum as and for
his attorney's fees and costs, plus all other fees paid to other professionals retained by him as a
result of this litigation.
4. For such other and further relief as the Court deems just and proper.
DATED this --P.l day of June, 2008.
-3-
0003
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LA\',i OFHCES OF
JOHN P: $PRINGGATE
20] S. ARlINGTON AVENUE
RENO, NEVADA 89501
ms) 323-8881

STATE OF NEVADA
COUNTY OF WASHOE
)
) ss:
)

VERIFICATION
ASHWIN JOSHI, under penalties of perjury, being first duly sworn, deposes and
says:
That he is the Plaintiff in the above-entitled action; that he has read the foregoing
COMPLAINT FOR DIVORCE and knows the contents thereof; that the same is true ofms own
knowledge, except for those matters therein contained stated upon information and belief, and as
to those matters, he believes them to be true.
SUBSCRIBED anp. SWORN to
of
2008

-4-
0004
I
2
3
4
5
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
26
27
28
LAW OFFICES OF
JOHN 1', SPRlNGGATE
RENO. NEVADA 89501
(775) 323-8881

SECOND JUDICIAL DISTRICT COURT
COUNTY OF WASHOE, STATE OF NEVADA
AFFIRMATION
Pursuant to NRS 2398.030
The undersigned does hereby affirm that the preceding document, COMPLAINT
FOR DIVORCE filed in case number: TO BE DETERMINED
does not contain the social security number of any person
-OR-
D Document contains the social security number of a person as required by:
D A specific state offederallaw, to wit:
(State specific state or federal law)
-or-
D For the administration of a public program
-or-
D For an application for a federal or state grant
-or-
D Confidential Family Court Information Sheet
(NRS 125.130, NRS 125.230 and NRS 1 .05)
Date: June 1,1 , 2008
-5-
John P. Esq.
(pnntName)
Plaintiff
(Attomey for)
0005
I
9
10
II
12
13
14
15
16
17
18
19
20
21

CODE: 1740
Nevada Bar #1350
Reno, NV 89501
Telephone: (775) 323.8881

OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
ASHWIN JOsm.
Plaintiff,
v.
BHARTIJOSm
Defendant.
--------------------,
Case No.:
Dept. No.:
SHORT FORM FINANCIAL DECLARATION
STATEOFNEVADA )
) ss.
COUNTY OF WASHOE )
;.1 ',.f08 011 r: Q
w . j
5
I, i]5H J,J) 10 . -3 MY1} , being duly sworn and under the penalties of perjury, depose
and state as follows:
I have read the contents of this Financial Declaration and am competent to testify as to the
contents, and the contents are true of my own knowledge except for those matters stated on information
22 and beli
as to those matters, I believe them to be true.
23
24
25
26
27
28
UW Ol-'F1CES OF
JOHN P. SPRINGGATE
RENO, NEVADA 89501
(775) 323-8881
(Signa
UBSCRIBED A}IP SWORN to
e r me this&",IfO day of
200t .
.
NOTARY PUBLIC
$',,, .. .. , .. "" ...... 11""".",,"' .... ,,,,; .. ,.,,,,, ..
i l '''''''" ...... ''' .. '''1''' ... '.
i IND.4 A. KNOWLDEN I
g F'ubHc State of Navada j
. APPVlntment Recorded in Washoe County
, No:0{).65If3-2'EJ:p'" J I
..... """''''''" .. ,''''"." .. "."''" ... ,, n S anua'Y 24, 2010
.. ", .. ,,",, .. , .. ,,,, .... ....... , .. ,i
0006
I
2
3
4
1.
5
6
7
2.
8
9
10
II
12
i3
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LAW OFFICES 01-'
JOHN r. SPRINGGATE
RENO, NEVADA 89501
{7Ti} 323-8881

MONTHLY INCOME
If you are presently unemployed, questions 1-2 and then go on to the rest
of the questions. If you are employed, print "not applicable" in questions
1-2 and go on to the rest of the questions.
N/A I am presently unemployed and have been unemployed since
(date of your last employment)
My last employer was ________________ " and I earned
$ _____ per hour I week I month (circle one).
Answer all of the following questions. If the question is not applicable in
your particular circumstances, print "NI A " in the spaces.
Monthly Money Earned and Received
I am employed and the earn the following wages:
I am paid by the hour and my hourly wage is:
I work hours per week.
I am paid (circle one) every week; every 2 weeks;
Ix a month; 2x a month, and without anything being
deducted from it, each check is for (attached last
3 paystubs):
I work overtime approximately hours per
month at the rate of $ per hour for
an average monthly overtime earning of:
I receive commissions each month in the amount of:
( averaged over a year)
I receive tips each month in the amount of:
(averaged over a year)
I receive bonuses each month in the amount of:
(averaged over a year)
Based upon the above information,
My total average monthly income from employment is:
-2-
$ 17.00
$ 671.00
$1,000.00 (V ARIESI APPROX.)
$N/A
$N/A
$N/A
$3,600.00
0007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
4.
5.
6.
7.
8.
10.
1.
2.
3.
4.
5.

Income Other Than Wage Earnings
I receive child support each month from the other party in
the amount of (amount of court order $ ):
I receive child support each month from someone else in the
amount of (amount of court order $ ):
I receive alimony/spousal support each month from the
other party in the amount of
(amount of court order $ ):
I receive alimony/spousal support each month from
someone else in the amount of
(amount of court order $ ):
I receive the following government assistance.
I receive Social Security Benefits each month in the amount of:
I receive Non Social Security Benefits each month in the
amount of:
I receive State or County assistance (welfare, TANF,
SITS, etc.) each month in the amount of:
I receive unemployment month in the amount of:
I receive retirement benefits each month in the amount of:
I receive investment income each month in the amount of:
I receive income from rental properties (excluding
depreciation) each month in the amount of:
$N/A
$N/A
$N/A
$N/A
$N/A
$N/A
$N/A
$N/A
$N/A
$N/A
$N/A
I live with someone (friend, relative, significant other) who
contributes to the living expenses each month in the amount of: $NI A
I am receiving educational or school benefits in the amount of: $NI A
I am receiving money from friends, relatives, or others each
month in the amount of: $N/A
I am receiving other sources of income, including but not
limited to, monthly distributions from a trust or will in
the amount of: (PART-TIME WORKIRUTHERFORD) $ 100.00
Y TOTAL MONTIIL Y INCOME FROM ALL SOURCES IF: $3,700.00
26 (this amount is your "gross income")
27
28
LA\ ... OffiCES OF
JOHN P. SPRINCGATE
203 S. ARUNGTON AVENUE
RENO, NEVADA 89501
(77SJ 323-8881
-3-
0008
I
2
3
4
5
6
7
8
9
10
II
12
13
14

HOW MUCH IS BEING WITHHELD FROM YOUR INCOME EACH MONTH?
Federal income taxes
Social Security
Medicare taxes
Child support for children with the other party
Child support for children with someone else
Alimony/spousal support paid to the other party
Alimony/spousal support paid to someone else
Retirement, 401 K, etc.
Health insurance total:
Of this amount, $ is the
amount paid for your and the other
party's children.
Any other garnishments or withholdings, please list:
$ 682.00
$ 223.00
$ 52.00
$N/A
$N/A
$N/A
$N/A
$N/A
$N/A
15 NONE
$N/A
16 OTAL WITHHOLDING FROM PAYCHECK: $ 957.00
17
18
19
20
21
22
23
24
25 II
26 II
27
28
LAW' OrI'ICES OF
JOHN P. SPRlNGGATE
RENO. NEVADA89501
1n5) 32H881
YOUR TOTAL EXPENSES EACH MONTH
(REPORT ONLY THE AMOUNT YOU ACTUALLY PAY)
Each month I pay rent or mortgage or I contribute to the
rent or mortgage where I live in the amount of: $ 500.00
For food each month, I spend or contribute to the family with
whom I am living the amount of: $ 400.00
For house/apartment utilities (gas, power, water, garbage,
sewer) I payor contribute to my household the amount of:
Life Insurance
-4-
$ 50.00
$N/A
0009

I have a vehicle and pay the following each month:
Vehicle payment each month in the amount of:
Fuel for the vehicle in the amount of:
Insurance for the vehicle (if paid over a period of
six months or a year, average the payment out)
Repairs and maintenance (averaged over a year)
I do not own a vehicle, but my monthly transportation costs
(bus, taxi, etc.) are:
I have medical bill that I pay on each month in the amount of:
I have medical prescriptions each month in the amount of:
I pay health insurance (not deducted from my check) in the
amount of:
I am paying child support each month that is not deducted
directly from my paycheck in the amount of
(amount of court order $ )
I am also legally responsible for the support of others, namely:
each month in the amount of (amount of court order
$ )
Each month I pay child care in the amount of:
I have credit card/charge account payments each month and pay
those charges as follows:
Name of Credit Card or Charge Account
Bank of America
Best Buy
Discover
WAMU
U.S. Bank
Household
Wells Fargo
in the amount of:
in the amount of:
in the amount of:
in the amount of:
in the amount of:
in the amount of:
in the amount of:
Clothing, cleaning, laundry, etc. each month:
I have school or educational expenses each month of:
My recreational expenses each month are:
My charitable expenses each month are:
-5-
$ 390.00
$ 450.00
$ 125.00
$ 55.00
$N/A
$ 300.00 (+1-)
$N/A
$N/A
$N/A
$N/A
$N/A
$ 100.00
$ 100.00
$ 100.00
$ 100.00
$ 150.00
$ 100.00
$ 200.00
$ 50.00
$N/A
$ 100.00
$ 20.00
0010

I
2
3
4
18. Other expenses not listed above, please list:
5
6
7
8
9
10
1.
11
12
13
14
15
16
17
18
19
20
21
22
Personal Products
TOTAL MONTHLY EXPENSES:
NET INCOME (DEFICIT) EACH MONTH
(TOTAL MONTHLY INCOME MINUS TOTAL
WITHHOLDING MINUS TOTAL MONTHLY
EXPENSES:)
ASSETS AND DEBTS
$ 50.00
$3,270.00
$ 500.00
In the following section, list ALL assets and debts you have, either
separately or jointly with the other party.
HouselMobile Home (circle one) Separate/Community/Joint (circle one)
Who has possession? (circle one) me/the other party.
a. How much is it worth. $N/A
b. How much you owe on it: $N/A
Checking Accounts:
rite the Account's Location Se arate/Commnnit /Joint Pro e and Who Has Possession
Wells Fargo/Separate/Joshi $ 200.00
Savings Accounts:
rite the Account's Location Se arate/Communit /Joint Pro ert and Who Has Possession
Wells Fargo/Separate/Joshi $ 275.00
Cash you have on hand: $ 475.00
23 Retirement Accounts (indicate in whose name accounts are held)
24
25 1/1
26 I
1//
27
28
LAW {)FFICES OF
JOHN P. $PRlNGCATE.
203 S. ARLINGTON AVE.NUE
RENO. NEVADA 89501
(775) 323-8881
NONE $N/a
-6-
0011
1
6.
2
3
4
5
6
7
8
9
10
11
12
13
7.
14
15
8.
16
17
18
19
20
21
22
23
24
25
26
27
28
I-AW OffICES OF
JOHN 1', SI'RlNC(.ATE
203 S. ARLINGTON
RENO, NEVADA 89501
(775) 32H881

Vehicles: (list ALL vehicles owned by you and/or the other
party, even if your name is not on the registration and include
such things as motorcycles, boats and recreational vehicles)
a. Made and model: Chevy/Trailblazer
What you owe on the vehicle:
What the vehicle is worth:
b. Make and model: Dodge/Grand Caravan
c. Make and model: Honda Civic
Stocks and bonds:
Credit Cards and Store Charge Accounts:
Name of Account
Balance
NONE
$._----
$17,450.00
$11,000.00
$ 7,500.00
$ 4,000.00
$N/A
$ 2,000.00
$N/A
Minimum Monthly Pavrnent
$N/A
On the lines below, please list any other assets worth more than $500.00
or debts you have that have not been previously listed. Assets such as
furniture,jeweiry, boats, assets held in your child's name or joint
tenancy with any other person, and personal loans owed to you. Debts
such as medical bills and personal loans owed to others.
Computer System
Flat Screen TV
Jewelry (WeBs Fargo Safe Deposit Box and
India Locker safe deposit)
-7-
Value of Asset
$ 1,400.00
$ 1,700.00
$Unknown
0012
1
2
3
4
5
6
7
8
9

Meena Fowler (Sister)
Ashik Nanabhai
Bank of America
Best Buy
Discover
WAMU
U.S. Bank
Household
Wells Fargo

ATTORNEY FEE ARRANGEMENT
Balanced Owed on Debt
$ 5,670.00
$ 5,000.00
$ 2,395.47
$ 1,726.65
$ 5,067.81
$ 1,107.36
$3,000.00
$ 664.00
$6,420.00
10 have paidmy attorney $3,000.00, including costs and expert fees, since this case began. I paid this amount
rom (source of ftmds used) personal credit card. I currently owe my attorney $0.00 in addition to the
11 mount paid above. My fee arrangement is as follows:
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LA\",,' orHCES OF
JOHN P. SPRJ:-JGGATE
203 s. ARLINGTON AVENUE
RENO. NEVADA 89501
ms) 32H881
Attorney's fees at $225.00 per hour against retainer; paralegal rate at $60.00 per hour
-8-
0013
Sierra Sportsefvice
Rerio Convention'Cntr Wellbread
S. Virginia SI.
i\Jihwin R Jillihi
l60 Q, Booth Sl
Rello. NV 89509
Emplid; 135873
OVERTIME AT l.S
REGULAR
ALCOHOL TRAINING PAY
SICK
HOLIDAY
VACATION

Curren!:
YTD:
MESSAGE:
12 I S.sO
21.607.1.14
17.0!XXXXl
Allowances;
AddL Pel.:
Add!. Aml.:
21.00
40.00
1,215.50
21.607.04
Pay BOWLING
Pay Begin 011\1;:;
Pay End Dale: 06122/2008
Sillgle
,
85.00
680.00
o
795.00
215
40.00
24.00
40,00
YTD
13.515.00
3825
680.00
408.00
680.00
317.41
5,748.46
- - LQcation:' '"RENOCONV
_,
Che<:k Dale: .:'
FED
I FED MEDIIJE
FED OASDI/EE
ACClDENTAL DEATH & D
ADMIN l'EE LIFE
SHORT TERM D1SABIUT
000
224A3
17.62
7536
0.17
om
126
898.09
313.30
1,339.64
29.77
'59
017
3416
15.858,58
+ REMOVE DOCUMENT ALONG THIS PERFORATION t
-
0014
Sierra Sportse,rviCe,
Reno -Convention' Cntr 'Wellbread
4590 S. Virginia SI.
260 Q, Bcorn 51
Reno. NV 89509
Emplid: lJ5873
OVERTIME AT l.5
SICK
HOLlOA Y
VACATION

MESSAGE:
Allowances: 0
Addi. Pel.:
Add!. AmI.: 85.00
"".:.'.
YTO
'",
225jO
40.00
"'.00
40.00
E"w-nin s
12,248.50
38.25
5,15\1.29
680.00
408.00
680.00
:'RENOCONV
,000000001459&60
. Check D81e: ' Q6{lJl200a
Descri iotl
FED WITHHO
FED MED/EE
FED OASDlIEE
LIFE
ACClDENT AL DfiATH & 0
ADMIN FEE urn
SHORT TERM DlSAB1LlT
120.24
9.73
41.6J
I,ll
'OJ7
am
1.26
3,763.60
2H7.17
1..227.91
27j5
425
02J
31.74
.. REMOVE DOCUMENT ALONG THIS PERFORATION "

0015
Sierra Sporfservice
Reno Convention entr Wellbread
4590 S. Virginia St.
260 Q, Booth SI
Reno, NV 89509
Emplid: 135873
REGULAR
OVERTIME AT 1.5
SICK
HOLIDAY
VACATION

Mk:SSAGE:
..
Allowances:
Add!. Pel.:
Add!. AmI.:
------
Rate Hours
17.000000 ]450
Eamin s
!
,par:.Gf?UP::-- BOWLING
Pay Begin Date: .'.06I09noo8
,,_ ... .:'.'
8H10
Hours
Not applicable
o
Eamin s
586.50 755,00 12,835.00
225 ]8.25
225.50 5,750.29
40.00 680.00
24.00 408.00
40.00 680.00
Location:
Check#:
Check Date:
RENOCONV
000000001467112
0612012008 .
434. []
Descri lion Current YTr
FED WITHHOLDNG 107.49 3,871.09
FED MEDfEE 8.51 295.68
FED OASDl/EE 36.37 1,26418
1"'"'''''''/''' """t,
Descnp1ion
LIFE INSURANCE
ACCIDENTAL DEATH & D 0.17 4.42
ADMIN FEE LlFE om 026
SHORT TERM DlSABIUT 1.26 33.00
REMOVE DOCUMENT ALONG THIS PERFORATION t

0016
I
2

SECOND JUDICIAL DISTRICT COURT
COUNTY OF WASHOE, STATE OF NEVADA
AFFIRMATION
3 Pursuant to NRS 239B.030
4 The undersigned does hereby affirm that the preceding document, SHORT FORM
5 FINANCIAL DECLARATION filed in case number: TO BE DETERMINED
6
7
8
9
10
11
12
13
14
15
16
17
18
does not contain the social security number of any person
-OR-
o Document contains the social security number of a person as required by:
o A specific state offederallaw, to wit:
(State specific state or federal law)
-or-
o For the administration of a public program
-or-
o For an application for a federal or state grant
-or-
D Confidential Family Court Information Sheet
(NRS 125.130, NRS 125.230 and NRS 12
19 /I/'f,
20 Date: June :....ILL, 2008
21
22
23
24
25
26
27
28
LAW OFFICES OF
JOHN P. srRlNGGATE
RENO, NEVADA 89501
(775) 323-8881
-9-
I. .
hn P. Esq.
(pnnt ame
Plaintiff
(Attorney for)
0017
mtllEt->-
__ MQ}Q.(")W
.-- 0 DI" ...-...J

='<1" cr
_((IlO<:t n
_(V) 0 0
=O:::I:
- eo",,,,
-QOO
=0'-'0
N
_ OJ ..... -,
- r f-Q)
=:::UIl:::..-
_ ocr-,
- I'-
- "'0
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Code: 1137
FilED
ZACHARY COUGHLIN, ESQ.
Nevada BarNo. 9473
WASHOE LEGAL SERVICES
650 Tahoe Street
2ililG JUL 18 PM 4: 21
Reno, NV 89509
Telephone: (775) 329-2727
Facsimile: (775) 324-5509
Attorneys for DefendantlCounterc1aimant
E
ASHWIN JOSHI,
Plaintiff/Counterdefendant,
vs. Case No.: DV08-01l68
BHARTI JOSHI, Dept. No.: 5
Defendant/Counterclaimant.
VERIFIED ANSWER AND COUNTERCLAIM
COMES NOW the Defendant, Bharti Joshi, by and through her counsel of record,
Zachary B. Coughlin, Esq., of Washoe Legal Services, and hereby answers Plaintiff, Ashwin
Joshi's Complaint for Divorce as follows:
I.
As to Paragraphs I, II, III, and VI of the Plaintiffs Complaint, Defendant admits each
and every allegation contained therein.
II.
As to Paragraph V of the Plaintiffs Complaint, Defendant denies each and every
allegation contained therein.
WHEREFORE, Defendant prays that this action be dismissed, with Plaintiff to take
nothing by way of his Complaint.
III
III
0018

1 COUNTERCLAIM
2 COMES NOW, Bharti Joshi, DefendantiCounterciaimant, by and through her counsel,
3 Zachary B. Coughlin, Esq. of Washoe Legal Services, and for a cause of action complains and
4 alleges as follows:
5 I.
6 The DefendantiCounterciaimant, Bharti Joshi (hereinafter "Bharti") is a resident of the
7 State of Nevada and for a period of more than six weeks preceding the filing of this action has
8 resided and been physically present and domiciled in the State of Nevada, and now resides and
9 is domiciled therein, and during all of said period of time Bharti has had and still has the intent
10 to make said State of Nevada her home, residence, and domicile for an indefmite period of
11 time.
12 II.
13 The parties entered into a good faith marriage on or about the 12th day of May, 1987, in
14 Mumbai, India, and ever since said date have been and now are, Husband and Wife.
15 III.
16 That there are no minor children born the issue ofthe marriage. There are however,
17 two children over the age of eighteen for which Defendant requests the Court to instruct
18 Plaintiff to assist Defendant in providing financial help for their education. Bharti is not
19 pregnant at this time.
20 IV.
21 That there is community property to be equitably divided, which includes but is not
22 limited to, Defendant's "woman's wealth" given by Defendant's parents for Plaintiff to hold
23 when they were married, the vehicles in each party and the children's possession, and the
24 money the Defendant earned while working for Legendary Luxury Camping Safari in
25 Houston, Texas, which was automatically deposited in Plaintiff's account every month for two
26 and one half years, which Plaintiff told Defendant he would give to her.
27 V.
28 That there are community property debts and obligations for this Court to divide in a
2
0019

1 fair and equitable manner, including but not limited to, medical bills incurred by Plaintiff that
2 should be deemed his sole and separate debt, and payments on the vehicles in each parties'
3 possession.
4 VI.
5 That Bharti should be awarded a reasonable sum as and for alimony, until her death or
6 remarriage, whichever occurs first.
7 VII.
8 That Bharti wishes to return to her former name, to wit: BHARTI R. DAVE.
9 VIII.
10 That Bharti has been required to retain the services of an attorney and requests the
11 Court set reasonable attorney's fees and costs to be paid to WASHOE LEGAL SERVICES.
12 IX.
13 That PlaintiffiCounterdefendant and DefendantiCounterclaimant are incompatible in
14 marriage.
15
x.
16 That neither party is an infant, incompetent, or in the military service.
17 WHEREFORE, DefendantiCounterciaimant, Bharti Joshi, prays judgment as follows:
18 1. That the bonds of matrimony now and heretofore existing between the
19 Plaintiff/Counterdefendant and DefendantiCounterclaimant be dissolved, the
20 DefendantiCounterclaimant be granted an absolute decree of divorce and each of the parties
21 hereto be restored to the status of a single, unmarried person.
22 2. That the community assets be equitably divided.
23 3. That the community property debts and obligations be equitably divided.
24
4. That the DefendantiCounterciaimant be awarded a reasonable sum as and for
25 alimony until her death or remarriage, whichever occurs first.
26 5. That the DefendantiCounterclaimant return to her former name, to wit: Bharti
27 R. Dave.
28
6. That WASHOE LEGAL SERVICES be awarded reasonable attorneys fees.
3 0020
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

7. That the parties are incompatible in marriage and reconciliation of the parties is
impossible.
8. For such other and further relief as to the Court may deem just and proper.
DATED this ! () day of )Jv
r
2008.
At rney for DefendantlCounterclaimant
4 0021
1
2
3
4

STATE OF NEVADA
COUNTY OF WASHOE
)
) S.s.
)

VERIFICATION
5 I, Bharti Joshi, being fIrst duly sworn, depose and say as follows:
6 That I am the DefendantiCounterciaimant in the above-entitled action; that I have read
7 the foregoing "VerifIed Answer and Counterclaim" and know the contents thereof; that the
8 same is true of my knowledge except for those matters therein contained stated upon
9 information and belief, as to those matters, I believe them to be true.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DATED this 11 day of July, 2008.
Subscribed and Sworn to before me
day of July, 209> __
& ),io"{o.t()ihr
NOTARY PUBL(C .
./
."'""\ I

BHARTI JOSHI
:" .. ""'''''''' .. "''' ... .. ,,, .. ,,'''''''''''''''',, .. ,,,,.,,.'''''''''.11''''''.'' .......
DEBORAH J. PRINGLE
Notary P!Jblic Slate of Nevada
Appointment Recorded in Washoe COlJnty
No: 01-66813-2- Expires November 4, 2008
.. " .. '''''''.''''''''''''' .. '''''''''''.'''''''' .... '''''''''''
5
0022
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

CERTIFICATE OF SERVICE BY MAIL
Pursuant to NRCP 5(b), I hereby certify that I am an employee of Washoe Legal
Services, and that I served on this day the foregoing:
VERIFIED ANSWER AND COUNTERCLAIM
by depositing for mailing, a true and correct copy of the within document with the United
States Postal Service, at Reno, Nevada, addressed to:
Law Offices of
John P. Springgate, Esq.
Reno, NV 89501
DATED day 2008.
,. (\
\;: L .'. C
kj?Pj/i Ctc.J'\. V I U VlJ) -<'--
Deborah Pringle
An employee of Washoe Legal Services
6 0023
F I L E D
Electronically
07-22-2008:10:21:52 AM
Howard W. Conyers
Clerk of the Court
Transaction # 291976
I
2
3
4
5
6
7
8
9
10
CODE: 1150
JOHN P. SPRlNGGATE, ESQ.
Nevada Bar #1350
Reno, NY 89501
Telephone: 775.323.8881
*****
11 ASHWIN JOSHI,
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Plaintiff, CASE NO.: DV08-01168
vs. DEPT. NO.: 5
BHARTI JOSHI,
Defendant.
~ /
ANSWER TO COUNTERCLAIM
COMES NOW the Plaintiff, ASHWIN JOSHI, by and through his counsel of record,
JOHN P. SPRlNGGATE, ESQ., and in Answer to the Counterclaim on file herein, admits, denies
and alleges as follows:
1. Plaintiff admits Paragraphs I, II, V, VII, VIIl, IX and X of Defendant's
Counterclaim.
2. Plaintiff denies all remaining allegations of Defendant's Counterclaim.
26 WHEREFORE, Plaintiff requests relief from the Counterclaim as follows:
27
28
L\\\;! OfFICF.$ Of
JOHN P. $PRINGGATE
:[:J S. ARliNGTON AVENUE
RENO, NEVADA 89501
(775) 323-8881
1.
2.
That the Counterclaim and each cause of action therein be denied;
For attorney's fees and costs incurred in the same; and
0024
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LA\'>' Of-l'lCES OF
IOHN P. $PRlNGGATE
en, 5. ARLINGTON AVENUE
KENO, NEVADA 89501
(775) 323-8881
3.
For such other and further relief as the Court may deem just and proper.
DATED this 'c ( day of July, 2008.
E,ESQ.
-2-
0025
1
2
3
4
5
6
7
8
9
10
11
12
l3
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LAW' OffICES OF
JOHN r. S?RlNGGATE
~ 1 : 3 S. ARLINGTON AVENUE
RENO, NEVADA 89501
C775J 323-8881
CERTIFICATE OF SERVICE
Pursuant to NRCP 5(b), I hereby certifY that I am an employee of THE LAW OFFICES
OF JOHN SPRINGGATE, and that on this date I personally served at Reno, Nevada, a true copy
of the within ANSWER TO COUNTERCLAIM fully addressed to:
x
Zack Coughlin, Esq.
Washoe Legal Services
650 Tahoe Street
Reno, NV 89509
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 affirm that the preceding document does not contain the
social security number of any person.
)J:i-
Dated this __ day of July, 2008.
-3-
0026
= '"
- "'-
= !....>-
_ ..-.:J ....
_ :IOC
= roVlO:J

0
= oz ... Q)
_ 1 ....... 1...0
- ..... ..c

=:;>f,f) ... o1;IO
OU030
g
9
10
11
12
13
14

Code: 1137
Nevada BarNo. 9473
650 Tahoe Street
Reno, NV 89509
Telephone: (775) 329-2727
Facsimile: (775) 324-5509
Attorneys for DefendantiCounterclaimant

..
.. : ;._'., .. " .. ,:<YERS

ASHWIN JOSHI,
DefendantlCounterciaimant.
15 PLAINTIFF'S CASE MANAGEMENT CONFERENCE STATEMENT
16 COMES NOW, DefendantiCounterciaimant, Bharti Joshi, by and through her
17 counsel, Zachary B. Coughlin, Esq., of Washoe Legal Services, and hereby submits her Case
18 Management Conference Statement.
19 The parties were married on or about May 11, 1987, in Mumbai, India, and ever since
20 said date have been and now are Husband and Wife.
21 There are two children the issue of Plaintiff and Defendant, who are majority in age.
22 The Plaintiff is not pregnant at this time.
23 That there are remaining community property to be equitably divided by the Court.
24 That community debts and obligations to be equitably divided by the Court.
25 That Bharti should be awarded spousal support.
26 That Washoe Legal Services be awarded reasonable attorney's fees and costs.
27 AFFIRMATION PURSUANT TO NRS 239B.030
28 The undersigned does hereby affirm that the preceding document does not contain the
0027
I
2
3
4
5
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
26
27
28

. ~
DATED this day of September, 2008.
2

B. Coughlin, Esq.
ney for DefendantlCounterclaimant
0028

1 CERTIFICATE OF SERVICE BY MAIL
2
3 Pursuant to NRCP 5(b), I hereby certify that I am an employee of Washoe Legal
4 Services, and that on the /5day of September, 2008, I served the foregoing:
5 PLAINTIFF'S CASE MANAGEMENT CONFERENCE STATEMENT
6 by depositing for mailing with the United States Postal Service, at Reno, Nevada, postage
7 prepaid, a true and correct copy of the within document addressed to:
8 Law Offices of
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Reno, NV 89501
r"

Deborah Pringle
An employee a/Washoe Legal Services
3
0029
..
,
co \/JED:':'

=
-<0 ..
;;;;;;;;;; ....... [fJ<:t
0
_0,"

_DOG
=0'-:>0
_m N -m __
= 11--00
-
== Oa:--
- '"'" = ClG)
-
= "' -
=
_ ..... 3 _
_ ICC:
= W(/)U:::J
;;;;;;;;; 100 a _ ....... ..,_0
0
=OZ ..... Qj
_ \ ...... 1-0
- 003 ...... .c

= >W .... nlC
OCI:03r::
I
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Code: 1637
Nevada Bar No. 9473
650 Tahoe Street
Reno, NV 89509
Telephone: (775) 329-2727
Facsimile: (775) 324-5509
Attorneys for DefendantiCounterclaimant

2008 SEP 18 PI! 4: 35
ASHWIN JOSHI,
VS. Case No.: DV08-01168
AMENDED DEFENDANT'S CASE MANAGEMENT CONFERENCE STATEMENT
COMES NOW, DefendantiCounterclaimant, Bharti Joshi, by and through her
counsel, Zachary B. Coughlin, Esq., of Washoe Legal Services, and hereby submits her Case
Management Conference Statement.
The parties were married on or about May 11, 1987, in Mumbai, India, and ever since
said date have been and now are Husband and Wife.
There are two children the issue of Plaintiff and Defendant, who are majority in age.
The DefendantiCounterclaimant is not pregnant at this time.
That there are remaining community property to be equitably divided by the Court.
That community debts and obligations to be equitably divided by the Court.
That Bharti should be awarded spousal support.
That Washoe Legal Services be awarded reasonable attorney's fees and costs.
0030

1 social security number of any person.
2 DATED this IL day of September, 2008.
3 WASHOE LEGAL SERVICES
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
chary B. Coughlin, sq.
. ttorney jor DejendantlCounterclaimant
2
0031

1 CERTIFICATE OF SERVICE BY MAIL
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Pursuant to NRCP 5(b), I hereby certify that I am an employee of Washoe Legal
Services, and that on the ,13 day of September, 2008, I served the foregoing:
AMENDED DEFENDANT'S CASE MANAGEMENT CONFERENCE STATEMENT
by depositing for mailing with the United States Postal Service, at Reno, Nevada, postage
prepaid, a true and correct copy of the within document addressed to:
Law Offices of
Reno, NV 89501
tJ
1-.....,
~ d . 1 1 J g ~
Deborah Pringle
An employee a/Washoe Legal Services
3
0032
F I L E D
Electronically
10-02-2008:04:00:34 PM
Howard W. Conyers
Clerk of the Court
I
CODE: 1320
2 JOHN P. SPRINGGATE, ESQ.
Nevada Bar #1350
3
4 Reno, NY 89501
Telephone: 775.323.8881
5 Attorney for Plaintiff
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LAW OFFICF.5 OF
JOHN P. $l'R1NGGATE
~ 3 S.ARlINGTON AVENUE
RENO, NEVADA 89501
(775) 323"8881
* * * * *
ASHWIN JOSHI,
Plaintiff,
CASE NO.: DV08-01168
vs.
DEPT. NO.: 5
BHARTI JOSHI,
Defendant.
______________________ I
CASE MANAGEMENT CONFERENCE STATEMENT
This is Husband's Case Management Conference Statement.
The parties have no minor children.
No temporary spousal support should be awarded.
Husband should maintain health insurance coverage for the parties pending trial.
Additional relief which will be requested at the Case Management Conference:
NONE
DATED this
day of October, 2008.
0033
1
2
3
Pursuant to NRCP 5(b), I hereby certify that I am an employee of THE LAW
4 OFFICES OF JOHN SPRINGGATE, and that on this date I personally served at Reno,
5 Nevada, a true copy of the within CASE MANAGEMENT CONFERENCE STATEMENT
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LAW OFFICES OF
fOHN P. SPRINGGATE
21.13 S. ARLINGTON AVENUE
RENO, NEVADA 89501
(775) 323-8BBI
fully addressed to:
x
x
Zack Coughlin, Esq.
290 S. Arlington Avenue
Reno, NY 89501
for mailing by first class mail, postage prepaid
by personal delivelY
by telephonic facsimile (Fax #329.5509)
The undersigned does hereby affilm that the preceding document does not contain the
cf2rt-
Dated this __ day of October, 2008.
0034
CASE NO. DV08-01168 ASHWIN JOSHI VS. BHARTI JOSHI
J T-10/3/2008

DATE, JUDGE
OFFICERS OF
COURT PRESENT APPEARANCES-HEARING
10/3/08
HONORABLE
SENIOR JUDGE
SCOTT T.
JORDAN
DEPT. NO. 5
J. Taylor
(Clerk)
CD

CASE MANAGEMENT CONFERENCE

Present in Court were Plaintiff Ashwin J oshi, represented by counsel J ohn
Springgate, Esq.; and Defendant Bharti J oshi, represented by counsel
Zachary Coughlin, Esq.
This matter was scheduled as a Case Management Conference, and the
parties have agreed to put the following issues before the Court:
Mr. Springgate informed the Court that the parties have two children that
are no longer minors; therefore custody will not be at issue. Plaintiff has a
family debt of approximately $5,000.00 incurred in bringing the family over
from Tanzania. He agrees to keep that debt. The parties have consumer
debt of approximately $20,000.00 that the parties shall be divided equally.
Plaintiff also has a $48,000.00 medical bill. Although it is a community
debt, he will continue to pay and accept liability for it. Mr. Springgate has
explained to Plaintiff that should he be sued for that medical debt he could
file bankruptcy. Although Plaintiff is not pondering bankruptcy at this
point, should it become necessary, it will be a great deal of family debt
Plaintiff will no longer be responsible for. For that reason they agree to
the Court keeping jurisdiction on alimony for five years at $1.00 per year to
protect Defendant should a bankruptcy be filed.
There are two significant items of personal property in dispute, a television
and a computer. Plaintiff requests his personal papers located at the
residence in order to apply for citizenship.
In regard to the automobiles, Plaintiff shall keep the Trailblazer and
maintain, and Defendant shall keep the Caravan and maintain payments
on that vehicle. All other vehicles belong to the children.
Defendant has a claim about her womans wealth brought into the
marriage, and gifts. Plaintiff testifies that he does not have it, and does
not know where it is. He believes it may be with his sister in Tanzania.
Since he doesnt have it, he cannot agree to give it to her. He does,
however agree that it belongs to Defendant and is not community
property. Plaintiff agrees to notify his family that it should be delivered to
Defendant and will attempt to expedite that delivery.
Mr. Coughlin states that Defendant has considered the offer and is not at
a point to agree to it. Defendant is troubled by the lack of effort on
Plaintiffs part to obtain the womans wealth. Defendant strongly fees
some alimony award is in order.
Plaintiff verified that he works at a catering company and has no other
employment.
The Court indicates that its goal is to attempt to settle this matter.
In regard to the marital wealth, both parties agree it should be awarded to
Defendant. It is important Plaintiff cooperate in returning those items to
F I L E D
Electronically
10-10-2008:09:32:54 AM
Howard W. Conyers
Clerk of the Court
0035
CASE NO. DV08-01168 ASHWIN J OSHI VS. BHARTI J OSHI
Page 2 of 2
J T-10/3/2008

Defendant. The Court has no other power to order their return other than
awarding them to Defendant.
The medical debt is being treated as a community debt, and Plaintiff
agrees to pay in full. The Court wants to make sure the parties
understand that should Plaintiff be sued for non-payment of the medical
debt the doctors have the right to pursue Defendant for payment. Her
recourse would be to sue Plaintiff.
The Court states that in regard to alimony, under Nevada rules alimony is
awarded when there is an imbalance between earnings of the parties.
Based upon the information, both parties earn the same amount so there
is no basis for alimony. Since Plaintiff is taking more than the debt, this
should offset any claim for alimony.
In regard to the issue of personal property, each party is to keep what they
currently have in their possession. Plaintiff does not want the television
but requests the financial information from the hard drive of the computer.
The Court states it has no power to order custody or visitation but
encourages the parties to have a meaningful relationship for the benefit of
the children.
The parties agreed to recess and attempt a settlement.
The Court was informed that the parties could not settle, therefore it did
not reconvene.

0036
2
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3696

F I LED
FEB 2 5 2009

y DEp{f(;,J CLERK
IN THE SECOND JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE
ASHWIN JOSHI,
VS.
BHARTI JOSHI,
CASE NO. DV08-01168
DEPT. NO. 14
Defendant/Countcrclaimant.
________________________
ORDER RE PRETRIAL PROCEDURE
This matter is set for trial on March 12, 2009 at 1 :30 p.m.
Good cause appearing,
IT IS HEREBY ORDERED that, if a party intends to offer more than ten trial
exhibits, the proposed exhibits must be bound, tabbed and indexed. Plaintiff's exhibits will be
marked in alphabetical sequence and Defendant's exhibits will be marked in numerical sequence.
Each party shall submit two copies of the proposed exhibits to the Court and one copy to the
opposing counsel.
Counsel shall contact Martha Casique-Andrews at 775-325-6779 to schedule a
time with the Clerk to organize and mark exhibits. For trials set for one full day or more,
-1-
0037

counsel shall meet with the Court Clerk no later than 3 :00 p.m. on the Friday prior to trial to
2
mark the trial exhibits. For trials which are scheduled for less than one full day, exhibits shall be
3
marked immediately prior to the convening for trial, and counsel shall arrive at least 15 minutes
4
5
before the scheduled time of trial.
6 Prior to meeting with (ile Court Clerk, counsel shall meet and discuss the
7
admissibility of proposed exhibits. At the time of marking the exhibits with the Clerk, the Clerk
8
shall be told which Exhibits may be admitted without objection.
9
10
At the opening of trial, counsel shall inform the Court which exhibits are being
II
admitted without objection.
12 Each party must file with the Court a trial statement, financial declaration and
13
UCCJA declaration. Courtesy copies of the trial statement shall be hand-delivered to opposing
14
counsel and Judge Gardner's chamhers by no later than 5:00 p.m. five (5) days prior to trial.
15
16
Failure to timely deliver these documents may result in sanctions against the offending party as
17
set forth in NRCP 37.
18
If the financial circumstances of a party have changed substantially since the
19
filing of the most recent financial declaration, that party is to file an updated financial declaration
20
at the same time as filing the trial statement.
21
Dated this y of February, 2009.
22
23
24
25
26
27
28
-2-
0038
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

CERTIFICATE OF MAILING
Pursuant to NRCP 5(b), I certifv that I am an employee of the Second Judicial District
Court, and that on this date I deposited by county mail, at Reno, Nevada, a true copy of the
attached, addressed to:
ZACHARY B COUGHLIN ESQ
299 SOUTH ARLINGTON AVENUE
RENO NV 89501
JOHN P SPRINGGATE ESQ
203 SOUTH ARLINGTON AVENUE
RENONV 89501
Dated h i s ~ day ofFcbrualv, 2009.
~ i J ~ ~
mmlS alive ASSIstant
-3-
0039
1
2

CODE: 4220
Zachary B. Coughlin, Esq.
Nevada Bar No. 9473

ORIGtNAL
ILED
2019 MAR 5 AM 9: 26
=: ,>299 South Arlington Avenue
_GI NL
-
:
,"
Reno, NV 89501
W ;":
"Telephone: (775) 329-2727
_ : Facsimile: (775) 324"5509
= = Attorneysfor Defendant
W II-t
g
-
I<
; cG
= '
- >
= < >
W : .
W IOC
= fu 6
= W" . 0
_ 0
=oz (
_I L Q
IN TH SECOND JUDICIAL DISTRICT COURT OF THE STATE OF
NEVADA IN AND FOR THE COUNTY OF WASHOE
--iL
=
6:,ASHWIN JOSHI,
IV
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Defendant/Counterdefendant,
DEFENDANT'S TRIAL STATEMENT
COMES NOW, Defendant, BHARTI JOSHI, by and through her counsel of record, Zachary
B. Coughlin, Esq. of Washoe Legal Services, and pursuant to WDCR 5, submits her trial statement
for the trial presently scheduled for March 12,2009.
I. INTRODUCTION - RELEVANT FACTUAL AND PROCEDURAL HISTORY
Defendant, BHARTI JOSHI (hereinafer "BHARTI"), and Plaintiff, ASHWIN JOSHI
(hereinafer "ASHWIN"), intermarried on or about May II, 1987.
A Complaint for Divorce was fled on July 1, 2008. Defendant filed an Answer and
Counterclaim to the Complaint on July 22, 2008. A Case Management Conference was held on
October 3, 2008.
26
II. ADMITTEDIUNDlSPUTED ISSUES
27
1. That there are no remaining minor children of the parties, and BHARTI is not pregnant.
28
2. That BHARTI is entitled to her "Woman's Wealth," and ASHWIN will notify his family that it
0040

1 should be delivered to BHARTI and will expedite that delivery.

2 3. That ASHWIN shall keep the Trailblazer and maintain payments on the vehicle. That
3 BHARTI shall keep the Caravan and maintain payments on the vehicle.
4 4. That each party will keep the community property assets in their possession. ASHWIN does
5 request the financial information from the computer. The television and computer are to remain in
6 BHARTI'S possession.
7 5. ASHWIN has agreed to pay the medical debt in full. ASHWIN will also pay the family debt of
8 $5,000.00 incurred when he brought the family to the United States fom Tanzania.
9 6. That the parties are incompatible in marriage.
10 III. SIGNIFICANT ISSUES IN DISPUTE
11 B. ALIMONY
12
BHARTI should be awarded alimony/spousal support in an amount determined by the Court.
13 ASHWIN'S current income is $ 1,000.00 per month more than BHARTI'S.
14 NRS 125.150 provides that the Court may award such alimony as appears just and equitable. In
15
the seminal case, Buchanan v. Buchanan, 90 Nev. 209 (1974), the Court laid out a series of factors to
16
guide the Court in determining if an alimony award is just and equitable, including the financial
17 condition of the parties, the nature and value of their respective property, the duration of the marriage,
18 the husband's income, eaing capacity, age, health, and ability to labor and the wife's income age,
19 health, station, and ability to ea a living.
20
Alimony is an equitable award serving to meet post-divorce needs. As stated by the Nevada
21 Supreme Court in Shydler v. Shydler, 114 Nev. 192,954 P.2d 37 (1998): "".two of the primary
22 puroses of alimony, at least in marriage of significant length, are to narow any lage gaps between the
23 post-divorce earing capacities of the parties .. . and to allow the recipient spouse to live 'as nearly as
24 fairly possible to the station in life enjoyed before the divorce. "
,
25 C. DEBTS/OBLIGATIONS
26 ASHWIN has enumerated credit charge accounts. BHARTI has no direct information about
27 these charges; and she cannot recall any accrued benefi t to the community. These debts should be set
28 aside to ASHWIN as his sole and separate obligation. It is believed that these enumerated accounts are
2
0041

1 solely in ASHWIN'S name.
2 IV. SCHEDULES OR SUMMARIES

3
At this time, Defendant does not anticipate the use of any schedules or summaries as
4 contemplated by WDCR led).
5 V. WITNESSES
6 Defendant and Plaintiff
7 VI. CERTIFICATION OF COUNSEL
8
The undersigned counsel certifies that he has made reasonable efforts to resolve as many
9
issues as possible with Plaintiff s counsel. Settlement efforts will continue until trial.
10
II
The undersigned does hereby afrm that the preceding document does not contain the social
12 security number of any person.
13 DATED this Iday of March, 2009.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
HARY B. COUGHLIN, ESQ.
Attorey for Defendant
0042
I
2
3
4
5
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
26
27
28

Pursuant to NRCP 5(b), I hereby certif that I am an employee of Washoe Legal Services, and
that on th day of March, 2009, I served the foregoing:
DEFENDANT'S TRIAL STATEMENT
by depositing with the United States Postal Service, postage prepaid, a true and correct copy of the
within document addressed to:
Law Ofices of
Reno, NV 89501
4
Deborah Pringle
An employee of Washoe Legal Services
0043
=m==m==
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LW OFFICES OF
JOHN P SPRINGGATE
21lJ S. ARLINGTON AVENUE
RENO, NEVADA 8951
(n5) 323-8881
F I L E D
Electronically
03-11-2009:04:56:07PM
HowardW.Conyers
ODE: 4220
ClerkoftheCourt
OHN P. SPRlNGGATE, ESQ.
Transaction#644213
evada Bar #1350
Reno, N 89501
Telephone: 775.323.8881
Attorey for Plaintiff
*****
ASHWIN JOSHI,
vs. DEPT. NO.: 14
BHARTl JOSHI,
Defendant.
TRIAL STATEMENT OF PLAINTIFF
COMES NOW the Plaintiff, ASHWl JOSHI, by and through his attorey of record,
JOHN P. SPRlGGATE, ESQ., and hereby submits his Trial Statement in accordance with
WCDR 5.
A. Concise Statement of Claimed Facts.
Mr. Joshi commenced this action by his Complaint for Divorce on July 1, 2008. The
parties have been married for ahost 22 years, and both children are of majority age. They are both
residing in Washoe County. Mr. Joshi is 51 years of age; and Mrs. Joshi is 46 years of age.
There are community assets and debts which the Court will need to determine the
distribution of. Mrs. Joshi is in possession of almost all of the community friture and
0044
Undisputed
Statement
Appropriate Comments. Sugestions
_;
12
13
15
16
17
18
19
20
21
24
25
26
27
1
furshings. They each have cars, and debt thereon. Mrs. Joshi is a phannacy tech at Raleys,
2
earing $29,500 in 2008 while Mr. Joshi is a catering manager, earing $41,500 in 2008.
3
4 B. Statement of Admitted or Facts
5
The parties' ages and date of marriage are admitted. As well, there is "woman's wealth,"
6
or dowry, which Mrs. Joshi brought into the marriage. The parties were married in India, and
7
10 primarily jewelry.
11
C. ofIssues of Law
14
None. While it may seem to be an alimony case, Mr. Joshi's earngs are subject to the
travel and convention business fluctuations, while hers are not. More importantly, he is prepared
to take an unfair amount of the community debt, which he has been servicing, which equalizes
their incomes.
D. or Information
The parties, through their attoreys, have stipulated to use the beginning of the trial as a
frther settlement conference, as there are relatively few issues.
DATED this day of March, 2009.
22
23
28
L\,' OFFICE OF -2-
JOHN P SPRlNGGATE
:(3 S. ARLINGTON AVENUE
RENO. NEVADA 89501
(5)32H881
0045
x
c{
nda Kno1
11
12
13
16
17
18
19
20
21
22
23
24
1
2
Pursuant to NRCP 5(b), I hereby certi1 that I am an employee of THE LAW OFFICES
3
4 OF JOHN SPRING GATE, and that on this date I personally served at Reno, Nevada, a true copy
5
of the within Defendant'S Trial Statement, flly addressed to:
6
Zack Coughlin, Esq.
7
8
Reno, N 89501
9
for mailing by frst class mail, postage prepaid
10
by telephonic facsimile (329-5509)
by Federal Express or other overight delivery
14
15
The undersigned does hereby afirm that the preceding document does not contain the
-
Dated this day of March, 2009
A.
25
26
27
28
L OFPICES OF -3-
JOHN P SPRINGGATE
cn_l S. ARLINGTON AVENUE
RENO, NEVADA 89501
(n5) 323-888\
0046
5
10
________________
15
25
20
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
CODE: 1845
INTHE FAMILYDIVISION
OFTHESECONDJUDICIALDISTRICTCOURTOFTHESTATEOFNEVADA
INANDFORTHECOUNTYOFWASHOE
ASHWINJOSHI,
Plaintiff, CaseNo. DV08-01168
vs.
Dept.No. 14
BHARTIJOSHI,
Defendant/ Counterclaimant.
1
ORDERAFTER TRIAL
AComplaintfor Divorcewasfiled by ASHWINJOSHI (hereinafterMr.Joshi),by
andthroughhisattorney,JOHNP.SPRINGGATE,ESQ.,onJuly8,2008. AnAnswerand
Counterclaimwasfiledby BHARTIJOSHI (hereinafter'Ms.Joshi'),byandthroughher
attorneyofrecord,ZACHARYB. COUGHLIN,ESQ.,onJuly18,2008. Argumentwas
heardonMarch12,2009andMarch17,2009. Mr.Joshiwaspresentandrepresentedby
JohnP.Springgate,Esq.;andMs.Joshi, waspresentandrepresentedbyZacharyB.
Coughlin,Esq., ofWashoeLegalServices.
Alltestimonyandargumentshavingbeenheard,allpleadingson filehavingbeen
read,allexhibits,tapes,andnoteshavingbeenreviewed,theCourtfindsandOrdersas
follows.
III
III
F I L E D
Electronically
04-13-2009:09:23:48 AM
Howard W. Conyers
Clerk of the Court
2
3
4
5
6
CODE: 1845
7 IN THE F AMIL Y DIVISION
8 OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
9 IN AND FOR THE COUNTY OF WASHOE
10
11
12
13
ASHWIN JOSHI,
vs.
Plaintiff, Case No. DV08-01168
Dept. No. 14
14 BHARTI JOSHI,
15
16
17
18
19
Defendantl Counterclaimant.
________________________________ 1
ORDER AFTER TRIAL
A Complaint for Divorce was filed by ASHWIN JOSHI (hereinafter Mr. Joshi), by
and through his attorney, JOHN P. SPRINGGATE, ESQ., on July 8, 2008. An Answer and
Counterclaim was filed by BHARTI JOSHI (hereinafter 'Ms. Joshi'), by and through her
20
attorney of record, ZACHARY B. COUGHLIN, ESQ., on July 18, 2008. Argument was
21
heard on March 12, 2009 and March 17,2009. Mr. Joshi was present and represented by
22
John P. Springgate, Esq.; and Ms. Joshi, was present and represented by Zachary B.
23
24
25
26
27
28
Coughlin, Esq., of Washoe Legal Services.
All testimony and arguments having been heard, all pleadings on file having been
read, all exhibits, tapes, and notes having been reviewed, the Court finds and Orders as
follows.
III
III
0047
FINDINGS OF FACT
2 1. The parties were married May 11, 1987, in Bombay, India.
3 2. The parties have two children, both of whom are now adults.
4 Although Mr. Yoshi has no obligation to support said children any longer
5 pursuant to NRS 125.510(9)(b), Ms. Yoshi requests the financial assistance of Mr. Yoshi so
6 as to provide for the children's continuing education. (Answer, pg. 2, lines 16-18).
7 The Court notes that on August 1,2008, Mr. Joshi filed a 'Motion For Return Of
8 Personal Property' requesting that Ms. Joshi return his passport, green card and social
9 security card. On August 7, 2008, Ms. Joshi, by and through her attorney of record,
10 Mr. Coughlin, filed an Opposition to the return of Mr. Joshi's passport citing case law
11 involving minor children and their support. Ms. Yoshi filed said opposition while
12 acknowledging the parties' children were both over eighteen years of age at the time. On
13 August 18,2008, Judge Schumacher ordered Ms. Joshi to immediately return Mr. Joshi's
14 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 community
17 property and debts which should be divided by the Court.
18 Ms. Joshi filed an Answer and Counterclaim on July 18, 2008, indicating the
19 parties' community property should be equitably divided, including Ms. Joshi's
20 "women's wealth", the vehicles in each party's possession, the vehicles in their children's
21 possession, and "the money the [Ms. Yoshi] earned while working for Legendary Luxury
22 Camping Safari in Houston Texas which 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, lines 21-26).
25 The Court notes the following information has been provided and has been taken
26 into consideration on this issue:
27 a. "Women's Wealth" Property - The parties agreed that the parties'
28 community interest in the "woman's wealth" jewelry (location unknown) belongs to Ms.
2
0048
Joshi. Mr. Joshi stated that he would contact his relatives, who may have some of the
2 property, and will request its immediate return to Ms. Joshi.
3 b. Mr. Ioshi's Vehicle - Mr. Joshi introduced evidence that the balance
4 on his 2005 Chevrolet Blazer is $15,009.75 as of March 6, 2009. (Trial Exhibit" A"); and
5 Kelley Blue Book value for the Blazer is $10,910 (Exhibit "B"). Therefore, a deficit in the
6 amount of approximately $4,100.00 exists on the vehicle. At the conclusion of trial, Mr.
7 Joshi requested that he be awarded the Chevrolet Blazer.
8 Ms. Joshi presented no evidence on this issue. To the Court's knowledge, Ms.
9 Joshi conducted no discovery on this issue.
10 c. Ms. Ioshi's Vehicle - There was no evidence introduced regarding the
11 value of Ms. Joshi's car.
12 d. Son's Vehicle - Mr. Joshi testified that his adult son is presently
13 driving the Jeep Grand Cherokee and is making the payments for the car directly to the
14 lender, Clear Star Financial. Both parties testified that Ms. Joshi and the parties' son are
15 named on the title. No evidence was presented regarding the balance owed on the Jeep
16 Grand Cherokee.
17 Ms. Joshi presented no evidence on this issue. To the Court's knowledge,
18 Ms. Joshi conducted no discovery on this issue.
19 e. Daughter's Vehicle - Mr. Joshi testified that the parties' adult
20 daughter drives and makes payments on the Honda Accord and that title is held in the
21 name of both Mr. Joshi and the parties' daughter.
22 Ms. Joshi testified that she made a payment of $6,000.00 on her credit card for said
23 automobile and the present balance on the credit card was approximately $5,000.00.
24 However, Ms. Joshi presented no evidence to corroborate this contention. Ms. Joshi did
25 not specify a date on which said debt was incurred, she did not provide evidence of any
26 payments made on said credit card, and she did not present evidence of any credit card
27 with a balance in the amount of $5,000.00 remaining thereon.
28 Ms. Joshi presented no further evidence on this issue.
3
0049
e. London Bank Account - Mr. Joshi testified that that he did not know
2 if Ms. Joshi's earnings from Tanzania were placed in a London bank account. Mr. Joshi
3 testified he did not control Ms. Joshi's money at that time.
4 Ms. Joshi presented no evidence that her earnings were placed in a London bank
5 account. To the Court's knowledge, Ms. Joshi conducted no discovery on this issue.
6 f. Community Bank Accounts - Ms. Joshi testified that she requested
7 access to the bank accounts from Mr. Joshi, but that he would not let her see the bank
8 statements. Further, Ms. Joshi testified that she did have her own credit and she did have
9 access to Mr. Joshi's credit card statements.
10 There was no further evidence presented as to the community bank accounts.
11 4. There is community debt to be divided.
14 a. General Credit Card Debt - Mr. Joshi testified that he owes
15 approximately $15,650 in credit card debt (Trial Exhibit "E"), and argued the charges
16 were incurred for community expenses, holidays, family expenses and household
17 expenses.
18 Ms. Joshi presented no evidence regarding community credit card debt.
19 b. Best Buy Credit Card Debt - Mr. Joshi stated that the parties
20 purchased a computer and T.V. at Best Buy for approximately $1,314.00. Mr. Joshi
21 testified Ms. Joshi has both of these items.
22 Mr. Joshi requested he be awarded the computer presently in Ms. Joshi's
23 possession and that she retain the T.V.
24 Ms. Joshi presented no evidence on this issue.
25 c. Medical Debt - Mr. Joshi testified he owes $6,735.00 to St. Mary's
26 Hospital for surgery in May 2008 (Trial Exhibit "F") and $500.00 to REMSA (Trial Exhibit
27 "G").
28 At trial, Mr. Joshi offered to pay these community debts.
4
0050
Ms. Joshi presented no evidence on this issue. To the Court's knowledge, Ms.
2 Joshi conducted no discovery on this issue.
3 d. Family Debt - there are two debts owing to family members or on
4 behalf of family members that were presented at trial.
5 Mr. Joshi introduced evidence at trial regarding a $5,000.00 debt to Rod and
6 Meena Fowler (Trial Exhibit "H") in the form of a letter from Rod and Meena Fowler.
7 The letter states that the parties owe money in the amount of $6,000.00, which was "long
8 overdue" by approximately six (6) years, for money loaned to Mr. Joshi's mother when
9 she was ill. The letter references a "copy of your letter agreeing to pay us back", but did
10 not attach a copy of said letter. At trial, Mr. Joshi testified that he did not have a copy of
11 the referenced letter. Ms. Joshi testified that this debt was "made up."
12 Mr. Joshi testified regarding a debt of approximately $5,000 owing to a family
13 member by the name of Ashik Nanaby (sp?), for buying plane tickets for the Joshi family
14 to come to the Unites States in 2001. Ms. Joshi testified that she could not obtain any
15 information regarding this debt as the other party "wanted to stay out of the divorce."
16 At trial, Mr. Joshi offered to pay these community debts.
17 e. General Community Debt - Mr. Joshi testified that he pays
18 approximately $600 per month for community debts, excluding his car and insurance.
19 Ms. Joshi presented no evidence regarding general community debt.
20 Mr. Joshi offered to pay the community debt in his name that he had been paying
21 and take an unequal division of community debt.
22 5. Ms. Joshi requests spousal support.
23 Specifically, Ms. Joshi requested spousal support "until her death or remarriage,
24 whichever occurs first." (Answer, p. 3, lines 5-6).
27 Mr. Joshi is 51 years of age and Ms. Joshi is 46 years of age. The parties moved to
28 the United States from Tanzania in 2001.
5
0051
Ms. Joshi is a college graduate and has worked continuously since the parties
2 moved to the United States. Ms. Joshi is presently employed by Raley's as a
3 pharmaceutical technician and earned approximately $29,500.00 in 2008. Ms. Joshi has
4 testified she has raised the parties' children and thereby has foregone educational
5 opportunities and has put her dreams aside.
6 Mr. Joshi testified he is a high school graduate. Mr. Joshi is employed as a catering
7 manager. In 20m3, Mr. Joshi earned approximately $41,500.00 while working for two
8 companies - American Bar and Restaurant and Sierra Sport Service. At trial, Mr. Joshi
9 introduced his W-2 from American Bar and Restaurant reflecting earnings of $4,157.
10 (Trial Exhibit "C"); and his W-2 from Sierra Sport Service in the amount of $37,504.18
11 (Trial Exhibit "D"). Mr. Joshi testified that business is slow and he is presently working
12 for only one company - American Bar and Restaurant. Mr. Joshi testified he has only two
13 weeks of work scheduled for March, 2009; and he filed for unemployment benefits in
14 March, 2009.
15 Mr. Joshi requested the Court consider his net income after deducting taxes, factor
16 in the present $600 per month he is presently paying for community debt, and set off any
17 alimony responsibility by his assumption of an unequal distribution of community debt.
18 Further, to protect Ms. Joshi in the event Mr. Joshi filed for bankruptcy, Mr. Joshi
19 suggested that the court maintain jurisdiction over the issue of spousal support for five
20 years.
21 5. Ms. Joshi requests reasonable attorney's fees be paid to Washoe Legal
22 Services for the services of Mr. Coughlin. Mr. Joshi requests reasonable attorney's fees be
23 paid to his attorney, Mr. Springgate.
26 On July 18, 2008, Mr. Coughlin filed a Statement of Legal Aid Representation
27 which states Defendant is receiving "free legal assistance" from Washoe Legal Services
28 pursuant to NRS 12.015.
6
0052
On October 3, 2008, Judge Jordan presided over the parties' Case Management
2 Conference. At that hearing, the parties were unable to reach a settlement. Further, on
3 March 12, 2009, Judge Gardner conducted a Settlement Conference for approximately one
4 and one-half hours, prior to starting the trial at approximately 3:00 pm. The parties did
5 not agree on settlement and trial was commenced.
6 In his closing argument at trial, Mr. Coughlin, on behalf of Ms. Joshi, stated that he
7 did not understand and could not agree with equalizing debt when one party ended up
8 with a nicer car. He stated that he had" crunched the numbers" and could not see it the
9 other way. Mr. Coughlin cited an ALR article regarding community debt and stated his
10 client" does not have much for the creditors to take." He requested that his client assume
11 one-half the community debt and that the Court find Plaintiff's two $5,000 debts to family
12 members and friends as Mr. Joshi's separate debts. Mr. Coughlin stated his client is being
13 asked to "foot the bill" for Plaintiff's debts and referenced that Ms. Joshi is a caring and
14 committed mother.
15 Mr. Joshi testified that he had paid Mr. Springgate $4,000.00 since July, 2008,
16 for attorney's fees and costs.
17 Mr. Joshi requested that Mr. Coughlin personally pay his attorney's fees for 4.15
18 hours of trial at the rate of $225 per hour pursuant to NRS 7.085. Mr. Springgate testified
19 Mr. Coughlin had not conducted any discovery, had produced no evidence regarding
20 Ms. Joshi's community debts other than her Financial Declaration on file, had presented
21 no evidence regarding alimony, and had acted in a vexatious and unreasonable manner
22 in representing Ms. Joshi in this divorce proceeding.
23 CONCLUSIONS OF LAW
24 1. Ongoing Support for the Adult Children's Education -
25 Pursuant to NRS 125.510(9)(b), except where a contract providing otherwise has
26 been executed pursuant to NRS 123.080, the obligation for care, education, maintenance
27 and support of any minor child created by any order entered pursuant to this section
28 ceases: (a) Upon the death of the person to whom the order was directed; or (b) When
7
0053
the child reaches 18 years of age if he is no longer enrolled in high school, otherwise,
2 when he reaches 19 years of age.
3 There has been no evidence presented by Ms. Joshi justifying a request for
4 continuing support of the parties' adult children. As there has been no legal basis
5 presented to make such a finding, the Court denies Ms. Joshi's request that Mr. Joshi
6 financially provide for the adult children's education.
7 2. Community Property/Debt -
8 Pursuant to NRS 125.150(1)(b) and Putterman v. Putterman, 113 Nev. 606, 939 P.2d
9 1047 (1997), in granting a divorce, the Court shall ensure an equal disposition of the
10 community estate, absent compelling reasons justifying an unequal distribution. The
11 Court must make written findings as to why such a division is appropriate.
12 a. "Women's Wealth" - The parties have agreed that the parties'
13 community interests in the "women's wealth" belongs entirely to Ms. Joshi according to
14 their customary beliefs, and thereby should be declared her sole and separate property.
15 As such, Mr. Joshi is ordered to contact any and all relatives who may have this property
16 and immediately return said property to Ms. Joshi as soon as possible.
17 b. Mr. Ioshi's Vehicle - The 2005 Chevrolet Blazer shall be considered
18 Mr. Joshi's sole and separate property. Mr. Joshi shall be responsible for the debt
19 remaining thereon. As the car is worth $10,910.00 but there is $15,009.75 due and owing
20 on said car, the Court will consider Mr. Joshi's assumption of this asset as an undertaking
21 of community debt of approximately $4,100.00.
22 c. Ms. Ioshi's Vehicle - Ms. Joshi's car shall be considered her sole and
23 separate property. Ms. Joshi shall be responsible for any debt remaining thereon. As
24 there was no evidence presented as to its value (either positive or negative), the Court is
25 unable to determine a value for this community asset.
26 d. Son's Vehicle - As the only evidence presented on this issue was the
27 fact that the parties' adult son drives this vehicle and makes the payments thereon, this
28 asset will not be divided among the community.
8
0054
e. Daughter's Vehicle - The only evidence presented on this issue was
2 the fact that the parties' adult daughter drives this car and makes payments thereon. Ms.
3 Joshi presented no evidence of a balance owing on the car or its fair market value.
4 Thereby, this car will not be divided as a community asset.
5 f. London Bank Account - there was no evidence presented to the
6 Court verifying said bank account exists. As such, there is no factual basis to support an
7 order dividing it as a community asset.
8 g. Community Bank Accounts - there was no evidence presented as to
9 the existence of community bank accounts. As such, there is no factual basis to support
10 an order dividing it as a community asset.
11 h. Computer - Mr. Joshi is awarded the computer purchased at Best
12 Buy. Ms. Joshi shall deliver said computer to Mr. Springgate's office on or before Friday,
13 April 17, 2009, at 5:00pm.
14 1. Television - Ms. Joshi is awarded the television purchased at Best
15 Buy. It is the Court's understanding this television is currently in Ms. Joshi's possession.
16 J. General Credit Card Debt - The evidence presented indicates a
17 general debt of approximately $15, 650.00 which has been expended for community
18 purposes.
19 Mr. Joshi agreed to be responsible for this debt at trial. As such, Mr. Joshi shall be
20 solely and separately responsible for this debt.
21 k. Best Buy Credit Card Debt - The evidence presented indicates there
22 is a debt of approximately $1,314.00 outstanding for the purchase of the television and
23 computer.
24 Mr. Joshi agreed to be responsible for this debt at trial. As such, Mr. Joshi shall be
25 solely and separately responsible for this debt.
26 / / /
27 / / /
28
9
0055
1. Medical Debt - As Mr. Joshi has offered to pay these debts, he shall
2 be solely and separately responsible for the payment of $6,735.00 to St.Mary's Hospital;
3 and $500.00 to Remsa.
4 m. Family Debt - There was no documentary evidence presented as to
5 the debt owing to Ashik Nanaby (sp?) for buying plane tickets for the Joshi family.
6 Further, as the only evidence provided regarding the $5,000.00 debt to Rod and Meena
7 Fowler indicates said debt was incurred for the benefit of Mr. Joshi's mother. As
8 Mr. Joshi has agreed to take on both of these debts, they shall henceforth be his sole and
9 separate responsibility.
10 n. General Community Debt - There was no evidence other than
11 testimonial evidence to establish community debts. As Mr. Joshi has offered to pay any
12 remaining community debt in his name that is hereafter outstanding, said debt shall be
13 the sole and separate responsibility of Mr. Joshi.
14 The Court notes Mr. Joshi has likely incurred an unequal distribution of the
15 community debt in this case. The Court finds his testimonial acquiescence at trial to take
16 on this debt is a compelling reason to make an unequal distribution of the community
17 debt.
18 3. Spousal Support-
19 The statutory mandate for alimony is that it be "just and equitable."
20 NRS 125.150(1)(a). Alimony is an equitable award to serve the post-decree needs and
21 rights of the former spouse. Wolff v. Wolff, 112 Nev. 1355, 929 P.2d 916 (1996). Although
22 post-decree incomes need not be equalized, in marriages of some duration, alimony may
23 be used to narrow large gaps between the post-divorce earning capacities of the parties
24 and to allow the recipient spouse to live" as nearly as possible to the station in life
25 enjoyed before the divorce." Shydler v. Shydler, 114 Nev. 192, 196954 P.2d 37,39 (1998).
26 The individual circumstances of each case will determine the appropriate amount and
27 length of any alimony award. Id.
28
10
0056
Pursuant to NRS 125.150(B), there are eleven (11) factors the court shall consider in
2 awarding alimony.
3 Ms. Joshi presented no evidence in support of her request for alimony other than
4 her own testimonial evidence that she raised the parties' children, had foregone
5 educational opportunities, and put her dreams on hold while married. Ms. Joshi testified
6 that she is healthy and has always worked. There was no reference to any of the eleven
7 factors in NRS 125.150(B) in Ms. Joshi's presentation and argument in support of an
8 award of spousal support.
9 The Court finds that the parties presently earn approximately the same amount,
10 Ms. Joshi earns $2,45B per month and Mr. Joshi earned approximately $3,125 per month
11 in 200B, but testified he is working substantially less in 2009 and has filed for
12 unemployment benefits the beginning of March 2009. (See NRS 125.150(B)(a)). The
13 parties have been married 21 years and Ms. Joshi has always been employed during that
14 time. (See NRS 125.150(B)(d)). Ms. Joshi obtained a college degree prior to marriage and
15 Mr. Joshi has a high school degree. (See NRS 125.150(B)(h)). Both parties are healthy and
16 able to work. (See NRS 125.150(B)(k)).
17 Based upon the evidence presented and the applicable law, this Court does not
18 believe Ms. Joshi is entitled to an award of alimony.
19 4. Attorney's Fees-
20 This Court enjoys discretion to award attorney's fees in a divorce action. (See
21 NRS 125.150(3); Love v. Love, 114 Nev. 572, 959 P.2d 523 (199B).) Also, pursuant to
22 NRS 1B.010(2)(b), the court has authority to order attorney's fees "when the court finds
23 that the ... defense of the opposing party was brought or maintained without reasonable
24 ground or to harass the prevailing party." Finally, pursuant to NRS 7.0B5, if a court
25 finds that an attorney has: (a) filed, maintained or defended a civil action or proceeding
26 in any court in this State and such action or defense is not well-grounded in fact or is not
27 warranted by existing law or by an argument for changing the existing law that is made
28 in good faith; or (b) unreasonably and vexatiously extended a civil action or proceeding
11
0057
before any court in this State, the court shall require the attorney personally to pay the
2 additional costs, expenses and attorney's fees reasonably incurred because of such
3 conduct.
4 At trial, Mr. Springgate stated that Mr. Coughlin had conducted no discovery in
5 this case. In addition, Mr. Coughlin failed to present one documentary piece of evidence
6 at trial on behalf of Ms. Joshi's claims. Mr. Coughlin argued incessantly with the Court
7 throughout trial and made sarcastic, derogatory remarks to the Court, Mr. Springgate,
8 and Mr. Joshi throughout trial.
9 The Court notes that there were well over 40 objections during four (4) hours of
10 trial. Mr. Springgate's objections were well-founded and continuously sustained except
11 in one instance. Mr. Coughlin was overruled on every objection except one and argued
12 with the Court over most rulings. Mr. Coughlin was admonished approximately 15 times
13 by the Court to quit arguing, to ask specific questions, to discontinue asking questions
14 calling for a legal conclusion, and to refrain from making degrading remarks to both Mr.
15 Joshi and Mr. Springgate.
16 The Court notes that at one point, after an exhibit had been admitted,
17 Mr. Coughlin could not find the copy provided by Mr. Springgate in discovery. Mr.
18 Coughlin demanded a copy be provided at trial, stating" am I supposed to be rifling
19 through my papers? My understanding is that you are supposed to provide a copy."
20 When asked if he had the copy of the document, Mr. Coughlin stated, "1 do not know. I
21 could spend my time and mental energy looking around for Mr. Springgate's document
22 like I am his assistant, or we could ask Mr. Springgate to provide a copy at the time he is
23 seeking admission like I believe the rule states." Mr. Coughlin cited no rule and then
24 proceeded to interrupt the proceedings twice approximately five (5) minutes and twelve
25 (12) minutes post ruling to re-argue the point. Mr. Springgate replied to the arguments
26 by referencing when exactly the copy had been provided to Mr. Coughlin during
27 discovery and where the copy could be located. The Court had to admonish Mr.
28 Coughlin to quit arguing the point and reiterate that the exhibit had been admitted.
12
0058
Mr. Coughlin filed an Answer and Counterclaim on Ms. Joshi's behalf that
2 included allegations unsupported by law; and filed an Opposition to the request for
3 return of Mr. Joshi's passport without any factual or legal basis. Further, at trial, Mr.
4 Coughlin presented almost no evidence to support Ms. Joshi's requests and claims.
5 The most troubling aspect of this case was Mr. Coughlin's rude, sarcastic and
6 disrespectful presentation at trial; Mr. Coughlin's inability to understand a balance sheet;
7 his failure to conduct discovery; and his lack of knowledge with regard to the rules of
8 evidence and trial procedure. All of this was compounded with a continuously
9 antagonistic presentation of the case that resulted in a shift from a fairly simple divorce
10 case to a contentious divorce trial lasting an excessive amount of time.
11 For all these reasons, the Court finds that Mr. Coughlin's presentation of the case
12 and arguments in support thereof to be unfounded in fact, unwarranted by existing law,
13 unreasonable, and vexatious throughout this entire proceeding.
14 Based upon the foregoing, Mr. Springgate's request that Mr. Coughlin personally
15 pay Mr. Joshi 4.15 hours at the rate of $225 per hour for the cost of the trial is GRANTED.
16 Mr. Coughlin shall submit a check to Mr. Joshi in the amount of $934 within 30 days of
17 this Order.
18
19
20
21
22
23
24
25
26
27
28
5. Preparation of the Decree -
Mr. Springgate shall prepare the decree of divorce consistent with this
memorandum decision. Mr. Springgate shall tender his proposed decree to Mr.
Coughlin, pursuant to WDCR 9, within 20 days from the date of this order.
GOOD CAUSE APPEARING, IT IS SO ORDERED.
Dated: April 2009. ..;/ /7

DISTRICT JUDGE
13
0059
2 Pursuant to NRCP 5(b), I certify that I am an employee of the Second Judicial
3 District Court, and that on the {6 day of April, 2009, I electronically filed the foregoing
4 with the Clerk of the Court System which will send a notice of electronic filing to the
5 following:
6
7 Document: ORDER AFTER TRIAL
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOHNP. SPRINGGATEESQ
ZACHARY B. COUGHLIN ESQ
~ ~
AdmInIstratIve AssIstant
14 0060

Request for Reconsideration - 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Code 2490
Zach Coughlin, Esq.
299 S. Arlington Ave
Bar No.: 9473
Reno, NV 89501
775 338 8118
Attorney for Zach Coughlin
Attorney of Record for Joshi Bharti*

IN THE SECOND JUDICIAL DIVISION OF THE STATE OF NEVADA

Ashwin Joshi,
Plaintiff,
vs.
Bharti Joshi,
Defendant
)
)
)
)
)
)
)
)
)
)
Case No.: DV08-01168

Dept. 14

REQUEST FOR RECONSIDERATION; REQUEST FOR EXTENSION OF TIME TO
RESPOND
COMES NOW, Zach Coughlin, Esq., on behalf of himself with respect to the personally
liability for attorneys fees pursuant to NRS 7.085, and commenting to the Court in regard to his
representation of the Defendant, Joshi Bharti, and moves the Court to Reconsider the Order After
Trial it entered and served electronically on April 13
th
, 2009. This motion is made and based
upon the attached memorandum of points and authorities and all the papers and pleadings on file
in this action.

This watermark does not appear in the registered version - http://www.clicktoconvert.com
F I L E D
Electronically
04-30-2009:03:35:14 PM
Howard W. Conyers
Clerk of the Court
0061

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

(Please Note: Mr. Coughlin attempted a to timely file this Request on eFile, however, a technical
deficiency regarding the signature line resulted in a rejection of the filing, communicated to Mr.
Coughlin on April 29
th
, 2009, and required a refilling after being informed of the problem by
Annie at the filing office (775 328 3112 is Annie contact number).
Dated this 27
th
day of April, 2009
/sig/ Zach Coughlin
Zach Coughlin, Esq.
On his own behalf

MEMORANDUM OF POINTS AND AUTHORITIES

The Order Requiring Attorney to Personally Pay Opposing Counsels Legal Fees Should be
Reconsidered and Set Aside.

Mr. Coughlin wishes to express his sincere and profound respect for this Court and for
opposing counsel John Springgate, Esq. He recognizes the valuable opportunity presented by
the criticisms set forth and is resolved to redouble his efforts in developing along the path of
becoming a consummate professional of the ilk to which Judge Gardner and Mr. Springgate
belong. Mr. Coughlin feels is fair to point out that subsequent to this Trial Mr. Springgate
reached out to Mr. Coughlin and a very productive communiqu resulted which has led to Mr.
Coughlin being fortunate enough to be provided much useful instruction in aid of Mr. Coughlins
journey to, hopefully, one day becoming anywhere near as accomplished and respected a
professional as Mr. Springgate.
*It is important to note at the outset that Mr. Coughlin does not believe he is currently
representing Ms. Joshi. It is Mr. Coughlins understanding that Washoe Legal Services
substituted a different attorney to represent Ms. Joshi henceforth in this case. Mr. Coughlin has
0062

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

and intends to continue to make every appropriate attempt to accomplish this transition in a
manner that attends to all matters of concern to Ms. Joshi.
This Court enjoys discretion to award attorney's fees in a divorce action. (See NRS
125.150(3); Love v. Love, 114 Nev. 572, 959 P.2d 523 (1998)). Also, pursuant to NRS
18.010(2)(b), the court has authority to order attorney's fees "when the court finds that
the...defense of the opposing party was brought or maintained without reasonable ground or to
harass the prevailing party." Finally, pursuant to NRS 7.085, if a court finds that an attorney has:
(a) filed, maintained or defended a civil action or proceeding in any court in this State and such
action or defense is not well- grounded in fact or is not warranted by existing law or by an
argument for changing the existing law that is made in good faith; or (b) unreasonably and
vexatiously extended a civil action or proceeding before any court in this State, the court shall
require the attorney personally to pay the additional costs, expenses and attorney's fees
reasonably incurred because of such conduct.
Whether counsel defended a civil action or proceeding in any court in this State where such
action or defense is not warranted by existing law or by an argument for changing the
existing law that is made in good faith?

Should Ms. Joshi have been ordered to pay half the community credit card debt (for
which her personal property probably could not be used to satisfy as she was not a cosigner on
nearly all of the accounts), any subsequent failure on her part to do so could likely not be
used as a proper basis to set off any alimony award received. However, the Courts Order
After Trial points out that Mr. Joshi requested the Court consider his net income after deducting
taxes, factoring in the present $600 per month he is presently paying for community debt, and
set off any alimony responsibility by his assumption of an unequal distribution of
community debt. (Emphasis added). The Courts Order seems to endorse this arrangement as
0063

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

fair and acceptable and the Courts statements to Mr. Coughlin and Ms. Joshi at the Settlement
Conference explicitly indicated how well grounded in legal custom this scenario was thought to
be. However, the majority rule in the various states and overwhelming balance of recorded case
law suggests otherwise, sometimes very strongly. Nevada may not have authority directly on
point, though In Re Anders (a bankruptcy case from Nevada) may be.
The court in each of the following cases determined that an offset against an arrearage of
alimony for payments to various third parties on behalf of a former spouse, including tuition and
sums spent in satisfaction of a bank loan or credit card charges, would not be permitted. The
special nature and purpose of the support obligation owed by a divorced spouse to her former
spouse will be a consideration affecting the court's determination of the propriety of an offset in
most instances. For example, in several jurisdictions in which the courts have determined that
the support obligation is a "duty" and not a "debt," it has been held that a setoff of an ordinary
debt should not permitted as a matter of right against the support obligation. It should be noted
that in a few jurisdictions, there is no indication that an offset considered by the court to
retroactively modify the decree will be permitted under any, or at least most, circumstances.
Nevada does not appear to have any reported case law on this issue, as can sometimes be the
case.
Remanding the case for a new trial to determine whether the wife consented to certain
payments to third parties in lieu of alimony arrearages due under a separation agreement, the
court in Lopez v Lopez (1980, App) 125 Ariz. 309, 609 P2d 579, observed that support
payments, whether for the wife's or child's support, are to be disbursed by the supported spouse
as she sees fit, and the supporting spouse ordinarily is not entitled to credits against past-due
support for monies that he paid to third parties on his own accord and without her consent.
0064

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

The court in Morel v Morel (1982, La App 5th Cir) 425 So 2d 1289, cert den (La) 430 So
2d 99, refused to allow as an offset against delinquent alimony pendente lite and child support
several non-complying expenditures by the husband, including the payment of the children's
tuition, a community debt, when the amount expended could be recovered by him at the time of
the settlement of the marital community, and the payment was not made pursuant to the spouses'
agreement. A request by the wife that the husband make such payments during a later time
period was found irrelevant to the instant indirect payments.
Although apparently agreeing with jurisprudence to the effect that the supported spouse is
entitled to spend support funds as she chooses, and the supporting spouse may not usurp this
right by making payments to others on his own accord, the court in Feazell v Feazell (1984, La
App 3d Cir) 445 So 2d 143, held that the husband's payments to third parties on behalf of his
former wife were not unilateral, but in accordance with the wife's direction and, consequently,
permissible.
Where the wife testified that she used the credit card to "balance out" household expenses
for herself and the children while the couple was separated, the court in Youngberg v Youngberg
(1986, La App 4th Cir) 499 So 2d 329, would not permit an offset against post-divorce
permanent alimony and child support arrearages for one-half of the credit card charges. The
husband had been ordered to pay alimony pendente lite and child support during the period in
which the charges were made, but was current in his payments at that time, and asserted that the
wife made the charges without his permission. The wife maintained that the credit card charges
were for expenses for which the husband was responsible. The court concluded that neither
spouse intended such a credit when the husband paid the credit card account balance, denying the
offset apparently based on the lack of evidence of an agreement between the parties.
0065

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

In Gottsegen v Gottsegen (1987, La App 4th Cir) 508 So 2d 162, the court disallowed
credit against past-due permanent alimony for pre-award payments made on veterinarian and
cable television bills when those items could not be considered necessary for the wife's support,
pursuant to La.R.S. 9:310, which provided for the retroactive effect of such awards subject to
credit for any support provided.
Credit card charges for the purchase of luggage and an airline ticket by the wife
immediately prior to separation, which apparently fell to the husband to pay, were not offset
against arrears in alimony pendente lite by the court in Rauch v Rauch (1988, La App 5th Cir)
535 So 2d 1317, when the husband's claim was not "liquidated" within the meaning of LSA-C.C.
art. 1893, the statutory setoff provision.
Although affirming the lower court's postponement of a decision respecting the husband's
right to credit until the divorce trial because this aspect of the decision was not appealed, the
court in Keff v Keff (1983, 3d Dept) 95 App Div 2d 888, 464 NYS2d 29, remarked that a
judgment requiring the husband to pay the full amount of the claimed arrears in temporary
maintenance and child support would have been appropriate, notwithstanding a claimed setoff
for amounts paid by him for attorney's fees owed by the wife (Ms. Joshi should receive a similar
set off for the fees paid to Mr. Springgate). The court noted that the husband neither moved for
relief of the support order, nor proffered any reason for his neglect, and his unilateral reduction
of support was improper.
The court in Gluck v Gluck (1987, 2d Dept) 134 App Div 2d 237, 520 NYS2d 581,
concluded that a husband's payment of the spouses' credit card bills, apparently prior to divorce,
could not be offset against arrears in (temporary) maintenance and child support owed to his
wife.
0066

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

In Bruner v Bruner (1978, La App 2d Cir) 356 So 2d 1101, cert. gr. (La) 358 So 2d 641,
it was held that the trial court erred in allowing a husband credit or an offset against a claimed
arrearage of alimony pendente lite for payments made by him to third parties on his wife's behalf
where the evidence did not show that the payments were made at the request of, or with the
consent of, his wife.
A husband was not entitled to credit against arrears in pendente lite maintenance and
child support for voluntary payments he made to third parties for his wife's and children's
benefit, according to the court in Krantz v Krantz (1991, 2d Dept) 175 App Div 2d 865, 573
NYS 2d 738, on the ground that several of the payments also satisfied the husband's
contractual obligations.
And, in Kerpen v Kerpen (1991, 2d Dept) 172 App Div 2d 496, 567 NYS2d 849, the
court refused to credit a husband with voluntary payments made on behalf of his wife for "club
and other items" toward the sum of money owed by him for maintenance and child support under
a pendente lite order.
Mr. Springgate presented no case law or other legal authority beyond his own
professional opinion as to the legal basis for including such a set off for payments owed to third
party creditors in satisfying a domestic support obligation. Courts universally have embraced
the position that the unique nature or purpose of the support obligation owed to the former
spouse must be considered in any determination as to whether a setoff would be permitted
against that obligation. Mr. Springgate, who provided a thorough exposition in court (that
astutely referenced the Hein and Rodriguez cases) regarding the precedential history of
excluding evidence of the respective fault of the parties in property distribution and also in,
perhaps, an alimony determination, seemingly was unaware of the reasonableness and firm
0067

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

grounding in multitudinous precedent for sticking to the position that a debt to a third party
creditor might not be used to properly offset an alimony obligation.
This, so much so that Mr. Springgate felt it reasonable to move for Mr. Coughlin to
personally pay Mr. Joshis legal fees, at least in part, for Mr. Coughlins part in Ms. Joshis
declining to accept the offered settlement. One might wonder whether Mr. Springgates request
for sanctions in that regard was well- grounded in fact or warranted by existing law or by an
argument for changing the existing law that is made in good faith, or whether it unreasonably
and vexatiously extended a civil action or proceeding before any court in this State.
The court in Palmer v Palmer (1966) 52 Misc 2d 610, 275 NYS2d 978, recognized the
principle that a husband may not set off against unpaid alimony and child support payable to his
wife debts or claims owed to him by her, nor payments made by the husband to third parties for
the benefit of his wife or child without the wife's prior consent that they be instead of the amount
fixed by the matrimonial judgment or order, although in the controversy before the court,
concerning summer camp expenses paid by the husband on behalf of a daughter, the wife waived
the rule. The court added that without consent, indirect payments must be regarded in addition to,
not in lieu of, the support fixed by the court, that is a gift.
The court in Compton v Compton (1987, Tenn. App. Middle Section) No. 86-258-II,
held that a husband could not offset against alimony arrearages bills paid on behalf of his wife
without her request or agreement that the payments were in lieu of alimony, but in making the
payments had conferred to her an "officious benefit." The husband paid less alimony per month
than the amount ordered by the court, but contended that he also paid bills for his wife which
more than offset the deficiency for that period. Refusing to permit the offset against the
deficiency in alimony, the court pointed out that to vary the terms and allow a set off for the
0068

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

payment of other bills not included in the decree would subject the courts to a plethora of
such claims, making enforcement of the simplest divorce decree a quagmire for the trial
judge.
The language emphasized immediately above brings up an interesting point. The
Settlement, and ultimately the Order After Trial call for a situation where Ms. Joshi may well
(and it is very likely according to Mr. Springgate) need to ask this Court to have another hearing
in the future should Mr. Joshi discharge any of the debts he has been ordered to pay (or perhaps
even where Ms. Joshi has done so). However, the resolution urged by Ms. Joshis counsel would
arguably be more in line with judicial economy were courts in this State to adopt the majority
rule forbidding the offset of alimony due through payment to third party creditors. To the extent
the case loads in Family Court are so overburdening, having such a clear statement of the law
would obviate the need to have more and more contempt hearings following the discharge of a
supporting spouses obligations in bankruptcy.
Can it be said, considering NRS 7.085, that Mr. Coughlin filed, maintained or defended
a civil action or proceeding in any court in this State and such action or defense [was] not well-
grounded in fact or warranted by existing law or by an argument for changing the existing law
that is made in good faith in the instant case? Mr. Coughlin respectfully urges this Court to
consider the arguments set forth herein for reasons why the sanctions entered could be
reconsidered.
Seemingly, the award of attorneys fees relates, in part, to Mr. Coughlins failing to
counsel his client to accept a settlement offer whereby Ms. Joshi would agree to take $1.00 of
alimony for five years in exchange for Mr. Joshi agreeing to be responsible for about $20,000 of
consumer debt. This is the arrangement contemplated by Siragusa, and it makes sense when
0069

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

courts are adjudicating the marital dissolutions of extremely wealthy parties. This is not one of
those situations. This consumer debt was largely incurred on the Mr. Joshis credit cards, to
which Ms. Joshi was not a co-signer or authorized user and was never allowed to examine any
sort of itemized statement of the charges incurred (despite Mr. Coughlins written requests to
opposing counsel and indication that allowing her to do so would further settlement
negotiations). Exhibits A and B (please note that not all such correspondences are immediately
available to Mr. Coughlin given the situation referenced elsewhere in this Motion). Whether the
large balance transfers Mr. Joshi testified to making were made to transfer debt from an account
for which he was the only signatory to one where Ms. Joshi was a co-signatory (and thus could
see her separate property used to satisfy the debt) is certainly a valid point of inquiry.
Mr. Coughlin argued against accepting such a settlement (though he certainly informed
Ms. Joshi that the decision to go to trial was largely hers, but an attempt will be made to veer
away from considering the divergent interests of attorney and client in situations such as these, as
well as the lack of notice constitutional problems associated with NRS 7.085 awards). Mr.
Coughlin anticipated the trial may well result in an alimony award to Ms. Joshi of roughly $500
per month, potentially for over 10 years, when considering that equalizing payments for a
$12,000 yearly income disparity was a good yardstick for a 21 year marriage that produced two
children. This seems particularly true where it would take 12-20 years of payments to get Ms.
Joshi to social security age.
Should Ms. Joshi have been ordered to pay half the community credit card debt (for
which her personal property probably could not be used to satisfy as she was not a cosigner on
nearly all of the accounts), any subsequent failure on her part to do so could likely not be
used as a proper basis to set off any alimony award received. However, the Courts Order
0070

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

After Trial points out that Mr. Joshi requested the Court consider his net income after deducting
taxes, factor in the present $600 per month he is presently paying for community debt, and set
off any alimony responsibility by his assumption of an unequal distribution of community
debt. (Emphasis added). Additionally, the Court noted that to protect Ms. Joshi in the event
Mr. Joshi filed for bankruptcy, Mr. Joshi suggested that the court maintain jurisdiction over the
issue of spousal support for five years.
Indeed at the Settlement Conference (which was conducted the same day as the Trial,
something Mr. Coughlin agreed to in an effort to appease Mr. Joshis counsel stated desire to
encourage judicial economy) the Court seemed to indicated the reasonableness of this settlement
proposal and the jurisdictional $1.00 payment. It was unclear whether any subsequently
increased support obligation over and above the $1.00 set forth in the decree would enjoy
priority over third party creditors should Mr. Joshi file bankruptcy. It is clear that support
obligations enjoy priority in bankruptcy proceedings, it is not as clear whether this priority is
with respect to the original $1.00 per year award, or to any subsequently modified amount.
Like many domestic violence cases, the Settlement offered essentially exerted a good
deal of inappropriate power and control (a la the Duluth model) over Ms. Joshi and her rights
and Mr. Coughlin objected to that and is hopeful others can see why he felt strongly that doing
so was the right thing to do.
The Courts Order after Trial is not sufficiently detailed and specific to support an award
personally requiring counsel to pay opposing sides attorneys fees.

-Requirements of specific findings
0071

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

In the following cases, the courts held or recognized that specific findings by the trial
court were required before an attorney could be assessed with his opponent's fees. Major v First
Va. Bank, 97 Md. App 520, 631 A2d 127 (1993). (RICO claim; $25,000 for counsel fees).
In O'Brien v Cseh, (1983, 2d Dist) 148 Cal App 3d 957, 196 Cal Rptr 409 ( 12[b]), the court
found that an order by the trial court assessing attorney fees against counsel and giving only
"good cause appearing" as a reason for the sanction failed to meet the statutory requirement of a
detailed recital of the circumstances justifying the imposition of sanctions.
The court reversed an award of fees against an attorney that was imposed by the trial
court without any finding as to the actual costs incurred by the opposing parties, in City of El
Monte v Takei, (1984, 2d Dist) 158 Cal App 3d 244, 204 Cal Rptr 559 ( 9[a]). The case was
remanded for a hearing to determine reasonable expenses and counsel fees, since under the
applicable court rules the sanctions were limited to that amount.
If Mr. Joshis bare and inconsistent assertions in court regarding the various debts he
sought this Court to divide constitutes sufficient evidence for the court a question arises. Why
is this proof deemed sufficient with regard to the evidence presented where, when Ms. Joshis
points of contention are backed by similar evidence (testimony and financial declarations), the
court takes issue with the lack of evidence presented? Mr. Coughlin recognizes the level of skill
Mr. Springgate displays in court, when combined with the far superior reputation amongst his
peers in legal circles that Mr. Springgate enjoys arguably entitles Mr. Springgate the benefit of
the doubt.
Trial court abused its discretion in imposing a monetary sanction on the ground of failure
to perform a reasonable investigation before filing claims; no evidence was presented at the
sanctions hearing, and the sanctions order did not state that the trial court considered evidence.
0072

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Russell v. McBride Elec., Inc., 2006 Tex. App. LEXIS 2022 (Tex. App. Dallas Mar. 16 2006).
Administrative findings and decision were not supported by substantial evidence and the record
did not demonstrate a reasonable basis for the ALJ's refusal to set aside the default order;
however, the record did not demonstrate that the department's motion for new trial was a
pleading frivolously presented for an improper purpose, unwarranted by existing law, and
without evidentiary support, and there was no showing that the motion was filed in bad faith to
support an award of attorney's fees. Tex. Dep't of Pub. Safety v. Frieda, 112 S.W.3d 768, 2003
Tex. App. LEXIS 6604 (Tex. App. Beaumont 2003). In a lawyer's action to impose sanctions
against another lawyer, the sanctions were reversed as the stated bases for the sanction were
violations of Tex. Civ. Pac. & Rem. Code Ann. chs. 9, 10 and Tex. R. Civ. P. 13; both the lack of
evidence for the amount of necessary attorney's fees and the failure of the trial court to
demonstrate either the rationale for the sanction imposed or that a lesser sanction would have
sufficed, required a remand. Hemphill v. Hummel, 2008 Tex. App. LEXIS 5799 (Tex. App.
Corpus Christi July 31 2008). In a case where a mother was trying to recover real property from
her daughter, sanctions were properly not awarded because there was some evidence supporting
the daughter's counterclaims for breach of contract and fraud; the mother did not disprove
allegations made by the daughter that she and her husband had paid part of the cost of a septic
system, as well as the taxes on the property. Delahoussaye v. Kana, 2008 Tex. App. LEXIS
8561 (Tex. App. Houston 1st Dist. Nov. 13 2008).
In Charles v Charles, (1986, Dist Col App) 505 A2d 462 ( 4[a]), the court reversed an
assessment of attorney fees against an attorney, where the trial court had failed to make a
specific finding of bad faith. The court stated that it is within the inherent authority of trial
courts to assess attorney fees against an attorney who has acted in bad faith, if the sanction is
0073

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

imposed after fair notice and an opportunity for a hearing on the record. But although counsel's
conduct in this case made an assessment of fees appropriate, and there had been fair notice
and a hearing on the plaintiff's motion for attorney fees, the court decided that the absence of
a specific finding of bad faith required reversal and remand for a new hearing directed to that
issue.
The Courts Order after Trial in the Joshi divorce matter did not contain any language
related to this intent question. This Order failed to specify whether the court found counsels
actions to exhibit bad faith. As such the sanction should not be upheld as it is not sufficiently
detailed and specific.
Before a proper finding of a Frivolous claim may be made under a statute authorizing fee
awards against attorneys on that basis, it is necessary for the trial court to find that the
attorney knew that the action was without any reasonable basis in law and could not be
supported by a good- faith argument for an extension, modification, or reversal of existing law,
held the court, in Radlein v Industrial Fire & Casualty Ins. Co., (1984) 117 Wis. 2d 605, 345
NW2d 874. The court stated a two-pronged test for determining an attorney's responsibility in
sanctions for commencing a Frivolous action: first, is the law ready for an extension,
modification, or reversal; and if not, then second, was the argument for such change made in
good faith even though not successful. Frivolous action claims are an especially delicate area,
said the court, since the ingenuity, foresightedness, and competency of the bar should be
encouraged and not stifled.
The Courts Order After Trial in the case at bar should reconsider any finding that
counsel put forth an action that was without basis in law (it is not entirely clear what NRS 7.085
contemplates necessary with respect to the intent issue). Mr. Coughlin mentioned the Siragusa
0074

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

and Allen opinions in court and referenced the American Law Reports covering the pertinent
issues underlying the dispute with regard to the appropriateness of the settlement discussed. The
ALRs counsel was referring to are Debts for alimony, maintenance, and support as
exceptions to bankruptcy discharge, under 523(a)(5) of Bankruptcy Code of 1978 (11
U.S.C.A. 523(a)(5)), 69 A.L.R. Fed. 403; Spouse's right to set off debt owed by other
spouse against accrued spousal or child support payments, 11 A.L.R.5th 259 (Originally
published in 1993); Change in financial condition or needs of husband or wife as ground for
modification of decree for alimony or maintenance, 18 A.L.R.2d 10 (Originally published in
1951) .
In a post-divorce proceeding, the court did not err in modifying husband's alimony
obligation by continuing it beyond term called for in decree where original decree called for
husband to make alimony payments to wife of $3,000 per month for sixty months, where decree
also required husband to pay wife $1.250 million over fifteen years for her share of community
property interest in husband's medical practice, where husband fell behind in his payments and
his property settlement obligation was later discharged in bankruptcy although his alimony
obligation was not, where court properly considered discharged obligation as "changed
circumstance" justifying modification in that discharge of obligation had changed both husband's
and wife's financial circumstances, and where modification of alimony award based upon
discharged property settlement obligation did not re-create debt discharged under federal
bankruptcy laws. Siragusa v Siragusa, 108 Nev 987, 843 P2d 807, CCH Bankr L Rptr 75035
(1992); In re Siragusa, 27 F.3d 406, 31 Collier Bankr.Cas.2d 890, Bankr. L. Rep. P 75,965,
C.A.9 (Nev.), June 20, 1994 (NO. 92-16788).
0075

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

There is no explicit relation of debt allocation and community property distributions to
the spouses. The Nevada statutes do not mandate any particular order of decision among child
support, spousal support, property division, or debt allocation. This has led to a certain amount of
confusion as judges attempt to achieve equity through a holistic approach to deciding all issues
in the case. (Marshall Willick, Esq. article at http://www.willicklawgroup.com/get_file/id=283).
The Nevada Supreme Court has opined that where a party does not pay the debts that
were supposed to be paid, that party is not entitled to the property share that was awarded based
on anticipation of such payment. Allen v. Allen, 112 Nev. ___, ___ P.2d ___ (Adv. Opn. No.
149, Oct. 22, 1996). The Nevada Supreme Court has likewise allowed the reopening of alimony
to the party to whom a debt fell because the other party was supposed to pay that debt but failed
to do so. Martin v. Martin, 108 Nev. 384, 832 P.2d 390 (1992). What is still lacking, however,
is any clear guideposts as to which party should have been allocated what debt to begin with.
The Nevada case law, however, appears to presume that the debt terms set out in the decree are
absolute, and that other terms, such as alimony (See Martin v. Martin, 108 Nev. 384, 832 P.2d
390 (1992)), or property division (See Allen v. Allen, 112 Nev. ___, ___ P.2d ___ (Adv. Opn.
No. 149, Oct. 22, 1996)), will be amended to enforce the debt division. In the interests of
judicial economy it is important to note that, while there is no significant appellate authority on
these subjects, costly proceedings in the lower courts to enforce debt payment terms by less
drastic means (primarily, contempt sanctions) are common.
To the extent that the Courts sanctions in the case at bar were motivated by a concern for
judicial economy, fashioning a decree that will potentially see these parties returning to court to
litigate costly contempt proceedings should Mr. Joshi (or perhaps Ms. Joshi, though much case
0076

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

law is presented here that would argue against it) discharge his various debts in bankruptcy
seems ill advised.
In Nevada, except for real estate and jointly- managed businesses, it appears that both
spouses have free reign to incur debt for which the community is responsible. It also seems
rather clear that the creditors of such community debt are unaffected by anything in a divorce
decree from pursuing either of the parties for repayment. See Marine Midland Bank v.
Monroe, 104 Nev. 307, 756 P.2d 1193 (1988) (bank is free to pursue wife for delinquent joint
credit card debt despite divorce courts order for husband to pay such debt). It is typically very
difficult to pursue a spouse who is not a cosigner with respect to using that spouses separate
property covers any community debt.
In Martin v. Martin, 108 Nev. 384, 832 P.2d 390 (1992), an August 1988 divorce decree
ordered child support and for the husband to pay two Visa accounts. He filed bankruptcy in
September, and had them discharged in April of 1989. The wife filed a motion for spousal
support; after an evidentiary hearing, the lower court found that the debt payment terms were
characterized as being in the nature of alimony, maintenance and support and so ordered
support in an amount sufficient to repay wife for credit debts now falling to her. On appeal, the
Nevada Supreme Court affirmed that in this case the hold harmless provisions qualified as
maintenance or support, since court found that without it the spouse would be inadequately
supported. The husbands assumption of debt was tied to an agreement for lower child support,
and when he breached the agreement, he left her inadequately supported. While discharge was
proper, he could not discharge obligations arising out of the decree. The appellate court
apparently did not address timeliness question of how wife could file a motion for alimony
nearly a year after the divorce was final (local rules permit only six months to modify a decree
0077

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

under NRCP60(b)), but there may have been additional procedural facts not recited in the
opinion.
In Allen v. Allen, the husband and wife entered into an oral property settlement; the wife
waived child support, and the husband agreed to pay certain debts and pay $16,250.00 to the
wife to equalize the division of community property. 112 Nev. ___, ___ P.2d ___ (Adv. Opn.
No. 149, Oct. 22, 1996). The agreement was made during a settlement conference held by the
district court judge, but was not reduced to writing for a year, when the court entered a divorce
decree nunc pro tunc adopting the agreement. In the interim, the husband filed bankruptcy, and
was released from most of the financial obligations. The wife claimed that the husband used
the bankruptcy to defraud her out of her share of the community property and that because of the
bankruptcy there was a failure to equalize the division of community property as intended. The
wife moved to set aside the decree, which was denied by the district court as barred by federal
law.
The Supreme Court, noting that the district court knew all these facts, expressed no
understanding of why the district court would enter the decree in the first place, but held that in
any event, it was error to refuse to set it aside. Noting its holding in Siragusa v. Siragusa (108
Nev. 987, 843 P.2d 807 (1992)), the Court again held that the lower court could consider the
effect of the husbands bankruptcy upon the community and the rights of the parties, but this is
not to say the state court would be interfering in any way with the bankruptcy courts decree.
The Court expressly rejected the husbands assertion that the wifes fraud claim was waived
under 11 U.S.C. 524 because she failed to file a complaint in the bankruptcy action. Finally,
the Court concluded that even aside from the question of fraud, the decree entered was inherently
unfair and should be set aside: Under no circumstances, bankruptcy or no bankruptcy, should
0078

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

one party to a divorce be allowed to take all of the benefits of the divorce settlement and leave
the other party at the disadvantage suffered by the wife in the present case. Although some of
these comments may be dicta, Allen provides authority for the proposition that whenever a
bankruptcy has an effect upon the community and the rights of the parties, a motion can be
entertained to ameliorate that effect.
However, it appears that an intervening bankruptcy has no effect on the liability of
the non-custodian for child support arrears, or the ability of the custodian to collect them.
In In Re Anders, No. BK-S-91-24783-LBR (Bk. Ct., D. Nev., Mar. 10, 1993), the court held that
a former wife who declares chapter seven bankruptcy could retain a child support arrears
judgment (granted after she filed bankruptcy) despite the bankruptcy. The court held that child
support is a property interest belonging to the child and the custodian merely has a right to
enforce the childs property interest. The 11 U.S.C. 541(b) exception from the property of the
bankruptcy estate for powers which are exercisable solely for the benefit of another apply to
child support by analogy. This argument should arguably be expanded to include the duty
associated with other support obligations, such as alimony, ahead of the debt to monolithic third
party multi- national credit card and insurance companies being rewarded with trillions of dollars
in bailouts whilst throwing luxury executive getaways weekend bashes.
The proposition supported by In Re Anders speaks to a situation addressed at trial in the
case at bar. What should or would happen if Ms. Joshi was granted alimony and subsequently
moved to discharge her share of the community debt in bankruptcy or simply just failed to pay
these debts (or, as Mr. Springgate suggested, if she was forced into bankruptcy)? In Re Anders
and the large number of cases representing persuasive authority (all non-Nevada and non-U.S.
Supreme Court cases are cited herein merely as persuasive authority, of course) cited
0079

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

elsewhere in this motion support the position that a support obligation (alimony too, not just
child support) should be upheld even where the supported party has failed to live up to the debt
distribution terms of a Courts divorce decree. Following this rule would cut down on the costly
contempt proceedings that Mr. Springgate suggested he may bring should Ms. Joshi be granted
alimony and fail to pay her share of the debt distribution (something that case law from Nevada,
In re Anders arguably bars).
Indeed, the very existence of this majority rule would seem to vitiate Mr. Springgates
argument that counsels actions were vexatious in regard to the position counsel argued on behalf
of Ms. Joshi at trial. Mr. Coughlin stated in court at trial that the public policy underlying
alimony and other support obligations did not warrant placing the interests of behemoth multi-
national credit card conglomerates ahead of those of the citizens of Nevada who have been
granted an alimony award by the courts of this state. Perhaps it is for that reason that, at one
point during trial, Mr. Springgate announced to the Court that he could basically see the logic in
the position opposing counsel was taking and could understand why one would make the
argument. Mr. Springgates Trial Statement mentions that this probably would seem like an
alimony case to most people. Mr. Springgate moved for attorneys fees to be personally assessed
against opposing counsel at the conclusion of trial, a point at which Mr. Springgate for the first
time broached the subject of moving for such personally liability for fees against opposing
counsel. Clearly the lack of notice in this regard is troubling from a constitutional law
perspective.
One might ask how Mr. Springgate, in making such a motion (never mind presenting a
divergence of interests between opposing counsel and opposing counsels client) has not himself
violated NRS 7.085. Can one really seek personally liability for fees, alleging that opposing
0080

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

counsel has filed, maintained or defended a civil action or proceeding in any court in this State
and such action or defense is not well- grounded in fact or is not warranted by existing law or by
an argument for changing the existing law that is made in good faith; or unreasonably and
vexatiously extended a civil action or proceeding before any court in this State when one has
plainly announced in open court that they actually see the validity of opposing counsels
position?
This brings up the question of a legal services attorney who is not charging the client for
his services asking the court to award attorneys fees to his client. This Courts Order After Trial
perhaps takes issue with such a request, noting that Ms. Joshi requests reasonable attorney's fees
be paid to Washoe Legal Services for the services of Mr. CoughlinThe Court notes the
following information has been provided and has been taken into consideration on this issue: On
July 18, 2008, Mr. Coughlin filed a Statement of Legal Aid Representation which states
Defendant is receiving "free legal assistance" from Washoe Legal Services pursuant to NRS
12.015. However, Miller v. Wilfong, 121 Nev. Adv. Op. No. 61 (September 22, 2005) the
Nevada Supreme Court concluded that a party is not precluded from recovering attorney fees
solely because his or her counsel served in a pro bono capacity. While Nevada law has been
silent on this issue, many courts have concluded that an award of attorney fees is proper, even
when a party is represented without fee by a nonprofit legal services organization. There exist
many decisions to support such a ruling: Martin v. Tate, 492 A.2d 270, 274 (D.C. 1985); In re
Marriage of Brockett, 474 N.E.2d 754, 756 (Ill. App. Ct. 1984); Butler v. Butler, 376 So. 2d 287,
287 (Fla. Dist. Ct. App. 1979); In re Marriage of Gaddis, 632 S.W.2d 326, 329 (Mo. Ct. App.
1982); Ferrigno v. Ferrigno, 279 A.2d 141, 142 (N.J. Super. Ct. Ch. Div. 1971); Sellers v.
Wollman, 510 F.2d 119, 123 (5thCir. 1975) (holding that it is proper to award attorney fees to
0081

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

legal aid society in Truth- in-Lending Act action); Folsom v. Butte County Assn of
Governments, 652 P.2d 437, 447 n.26 (Cal. 1982) (concluding that an attorney fee award is
proper to a legal service organization in a suit to enforce a public transportation law).
In addition to the various state courts, the United States Supreme Court has concluded
that an award of attorney fees to a nonprofit legal services organization is to be calculated
according to the prevailing market rate, stating that Congress did not intend the calculation of fee
awards to vary depending on whether plaintiff was represented by private counsel or by a
nonprofit legal services organization. Blum v. Stenson, 465 U.S. 886, 894 (1984).
The Courts Order in Joshi arguably does not comply with the dictates set forth in Miller
v. Wilfong, and thus should not stand. Second, while it is within the trial courts discretion to
determine the reasonable amount of attorney fees under a statute or rule, in exercising that
discretion, the court must evaluate the factors set forth in Brunzell v. Golden Gate National
Bank, 85 Nev. 345, 349, 455 P.2d 31, 33 (1969). The Nevada Supreme Court noted that under
Brunzell, when courts determine the appropriate fee to award in civil cases, they must consider
various factors, including the qualities of the advocate, the character and difficulty of the work
performed, the work actually performed by the attorney, and the result obtained. We take this
opportunity to clarify our jurisprudence in family law cases to require trial courts to evaluate the
Brunzell factors when deciding attorney fee awards. Id. at 349. (Emphasis added).
Additionally, the Nevada Supreme Court ruled in Wright v. Osburn, that family law trial
courts must also consider the disparity in income of the parties when awarding fees. 114 Nev.
1367, 1370, 970 P.2d 1071, 1073 (1998). The Court in Miller v. Wilfong clarifies the Wright
language, noting that parties seeking attorney fees in family law cases must support their fee
request with affidavits or other evidence that meets the factors in Brunzell and Wright. Miller
0082

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

v. Wilfong, 121 Nev. Adv. Op. No. 61 (September 22, 2005). Ms. Joshis counsel submitted
such in affidavit, seeking a fee waiver. The Courts Order notes that Mr. Coughlin filed a
Statement of Legal Aid Representation which states Defendant is receiving "free legal
assistance" from Washoe Legal Services pursuant to NRS 12.015.
Mr. Joshi seemingly did not produce the required materials pursuant to the language in
the cases cited above, nor did the Courts Order set forth an application of specific elements
required in an award of attorneys fees. The result obtained in this case would not seem to argue
on favor of an award of attorneys fees. Mr. Joshi would not seem to be able to argue that he
was the prevailing party where he has been ordered solely responsible for the vast majority of
community debt. Pursuant to NRS 125.150(1)(b) and Putterman v. Putterman, 113 Nev. 606,
939 P.2d 1047 (1997), in granting a divorce, the Court shall ensure an equal disposition of the
community estate, absent compelling reasons justifying an unequal distribution. The Court must
make written findings as to why such a division is appropriate. The Courts Order here notes
that Mr. Joshi has likely incurred an unequal distribution of the community debt in this case.
The Court finds his testimonial acquiescence at trial to take on this debt is a compelling reason to
make an unequal distribution of the community debt.
It is not clear to Ms. Joshis counsel that any such testimonial acquiescence on Mr.
Joshis part took place at trial. Mr. Joshis counsel may have broached a suggested disposition,
though it is not clear to Mr. Coughlin how this differs from discussing settlement negotiations at
trial. Typically statements against interest made during settlement negotiations are not
admissible. If such acquiescence did take place at trial, then why would Mr. Springgate devote
the majority of the Trials four and a quarter hours running time to entering credit card balance
statements (devoid of itemization and only representing very recent balances), one after another?
0083

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Mr. Springgates case took over three hours to conclude. By that time, Mr. Coughlin felt forced
to present a much shorter case on Ms. Joshis behalf, resulting on only approximately forty
minutes being devoted to Ms. Joshis presentation. This was a particular disadvantage with
respect to the presentation of evidence in support of an alimony award. The Court found a lack
of factual support for an award of alimony to be one of these reasons supporting awarding
sanctions. Perhaps, Mr. Springgate could have sent some discovery of his own to speed up that
part of the Trial in the form of Requests for Admissions. Mr. Coughlin does not recall Mr.
Springgate sending any discovery requests, though access to the file would certainly enable Mr.
Coughlin to verify this to be the case. Mr. Springgate did not do this. Indeed, there was a real
paucity of discovery requests sent out by Mr. Springgate, though the Court spent much of its
opinion on the sparseness of discovery sent out by the non- moving party. Additionally, though
no formal Offers of Judgment appears to have been exchanged between these parties, NRCP
68(e) and NRS 17.115(3) makes offers during settlement negotiations inadmissible.
No evidence was presented at trial or cited in the Courts Order as to the qualities of the
advocate, the character and difficulty of the work performed, or the work actually performed by
the attorney. The Courts Order did make one mention of the difficulty of the work performed
here, pointing out that issues the Court took with Mr. Coughlins counsel were compounded
with a continuously antagonistic presentation of the case that resulted in a shift from a fairly
simple divorce case to a contentious divorce trial lasting an excessive amount of time.
(Emphasis added). The Court viewed this as a simple divorce case in its bare essence. The court
viewed a trial that lasted 4.15 hours to have taken an excessive amount of time.
Ms. Joshi has paid taxes during her adult life, taxes which fund the administration of
justice. If, where, as here, there are genuine disputes with regard to how the law should be
0084

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

applied, and Ms. Joshis position is supported by a vast body of reported case law (though,
admittedly, Mr. Coughlins Trial Statement was wholly insufficient in setting out the authority in
support of the position taken at trial and it is inappropriate to essentially put the Court in the
position at trial of knowing every arcane point of law that might come up), and the opposing side
has refused to honor requests (See Exhibit A and Exhibit B) to produce proof in support of
various points of contention (i.e., support for whether Mr. Joshi had made efforts to track down
the womans wealth, sufficient documentation to prove two personal loans totaling over $11,000,
proof that his surgery was necessary, itemized statements proving that his incongruously high
amount of credit card debt was all incurred for community purposes in a marriage where
expenses were essentially shared and paid for out of each spouses respective personal credit
accounts), the trial length in the present case does not appear excessive. 4.15 hours for a
Divorce Trial stemming from a 21 year marriage that produced two children, where a short
Settlement Conference was conducted the same day and immediately preceding the beginning of
the Trial, would not seem to be so excessive, especially in an age where some partys divorce
trials last several days or weeks.
Indeed, some parties Divorce Settlement Conferences, whether singular or multiple, last
longer than this combined Settlement Conference/Trial did. Ms. Joshis counsel chose not to
penalize Ms. Joshi by accepting a settlement where the only legal precedent offered in support of
the positions it contained was the esteemed opinion of opposing counsel as to the imminent
reasonableness of the offer on the table, along with Mr. Joshis counsel mentioning perhaps one
case where jurisdiction was reserved to increase alimony where a millionaire physician had
offered to cover some debts along with agreeing to a very, very large cash payout (in the
millions) to the spouse he was pledging to support. Mr. Coughlin recognizes the deficiencies in
0085

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

his own presentation and admits that a thoroughly briefed Trial Statement or Settlement
Conference Statement by Mr. Coughlin likely would have gone a long way towards determining
whether the Court believed the issues related to using third party debts as a set off for alimony
where a worthy use of the Courts limited resources and in line with the concerns for judicial
economy that all competent practitioners need to keep foremost in their minds. Regarding
Siragusa, such a case simply does not resonate with someone in Ms. Joshis set of circumstances.
Regardless, such a case says one could proceed with such a settlement arrangement (dependent
upon the chance to come back to court to litigate contempt proceedings in the future and possibly
be put in a better position as a result), it does not say that one must or risk having ones attorney
face the peril of being personally responsible for opposing counsels attorneys fees.
The Courts Order did not compare the result obtained at trial to the settlement discussed,
nor was any exposition given to the relative merits of either during the Settlement Conference,
save a very strong and prolonged suggestion to accept the settlement both by the Court and
opposing counsel. The Courts Order did not set forth anything that seemed to evaluate the
Brunzell factors when deciding attorney fee awards. Miller at 349. Nor did the Court address
the proviso in Wright that family law trial courts must also consider the disparity in income of
the parties when awarding fees (Id. at 1370), and Miller that parties seeking attorney fees in
family law cases must support their fee request with affidavits or other evidence that meets the
factors in Brunzell and Wright. Mr. Joshi did not appear to submit such an affidavit, unless one
considers his Financial Declaration to suffice. The parties respective Financial Affidavits
indicate that Mr. Joshi makes approximately $12,000 more per year than Ms. Joshi. When Ms.
Joshis requests were supported only by her testimony and Financial Declaration on file the
Court took the view that the evidence was so little so as to support sanctions against Ms. Joshis
0086

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

attorney. Further, the Courts Pre-Trial Order mandates that Mr. Joshi file an updated Financial
Declaration wherein he swears, under penalty of perjury that his recent reduction in income is
based in fact.
In another case, the trial court did not satisfy requirements for exercising its inherent
authority to impose attorney fees against an attorney for bad faith conduct when it ordered
husband's counsel to remit one half of his fees received to wife's counsel, where trial court did
not permit husband's counsel to present witnesses or other Evidence in his defense, trial court did
not make an express finding of bad faith or findings justifying the relief ordered, and order did
not show how the fees awarded directly related to the fees incurred as a result of the alleged bad
faith conduct by husband's counsel. Finol v. Finol, 912 So. 2d 627 (Fla. Dist. Ct. App. 4th Dist.
2005), related reference, 2005 WL 2373889 (Fla. Dist. Ct. App. 4th Dist. 2005) and reh'g denied,
(Nov. 7, 2005).
Another court ruled that petitioner's request for costs and expenses of litigation, including
attorney fees, did not provide notice to respondent's attorney that she could be held liable for
attorney fees under statute that awarded fees in situations where an attorney brought or defended
an action that lacked substantial justification; there was no motion requesting attorney fees from
attorney, there was no mention that the trial court was considering an award against attorney, and
the notice of the hearing contained no reference to the statute that awarded fees against attorneys
for bringing or defending an action that lacked substantial justification or to the possibility that
attorney could be assessed attorney fees for her conduct; overruling Cohen v. Feldman, 219
Ga.App. 90, 464 S.E.2d 237. West's Ga.Code Ann. 9-15-14(b). Williams v. Cooper, 625
S.E.2d 754 (Ga. 2006). See Kukui Nuts of Hawaii, Inc. v R. Baird & Co., (1990, Hawaii App)
789 P2d 501, 8[a].
0087

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

At trial, Mr. Springgate stated that Mr. Coughlin had conducted no discovery in
this case. To the extent that discovery can exist outside of asking Mr. Joshi to produce something
via a Request for Production or the like, it is not clear how Mr. Springgate is able to be certain
with regard to what Ms. Joshis counsel did or did not do with respect to conducting discovery.
Mr. Springgate did not appear to send Ms. Joshi any Interrogatories, Request for Productions, or
Request for Admissions, nor did he take anyones deposition. Mr. Coughlin would need access
to the file to determine this with surety, however eFlex and CourtConnect provide no indication
that any was sent out. Ms. Joshis counsel did send Mr. Springgate several written
correspondences suggesting documentation that Mr. Joshi could produce in an effort to speed
these parties along towards settlement.
Whether Mr. Coughlin defended a civil action or proceeding in any court in this State
where such action or defense is not well-grounded in fact?

The Courts Order After Trial points out that, at trial, Mr. Springgate stated that Mr.
Coughlin had conducted no discovery in this case. Apparently Mr. Springgate did not mention
the attached written correspondence wherein Mr. Coughlin suggested a multitude of documents
that Mr. Joshi could provide if he sought to expedite settlement, including a request for
documentation that would help establish that the debts Mr. Joshi claims were exclusively for the
benefit of the community and the existence of a valid medical debt incurred out of necessity.
Exhibit A. Further Mr. Coughlin requested documentation from Mr. Joshi related to three of
the car loans involving these parties and the respective title holders for each of these vehicles.
Exhibit B. Additionally, Mr. Coughlin sent Mr. Joshi written correspondence requesting that
Mr. Joshi provide some indication of what he meant on his Financial Declaration when he listed
jewelry in a Wells Fargo safe deposit box and India Locker safe deposit box. Exhibit B. This
0088

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

written request asked that Mr. Joshi provide information related to the whereabouts of this
jewelry, what a description of this jewelry would entail, and what happened to this jewelry.
The Court also notes, in explaining its decision to personally charge this legal aid
attorney with the legal fees of the accused perpetuator of domestic violence, that Mr. Coughlin
failed to present one documentary piece of evidence at trial on behalf of Ms. Joshi's claims.
This is not so, Mr. Coughlin presented Mr. Joshis own Financial Declaration, as well as that of
Ms. Joshi, both of which clearly supported the claim for alimony in establishing at the least a
$12,000 yearly disparity in the parties respective incomes. Nonetheless, there does not seem to
exist any legal precedent supporting the implication that failing to produce some specific form or
type of evidence (here documentary evidence is mentioned) plays some role in a proper
application of NRS 7.085. Were this the case, attorneys could arguably be told they violated
NRS 7.085 for failing to conduct even one deposition, or send out one request for admission, etc.
Such an arbitrary interpretation of NRS 7.085 simply should not stand when considering the
potentially devastating policy implications and chilling effect on attorneys ability to zealously
advocate for their clients. Were this application upheld it would perhaps encourage attorneys to
further over utilize the sometimes ineffective and inefficient practice documentary discovery has
become in so many instances. This is not meant to suggest that attorneys should not be gravely
concerned with discovering all items necessary to protect their clients interests to the fullest, but
rather, to merely consider what is the judicious use of discovery techniques.
Indeed, discovery is hopefully conducted to further some legitimate objective, rather than
to satisfy some perceived need to send out what may be unnecessary and overly burdensome
discovery requests in an attempt to avoid sanctions that may later arise. This situation arises, by
analogy, in modern medicine, where, in some cases, the practice of the day is to order every
0089

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

diagnostic test known to science, no matter how costly and ineffective is and without regard to
whether any intelligence was actually utilized in making the decision to order such a test,
whether or not some analysis and deduction could obviate the need to make such arrangements.
Further some people can afford more discovery than others, and many legal services attorneys
would likely attest to the need to make do with less when representing domestic violence
victims.
With respect to whether the position taken by Mr. Coughlin and Ms. Joshi was supported
by the facts, Mr. Joshis own admission at trial and the partys financial declarations prove the
income disparity necessary to support any alimony award. The undisputed length of the
marriage, 21 years (included in the Courts Findings of Fact), certainly argues in favor of an
alimony award and is, pursuant to NRS 125.150(8) (and the six Sprenger factors,), among the
eleven (11) factors the court shall consider in awarding alimony. The fact that Ms. Joshi worked
fewer hours than Mr. Joshi, largely to enable her to be the childrens primary caregiver,
particularly in the childrens younger years, similarly argues for an alimony award and is
included among these factors.
Ms. Joshis counsel feels strongly that existing law did indeed warrant the position taken
at trial. The court also took some issue with Ms. Joshis counsels repeated objections to
opposing counsel entering exhibits into evidence without providing a copy to opposing counsel
at the time they were being introduced (indicating that the documents were produced at some
earlier stage of the litigation). However, the courts own Pre- Trial Order indicated that should
more than ten exhibits be used at trial, the introducing party is to provide opposing counsel with
copies that are bound, tabbed, and indexed. It is possible more than ten exhibits were
introduced into evidence. Mr. Coughlin has not been afforded sufficient opportunity to review
0090

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

the tape of the trial to determine exactly how many exhibits were offered. Nonetheless the Court
can amend the Pre-Trial Order at any time and in any way necessary.
The Courts Order finds that the parties presently earn approximately the same amount,
Ms. Joshi earns $2,458 per month and Mr. Joshi earned approximately $3,125 per month
in 2008, but testified he is working substantially less in 2009 and has filed for unemployment
benefits the beginning of March 2009. The Court may have failed to include both jobs Mr.
Joshi worked in 2008 in assessing the income disparity of the parties. This may have been done
on purpose given Mr. Joshis testimony regarding the reduction in hours offered by his employer,
though that is not clear. Mr. Joshi violated the rules set forth in the Courts Pre-Trial Order by
failing to submit and updated Financial Declaration upon his claim of substantially changed
circumstances bearing on any potential alimony liability. Ms. Joshis counsels experience is
that an inordinately high percentage of litigants experience just such a set of circumstances
immediately prior to trial. The Courts Order After Trial states that Mr. Joshi earned
approximately $3,125 per month in 2008, but testified he is working substantially less in 2009
and has filed for unemployment benefits the beginning of March 2009.
However, dividing by 12 the amount Mr. Joshi himself reports in his own Financial
Declaration indicates that Mr. Joshi actually earned $3,458 per month in 2008. At trial, Mr.
Joshi introduced his W-2 from American Bar and Restaurant reflecting earnings of $4,157.
(Trial Exhibit "C"); and his W-2 from Sierra Sport Service in the amount of $37,504.18
(Trial Exhibit "D").If the Court finds Mr. Joshis mincing, erratic, testimonial evidence regarding
the prospects of his future unemployment (and how he kind of applied for unemployment though
he knew he would be working a few shifts in the next couple weeks except for the fact that he
also said he would not have any shifts at all in the next couple weeks) to be persuasive, one must
0091

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

wonder why Ms. Joshis testimonial evidence regarding the reduction in hours she is facing at
her employment was not similarly instructive to the Court. In 2008, Mr. Joshi earned
approximately $41,500.00 while working for two companies -American Bar and Restaurant and
Sierra Sport Service. At trial, Mr. Joshi introduced his W-2 from American Bar and Restaurant
reflecting earnings of $4,157. (Trial Exhibit "C"); and his W-2 from Sierra Sport Service in the
amount of $37,504.18 (Trial Exhibit "D").
The Court may have left out the additional $333 per month that Mr. Joshi has reported
making at Sierra Sport Service by introducing his 2008 W-2. The Court makes no mention of
the fact that Mr. Joshi failed to present any sort of evidence, save his own testimony, to support
his contention that his income will be changing substantially in 2009. It is not clear to Mr.
Coughlin that Mr. Springgate, though an officer of the court, can sufficiently corroborate such an
income reduction to an appropriate degree of certainty by merely discussing it with Mr. Joshi and
then proceeding to attest to it in court (without submitting an updated Financial Declaration). To
suggest this is in no means meant to impugn Mr. Springgates reputation. However, Mr.
Springgates reputation (that of an extremely skilled and versatile litigator who has taken on
some of the most high profile cases around) does not make something Mr. Joshi said true and in
need of no further evidentiary support simply upon Mr. Springgates repeating it to the court.
Bringing of frivolous civil claim or action as ground for discipline of attorney, 85 A.L.R.4th
544 (Originally published in 1991).
The Courts opinion chose not to describe Mr. Joshis failure to file the required updated
Financial Declaration in the terms it chooses to describe similar situations involving Ms. Joshi.
Indeed, the Courts opinion sets forth no less than thirteen instances where Ms. Joshi failed to
present any evidence relating to some specific issue. However, just going on the testimony
0092

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

referenced in the Courts opinion, one has to wonder why the Court failed to similarly point out
that Mr. Joshi failed to introduce any evidence (or documentary evidence or non-testimonial
evidence per the Courts varying descriptions of what is and is not evidence) to support his
claims that he had contacted his family to try to ascertain what they had done with the
approximately $7,000 golden jewelry bridal dowry, that all the consumer debt he alleges was
indeed incurred for the benefit of the community (realizing the presumption found in Nevada
law), that his surgery was necessary or that he was even sure it was surgery (he testified he had
no idea what kind of procedure was performed or why somebody, apparently a surgeon, took a
sharp object and cut open his body and presented him with a large billcertainly there was no
documentary evidence presented to prove that this was not an elective procedure or that it was
necessary and not a result of Mr. Joshis negligence in the same way that his failure to opt in to
the health insurance offered by his employer was, though Mr. Coughlin recognizes he was remiss
in not doing the appropriate discovery in this regard, to the extent that it was not barred by the
physician-patient privilege), that he had actually written some letter to Meena Fowler indicating
that he was pledging to pay back some $6,000 Ms. Fowler was sending to Mr. Joshis mother,
that he had taken out a loan of $5,000 from Mr. Anaby to purchase plane tickets for the familys
2001 immigration (the Courts Order did note the paucity of evidence in this regard), that he
actually does pay or has been paying $600 per month towards the community credit card debts
(though he apparently has been making these payments with community funds, in much the same
way that he has paid Mr. Springgate, though Mr. Joshi did appear to indicate that he used his
personal property, his IRS tax return, to pay Mr. Springgate, though the community is apparently
liable for such a necessary), that he actually has paid Mr. Springgate the various amounts he
inconsistently testified too, or that he has only two weeks of work scheduled for late March,
0093

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2009; and he filed for unemployment benefits in March, 2009, or that the large balance transfers
he made in this year of divorce were actually for the purpose of obtaining a better interest rate
rather than making sure as much of the debt as possible was placed in an account where Ms.
Joshi was a co-signer, rather than in an account that Mr. Joshi was the sole signatory to.
The Court simply did not choose to comment on Mr. Joshis failure to present any
documentary evidence regarding these pertinent claims. Alternatively, the Court seemingly did
not miss any opportunity to point out an instance (on at least thirteen occasions) where Ms. Joshi
did not present the type of evidence the Court apparently wished to see (documentary evidence,
apparently, was sought, as opposed to the proffered testimonial evidence or statements against
interest under oath by the opposing party regarding the fishy payment arrangements related to the
daughters motor vehicle, the mode of payment used to purchase it, and the existence of a $6,000
cash advance taken from Ms. Joshis personal credit to fund the cash purchase). Mr. Joshi
testified that his wife had taken out a $6,000 cash advance from her personal credit card and
given the cash to Mr. Joshi who converted that cash to a money order to purchase the car the
daughter uses, but which is titled in the daughters and Mr. Joshis name.
Why Ms. Joshi would need to present documentary evidence regarding these matters
when Mr. Joshi readily admitted the case in question is unclear, particularly where Mr. Joshi has
been involved for some curious reason in transferring the monthly car payments made by the
daughter to Ms. Joshi for the car that Ms. Joshi took out a $6,000 cash advance from her credit
card account, to which she was the sole signatory, the same car that has Mr. Joshis name on the
title and does not have Ms. Joshis name on the title.
Miscellaneous Other Issues
0094

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Given the decision in Lofgren v.Lofgren, (if community property is lost, expended or
destroyed through the intentional misconduct of one spouse, the court may consider such
misconduct as a compelling reason for making an unequal disposition of community property
and may appropriately augment the other spouses share of the remaining community property.
112 Nev. ___, 926 P.2d 296 (Adv. Opn. No. 156, Nov. 7, 1996).
Arguably, Mr. Joshi and Ms. Joshis combined testimony (together with Mr. Joshis early
Financial Declaration where he lists two separate safety deposit boxes containing gold jewelry)
support the view that the disappearance of the womans wealth ceremonial wedding jewelry at
issue here should be held against Mr. Joshi, and accordingly an unequal disposition of
community property (or community debt) may be appropriate to the extent of the approximate
value of these items. Ms. Joshi testified their value was in the $6,000 range. The womans
wealth is arguably Ms. Joshis separate property to begin with, as per Indian custom (though at
times in court Mr. Joshis grasp of the culture from which he apparently came was astoundingly
faint), however, the holding in Lofgren could arguably be extrapolated to apply in such a
situation.
Mr. Joshis own Trial Statement (line 12, page 2) comments on the case at bar, stating
that while it may seem to be an alimony case Mr. Joshis earnings are subject to the travel and
convention business fluctuations, while hers are not. Further, Mr. Springgates Trial Statement
was filed at 5 p.m. the day before Trial. Mr. Joshis Trial Statement was filed more than 5
calendar days before Trial, in accordance with Rule 5 of the Second Judicial District Court
Rules. Mr. Joshis Trial Statement notes that Mr. Joshi he is prepared to take an unfair amount
of the community debt, which he has been servicing, which equalizes their incomes. (emphasis
added). Whether it is appropriate to include the terms of a settlement negotiation in a Trial
0095

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Statement is debatable. However, Mr. Springgate clearly wrote that the case may seem like an
alimony case and then clearly moved for opposing counsel to have personal liability for fees
under NRS 7.085 for the first time in his closing statement at Trial, seemingly asserting that
opposing counsel could not reasonably see this as an alimony case. Ironically, it would seem
Mr. Springgates moving for fees under NRS 7.085 was not reasonably grounded in fact or law.
WDCR 5(1)(c)-(d) requires that Trial statements shall be served and filed 5 calendar
days before trial, and that each party shall serve and file a trial statement which shall set forth
the following matters in the following order:
(c) A statement of issues of law supported by a memorandum of
authorities.
(d) In non-jury cases, a list of summaries of schedules referring to
attached, itemized exhibits concerning any subject matter which involves
accounting, computation, chronology, or similar data reasonably calling for
orderly itemization, e.g., wages, income, expenses, inventories, business
operations, tax computations, disability periods, property losses, itemizations
of claimed losses or injuries, and the data and reasons upon which an expert
bases his opinion (not the opinion itself), which clearly reflect the claims,
defenses, or evidence of the party, together with references to the records or
other sources upon which such summaries or schedules are based.

Mr. Springgates Trial Statement, at page 2, line 14, lists none under the heading of
Statement of Issues of Law. His Trial Statement fails to cite a single source of authority in
support of this, or any authority in support of the matters for which are apparently so well
established by precedent that there are literally no real issues worth disputing. Mr. Springgates
Trial Statement does not contain any a list of summaries of schedules referring to attached,
itemized exhibits concerning any subject matter which involves accounting, computation,
chronology, or similar data reasonably calling for orderly itemization, e.g., wages, income,
expenses, inventories, business operations, tax computations, disability periods, property losses,
itemizations of claimed losses or injuries, and the data and reasons upon which an expert bases
0096

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

his opinion (not the opinion itself), which clearly reflect the claims, defenses, or evidence of the
party, together with references to the records or other sources upon which such summaries
or schedules are based. (emphasis added). There simply is nothing attached to his Trial
Statement. There were no exhibits attached to the Trial Statement submitted at 5 p.m. the day
before Trial by Mr. Joshi. WDCR 5(d) calls for attaching exhibits to the Trial Statement. Mr.
Springgate failed to do this. Ms. Joshis counsel objected on that basis. The Court seemingly
took Mr. Springgates word that he had provided the documents forming the basis of the exhibits
he introduced at some earlier point in the litigation, likely as part of his 16.2 production, though
even if that were the case, the documents provided at that time clearly were not marked as
exhibits or organized by an index. Mr. Coughlin does believe Mr. Springgate provided these
documents in the 16.2 production and that they were bates stamped in the manner Mr. Springgate
indicated. Mr. Coughlin recognizes that, in the future, he should be prepared to utilize such
production at trial should it be offered as an exhibit without having an additional copy,
specifically marked as an exhibit provided at the time it is sought to be introduced into evidence.
In some cases, argument may be appropriate that suggests that to simply announce that one
previously included the needle they are now wishing to introduce into evidence at Trial in the
haystack that they had produced to the opposing party several months earlier is simply
insufficient. This may be a stronger argument where a partys Trial Statement is deficient in
some ways, such as note referencing with any specificity the documents a party intends to offer
as exhibits. Lastly, the Courts own Pre-Trial Order was not followed by Mr. Joshis counsel.
The Courts Order and reasoning for imposing sanctions focused in large part on Ms.
Joshis counsels objections to Mr. Joshis counsel introducing exhibits into evidence without
providing opposing counsel a copy at the time in which Mr. Joshi was seeking to introduce these
0097

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

exhibits. The Courts own Order Re Pre-Trial Procedure Orders that if a party intends to offer
more than ten trial exhibits, the proposed exhibits must be bound, tabbed and indexedeach
party shall submit two copies of the proposed exhibits to the Court and one copy to the opposing
counselfor trials which are scheduled for less than one full day, exhibits shall be marked
immediately prior to the convening for trial, and counsel shall arrive at least 15 minutes before
the scheduled time of trialeach party must file with the Court a trial statementfive days
before trialfailure to timely deliver these documents may result in sanctions against the
offending party as set forth in NRCP 37if the financial circumstances of a party have changed
substantially since the filing of the most recent financial declaration, that party is to file an
updated financial declaration at the same time as filing the trial statement.
Mr. Joshis case relied in large part upon the idea that his income had been greatly
reduced and would continue to be so hindered. There was testimony on his part that he might
have filed for unemployment, that he probably was not schedule to work anymore at one or both
of his jobs in the foreseeable future, only to be contradicted minutes later by his testimony that
he had a shift or two scheduled at his main job, the one where he earned $37,500 in 2008. How
he could still qualify to file for unemployment without yet losing his job completely is another
question. Nevadas unemployment system allows one to file if his hours have been reduced
such that he is no longer earning more than his weekly benefit amount. Mr. Joshis weekly
benefit amount, based on his Financial Declaration could be no more than the $350 maximum
cap set by law. Mr. Joshi grossed approximately $700 per week in 2008. Mr. Joshi did not file
an update Financial Declaration, as required by the Pre-Trial Order (financial circumstances of
a party have changed substantially since the filing of the most recent financial declaration, that
party is to file an updated financial declaration at the same time as filing the trial statement)
0098

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Mr. Joshis arguments against alimony were largely based on the idea that his income had
declined significantly, yet Ms. Joshi did not have the benefit of enforcing the requirement that
Mr. Joshi file, under penalty of perjury, an updated Financial Declaration attesting to as much.
The court should not criticize Ms. Joshi for a lack of discovery in this regard while viewing Mr.
Joshis testimonial assertions (however erratic and inconsistent they may have been) at trial as
presenting sufficient evidence (though lacking in the documentary evidence required by the
Pre-Trial Order and perhaps NRS), while at the same time sanctioning Ms. Joshis counsel for
essentially not trying the case in the way the Court (which does not have the benefit of knowing
everything that goes on behind the scenes) would suggest it be tried. The Court essentially
overlooked multiple instances of divergence from the NRCP and the Pre-Trial Order by Mr.
Springgate while sanctioning what could perhaps be deemed optional litigation decisions that are
customarily left up to the parties own volition as to whether or not to proceed upon some specific
course (such as choosing to conduct a deposition). Mr. Coughlin recognizes that the direction
given by Judge Gardner during this Trial as to the type of evidence that should be offered or the
manner of presentation at trial were absolutely dictates that he should adopt immediately if he
hopes to function at all effectively as an attorney.
It appears that Mr. Joshi may have offered more than ten exhibits at Trial (especially if
the documents representing the various money transfers in regard to the Meena Fowler debt were
considered separate exhibits), though the proposed exhibits were not bound, tabbed and indexed.
They were never even proposed until the exact point in time at which Mr. Joshi sought to
introduce them. Surely they were not all being offered for impeachment purposes. For this
Trial, which was scheduled for less than one full day, the exhibits were not marked immediately
prior to the convening for trial, and Ms. Joshis counsel did indeed arrive at least 15 minutes
0099

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

before the scheduled time of trial. Mr. Joshis counsel did not submit two copies of the proposed
exhibits to the Court and one copy to the opposing counsel. See Cardenas v. Peterson Bean Co.,
180 Neb. 605, 611-612, 144N.W.2d 154, 159 (1966); Priest v. McConnell, 219 Neb 328, 330
(1985); In Re OBryan, 246 B.R. 271, 276-279 (1999).
To qualify as an exhibit a document should be marked as an exhibit or in some way
contain some indication that it is an exhibit. Though arguably the relatively slight amount of
documents produced in the instant case makes such an argument irrelevant, one should not be
able to pick several needles out of a haystack they produced in their 16.2 productions and claim
that they are exhibits previously provided to the opposing party. This places an inappropriately
high burden on the opposing party to index and organize the documents produced by Mr. Joshi.
Many litigators suggest that if one is following the other side they are not leading the litigation.
Rule 46. TrialStatements and documentary evidence.
1. Stipulating to documents. Before trial, the parties shall stipulate
which documents are admissible. Such stipulation will avoid the need for
foundational witnesses.
2. Exchanging documents. Copies of documents shall be exchanged
by counsel and marked for identification by the court clerk no later than 1
business day prior to the commencement of trial.
3. A trial statement shall be filed in accordance with Rule 5. (Local
Rules of Practice for the Second Judicial District Court).

Rule 12. Form of papers presented for filing; exhibits; documents; legal
citations.
4. All exhibits attached to pleadings or papers shall clearly show the
exhibit number at the bottom or on the right side thereof. Copies of
exhibits must be clearly legible and not unnecessarily voluminous, and
must be reduced to 8 1/2 inches by 11 inches, or conveniently folded to
that size. Original documents shall be retained by counsel for introduction
as exhibits at the time of a hearing or at the time of trial rather than
attached to pleadings. Rules of the District Courts of the State of
Nevada.

0100

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Mr. Joshis counsel clearly did not comply with Rule 46 or Rule 12. Ms.
Joshis counsel should not be sanctioned for objecting to the introduction of Mr.
Joshis exhibits. The exhibits entered clearly were not marked for identification
by the Court one day prior to trial. Mr. Springgate had not provided any
documents prior to Trial that contained any attempt to mark them as exhibits such
that compliance with the rules could be inferred. They were only marked at the
time Mr. Joshi sought to introduce them. There is ample persuasive authority for
the position taken by Ms. Joshis counsel with regard to the introduction of Mr.
Joshis exhibits.
LR 9017. Use of Alternate Direct Testimony and Exhibits at Trials
(d) Submission of Declarations, Exhibits , and Objections. Unless
the court orders otherwise, copies of all declarations of witnesses
and exhibits that are intended to be presented at trial or at the
hearing on a contested matter must be furnished to opposing
counsel and lodged with the court as follows:
(1) The plaintiff or movant must submit to opposing counsel all
declarations and exhibits in its case in chief not less than ten (10)
business days before the trial or the hearing on the contested
matter;
(2) The defendant or respondent must submit all declarations and
exhibits in its case five (5) business days before the trial or the
hearing on the contested matter;
(3) Two (2) business days before trial or the hearing on a contested
matter each party must lodge with the courtroom deputy clerk of
the judge to whom the matter is assigned, one (1) copy of all
declarations and exhibits that the party intends to present at trial,
and an original and one (1) copy of that party's written objections
to the admission of any of the declarations or exhibits of an
opposing party. Copies of exhibits lodged with the clerk must
be premarked by counsel, and must be accompanied by a cover
sheet index containing a brief description of each exhibit ; and
U.S.Dist.Ct.Rules D.Nev., LR 9017.

3. Selecting exhibits
After all possible exhibits are identified, counsel should select those that
he himself will bring to the trial, and those that he will subpoena another
0101

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

to bring. He should have available everything that he might have to
produce at the request of his opponent, and, if he doesn't have original
documents or articles, he should be prepared with copies, and/or testimony
concerning the originals.

4. Preparing exhibit lists

Counsel should prepare a list of his witnesses with an outline of the points
to be established by each one. The outline should indicate which exhibits
the witness can identify, the number tentatively assigned to the exhibit,
and a description of it 5 Am. Jur. Trials 553.

WDCR 10: Form of Pleadings:
6. All exhibits attached to pleadings or papers must be 8 1/2 x 11 inches
in size; must be separated with bottom-tabbed divider pages; must be
labeled numerically, i.e., Exhibit 1, 2, 3, etc., rather than alphabetically,
and it will be mandatory effective January 1, 2008, that all exhibits be
identified numerically. Exhibits that are smaller must be affixed to a blank
sheet of paper 8 1/2 x 11 inches in size, with invisible adhesive tape on all
sides. Staples must not be used to affix an exhibit to a sheet of paper.
Exhibits that are larger than 8 1/2 x 11 inches must be reduced to 8 1/2 x
11 inches. Exhibits such as maps must be folded so as to appear 8 1/2 x 11
inches in size. All exhibits attached to pleadings or papers must be
separated by a bottom- tabbed divider page and clearly marked with the
exhibit number at the top and bottom of the page. All exhibits attached to
pleadings or papers must be preceded by an Index of Exhibits indicating
the exhibit number, exhibit description, and the length of each exhibit
(number of pages). Copies of exhibits must be clearly legible and not
unnecessarily voluminous. Original documents must be retained by
counsel for introduction as exhibits at the time of a hearing or at the time
of trial rather than attached to pleadings.

Ms. Joshis counsels comments were not rude or sarcastic, especially considering the
totality of the circumstances here, as more fully discussed above. Nonetheless, the Court failed
to include much at all in the way of specific examples of the rude, sarcastic, or derogatory
language or behavior that formed the basis for these sanctions. Specificity is required as set forth
in the cases cited supra. Specifics are very important in using judgments as precedent. Further,
it might be somewhat unfair to criticize Ms. Joshis counsel for a lack of knowledge with regard
0102

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

to the rules of evidence and trial procedure where Mr. Springgates presentation was counter to
the rules and Pre-Trial Order in so many ways. However, Ms. Joshis counsel certainly will
utilize the Courts Order as an important and informative guide to the areas of counsels trial
presentation and practice that need immediate improvement.
The sanctions issued in this case were improper in that they apparently relied upon the
delay in the return of Mr. Joshis Tanzanian passport early in this litigation. The Courts Order
notes that Ms. Joshis counsel filed an Opposition to the request for return of Mr. Joshi's
passport without any factual or legal basis that on August 1, 2008, Mr. Joshi filed a 'Motion
For Return Of Personal Property' requesting that Ms. Joshi return his passport, green card and
social security card. On August 7, 2008, Ms. Joshi, by and through her attorney of record,
Mr. Coughlin, filed an Opposition to the return of Mr. Joshi's passport citing case law involving
minor children and their support. Ms. Joshi filed said opposition while acknowledging the
parties' children were both over eighteen years of age at the time. On August 18, 2008, Judge
Schumacher ordered Ms. Joshi to immediately return Mr. Joshi's passport within five days.
Regardless, Judge Schumacher already ruled on Mr. Springgates request for attorneys
fees related to this issue. No Attorneys fees were granted by Judge Schumacher. Mr. Joshi did
not file a Motion for Reconsideration at that time. The issue is barred under the law of the case
doctrine. The law of the case doctrine is a species of collateral estoppel and it applies to intra-
action issues. Tien Fu Hsu v. County of Clark, 2007 WL 4532623 (Nev. 12/27/2007). Thus,
once an issue has been decided on the merits, the law of the case doctrine makes that issue
binding not only on the parties, but on the court as well: no other judge of coordinate
jurisdiction may undo the decision (Siegel, NY Prac 448, at 723 [3d ed.]).
0103

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Mr. Springgate filed a Motion seeking the return of this passport which on a somewhat
questionable interpretation of 18 USC 1028 and 18 USC 1544, claiming Ms. Joshis failure to
immediately return it to him amounted to extortion. Ms. Joshis counsel merely asked Mr.
Springgate to provide some law that was relevant to the issue at hand or allow a reasonable
amount of time for Mr. Coughlin to determine the prudence of turning over the Tanzanian
passport. Mr. Coughlin did not suggest Mr. Joshi was committing a RICO violation by
withholding or doing nothing to aid in the return of Ms. Joshis womans wealth. Granted, a
passport may deserve a greater degree of protection, but this is the type of judgment call that can
take some time for attorneys to consistently and immediately make in an appropriate fashion.
Mr. Springgates Motion and Reply on this issue failed to cite any particular section of these
statutes or include much in the way of their statutory language. Ms. Joshis counsel has looked
up these statues and included the only parts that could seem even tangentially relevant below:
18 U.S.C. 1544Misuse of a Passport: Section 1544 of Title
18 proscribes the use or attempted use of someone else's passport,
or its use in violation of any applicable regulation or law. It also
proscribes giving one's passport to another for the other's use
18 USC 1028: Fraud and related activity in connection with
identification documents, authentication features, and information
(4) knowingly possesses an identification document (other than
one issued lawfully for the use of the possessor), authentication
feature, or a false identification document, with the intent such
document or feature be used to defraud the United States;
(7) knowingly transfers, possesses, or uses, without lawful
authority, a means of identification of another person with the
intent to commit, or to aid or abet, or in connection with, any
unlawful activity that constitutes a violation of Federal law, or that
constitutes a felony under any applicable State or local law; or

To assert that Ms. Joshi was committing some form of extortion such to bring this
situation within the purview of either of these sections of the U.S.C. is not entirely fair.
0104

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

The Courts Order appears to have taken issue with the request made for ongoing child
support where the two children of the marriage were 19 and 20 years old and in college, noting
that 1. Ongoing Support for the Adult Children's Education- Pursuant to NRS 125.510(9)(b),
except where a contract providing otherwise has been executed pursuant to NRS 123.080, the
obligation for care, education, maintenance and support of any minor child created by any order
entered pursuant to this section ceases: (a) Upon the death of the person to whom the order was
directed; or (b) When the child reaches 18 years of age if he is no longer enrolled in high school,
otherwise, when he reaches 19 years of age. There has been no evidence presented by Ms. Joshi
justifying a request for continuing support of the parties' adult children. As there has been no
legal basis presented to make such a finding, the Court denies Ms. Joshi's request that Mr. Joshi
financially provide for the adult children's education.
Nevertheless, in appropriate cases, a support obligation may be imposed on the basis of
estoppel or implied contract. In re Marriage of Johnson, 88 Cal.App.3d 848, 152 Cal.Rptr. 121
(1979); In re Marriage of Valle, 53 Cal.App.3d 837, 126 Cal.Rptr. 38 (1975). See, also,
Clevenger v. Clevenger, supra; V.L.P. v. J.S.S., Del., 407 A.2d 244 (1978); Fuller v. Fuller,
D.C., 247 A.2d 767 (1968); Mace v. Webb, 614 P.2d 647, 649 (Utah 1980); Gingery (not
reported) 1992 WL 150269; Watkins, 117 P.3d 1114; Kass, 235 A.D. 2d 150 (1997); Callahan v.
Dye, L 1667668, 8-10 (Alaska 2006); Ramsey, 23 N.E. 69, 71 (Ind. 1889). Additionally, the
demonstrable needs of the child, not the child's age, are determinative of the duty of support.
Therefore, while parents are not generally required to support a child over eighteen, his or her
enrollment in a full- time educational program has been held to require continued support.
Newburgh, supra, 88 N.J. at 543; Khalaf v. Khalaf, 58 N.J. 63, 71-72 (1971); Limpert, supra, 119
0105

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

N.J. Super. at 442-43; Schumm, supra, 122 N.J. Super. 149-50. See, also, Ross v. Ross, 167
N.J. Super. 441, 444-46 (Ch. Div. 1979) (law school).
Testimonial evidence was presented by Ms. Joshi that these spouses had planned to help
their children financially during college. An implied contract to contribute to the adult childrens
educational expenses is supported by the evidence presented. Ms. Joshis testimony showed that
this family adhered to the strong cultural tradition in many families with ties to India in that the
education and furtherance of their childrens careers was of paramount importance to these
parties and that Ms. Joshi had lived and planned her life I accordance with that belief. Ms. Joshi
anticipated and believed, quite reasonably, that Mr. Joshi would contribute something to his
childrens college expenses.
There exists more attenuated support for this proposition. In Miller v. Miller, 16 Ill. 298,
where one remains with a parent, or with a person standing in the relation of a parent, after
arriving at majority, and remains in the same apparent relation as when a minor, the presumption
is that the parties do not contemplate the payment of wages for services.
Additionally, this presumption may be overthrown, and the reverse established, by proof
of an express or implied contract, and the implied contract may be proven by facts and
circumstances which show that both parties, at the time services were performed, contemplated
or intended pecuniary recompense other than such as naturally arises out of the relation of parent
and childin the absence of express proof a contract may be implied from circumstances.
Schwarz v. Schwarz, 26 Ill. 81.
Incidentally, one of the objections the Court ruled against Ms. Joshis counsel on
concerned a recently proposed bill before our States Legislature:
0106

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Assembly Bill 125 AN ACT relating to domestic relations;
requiring the court, in certain actions for divorce, to consider any history
of domestic violence between the spouses when determining whether to
award temporary maintenance or alimony; creating a rebuttable
presumption in certain actions for divorce that an award of temporary
maintenance or alimony should not be made to a spouse who engaged in
certain acts of domestic violence against the other spouse; and providing
other matters properly relating thereto.
Legislative Counsels Digest: Existing law provides that a court
in any action for divorce may: (1) require one spouse to pay money for the
temporary maintenance of the other spouse; and (2) award alimony to
either spouse in a manner that appears just and equitable. (NRS 125.040,
125.150) This bill requires a court that is considering whether to award
temporary maintenance or alimony in certain actions for divorce to
consider evidence of any history of domestic violence between the
spouses. This bill also creates a rebuttable presumption in certain actions
for divorce that temporary maintenance or alimony should not be awarded
to a spouse who has engaged in acts of domestic violence not more than 5
years before the filing of the action for divorce or at any time after the
action is filed.) (http://www.leg.state.nv.us/74th/Bills/AB/AB125.pdf)
(Referred to Committee on Judiciary)

The Court was not precluded from considering the abuse allegations in the instant case.
It was arguably appropriate to let the abuse allegations into evidence for purposes of the alimony
determination. Mr. Springgate gave a detailed explanation of the validity of basing property
distributions and, perhaps, alimony on such fault issues. This led to the Court ruling such abuse
allegations were inadmissible. However many courts allow such evidence. Bernard, L206411,
2-7 (Ohio 2002); Havell, 186 Misc. 2d 726; The Place of Fault in Modern Divorce Law, 28
Ariz. St. L.J. 773 (Fall 1996); Divine, 752 S.W. 2d 79 (1988). The Court at times seemed to be
object to Ms. Joshis counsel desire to respond to the various objections, or make his own
objections, seemingly out of annoyance with Ms. Joshis counsels trial presentation. Ms.
Joshis counsel has great respect for Judge Gardner and deeply regrets any trial presentation
found objectionable and is resolved to improving as an advocate with renewed vigor. Hopefully
this Motions attempt at thoroughly presenting some of the issues that arose at trial will
0107

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

demonstrate such a desire. Objections must be entered into the record to preserve issues for
appeal (particularly such potentially precedent making questions of law).
The Courts seeming annoyance is understandable. The expectations on Family Court
Judges in Nevada are enormous, the case loads crushing, and the need to enforce standards of
practice that aid in judicial economy is high. This is combined with the extreme emotional
intensity of the subject matter and the litigants very personal connections to the issues at hand.
Further, it is likely very frustrating to have attorneys who are a mere work in progress practicing
in ones courtroom, particularly where such an attorney may feel the opposing side is seeking an
advantage through intimidation, causing such an attorney to react in an overly antagonistic
manner, to the detriment of ones trial presentation.
Many of Nevadas Family Courts do allow evidence of abuse to be presented in arguing
for an award of alimony. Nevada is a no- fault state; consequently, marital fault is not an issue in
the division of property or the awards that the court makes. The Nevada Supreme Court has set
forth a series of factors in the Sprenger case [Sprenger v. Sprenger, 110 Nev. 855, 878 P.2d 284
(1994)] called the Sprenger Factors. There are six different factors that the court set forth in
determining how to award alimony. They have also addressed the fault issue in the Rodriguez
case [Rodriguez v. Rodriquez, 116 Nev. 993, 13 P.3d 415(2000), and Hein, and these two cases
may be contradictory]. There is no current factor that says the issue of domestic battery must be
considered, but many of the courts already do consider it. (see Minutes for AB 125: Assembly
Committee on Judiciary February 26, 2007, pages 4-5).
Conclusion
For the reasons cited in the various arguments contained in this Motion for
Reconsideration, the sanction assessing Ms. Joshis counsel to personally pay Mr. Joshis
0108

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

attorneys fees for 4.15 hours of Trial should not be upheld. Ms. Joshis counsel had found no
authority supporting a request under NRS 7.085 on account of a failure to accept a settlement
that proposes using consumer credit card debt as a set off for an alimony award. To ask for fees
under these circumstances may be a NRS 7.085 violation itself. Ms. Joshi should be awarded an
alimony payment of $500 per month for a period of twenty years, taking her to social security
age. Mr. Joshi should be ordered to contribute $6,000 to each of his two childrens college
expenses. The childrens contributions to the car payments should not be considered in dividing
each party half of the respective debt related to these vehicles, which the parties admitted at trial
were incurred during the marriage. The partys testimony and Mr. Joshis admissions establish
the amount owing on these vehicles. Mr. Joshi should be ordered to refinance the vehicle
awarded to him in this Courts Order. Any debt amounts that Mr. Joshi balance transferred from
an account to which he was the sole signatory to an account both spouses were signatories to
should be subtracted from the community debt apportioned to Ms. Joshi. As a side note, Mr.
Coughlin has been prevented from accessing Ms. Joshis files, contact information, and other
items necessary to prepare this Motion. Perhaps this Motion is not an appropriate place to go
into why that has occurred, but Mr. Coughlin wishes to implore this Court to preserve for Ms.
Joshi, the opportunity to seek Reconsideration, and possibly an Appeal, and to allow an
extension of time for another attorney at Washoe Legal Services to appear as counsel (though
Mr. Coughlin remains counsel of record as of this date). Alternatively, this Motion would seem
to provide support for the various issues that Ms. Joshi may seek Reconsideration of. Mr.
Coughlin also asks that he be allowed more time to more fully develop this Motion for
Reconsideration and to access the necessary materials from Washoe Legal Services to do so,
including the relevant file, work product, video of the trial, and record of correspondences
0109

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

between opposing counsel and Mr. Coughlin. Mr. Coughlin has been prevented from doing so
despite making all reasonable efforts to do so. More information related to this set of
circumstances can be provided, however, it seems prudent at this juncture not to set forth details
in this Motion at this time.

Respectfully submitted to the Court this 27
th
day of April, 2009
/sig/ Zach Coughlin, Esq.
Zach Coughlin, Esq.
On his own behalf
0110

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

CERTIFICATE OF SERVICE AND MAILING
Pursuant to NRCP 5(b), I certify that I am an agent of Zach Coughlin, Esq. and that on
the 27
th
day of April, 2009, I electronically filed at Reno, Nevada, a true copy of the within
Request For Reconsideration and Motion for Extension of Time, fully addressed to:
JOHN P. SPRINGGATE, ESQ
203 S. Arlington Ave.
Reno, NV 89501


The undersigned does hereby affirm that the preceding document does not contain the social
security number of any person.

Dated this 27
th
Day of April, 2009

Melissa Ulloa /sig/
Melissa Ulloa
Agent of Zach Coughlin, Esq.

0111

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

LIST OF EXHIBITS
1. Exhibit 1- email from Zach Coughlin, Esq. to John Springgate, Esq. sent October 22
nd
,
2008. Two pages long.
2. Exhibit 2- email from Zach Coughlin, Esq. to John Springgate, Esq., sent November 10
th
,
2008. Two pages long.

0112
-.
("lill'!:-SLL
- 61 (liD-roE
-am 0':10
__ I roOl(l')O
-<:to..M 0::
=lD .. co
-ooN<:t IJ)
-r- G

=lSlU'lOl
-000

-m--
- Il-G

==
- "'"
=
== g; ...
= 1->-
_ ..... :;1""'
_ ::I:CC
=wU'Jo::l
-",0 0
-..,-" .... (.)
0
=Gz .... w
_ I ..... t-O
-003""'..c

=:>U'l ..... n;lO
00:030
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Code: 3980
Caryn R. Sternlicht, Esq.
Nevada Bar No. 4391
Reno, NV 89501
Telephone: (775) 329-2727
Facsimile: (775) 324-5509
Attorneys for Defendant

F I LED
APR 3 0 2009
ASHWIN JOSHI,
Plaintiff,
vs. Case No.: DV08-01168
Defendant.
STIPULATION AND ORDER TO ENLARGE TIME PERIOD FOR MOTION FOR
RECONSIDERATION
COMES NOW the Plaintiff, ASHWIN JOSHI, by and through his undersigned
counsel, and Defendant, BHARTI JOSHI, by and through her undersigned counsel, and hereby
agree and stipulate, pursuant to WDCR 12(8), to enlarge the period of time for Defendant to
file a motion for reconsideration of this Honorable Court's "Order After Trial" as filed herein
on April 13, 2009. Plaintiff mailed a "Notice of Entry of Order After Trial" to Defendant on
April 13,2009; thus Defendant would have as and through April 30, 2009, so as to file said
II/
II/
II/
0113

I Motion. The parties agree to allow Defendant an additional fifteen (15) judicial days from
2 April 30, 2009, so as to file any motions for reconsideration of this Court's prior Order.
6 DATED this 28
th
day of April, 2009
7
SVELEGAL SERVICES
11
Caryn
Attorn
12 ORDER
temlicht, Esq.
r Defendant
13 Pursuant to the Stipulation of the parties and good cause appearing,
14 IT IS HEREBY ORDERED that Defendant, by and through counsel, shall have as
15 and through May 21, 2009, to file a Motion for Reconsideration of this Court's "Order After
16 Trial" as filed herein on April 13,2009.
17 DATED this day of April, 2009.
18
19
20
21
22
23
24
25
26
27
28
2
DISTRICT JUDGE
0114

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Code 2490
Zach Coughlin, Esq.
299 S. Arlington Ave
Bar No.: 9473
Reno, NV 89501
775 338 8118

IN THE SECOND JUDICIAL DIVISION OF THE STATE OF NEVADA

Ashwin Joshi,
Plaintiff,
vs.
Bharti Joshi,
Defendant
)
)
)
)
)
)
)
)
)
)

Dept. 14

REQUEST FOR ADJUSTMENT OF FILING DATE OR EXTENSION OF TIME
COMES NOW, Zach Coughlin, Esq., on behalf of himself with respect to the personally
liability for attorneys fees pursuant to NRS 7.085. Mr. Coughlin attempted to timely file a
Request for Reconsideration on eFile, however, a technical deficiency regarding the signature
line resulted in a rejection of the filing. Annie of the filing office communicated this to Mr.
Coughlin on April 29
th
, 2009, and indicated it required a refilling (775 328 3112 is Annie contact
number).
Dated this 29
th
day of April, 2009
/sig/ Zach Coughlin
Zach Coughlin, Esq.
On his own behalf

F I L E D
Electronically
04-29-2009:04:48:38 PM
Howard W. Conyers
Clerk of the Court
0115

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Pursuant to NRCP 5(b), I certify that I am an agent of Zach Coughlin, Esq. and that on
the 27
th
day of April, 2009, I electronically filed at Reno, Nevada, a true copy of the within
REQUEST FOR ADJUSTMENT OF FILING DATE OR EXTENSION OF TIME, fully
addressed to:
JOHN P. SPRINGGATE, ESQ
Reno, NV 89501


The undersigned does hereby affirm that the preceding document does not contain the social
security number of any person.

Dated this 29
th
Day of April, 2009

Melissa Ulloa /sig/
Melissa Ulloa

0116
F I L E D
Electronically
05-13-2009:01:13:53 PM
Howard W. Conyers
Clerk of the Court
1 CODE: 2650
2 Nevada Bar #1350
3 Reno, NY 89501
Telephone: 775.323.8881
5
6 IN THE FAMILY DIVISION
7 IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
9
10 ASHWIN JOSHI,
11
12 vs.
Plaintiff,
13 BHARTI JOSHI,
14
15
Defendant.
~ /
* * * * *
CASE NO.: DV08-01l68
DEPT. NO.: 14
16 OPPOSITION TO REOUEST FOR RECONSIDERATION
17 COMES NOW the Plaintiff, ASHWlN JOSHI, by and through his counsel of record,
18 JOHN P. SPRINGGATE, ESQ., and opposes the Motion of Zack Coughlin, Esq., representing
19 himself, for reconsideration of the Order After Trial. This opposition is made and based upon the
20 attached Memorandum of Points and Authorities, and all the papers and pleadings on file in this
21 action.
22 DATED this -.L1.... day of May, 2009.
23
24
25
26
27
28
SQ.
0117
I MEMORANDUM OF POINTS AND AUTHORITIES
2 Mr. Coughlin, via e-filing, filed a request for reconsideration and extension of time to
3 respond. A stipulation to extend the time for filing a motion for reconsideration was already
4 granted to Washoe Legal Services, which is the attorney of record for Ms. Joshi. As Marc Ashley,
5 Esq., or Caryn Sternlicht, Esq., of Washoe Legal Services are representing Ms. Joshi, Mr.
6 Coughlin's motion is addressed herein only insofar as it concerns the sanctions assessed
7 individually against him under NRS 7.085.
8 A Court has the inherent authority to reconsider its prior orders. Trail v. Farreto, 91 Nev.
9 401,536 P.2d 1026 (1975). That authority is further provided by local rule, in our case, Washoe
10 District Court Rule 12(8). However, the Nevada Supreme Court has held that points or
II contentions not raised in the first instance cannot be raised on rehearing. Achrvm v. Expressway
12 Plaza Ltd., 112 Nev. 737, 742, 917 P.2d 447 (1996), and that failure to make the arguments in the
13 first instance constitutes a waiver. See, also, ChowdhlY v. NLVH, Inc., 111 Nev. 560, 893 P.2d
14 385 (1995).
15 More importantly, rehearings are appropriately only where "substantially different evidence
16 is subsequently introduced, or the decision is clearly ell'Oneous". Masomy & Tile Contractors
17 Ass 'n. v. Jolley, Urga & Wirth, Ltd., 113 Nev. 737,941 P.2d 486 (1997). And, the trial judge has
18 great discretion on the question of rehearing. Harvey's Wagonwheel, Inc. v. MacSween, 96 Nev.
19 215,; 606 P.2d 1095 (1980).
20 Mr. Coughlin puts forward no new facts, or new law, which would justifY any change in
21 the Court's prior decision.
22 Prior Proceedings:
23 The parties previously appeared before the Honorable Scott Jordan, and attempted to settle
24 the matter at a Settlement Conference in October, 2008. At that time, the parties left with a draft
25 settlement, which would have been along the same lines as that proposed at trial, to-wit: that Mr.
26 Joshi would take essentially all of the community debt, and would not pay alimony. Ms. Joshi
27 rejected that settlement, and at trial, the parties again tried to settle for approximately one and one-
28 III
-2-
0118
I half hours of their allocated trial time. Settlement was unavailing, and the parties proceeded to
2 trial; due to the loss of trial time, the trial was continued to another day for conclusion.
3 The Argument for Reconsideration.
4 Mr. Coughlin's points and authorities in support of his position are essentially unavailing
5 because they address a different issue. The cases, when read, address the issue of whether a party
6 can alleviate a pre-existing alimony debt or arrearage by paying outstanding bills to a third party,
7 and claim a "set off" of the amount due the obligee. While those cases would be in agreement with
8 Nevada practice, this was not the situation presented herein.
9 Mr. Joshi and Ms. Joshi had approximately $16,000.00 of community debt that was due
10 and needed to be paid to third parties. As Mr. Coughlin cOlTectiy points out on page 17 of his
II Motion, "creditors of such community debt are unaffected by anything in a divorce decree fi'om
12 pursuing either of the parties for repayment." The community creditors could pursue either Ms.
13 Joshi or Mr. Joshi. It appeared from the evidence at trial that Mr. Joshi was paying the vast
14 amount of the outstanding community debt. He proposed to the Judge that in lieu of paying
15 alimony, the Court utilize the after-tax differential between their incomes to pay that community
16 debt. This would be a benefit to both parties, reduce their joint debt, and improve both of their
17 credit scores.
18 Mr. Coughlin's position at trial, which both judges tried to dissuade him from, and which
19 he re-argues in his Motion, is incorrect in that it was based upon a flawed premise. He seemed
20 to be arguing for a equal distribution of debt, with the knowledge that Ms. Joshi would essentially
21 be judgment proof because of her limited assets and income. Thus, in Mr. Coughlin's world, she
22 would continue to receive alimony, but would not have to pay her share of the community debt.
23 This argument is essentially grounded in bad faith; Mrs. Joshi is arguing that she should be
24 attributed debt, with no intention of paying, knowing she will still receive alimony.
25 However, beyond the bad faith argument, the true flaw in the argument is revealed at page
26 10, where Mr. Coughlin argues that should Ms. Joshi have been ordered to pay half of the
27 community credit card debt, and that any subsequent failure on her part to do so "could likely not
28 be used as a proper basis to set off any alimony award received." This is incorrect. As Mr.
-3-
0119
1 Coughlin notes previously, the third party creditors would not be restrained by the divorce decree.
2 Thus, should Ms. Joshi fail to pay her attributed share of community debt, they would proceed for
3 collection against Mr. Joshi. If Mr. Joshi's monthly payments increase, due to her failure to pay
4 the debt, he could most certainly move the Court for a modification of his alimony award to reduce
5 the same, based upon the fact that his monthly expenses had increased. Alimony is modifiable
6 based upon a change of circumstances, and that change in attribution of debt would most clearly
7 be a change of circumstance affecting his ability to pay. See, NRS 125.150. Her fail\U'e to pay
8 the .debt would also affect her perceived "need," the other half of the alimony equation.
9 In order to protect Ms. Joshi's potential claim to alimony, in the event that Mr. Joshi should
10 be unable to pay these community debts that he was assuming, it was Senior Judge Jordan's
11 suggestion at the Settlement Conference that her right to alimony be secured by $1.00 per year for
12 five (5) years, so that ifthere was a default in the payment of the community debts, she would stilI
13 have an alimony award, and she could move for a modification and increase ofthe alimony. This
14 format was urged upon by the Court at trial, and memorialized in the Order After Hearing. The
15 Court recognized the sense of this proposal, in that the great likelihood would be that if Mr. Joshi
16 was unable to pay the community debt he would have to file bankruptcy, and were that to happen,
17 Ms. Joshi would have to file bankruptcy as well.
18 Respectfully, counsel misunderstands the law in this matter and has not thought through
19 his position. Siragusa v. Siragusa, 108 Nev. 987, 843 P.2d 807 (1992) clearly holds modification
20 of an alimony award would be appropriate based upon a discharged property settlement agreement.
21 Counsel's position has been throughout that Ms. Joshi should be awarded alimony and the
22 community debt. However, he has made it clear that she would discharge or be non-collectible on
23 her debt, not recognizing that either Mr. Joshi or the debtors would come after her for the balance
24 of the payments. Mr. Joshi, under Siragusa, could certainly use that as grounds for any
25 modification of any alimony that he was otherwise awarded to pay. In lieu of all the above, he
26 offered to pay the debt and not pay her alimony.
27 III
28 III
-4-
0120
1 Sanctions.
2 NRS 18.010 provides that the Courts can liberally construe NRS 18.010(2)(b) in favor of
3 awarding attorney's fees in all appropriate situations. The Legislature expressed an intent that the
4 Court award attorney's fees and impose sanctions under NRCP 11 in all appropriate situations in
5 order to punish and deter frivolous or vexatious claims and defenses, due to the burden such
6 claims and defenses placed onjudicial resources. See, also, Trustees o/the Plumbers & Pipe fitters
7 Union Local 525 Health & Welfare Trust Plan v. Developers Surety & Indemnity Co., 120 Nev.
8 56,63,84 P.3rd 59 (2004). The language ofNRS 7.085 is very similar to that ofNRCP 11, and
9 the intent of the legislature is clear.
10 CONCLUSION
11 Mrs. Joshi's pursuit of this matter was frivolous or vexatious, in that it was not grounded
12 under existing law, and in fact, was essentially urging a distribution of debts and assets in bad
13 faith. Under any set of circumstances, we would end up in the same place: Mr. Joshi will end up
14 paying the vast majority of the community debt, and that was what he proposed to the Court. In
15 the event that the parties have to discharge those obligations, Ms. Joshi's right to alimony would
16 be maintained. The award was straight forward, reasonable, acceptable, both to the Settlement
17 Judge, the Trial Judge, and counsel for Mr. Joshi. It is regrettable that Ms. Joshi's counsel did not
18 recognize the validity of that position, and continues to argue that his view of the facts and law is
19 accurate. HistOlY and experience would suggest that he is not correct, and his motion for
20 reconsideration is more of the same. Wherefore, the Order should be maintained, and the Request
21
22
23
24
25
26
27
28
for Reconsideration denied, so that this matter may move to conclusion.
DATED this /:7 day of May, 2009.
-5-
0121
1 CERTIFICATE OF SERVICE
2 Pursuant to NRCP 5(b), I hereby certify that I am an employee ofTHE LAW OFFICES OF
3 JOHN SPRlNGGATE, and that on this date I personally served at Reno, Nevada, a true copy of
4 the within OPPOSITION TO REOUEST FOR RECONSIDERATION, fully addressed to:
5 Zack Coughlin, Esq.
945 West 12th Street
6 Reno, NY 89503
7 Caryn Sternlicht, Esq.
8 299 S. Arlington Avenue
Reno, NV 89501
9
10
11
12
13
14
15
16
x for mailing by first class mail, postage prepaid
17 social security m b ~ a n y person.
18 Dated this _1_ day of May, 2009.
19
20
21
22
23
24
25
26
27
28
-6-
0122
IN THE FAMILY DIVISION OF THE SECOND JUDICIAL COURT
OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE
ASHWIN JOSHI,
Plaintiff,
vs.
BHARTI JOSHI,
Defendant.

***
FAMILY COURT
MOTION/OPPOSITION NOTICE
(REQUIRED)
DEPT. NO.: 14
NOTICE: THIS MOTION/OPPOSITION NOTICE MUST BE ATTACHED AS THE
LAST PAGE to evelY motion or other paper filed pursuaut
to chapter 125, 125B or 125C ofNRS and to any answer
or response to such a motion or other paper.
A. Mark the CORRECT ANSWER with an X YES
1. Has a final decree or custody order been entered in this case? If then
continue to Question 2. If!lQ, you do not need to answer any other questions.
2. Is this a motion or an opposition to a motion filed to change a final order? If
Xllli, then continue to Question 3. If!lQ, you do not need to answer any other
questions.
3. Is this a motion or an opposition to a motion filed only to change the amount of
child support?
4. Is this a motion or an opposition to a motion for reconsideration or a new trial
and the motion was filed within 10 days of the Judge's Order?
IF the answer to Question 4 is YES, write the filing date found on the front page of Date
the Judge's Order.
NO
X
X
X
X
B. If you answered NO to either Question I or 2 or YES to Question 3 or 4, you are exempt from the $25.00 filing fee.
However, if the COUlilater determines you should have paid the filing fee, your motion will not be decided until the
$25.00 fee is paid.
I affirm that the answers provided on the Notice are hue.
/ 3 Signature:
Print Name:
Telephone:
>boca ..
John P. Springgate, Esq., Attorney At Law
Reno, Nevada 8950 I
775-.323.8881
0123
F I L E D
Electronically
05-13-2009:01:13:53 PM
Howard W. Conyers
Clerk of the Court
/'
1 CODE: :247
2 Nevada Bar #1350
3 Reno, NY 89501
Telephone: 775.323.8881
5
6 IN THE FAMILY DIVISION
9
10
11
12
13
14
15
ASHWIN JOsm,
Plaintiff,
vs.
BHARTI JOSHI,
Defendant.
~ /
* * * * *
CASE NO.: DV08-01l68
DEPT. NO.: 14
16 MOTION TO STRIKE
17 COMES NOW the Plaintiff, ASHWIN JOSHI, by and through his counsel of record,
18 JOHN P. SPRINGGATE, ESQ., and enters his Motion to Strike the Notice(s) of Appeal filed
19 by Zack Coughlin, Esq., on his own behalf and as attorney of record for Bharti Joshi, on
20 May 12,2009. This motion is made and based upon the attached Memorandum of Points and
21 Authorities, and all the papers and pleadings on file in this action.
22 DATED this ~ day of May, 2009.
23
24
25
26
27
28
ATE, ESQ.
0124
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 NRAP 3A provides that an appealable judgment or order may be appealed from review
3 as provided in the rules and not otherwise. NRAP 3A(b) provides that appealable detenninations
4 include "a final judgment in an action or proceeding commenced in the Court in which the
5 judgment was rendered."
6 No final judgment has been entered in this matter as yet. The Court has entered an Order
7 After Trial on April 13, 2009. It has not yet been memorialized into a Findings of Fact,
8 Conclusions of Law, Judgment and Decree of Divorce. Further, it has been held that a premature
9 appeal has no affect, and the District Court retains jurisdiction despite the filing of a premature
10 appeal. So. Nev. Homebuilders Ass'n. v. City o/No. Las Vegas, 112 Nev. 297, 913 P.2d 1276
11 (1996).
12 Accordingly, the undersigned asks the Court to strike the Notice(s) of Appeal as untimely
13 filed while this matter awaits final disposition in the District Court.
14 DATED this ) -:3 day of May, 2009.
15 /---
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
, SQ.
0125
2 Pursuant to NRCP 5(b), I hereby certify that I am an employee of THE LAW OFFICES OF
3 JOHN SPRlNGGATE, and that on this date I personally served at Reno, Nevada, a true copy of
4 the within MOTION TO STRIKE, fully addressed to:
5 Zack Coughlin, Esq.
945 West 12th Street
6 Reno, NY 89503
7 Caryn Sternlicht, Esq.
Reno, NY 89501
9
10
11
12
13
X for mailing by first class mail, postage prepaid
14 Messenger Service on this date.
17 social security u m b e ~ ,05 any person.
18 Dated this /3
i
%.ay of May, 2009.
19
20
21
22
23
24
25
26
27
28
-3-
0126
ASHWIN JOSHI,
Plaintiff,
vs.
BHARTI JOSHI,
Defendant.
/
***
FAMILY COURT
(REQUIRED)
DEPT. NO.: 14
NOTICE: TillS MOTION/OPPOSITION NOTICE MUST BE ATTACHED AS THE
LAST PAGE to every motion or other paper filed pursuant
or response to snch a motion or other paper.
l. Has a final decree or custody order been entered in this case? then
continue to Question 2. If!lQ, you do not need to answer any other questions.
then continue to Question 3. If!lQ, you do not need to answer any other
questions.
child SUPP01t?
the Judge's Order.
NO
X
X
X
X
B. If you answered NO to either Question 1 or 2 or YES to Question 3 or 4, you are exempt l1'01n the $25.00 filing fee.
However, if the Comt later detelmines you should have paid the filing fee, your motion will not be decided nntil the
$25.00 fee is paid.
I affirm that the answers provided on the Notice are hue.
/3 ti;-2009 Siguature:
Print Name:
Telephone:

John P. Springgate, Esq., Attorney At Law
Reno, Nevada 8950 I
775-.323.8881
0127

_mllla.r--
<.0:::>-
_11IjT'""T'""0:::
-t!lCL. ....... a
=01 .. Z
- ...... COq '"")
-", Q

===
_0,...,0
=0'1 N
-cr. ............
= II-C'l
_00::"'-
= pa:-- _ IU>
CIlO
r.ri
-
L..;>'
_ ...... ;3 .....
_ Iac
=OOIJ)U::l
-<DO 0
- ........ ...,.0
0
=az .... q)
_ I""" L.. 0
$1670
Zach Coughlin, Esq.
Bar No. 9473
945 W.12
th
St.
Reno, NV 89503
Phone 7753388118
Attomcy for Bharti Joshi and Zach Coughlin
.
'.",
-C03 ..... .!:

=::>r.JJ ..... I1jO
ncrD30 No.: DV08-01l68
Dept. 14
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
16
Ashwin Joshi,
Bharti Joshi,
IN THE SECOND JUDICIAL DISTRICT COURT OF THE
ST ATE OF NEV ADA IN AND FOR
THE COUNTY OF WASHOE
Plaintiff,
vs.
Defendant
Defendant's Emergencv Motion for Ol'der Shortening Time and Order Granting
Emergency Request to Proceed on Appeal In Forma Pauperis
COMES NOW, BHARTI JOSHI, Defendant above name (hereinafter "Ms. Joshi"),
by and through her attorney of record, ZACH COUGffiIN, ESQ., and hereby requests
entry of Order Shortening Time and a Decision on, in reference to "DEFENDANT'S
MOTION FOR RECONSIDERATION" filed and served April3O'h, 2009 (though eFile
attempts were submitted on April 27"
h
, 2009; however, a filing technicality resulted in
delay of this electronic filing appearing on eFlex), as follows:
27 I. The Order requested here would facilitate the timely entry of an appropriate
IS
Page I
0128
2
J
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
16
27
28
Order on Defendant's Motion for Reconsideration. Although an order granting or denying
a Motion for Reconsideration is not itself appealable, the Supreme Court will consider
arguments raised in the Motion for Reconsideration so long as the District Court considers
the motion on the merits, the Notice of appeal is filed after the Order disposing of the
Motion, and the motion and order are included in the record on appeal. Arnold v. Kip,
123 Nev. Adv. Op. No. 41, 168 P. 3d 1050 (Nev. 2007). Due to the short time one has to
file a Motion for Reconsideration and have it properly preserve issues for appeal, Ms.
Joshi respectfully requests that this Court hear and decide her Motion for Reconsideration
on an Order Shortening Time.
2. The Court is authorized to enter and Order Shortening time pursuant to WDCR Rule
11 (re: extension or shortening of time), and the facts in the instant case make it appropriate
for the Court to do so as requested her by Ms. Joshi.
The instant Motion, and the substantive Motion which is concerns, are being
personally served Wednesday, March 12, 2009, and notice is hereby given to opposing
counsel that each such Motion will be submitted to this Honorable Court for decision on or
after 9:00 a.m. March 12
th
, 2009.
4. This Court's Order After Trial, on page 13, states that "5. Preparation of the Decree-
Mr. Springgate shall prepare the decree of divorce consistent with this memorandum
decision. Mr. Springgate shall tender his proposed decree to Mr. Coughlin, pursuant to
WDCR 9, within 20 days from the date of this order." In this regard, Ms. Joshi and her
counsel are not sure if this Court's Order After Trial is a Final Decree from which the 30
days to tile a Notice of Appeal runs, or for that matter, the 10 days to file a Motion for
Reconsideration (also, eFlex and Court Connect indicate an extension of time to file a
Motion for Reconsideration was granted; however, the 30 days within which to file a Notice
of Appeal after the filing ofa Notice of Entry of Order isjursidictional and can not be
Page 2
0129
2
j
4
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
Zl
23
waived), see, Power of Trial Court Indirectly to Extend Timefor Appeal, 89 ALR 941
(1934), supplemented 149 ALR 740 (1944); "to hold that the decree to be appealed from
was the docket entry rather than the formal decree is to go directly contrary to the judge's
opinion quoted above, in which he directed the counsel to prepare the decree and provide
for exceptions."; In Re Hurley, Mercantile Co., 56 F.2d 1023, 1024, 1025 (5 Cir., 1932);
Scott Et AI. v. Gearner Et AI., 197 F.2d 93 (5th Cir. 1952); Spreader Specialists, Inc. v.
Monroc, Inc., 114 Idaho 15,752 P.2d 617 (Ct. App. 1988).
5. Ms. Joshi and her counsel respectfully request that the relief sought in Mr. Coughlin's
Motion for Reconsideration be granted as to Mr. Coughlin's personally liability for Mr.
Joshi's attorney's fees. With respect to the other rulings included in this Court's Order After
Trial, Ms. Joshi requests the opportunity to make use of the extension of time granted by
this court for her to file a Motion for Reconsideration. To the extent that Ms. Joshi will not
be able to have such a Motion for Reconsideration heard or decided after the time for which
filing a Notice of Appeal has run (which is arguably May 12th, 2009), Ms. Joshi requests that
this Court utilize the Motion for Reconsideration Mr. Coughlin filed on his own behalf with
respect to attorney's fees in finding that Ms. Joshi should have been awarded alimony greater
than the $1.00 per year, "jurisdictional hook" as contemplated by Siragusa. An analysis
utilizing the "Tonopah Formula" (see, In Search of a Coherent Theoretical Model for
Alimony, Nevada Lawyer, by M. Willick, Esq. (April 2007); The So-Called "Tonopah
Formula "for Alimony Explained, Nevada Family Law Report, T. Torvinen, Esq.,
(September 2002)) suggests that Ms. Joshi, as one who is leaving a marriage that last 16
years longer than 5 years, who is 16 years past her 30
th
birthday, who has two children born
of this marriage, and whose education consists of a degree from a foreign country and in a
field for which she is not currently working nor for which she has worked in in many years,
24
25
26
27
28
and where there is a $12,000 yearly income disparity (which would be over 40% of Ms.
Joshi's income), and where Mr. Joshi developed his skill and earning capacity during the
marriage and during a time when Ms. Joshi was more of a hands on caregiver with regard to
their two children, is potentially entitled to an alimony award of approximately $400 per
Page 3
0130
2
l
4
5
month for a period of at least 10 years (if not for her lifetime as this was a 21 year marriage
and many practitioners note that the 20 year mark is a fairy common bench mark for
awarding lifetime alimony). Further, Wheeler v. Upton-Wheeler, 113 Nev. 1185,946 P2d
200 (1997), notes that a child support obligation can not be set offby a shared debt owed by
the spouses to a third party creditor. "Set off' of one spouse's support obligation against
other spouse's obligation to pay equity in marital residence not allowed. The Court in
6 Wheeler held that the trial court erred in completely releasing non-custodial parent from
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
14
25
26
27
28
obligation to pay child support by allowing the non-custodial parent a "set-off' of her child
support obligation against her husband's obligation to pay her one-half the equity in the
marital residence. Wheeler v. Upton-Wheeler, 113 Nev. 1185,946 P.2d 200, 1997 Nev.
LEXIS 135 (1997) , and the holding in In Re Anders. arguably weigh against this Court
using such debts as an off set to an award of alimony to Ms. Joshi.
Similarly, if spousal abuse or marital misconduct has an adverse economic impact on
the victim spouse, the court may consider it when determining whether an unequal division
of community property is warranted. Wheeler v. Upton-Wheeler, 113 Nev. 1185, 946 P.2d
200 (1997). Ms. Joshi arguably deserves a new trial or having her motion for
reconsideration granted in light of the exclusion of evidence of domestic violence as creating
economic consequence which may have affected the alimony award, debt distribution, or
property distribution. Even if a legitimate compelling reason exists to support an unequal
distribution of property, such unequal distribution cannot be accomplished by reducing or
eliminating the non-custodial parent's obligation to pay child support. Wheeler v. Upton-
Wheeler, 113 Nev. 1185,946 P2d 200, 1997 Nev. LEXlS 135 (1997) Further, contrary to
the interpretation Me Springgate cited at trial, the Rodris'Uez case (Rodriguez v. Rodriquez,
116 Nev. 993, 13 P.3d 415 (2000; Fault as a determinative factor in alimony awardl' in
Nevada and other community property jurisdictions, Mazzeo, Catherine, 2 Nev. L.J. 177-
195 (2002). Rodriguez, perhaps contrary to Me Springgate's interpretation, held that:
"A year after Lofgren was decided, we decided the case of
Wheeler v. Upton-Wheeler, 113 Nev. 1185,946 P.2d 200 (1997).
Page 4
0131
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
13
24
25
26
27
18
We concluded in Wheeler that the district court erred by relying on
evidence of the husband's spousal abuse as a basis for making an
unequal division of the parties' community property. [***10] Id. at
1190,946 P.2d at 203. We noted that by amending NRS
125 .150( 1) in 1993, the legislature sought to preserve the concept
of no-fault divorce in Nevada. See id. at 1189-90, 946 P2d at 203.
We also recognized the legislature's determination that "in divorce
proceedings, testimony regarding the relative faults of the parties
could have an adverse effect on the children and could increase the
expense of litigation" Id. at 1190, 946 P2d at 203 (citing Hearing
on AB. [3]47 Before the Senate Committee on Judiciary, 67th
Leg. (Nev., May 10,1993, and April 30, 1993))
However, in Wheeler, we also recognized that sometimes marital
misconduct results in adverse economic consequences for one of
the parties. 113 Nev. at 1190, 946 P2d at 203. We determined that
a district court may consider evidence of the economic
consequences of marital misconduct in determining whether an
unequal division of community property is warranted. See id. As
we noted in Heim, "alimony is wholly a creature of statute." Id. at
607, 763 P2d at 679. The legislature has elected to distinguish the
appropriate considerations [***11] for the division of community
property from those which exist for an award of alimony. The
legislature has devised a scheme that permits the court to deviate
from the rule requiring an equal division of community property if a
compelling reason exists for doing so. However, the legislature has
not seen fit to permit the court to withhold an otherwise just and
equitable alimony award for any similar reason.
According to both the legislative history and the plain language of
the statute, a judge is not permitted to consider the fault or
misconduct of either of the parties when considering an award of
alimony. We hold that when considering an award of alimony, the
court may not consider either party's misconduct or fault. We
perceive no reason to engraft the "misconduct resulting in an
economic impact" exception to the alimony portion of the statute.
We have previously determined in Wheeler that the relevance of
fault or misconduct is limited to instances where, because of its
economic impact on one of the parties, fault or misconduct
constitutes a compelling reason to deviate from an equal division of
the community estate.
Moreover, an exception is unnecessary. Nevada has well [*** 12]
settled case law that provides guidelines for the trial court to
consider when making a just and equitable alimony award.
Commonly referred to as the "Buchanan factors," these guidelines
were enunciated over twenty-five years ago in Buchanan v.
Buchanan, 90 Nev. 209, 523 P.2d 1 (1974) They include [419]
Page 5
0132
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
11
22
23
24
25
16
27
28
the financial condition of the parties: the nature and value of [the
parties'] respective propeliy; the contribution of each to any
property held hy them as tenants by the entirety; the duration ofthe
marriage; the husband's income, his earning capacity, his age, health
and ability to labor; and the wife's age, health, station and ability to
earn a living. Id. at 215, 523 P2d at 5. While we acknowledge the
archaic tenor of the language, as well as the unnecessary variation
between the [*999] considerations articulated for the husband and
the wife, we also note with approval the commonsense approach
that permeates these points. And the durability of the factors over
time is a testament to their viability.
So, for example, if one spouse commits repetitive acts of physical
or mental abuse against the other, causing a condition in the injured
spouse which [***13] generates expense or affects that person's
ability to work, the physical and/or mental condition caused by the
misconduct can be taken into account in two ways: first, as a
compelling reason to make an unequal distribution of property or
second, without considering evidence of fault or misconduct, the
court in deciding alimony will, per Buchanan, take that spouse's
physical and mental condition into account when examining his or
her financial condition, health and ability to work."
CONCLUSION
For the reasons set forth above, Defendant request this Court grant the relief
requested, including granting the Order to Proceed on Appeal In Forma Pauperis.
Dated this 12th day of May, 2009 by:

Zach Coughlin, Esq.
NevadaBarNo 9473
Attorney for Bharti Joshi and Zach Coughlin
Law Office ofZach Coughlin, Esq.
945 W.12,h St., Reno, NY 89503
Tel 7753388118
Page 6
0133
Pursuant to NRCP 5(b), I certifY that I am an agent ofZach Coughlin, Esq, and that on
3 the 12th Day of May, 2009, I electronically filed and or personally served at Reno,
4 Nevada, a true copy of the within Defendant's Emergency Motion for Order
5 Shortening Time and Order Granting Emergency Request to Proceed on Appeal
6 In Forma Pauperis, fully addressed to:
7
8
9
10
11
12
13
14
John Springgate, Esq.
Attorney for Ashwin Bharti
203 S, Arlington Ave.
Reno, NV 8950J
Caryn Sternlicht, Esq.
Reno, NV 89501
15
AFFIRMATION PURSUANT TO NRS 239B030
16
18 social security number of any person,
19
20 Dated this 12th Day of May, 2009.
21
12
23
l-I
25
26
27
18
/signature/ Melissa Ulloa
Melissa Ulloa
Page 7
0134
IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT
* * *
)
__ __ _________ i
)
F AMIL Y COURT
vs (REQUIRED) )
)
::x.>5/f r ) __ ____ __ __________ )
CASE NO, VOO '8
)
)
<j,j...,/C ",.-," ,-/ Cr Tlw1il.,
DEPT NO, ..
It-!
NOTICE:
THIS MOTION/OPPOSITION NOTICE MUST BE ATTACHED AS THE
LAST PAGE to every motion or other paper filed pursuant to chapter 125, 125B
or 125C ofNRS and to any answer or response to such a motion or other paper
A.
Mark the CORRECT ANSWER with an X
YES NO
1. Has a final decree or custody order been entered in this

X
,
D
case'? If l!" then continue to Question 2. If no, you do not
need to answer any other questions.
2. Is this a motion or an opposition to a motion filed to
[K]
D
change a final order? then continue to Question 3. If
no, you do not need to answer any other questions.
3. Is this a motion or an a motion filed only to
change the amount of child I L'
W
4. Is this a motion or an opposition to a motion for
[K]
reconsideration or a new trial and the motion was filed
within IO days of the Judge's Order?
IF the answer to Question 4 is YES, write in the filing
Die
date found on the front page of the Judge's Order 1/t:s Or
B.
If you NO to either Question 1 or 2 or YES (0 Question 3 or 4, you are exempt
from the $25.00 filing fee. However, if the Court later determines you should have paid the
filing fee, your motion will not be decided until the $25. (I() fee is paid
I affirm that the ans\\ ers proVIded on thIS NolIce are true
12 ,2002 SIgnature )e<A'
57
1
2/
0
1 PnntName ZAc/f LoVtT\t-L-irl, esc;;"
\ '\ \S
\) rL:Q{f
Print Address:
Cf4") l),}, IZtb. St, '
Telephone Number:
\ I?nHz_ 0 A-Fr&:1<. Ti2-'J.H- 15 4- Pr r-I fj- L
'\) n:..o :::,.. #-N. S '?F2.m.{ G-6-/t rE tv
A {-fJ{1j-L '. v'
*'2- - F-ILtE., A. (' 'vVA-S \l"\A\)1L \V 1f1tll\\
k T0:i-Il'tlC4L b!:fl.ClAL'( \2-iEStL,TIri':> ,"-/ "'i..A-Il!e..-.. RU"i.f.r--

0135
8
9
10
II
12
13
14
15
16
17
18
19
20
21
$1030 d3"8JOb
Zach Coughlin, Esq.
BarNo. 9473
945 W.12th St.
Reno, NV 89503
Phone 775 338 8118
on his own behalf and
Attorney of Record for Joshi
BhartilDefendant, see explanation
PH 4: 27
Dept. 14
fN THE SECOND JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR
urn COUNTY OF WASHOE
Ashwin Joshi,
Plaintiff,
vs.
Bharti Joshi, Defendant
MOTION AND AFFIDAVIT IN SUPPORT OF MOTION TO PROCEED
ON APPEAL IN FORMA PAUPERIS
Pursuant to NRS 12.015, and based on the following Affidavit, I request
permission form this Court to proceed without paying courts costs or other costs and
fees as provided in NRS 12.015 because I lack sufficient financial ability.
22
2, Dated this 12:
h
O.
24
25
26
27
28
/signaturel-Zach Coughlin, Esq.
Nevada Bar. No. 9473
945 W 12th St., Reno, NV 89503
Tel: 7753388118
Affidavit in Support of Motion to Proceed In Fonna Pauperis Page 1
0136
2
3
4
5
6
7
8
9
10
11
12
13
I.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
State of Nevada }
}ss.
County of Washoe )
AFFIDAVIT
I, Zach Coughlin being first duly sworn, depose and say that I am the
Appellant in the above-entitled case; that in support of my motion to proceed on
appeal without being required to prepay fees, cost or give security therefor, 1 state
that because of my poverty I am unable to pay the costs of said proceeding or to give
security therefor; that I believe [ am entitled to redress; and that the issues which I
desire to present on appeal are the following:
Whether is was appropriate to use debts to third party creditors to off set an
alimony award to Ms. Joshi. Whether evidence of domestic violence should have
been admitted for determining alimony, debt distribution, and community property
distribution. Whether charging attorney Zach Coughlin, Esq. to pay the opposing
party's attorney's fees was an abuse of discretion or otherwise inappropriate and not
supported with sufficiently specific detail or based on appropriate grounds in Judge
Gardner's Order After Trial. Whether the $1.00 per year alimony award to Ms. Joshi
is insufficient in light of the facts, evidence presented, existing case law, and the
Tonopah formula for an Appellant who is 46 years old, the parties were married for
21 years and had two children during the marriage, the Appellant's education was
received in a foreign country and is not related to her current employment, an
Extended Protection Order was granted against Respondent, and Respondent
developed his skill and earning capacity during the marriage while Appellant spent
more time at home devoted to raising the party's two children. Whether the time for
filing the Notice of Appeal ran from Notice of Entry of the Order After Trial where
the Order After Trial directed John Springgate, Esq. to prepare a Final Decree within
20 days (and this was not done). Whether Mr Joshi's income was incorrectly stated
Affidavit in Support of Motion to Proceed In Forma Pauperis Page 2
0137
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
in Judge Gardner's Order After Trial and therefore not an appropriate basis on which
to deny alimony.
Whether John Springgate, Esq. should have been pennitted to introduce
exhibits that were not identified in his Pre-Trial Statement (which was filed at 5 p.m.
the day before Trial) and where Mr. Springgate did not provide opposing counsel a
copy of the exhibits introduced at trial at the time they were admitted into evidence,
or fifteen minutes before Trial as ordered in the Pre-Trial Order (rather, Mr.
Springgate indicated that the documents which formed the basis of the exhibits he
introduced at the Trial were provided as part of his client's 16.2 production).
Whether it was inappropriate for Judge Gardner to, during the Settlement Conference,
tell Ms. Joshi's attorney to "shut up" and directed Ms. Joshi to not listen to her
attorney.
I further swear that the responses which 1 have made to the questions and
instructions below relating to my ability to pay the cost of prosecuting the appeal are
true.
1. Are you presently employed? Mr. Coughlin is not currently employed.
a. [fthe answer is yes, state the amount of your salary or wages per month and
give the name and address of your employer. nla
b. If the answer is no, state the date of your last employment and the amount of
the salary and wages per month which you received. Mr. Coughlin was employed,
within the last week, at Washoe Legal Services and received a yearly salary of
approximately $50,000
2. Have you received within the past twelve months any income from a business,
lJ
24
25
26
27
~
profession orother form of self-employment, or in the form of rent payments, interest,
dividends, or other source? No.
a. If the answer is yes, describe each source of income, and state the amount
received from each during the past twelve months. nla
3. Do you own any cash or checking or savings account?
0138
2
3
4
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
12
2J
24
25
26
l7
28
a. If the answer is yes, state the total value of the items owned. Mr. Coughlin has
approximately $8,000 in a checking account.
4. Do you own any real estate, stocks, bonds, notes, automobiles, or other
valuable property (excluding ordinary household furnishings and clothing)? No.
a. If the answer is yes, describe the property and state its approximate value: Mr.
Coughlin owns a 1996 Honda Accord worth approximately $2,000.
5. List the persons who are dependent upon you for support and state your
relationship to those persons. n/a.
6. I have total monthly expenses of approximately $2,200.
I understand that a false statement or answer to any question in this affidavit will
subject me to penalties for perjury
2!zJIl!ip1
E
.
Co",,!-oj ot- ;;:)49i,o,,-" lJiJ..
SUBScR!BED AND SWORN to before me this)Z" day of May, 2009)
!3Q,..!c-er COjhl,,, . ...,y
Notary Public
j( .1rr.it:
r .... .. '''" .. " .... " .... 1
Appointment Recorded in Washoe County
l No: 980552-2 - Expires July 13, 2011 l
;,.",.".,",,,,,"",,,.,,,,,,, .. ,,,, .. ,,,,,,,,,.,,,,.,,, .. ,.,""""""""""""""""
0139
ORDER
2
Let the applicant proceed without prepayment of costs or fees or the necessity of
l giving security therefor.
4 DA TED this ............... day of ..... 2009
5
6 District Judge
7
8 Dated this 12th day of May, 2009
9
10
11
12
13
14
15
16
17
18
19
20
11
12
25
26
27
28
/signature/ Zach Coughlin, Esq.
Zach Coughlin, Esq.
Nevada Bar. No. 9473
945 W.12th St, Reno, NY 89503
Tel 7753388118
0140
2
5
6
7
9
10
II
12
13
14
15
16
17
18
19
20
21
II
2J
24
25
26
27
28
Pursuant to NRCP 5(b), I certify that I am an agent ofZach Coughlin, Esq. and that on
the 12th Day of May, 2009, I electronically filed at Reno, Nevada, a true copy of the
within MOTION AND AFFIDAVIT IN SUPPORT OF MOTION TO PROCEED ON
APPEAL IN FORMA PAUPERIS fully addressed to
Reno, NV 89501
Reno, NV 89501
Judge Linda Gardner
Dept. 14
Second Judicial District Court
Washoe County
AFFlRMATION PURSUANT TO NRS 239B030
Dated this 12th Day of May, 2009.
Isignaturel Melissa Ulloa
Melissa Ulloa
0141
***
)
__ __ _______ i
FAMILY COURT
'i.'S.
)
)
CASE NO.
DEPT. NO.
(REQUIRED)
\) V oli '-01/6''';
}'1
I
Mun 4 v-\. () .4.FTtfJrjvl'i rc' ".
\' \:) IAi Pc>f!.w,,,j- tc "fe, I j
LAST PAGE to every motion or other paper filed pursuant to chapter 125, I25B
or 125C ofNRS and to any answer or response to such a motion or other paper
A
Mark the CORRECT ANSWER with an X.
YES NO
1. Has a tlnal decree or custody order been entered in thi s
rn 0
case? then continue to Question 2. IfQQ, you do not
need to answer any other questions.
D
[KJ
3. Is this a motion Of an opposition to a motion filed only to
D
[ZJ
change the amount of child support?
D
[ZJ
within 10 days of the Judge's Order?
Date
date found on the front page of the Judge's Order
B.
Tfyou answered NO to either Question I Of 2 or YES to Question 3 Of 4, you are exempt
from the $2500 filing fee. However, if the Court later determines you should have paid the
filing fee, your motion will not be decided until the $25.00 fee is paid.
I affirm that the answers provided on this Notice are true.
Date Jlf1Y/Z. ,200i Signature
,
Print Name:
Print Address:
Telephone Number:
( fII {/ 'if?! '1$lfC> J
77C;- 3'?"8 gil E
Rev. 10/24/2002 0142
9
10
II
12
13
14
15
16
17
18
19
20
21
21
23
15
26
27
18
$1310
Zach Coughlin, Esq,
Bar No, 9473
945 W, 12th Sf.
Reno, NY 89503
Phone 775 338 81 18
No.: DV08-01168
l\J
,
, "
, "
Dept. 14
IN THE SECOND JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA TN AND FOR
Ashwin Joshi,
Plaintiff,
vs,
Bharti Joshi,
Defendant
CASE APPEAL STATEMENT
1. Name of appellant filing this case appeal statement: Bharti Joshi and Zach
Coughlin,
2, Identify the judge issuing the decision, judgment, or order appealed from
Judge Linda Gardner, Department 14, Second Judicial District Court,
3, Identify all parties to the proceedings in the district court: Ashwin Joshi,
Plaintiff Bharti Joshi, Defendant
4, Identify all parties involved in this appeal: Bharti Joshi and Zach Coughlin,
Appellants, Ashwin Joshi, Respondent
5, Zach Coughlin, Esq" is the attorney for Bharti Joshi and Zach Coughlin,
Case Appeal Statement Page 1
0143
3
4
5
6
7
8
9
10
II
12
lJ
14
15
16
17
18
19
20
21
22
13
24
25
2ii
27
28
Mr. Coughlin is no longer with Washoe Legal Services. Mr. Coughlin's address
IS: 945 W 12th St, Reno, NY 89503; Tel 7753388118.
John Springgate, Esq. is the attorney for Ashwin Joshi. Mr. Springgate's
address is 203 S. Arlington Ave, Reno, NY 89501; Tel: 7753238881.
6. Indicate whether appellant was represented by appointed or retained counsel in
the district court: Appellant filed a Statement of Legal Aid Representation as she was
represented by Zach Coughlin, Esq. of Washoe Legal Services, counsel which she
retained.
7. Indicate whether appellant is represented by appointed or retained counsel on
appeal: Bharti Joshi is represented by Zach Coughlin, Esq.; Zach Coughlin, Esq. is
also representing himself with respect to the order that he personally pay Mr. Joshi's
attorney's fees.
8. Indicate whether appellant was granted leave to proceed in forma pauperis, and
the date of entry of the district court order granting such leave: Applicant has not
heard received and Order from Dept. 14 with regard to this issue though an Affidavit
in Support of Motion to Proceed on Appeal In Forma Pauperis was filed.
9. Indicate the date the proceedings commenced in the district court (e.g., date
complaint, indictment, information, or petition was filed): A Complaint for Divorce
was filed July I, 2008 by Ashwin Joshi.
Dated this 12'h day of May, 2009 by

Zach Coughlin, Esg.
Zach Coughlin, Esq.
Law Office of Zach Coughlin, Esq.
945 W.12'h St., Reno, NY 89503
Tel 775 338 8118
0144

2
3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
11
21
23
14
25
16
17
28
Pursuant to NRCP 5(b), I certifY that I am an agent ofZach Coughlin, Esq. and that on
within Case Appeal Statement, fully addressed to:
Reno, NY 89501
Reno, NY 89501
Dated this 12th Day of May, 2009.
elissa Ulloa
Melissa Ulloa
Agent ofZach Coughlin, Esq.
0145
- '" -
L>-
_ ......
_ :::r::OC
=mr.nu:J
-",o 0
= .... ....,....;U
__ 0
=I9Z ... Q)
_ 1_,-0
=m3 ..... .!:

= >W .... IIIC
Oa:03C
8
10
11
12
13
14
15
16
17
18
19
20
21
22
2J
24
15
16
27
l8
$3785
Zach Coughlin, Esq.
Bar No. 9473
945 W.12th St.
Reno, NV 89503
Phone 775 338 8118
z..C-
No .. BV68-6ft68
.,-z.&
Dept. 14""
IN THE FAMILY DIVISION OF THE SECOND JUDICIAL
DISTRICT COURT OF THE
Ashwin Joshi,
Plaintiff,
vs
Bharti Joshi,
Defendant
ST ATE OF NEVADA IN AND FOR
N.o.; \) V () - 0 \ \ 6
It.{
REPLY TO OPPOSITION
Comes Now, Zach Coughlin, Esq., to file this Reply to Opposition to
Motion For Reconsideration of the Order After Trial. This Reply to Opposition is
made and based upon the attached Memorandum of Points and Authorities, Exhibit,
and all the papers and pleadings on file in this action
DATED this 20
m
day of May, 2009.
ach Coughlin, Esq
Page I
---'
0146
2
J
~
5
6
7
8
9
10
11
12
13
~
15
16
17
18
19
20
21
21
23
H
25
16
l7
18
Mr. Joshi's counsel's Opposition to Motion for Reconsideration presents and
opportunity to really clarifY some of the salient points at issue in this litigation. The
decision in this case is clearly erroneous. Mr. Springgate incorrectly asserts that two
Settlement Conferences occurred in this case. That is patently incorrect. The argument Mr.
Spring gate leads with is that past due alimony is far different than soon to be due alimony
and therefore the multitude of case offered in support of denying a set off for debts to third
party creditors with alimony are not relevant.
Further, Mr. Springgate makes another misstatement when on page 3 of his
Opposition he claims to quote from Mr. Coughlin's Motion for Reconsideration, citing that
"creditors of such community debt are unaffected by anything in a divorce decree from
pursuing either of the parties for repayment. See Marine Midland Bank v. Monroe, 104
Nev. 307, 756 P2d 1193 (1988) (bank is free to pursue wife for delinquent joint credit
card debt despite divorce court's order for husband to pay such debt)." (Emphasis added).
This is true, perhaps, were both spouses are signatories and on the credit applications.
Indeed, the portion Mr. Springgate quotes refers to a situation involving a joint credit card
account, that is where both spouses are signatories. The point Mr. Springgate seems to be
making is not so true where, as here, only Mr. Joshi is a signatory to the credit accounts at
issue. Perhaps this was an another innocent mistake on Mr. Springgate's part. However,
the very next sentence, on page 17 of the Reconsideration Motion points out that it "is
typically very difficult to pursue a spouse who is not a cosigner with respect to using that
spouses separate property covers any community debt." Mr. Springgate is curiously silent
as to where the law falls in that respect. Given the years and years of experience that Mr.
Springgate reminded the Court he possesses (at one point, during the Trial he mentioned
that "while Mr. Coughlin was not practicing in those unfortunate days where fault was still
a factor in an alimony analysis, I was ... ") it would be very desirable for Mr. Springgate to
provide his input ,vith regard to what creditors might do to execute upon Ms. Joshi's
Page 2
0147
2
J
property in this situation. In fact, Mr. Springgate did, as will be discussed, make some
vague arguments with respect to the doctrine of necessaries.
Mr. Springgate attempts to encapsulate what he believes Mr. Coughlin's argument to
have been when, in his Opposition, on page 3, that Mr. Coughlin's position "was based on a
flawed premise. He seemed to be arguing for a equal distribution of debt, with the
5 knowledge that Ms. Joshi would essentially be judgment proof because of her limited assets
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
and income." Here, again, Mr. S pringgate curiously fails to address the more pressing issue
that stems from the fact that his client is the sole signatory on all the credit accounts at
issue. Perhaps it is the weakness of the doctrine of the necessaries application the facts of
this case present that result in Mr. Springgate's failing to pursue such a line of argument and
instead focus on relative non sequiturs, such as Ms. Joshi's post-divorce income or near
complete lack of assets. Instead, Mr Springgate reverts to a tactic he seems to employ just
about every time his arguments come up short, that of accusing opposing counsel of "bad
faith", and usually, calling for sanctions. To the extent that no real precedent is offered in
support of such an assessment, Mr. Springgate's argument are veering, regrettably to the ad
hominem.
Again, on line 28, page 3 of his Opposition, Mr. Springgate misstates Nevada law, in
spite of his many, many years of experience. With regard to the assertion that any failure on
Ms. Joshi's part to fulfill an obligation to pay a third party creditor stemming from a divorce
decree could not be properly used to set off a spousal support obligation, Mr. Springgate
not only brings in an argument that is only relevant to situations where both spouses are
signatories on a credit account and application, but he goes on to seemingly misstate
Nevada law as it relates to the Court's ability to reduce a supported spouses alimony award
2J
24
25
26
17
28
where the supported spouse failed to fulfill some debt distribution term in a decree. Mr.
Springgate states that his client could "move the Court for a modification of his alimony
award to reduce the same" Mr. Springgate may have been able to get some opposing party
or opposing counsel to agree to some settlement along those lines, but Nevada law would
seemingly prevent (or at least strongly argue against) those Nevada District Courts bound
Page 3
0148
by Upton-Wheeler from entering such a modification under such circumstances. This is
discussed in more detail, infia. Mr. Coughlin does admit that he is not sure the extent to
2 which U pton-Wheeler would prevent a court from entering a modification of an alimony
J award based on a supported spouses failure to comply with a debt distribution, however,
4 the precedent does seem to preclude an offset. The difference between an "offset" and a
; "modification" seem dubious, or at least, difficult to fully understand.
6 Pursuant to NRS 7.085, if a court finds that an attorney has: "(a) filed, maintained or
7
8
9
10
11
12
13
14
15
16
17
18
19
2()
21
22
23
24
25
lIi
27
28
defended a civil action or proceeding in any court in this State and such action or defense is
not well-grounded in fact or is not warranted by existing law or by an argument for
changing the existing law that is made in good faith; or (b) unreasonably and vexatiously
extended a civil action or proceeding before any court in this State, the court shall require
the attorney personally to pay the additional costs, expenses and attorney's fees reasonably
incurred because of such conduct." Neither basis is supported by the record with regard to
the sanction issued.
The Court's Order After Trial is not sufficiently detailed nor specific enough to be
upheld. The Court's Order, with respect to attorney's fees (set forth below), gives a broad
indication of what it was Mr. Coughlin did that it found objectionable It does not
specifically identify which actions violated NRS 7.085(a) or which violated NRS 7.085(b).
Further, the Court improperly relied on 'testimony' by opposing counsel Springgate. Mr.
Springgate was never sworn in, nor did he provide any affidavits to support his various
assertions, including the extent to which Mr Coughlin conducted discovery, the amount
and difficulty of the work Mr. Springgate performed, the extent to which Mr. Springgate
himself sent out any discovery, etc.
The notes that Mr. Coughlin "made sarcastic, derogatory remarks .. throughout t ~
trial.". However, aside from quoting Mr. Coughlin in one instance where Mr. Coughlin
correctly pointed out that Mr Springgate was not in compliance with court rules with
respect to his attempts to enter exhibits into evidence at trial, the Court never provides any
specificity or detail with regard to how Mr. Coughlin's conduct was "sarcastic" or
Page 4
0149
"derogatory". This allows little to no transparency and permits an impermissible amount of
unfettered discretion to the Court. The potential for abuse is simply to high to uphold a
1 sanction where only mere broad, general, and conclusory basis are offered as the Court's
J for the sanctions. The potential for sanctions being handed down because of a mere
4 difference of philosophy, political ideology, viewpoint, or other impermissible characteristic
5 must be strongly curtailed.
6 This is particularly true in family court where tempers run hot, the subject matter is
7 quite emotional and personal, and the demands on the Court, attorney's, and litigants are
8 high. Attorney's liability under state law for opposing party's counsel fees, 56 A.L.RAth
9 486 See Annotation: What conduct constitutes multiplying proceedings unreasonably and
10 vexatiously so as to warrant imposition ofliability on counsel under 28 U S.C.A. 1927 for
11
excess costs, expenses, and attorney fees, 81 A.L.R. Fed. 36 (the Committee Minutes from
12 the Nevada Legislature's discussions ofNRS 7.085 indicate that this federal statute and
13 FRCP Rule II played a significant role in the formulation ofNRS 7.085, see Exhibit #1)
14 (This Court often references the legislative history of statutes and amendments to statutes,
15
to verity the intended objects and goals of legislation, and often makes reference to the
16
17
18
19
10
21
22
23
25
26
proposed objective of statutory amendments, and the comments of those proposing the
changes, to ensure that the interpretation of statutes is consistent with legislative intent
See, e g., Steward v. Steward, III Nev. 295, 890 P.2d 777 (1995) (exploring bill draft and
quoting committee minutes at length to ensure that the Court's interpretation was
"consistent with the intent of the legislature" in enacting the provision), Joseph F. Sanson
Investment v. 286 Limited, 106 Nev. 429, 795 P2d 493 (1990) (noting that committee
minutes would be reviewed to discern legislative intent and purpose if such minutes
existed), Wheeler v. Upton-Wheeler, 113 Nev. 1185,946 P.2d 200 (1997) (same);
McKellar v. McKellar, 110 Nev. 200, 871 P.2d 296 (1994) (reviewing 1987
amendment to child support statute for legislative intent). Mr. Springgate's Opposition
makes mention of the clear intent of the legislature with regard to NRS 7.085. It is not
27
clear from where or with what Mr. Springgate was able to divine the intent ofthe
28
Page 5
0150
2
5
6
7
8
9
10
II
12
Jj
14
15
16
17
18
19
20
21
21
23
l4
l5
26
17
18
legislature Exhibit A, attached hereto, is a comprehensive collection of all relevant
Committee Minutes and other documentation related to the Legislatures creation and
subsequent amendments to NRS 7.085.
There is a wealth of authority to support a requirement of specific and detailed
findings in a Court's ordering sanctions. In the following cases, the courts held or
recognized that specific findings by the trial court were required before an attorney could be
assessed with his opponent's fees. Major v First Va. Bank (1993) 97 Md App 520, 631
A2d 127 (RICO claim; $25,000 for counsel fees).
In O'Brien v Cseh(1983, 2dDist) 148 Cal App3d 957,196 Cal Rptr 409 ( 12[b]), the
court found that an order by the trial court assessing attorney fees against counsel and
giving only "good cause appearing" as a reason for the sanction failed to meet the statutory
requirement of a detailed recital of the circumstances justifYing the imposition of sanctions.
The court reversed an award of fees against an attorney that was imposed by the trial
court without any finding as to the actual costs incurred by the opposing parties, in City of
El Monte v Takei (1984, 2d Dist) 158 Cal App 3d 244,204 Cal Rptr 559 ( 9[a]). The case
was remanded for a hearing to determine reasonable expenses and counsel fees, since under
the applicable court rules the sanctions were limited to that amount.
In Charles v Charles (1986, Dist Col App) 505 A2d 462 ( 4[aJ), the court reversed an
assessment of attorney fees against an attorney, where the trial court had failed to make a
specific finding of bad faith. The court stated that it is within the inherent authority of trial
courts to assess attorney fees against an attorney who has acted in bad faith, if the sanction
is imposed after fair notice and an opportunity for a hearing on the record. But although
counsel's conduct in this case made an assessment of fees appropriate, and there had been
fair notice and a hearing on the plaintiffs motion for attorney fees, the court decided that
the absence of a specific finding of bad faith required reversal and remand for a new hearing
directed to that issue.
Before a proper finding of a frivolous claim may be made under a statute authorizing fee
awards against attorneys on that basis, it is necessary for the trial court to find that the
Page 6
0151
2
J
4
5
6
7
8
9
10
11
12
lJ
14
15
16
17
18
19
20
21
II
lJ
24
25
26
17
28
attorney knew that the action was without any reasonable basis in law and could not be
supported by a good-faith argument for an extension, modification, or reversal of existing
law, held the court, in Radlein v Industrial Fire & Casualty Ins. Co. (1984) 117 Wis 2d 605,
345 NW2d 874. The court stated a two-pronged test for determining an attorney's
responsibility in sanctions for commencing a frivolous action: first, is the law ready for an
extension, modification, or reversal; and if not, then second, was the argument for such
change made in good faith even though not successful. Frivolous action claims are an
especially delicate area, said the court, since the ingenuity, foresightedness, and competency
of the bar should be encouraged and not stifled. In this case, however, the court decided
that a special hearing before the trial court on the issue of frivolousness was not necessary,
because the attorney had been placed on notice to defend his position both in the trial court
and on appeal. The court affirmed the award against the attorney, observing that there was
no possible reasonable argument for his theory.
See Williams v Capps Trailer Sales, Inc. (1992, Ala App) 607 So 2d 1272, 6[a].
Trial court did not satisfy requirements for exercising its inherent authority to impose
attorney fees against an attorney for bad faith conduct when it ordered husband's counsel to
remit one half of his fees received to wife's counsel, where trial court did not permit
husband's counsel to present witnesses or other evidence in his defense, trial court did not
make an express finding of bad faith or findings justifying the relief ordered, and order did
not show how the fees awarded directly related to the fees incurred as a result of the alleged
bad faith conduct by husband's counsel. Finol v. Finol, 912 So. 2d 627 (Fla. Dist Ct. App.
4th Dist. 2005), related reference, 2005 WL 2373889 (Fla. Dist Ct. App. 4th Dist. 2005)
and reh'g denied, (Nov. 7, 2005).
Petitioner's request for costs and expenses ofJitigation, including attorney fees, did not
provide notice to respondent's attorney that she could be held liable for attorney fees under
statute that awarded fees in situations where an attorney brought or defended an action that
lacked substantial justification; there was no motion requesting attorney fees from attorney,
there was no mention that the trial court was considering an award against attorney, and the
Page 7
0152
notice of the hearing contained no reference to the statute that awarded fees against
attorneys for bringing or defending an action that lacked substantial justification or to the
1 possibility that attorney could be assessed attorney fees for her conduct; overruling Cohen
J v Feldman, 219 Ga.App. 90,464 S.E.2d 237 West's Ga.Code Ann. 9-15-14(b). Williams
4 v, Cooper, 625 S,E.2d 754 (Ga. 2006). See Kukui Nuts of Hawaii, Inc v R Baird & Co.
s (1990, Hawaii App) 789 P2d 50 I.
6 Further, it cannot be said that Mr. Coughlin unreasonably and vexatiously extended a
7 civil action or proceeding before any court in this State. In Eberly v Eberly (1985, Del Sup)
8 489 A2d 433, a divorce action, the court assessed attorney fees against a lawyer who has
9 acted in bad faith or willfully abused the judicial process, sanctioning the wife's attorney for
10 tactics that unreasonably and vexatiously prolonged the proceedings and increased the cost
11
11
13
of representation to both parties. These tactics included ftIing repeated motions to hold the
husband in contempt for failure to pay alimony on time, even though the husband was
hospitalized and had explained to the trial court the good faith efforts he was making to
14 meet his obligations, and advising his client to deny that the marriage was irretrievably
15 broken even though she had made such an allegation herself, in order to delay the
16 proceedings. The court ordered the amount of the husband's reasonable attorney fees
17
attributable to such tactics, both at trial and on appeal, to be determined on remand and
18
19
10
11
22
13
24
25
16
17
28
assessed against the wife's attorney personally.
The extent to which the Court deemed Mr, Coughlin conduct to be vexatious or
unreasonably prolonging the proceedings in this action seems to rest on a finding that Mr.
Coughlin "argued incessantly with the Court throughout trial and made sarcastic,
derogatory remarks to the Court, Mr. Springgate, and Mr. Joshi throughout trial. The
Court notes that there were well over 40 objections during four (4) hours oftrial." Mr.
Coughlin is obliged to make such objections given that his failure to do so will prevent the
preservation of the various issues for appeal, Attorney's in Nevada's District Courts are
not obligated to take a continuing objection and contemporaneous objections are
supportable conduct under all applicable rules, One ofMr Coughlin's arguments with
Page 8
0153
2
J
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
2l
2J
24
25
16
17
28
respect to an objection concerned the admissibility of evidence of abuse or domestic
violence for the purposes of establishing monetary damages to be considered in the property
or debt distribution as well as any alimony determination There is Nevada case law that
arguably sets the precedent that the admission of evidence of such conduct for the purpose
offered is mandatory. See Catherine Mazzeo, Note, Rodriguez v Rodriguez: Fault as a
Determinative Factor in Alimony Awards in Nevada and Other Community Property
Jurisdictions, 2 NEY. LJ. 177, 182-83 (2002). The economic consequences of spousal
abuse or marital misconduct can provide compelling reasons for unequal disposition of
community property. Wheeler v. Upton-Wheeler, 113 Nev. 1185,946 P.2d 200 (1997).
In Rodriguez, the Nevada Supreme Court added example of factors that "conceivably could
from time to time be relevant as well" such as "repetitive acts of physical or mental abuse"
by one spouse "causing a condition in the injured spouse which generates expense or affects
that person's ability to work" In Wheeler, the Nevada Supreme Court "recognized that
sometimes marital misconduct results in adverse economic consequences for one of the
parties." 1!3 Nev. at 1190, 946 P.2d at 203. "We determined that a district court may
consider evidence ofthe economic consequences of marital misconduct in determining
whether an unequal division of community property is warranted." See id.
Further, the Rodriguez Court seemed to suggest that evidence of spousal abuse could
factor in to an alimony analysis, not so much as a fault factor, but as a part of an analysis of
the factors specifically set forth by statute or Buchanan. "Moreover, an exception is
unnecessary. Nevada has well settled case law that provides guidelines for the trial court to
consider when making a just and equitable alimony award. So, for example, if one spouse
commits repetitive acts of physical or mental abuse against the other, causing a condition in
the injured spouse which generates expense or affects that person's ability to work, the
physical andlor mental condition caused by the misconduct can be taken into account in two
ways: first, as a compelling reason to make an unequal distribution of property or second,
without considering evidence of fault or misconduct, the court in deciding alimony will,
per Buchanan, take that spouse's physical and mental condition into account when
Page 9
0154
1
J
4
5
examining his or her financial condition, health and ability to work" rd. at 998-99.
Mr. Coughlin sought to have this issue introduced at trial for both debt distribution and
alimony, however the Court ruled against it. To the extent that the sanctions issued relate
to a lack of evidence presented, documentary or otherwise, such an inadmissibility ruling
presents a Catch-22 Mr. Coughlin should not be sanctioned in such a situation.
Mr. Springgate seemingly misstated the holding of the Nevada Supreme Court in
Rodriguez to the Court. Mr. Coughlin should not be sanctioned for arguing objections
7 based on mandatory precedent in support of his position at trial. A similar argument exists
g for Mr. Coughlin objecting to Mr. Springgate's violation ofWDCR 5 and the Court's own
9
10
II
12
13
14
15
16
17
18
19
20
21
Pre-Trial Order with respect to attempting to have exhibits introduced into evidence
without properly identitying such exhibits previously and where Mr. Springgate failed to
comply with court rules by neglecting to provide an appropriate copy of such exhibits at the
appropriate time.
The Court's Order After Trial is instructive in pointing out the difference between
providing a copy of a document and providing a copy of an appropriately identified and
marked exhibit. "When asked ifhe had the copy of the document, Mr. Coughlin stated, "I
do not know 1 could spend my time and mental energy looking around for Mr. Springgate's
document like 1 am his assistant, or we could ask Mr. Springgate to provide a copy at the
time he is seeking admission like 1 believe the rule states." Mr. Coughlin cited no rule and
then proceeded to interrupt the proceedings twice approximately five (5) minutes and
twelve(12) minutes post ruling to re-argue the point. Mr. Springgate replied to the
arguments by referencing when exactly the copy had been provided to Mr. Coughlin during
22
discovery and where the copy could be located. The Court had to admonish Mr. Coughlin
lJ
to quit arguing the point and reiterated that the exhibit had been admitted." (Emphasis
14
15
16
27
28
added).
There is a significant difference between a document and an exhibit. An inappropriate
advantage is granted a party who can deliver a large quantity of documents in the 16.2
production, only to subsequently fail to ever properly mark or identity which of these
Page 10
0155
2
J
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
documents it chooses to make exhibits, and who then refuses to provide a copy of the
exhibit at the time its introduction is sought at trial. This places an inappropriate burden on
the receiving party to index, categorize, and maintain the 16.2 production of the party
seeking introduction of a document as an exhibit. WDCR 5 was enacted for a reason, and
this very situation argues in favor of enforcing WDCR 5 and the Court's own Pre-Trial
Order Granting Mr. Springgate such an advantage is unfair, particularly where Mr.
Springgate never filed a Case Management Conference Statement, filed his Settlement
Conference Statement at 5 p m. the day before trial (in contravention ofWDCR 5 as well),
improperly indicated in his Opposition to the Motion for Reconsideration that two
Settlement Conferences had taken place in this case when only one existed (and the one
Settlement Conference was actually combined with the first day bf trial in deference to Mr.
Springgate's request and suggestion that the parties do so in the interest of judicial
economy and, presumably, to keep Mr. Springgate's fees down for his client's benefit), and
where Mr. Springgate failed to comply with the Court's direction that he draft a Final
Decree from the Court's Order After Trial within 20 days of that Order's date of entry.
Mr. Springgate holds opposing counsel to an extraordinarily high standard considering
some of the areas in which his own execution is lacking. Further, Mr. Springgate actually
tried to argue that opposing counsel's prudence in seeking to ascertain the availability. of
having Mr. Joshi's passport put in the Court's custody pending the resolution of this matter
or the state of the law with regard to the propriety ofa spouse retaining the other spouse's
passport during a divorce proceeding was tantamount to extortion. Mr. Springgate was
threatening sanctions even at that early stage of this litigation. Surprisingly Mr. Springgate
did not assert a RICO or FDCPA claim at that time as well. Mr. Joshi's failure ever contact
anyone in his family with regard to returning Ms. Joshi's "woman's wealth" or Mr. Joshi's
24
dubious inability to remember anything about his culture's customs in this regard seemingly
25
were not relevant to Mr. Springgate's passport issue analysis.
16
17
Regardless, Judge Schumacher did not see fit to enter sanctions, as such, the law of the
18
case doctrine bars Judge Gardner from relying on that issue to support the present sanction.
Page 11
0156
2
J
4
o
7
8
9
10
II
12
13
14
15
10
17
18
19
20
21
It is simply in poor taste for counsel to constantly use the threat of sanctions in lieu of .
actually producing some written legal authority or precedent to support the positions Mr
Springgate seeks to maintain. It seems Mr. Springgate would rather prefer to attempt to
intimidate, threaten calling for sanctions, or suggest what a small little community the family
law bar is and how quickly word gets around, as opposed to present cogent legal analysis.
The Court's Order After Trial further notes that "Mr. Coughlin filed an Answer and
Counterclaim on Ms. Joshi's behalf that included allegations unsupported by law." Page 13
"The parties have two children, both of whom are now adults. Although Mr. Y oshi ( sic)
has no obligation to support said children any longer pursuant to NRS 12S.5I0(9)(b), Ms.
Yoshi (sic) requests the financial assistance ofMr. Yoshi (sic) so as to provide for the
children's continuing education. (Answer, pg. 2, Jines 16-18)" Id. at page 2 Mr Coughlin
clearly stated, on several occasions, during the Settlement Conference, to Ms. Joshi and
Judge Gardner, that there was little support for the claim Ms. Joshi continued to urgently
implore Mr. Coughlin to present, that of support for the continuing education of the party's
children, who both recently reached the age of majority. Mr. Coughlin counseled Ms. Joshi,
in front of Judge Gardner and out loud, that there was little to no chance that Judge
Gardner would rule favorably to Ms. Joshi on that issue. Mr. Coughlin's Motion for
Reconsideration, however, does establish that there is a basis in law for seeking such a
contribution. As such, sanctions are inappropriate to the extent they are based on this issue,
an issue which not a second of court time at trial was spent. Judge Gardner was present
and across the table when Mr. Coughlin implored his client to accept Judge Gardner's
strong indication that the ongoing child support or educational costs contribution issue for
22
2J
24
25
26
27
28
the adult children was a dead end that would likely try the court's patience.
"At trial, Mr. Springgate stated that Mr Coughlin had conducted no discovery in this
case. In addition, Mr Coughlin failed to present one documentary piece of evidence at trial
on behalf of Ms. Joshi's claims. Mr. Coughlin argued incessantly with the Court throughout
Page 12
0157
2
3
4
5
trial and made sarcastic, derogatory remarks to the Court, Mr. Springgate, and Mr Joshi
throughout trial. The Court notes that there were well over 40 objections during four (4)
hours of trial. Mr Springgate's objections were well-founded and continuously sustained
except in one instance. Mr. Coughlin was overruled on every objection except one and
argued with the Court over most rulings. Mr Coughlin was admonished approximately 15
times by the Court to quit arguing, to ask specific questions, to discontinue asking
6 questions calling for a legal conclusion, and to refrain from making degrading remarks to
7 both Mr.Joshi and Mr. Springgate. The Court notes that at one point, after an exhibit had
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
16
27
28
been admitted, Mr. Coughlin could not find the copy provided by Mr. Springgate in
discovery. Mr. Coughlin demanded a copy be provided at trial, stating"am I supposed to be
rifling through my papers? My understanding is that you are supposed to provide a copy."
When asked if he had the copy of the document, Mr. Coughlin stated, "1 do not know. I
could spend my time and mental energy looking around for Mr. Springgate's document like
I am his assistant, or we could ask Mr. Springgate to provide a copy at the time he is
seeking admission like I believe the rule states." Mr. Coughlin cited no rule and then
proceeded to interrupt the proceedings twice approximately tlve (5) minutes and twelve(12)
minutes post ruling to re-argue the point. Mr. Springgate replied to the arguments by
referencing when exactly the copy had been provided to Mr. Coughlin during discovery
and where the copy could be located. The Court had to admonish Mr. Coughlin to quit
arguing the point and reiterate that the exhibit had been admitted Mr. Coughlin tlled an
Answer and Counterclaim on Ms. Joshi's behalf that included allegations unsupported by
law; and tlled an Opposition to the request for return of Mr. Joshi's passport without any
factual or legal basis. Further, at trial, Mr. Coughlin presented almost no evidence to
support Ms. Joshi's requests and claims.
The most troubling aspect of this case was Mr. Coughlin's rude, sarcastic and
disrespecttul presentation at trial; Mr. Coughlin's inability to understand a balance sheet; his
failure to conduct discovery; and his lack of knowledge with regard to the rules of evidence
and trial procedure. All of this was compounded with a continuously antagonistic
Page 13
0158
2
l
4
5
6
presentation of the case that resulted in a shift from a fairly simple divorce case to a
contentious divorce trial lasting an excessive amount of time.
For all these reasons, the Court finds that Mr. Coughlin's presentation of the case and
arguments in support thereof to be unfounded in fact, unwarranted by existing law,
unreasonable, and vexatious throughout this entire proceeding."
7 Mr. Joshi's counsel's actions did not unreasonably and vexatiously extend a civil action
8 or proceeding before any court in this State.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Mr. Coughlin presents a wealth oflegal precedent and authority in support of the
position taken at trial, much coming from community property jurisdictions. Indeed, the
sum of American jurisprudence suggests the majority rule with respect to an off set of
alimony and joint obligations to third parties is in line with the position argued by Mr.
Coughlin at trial.
For example, the request to offset the husband's payment ofa pre-existing joint
obligation against a support obligation was denied when categorized by the court as a
request by the husband for contribution of the wife's share of a pre-existing joint obligation.
Maloof v Maloof, 1991 Ohio App LEXIS 523 (Ohio App, Cuyahoga Co 1991). It should
be noted that the court also found that the spouses did not agree to the offset. Id.
It is debatable whether the credit card debt Mr. Joshi asked the court to consider in
failing to award alimony is a "joint obligation". Mr. Joshi was the sole signatory on all the
credit accounts for which he presented debt at trial. While Nevada's community property
law presumes such debts were incurred for the benefit of the community, and as such, joint
obligations, the Fair Debt Collection Practice Act and Nevada's common law "doctrine of
necessaries" arguably do not expose Ms. Joshi to any liability for these debts on the facts
Page 14
0159
Z
J
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
!q
21
presented, and certainly there is little chance of personal liability being attributed to Ms.
Joshi. Further, the ability of these third party creditors to actually get and enforce any sort
of judgment against Ms. Joshi is arguably infinitesimally small, if not barred by federaJ law
and or the FDCPA See," Articles or services for husband personally as "family expenses"
or "necessaries," within statute making wife liable therefore," 13 AL R. 1396.
In an action by a hospitaJ against a wife to recover the reasonable value of hospital
services furnished during the last illness of her late husband, who died leaving no property,
and who had not abandoned or deserted his wife or secured a decree of separate
maintenance, the court held in Swogger v Sunrise HospitaJ, Inc., 88 Nev 300,496 P2d 751
(1972), that in view ofa statute providing that a wife must support her husband out of her
separate property when he had no separate property, they had no community property, and
he could not support himself, the wife's separate property was liable for the hospital debt
incurred by her husband. It accordingly affirmed a judgment of the lower court in favor of
the hospital. As a general rule, the court explained, the separate property of a wife is not
liable for the debts of her husband. It pointed out, however, that the statute in question was
an exception to the rule. The duty to support as provided in the statute, the court explained,
necessarily ran to the benefit of creditors, such as the hospital, who supplied necessaries of
life to an infirm, impecunious husband.
The facts presented in the marital dissolution at bar do not support finding Ms. Joshi
liable on a doctrine of the necessaries analysis, as Mr. Springgate suggested at (rial and
throughout this litigation Mr. Joshi is currently an able bodied and employed adult. There
was no showing that MR Joshi could not support himself
22
The court in Keck v Keck (1933) 219 Cal 316, 26 P2d 300, reversed an order which in
2J
effect allowed a husband to offset a pre-existing judgment debt in his favor against accrued
2-1
alimony owed his former wife, saying that alimony was founded on the maritaJ duty of a
25
26
27
28
husband to support his wife and not an ordinary debt, and the two demands did not by
operation oflaw compensate and discharge one another under California Code of Civil
Procedure 440. Consequently, the court decided that the husband could not, in the
Page 15
0160
1
J
4
6
7
8
9
10
11
11
13
14
15
16
17
18
19
20
11
22
manner of an ordinary judgment debtor, as a matter of right, and by motion, avail himself of
the remedy provided for by the statute. The judgment against the wife, who had been
appointed as guardian of her husband for a period of years during the marriage, arose as the
result of a settlement of guardianship accounts.
Upon the wife's order to show cause, the court in Williams v Williams (1970, 1st Dist) 8
Cal App 3d 636, 87 Cal Rptr 754, ruled that a husband could not automatically set off,
under California Code of Civil Procedure 440, his former wife's portion of a net deficit
resulting from the operation of a community property apartment house against either
alimony or child support arrearages for the reason that a support obligation was not an
ordinary debt but rather was a court-imposed marital duty. The husband had made none of
the support payments provided for in a divorce decree, but managed, by agreement, the
apartment house, discharging the loss incurred in its operation by paying taxes, trust deed
payments, and for repairs and improvements, subsequently arguing that the past-due
support obligations and the apartment house deficit were "cross demands" within the
purview of the Code which should be deemed satisfied so far that they were equal. The
court ruled that to allow the set off of a wife's portion of a net deficit resulting from the
operation of a community property apartment house against the husband's alimony
arrearages would amount to a retroactive alteration of the alimony debt which had accrued,
in violation California Code of Civil Procedure 139.
Many courts adopt a view that the support recipient's control of support funds is a
consideration in determining other spouse's right to set off The courts in the following
cases expressed or recognized the view that a set off would not be permitted where the
supporting spouse usurped the right of the recipient of support to control those funds, but
13
allowed the requested set off, or found it supportable, where the supported spouse, by
24
agreeing to an alternative means of paying the support owed, was found to have controlled
15
16
17
18
the disbursement of the funds.
Observing that support payments, whether for the wife's or child's support, are to be
disbursed by the supported spouse as she sees fit, and the supporting spouse ordinarily is
Page 16
0161
not entitled to credits against past-due support for monies that he paid to third parties on his
own accord, the court in Lopez v Lopez, (1980, App) 125 Ariz 309,609 P2d 579,
2 remanded the case for a new trial to detennine whether the wife had consented to allow
J certain indirect payments, made to doctors and dentists and others, to substitute for
~ payments to her of alimony and child support, and the grant of the requested credits
5 consequently allowable.
, Where, as the result of a dispute between the spouses, the husband made direct
7 mortgage payments on a community property, those payments could not be set off against
8 alimony due his wife according to the court in Van Morkhoven v Kleiner, (1965, La App 3d
9 Cir) 180 So 2d 601, under the rule that the wife was entitled to spend her alimony as she
10
II
chooses. It was shown that soon after a judgment of separation, a dispute arose as to
whether the wife was required to pay from an award of alimony the monthly mortgage
12 payment on the community home which she occupied, which she refused to do. Thereupon,
13 the husband made the payments directly to the mortgage holder, deducting the same
~ amount from the alimony due her. The court applied the general test to determine what
15
payments made by the husband should be credited to alimony: whether the wife had the
16
unrestricted right to determine how the funds were disbursed. DisalIowing credit for the
17
mortgage payments, the court found a clear restriction as to how the wife spent her
18
alimony.
19
Nevada case law supports the view that a Nevada court has no authority to permit set
20
off of a supported spouse's debt which was discharged in bankruptcy. Wheeler v. Upton-
21
22
2J
24
15
26
27
Wheeler, 1\3 Nev 1185,946 P2d 200 (1997). Also, it was decided in the case related
below that it was beyond the authority of the court to enter a judgment against a spouse to
whom support was to be paid, subsequent to bankruptcy proceedings, in order to effect an
offset against the support obligation for marital debts, avoided by the spouse in bankruptcy,
that the supporting spouse was required to satisfY.
Where the wife's obligations, assumed as part of the property division pursuant to the
divorce, were discharged in bankruptcy, and those debts could in no way be considered
18
Page 17
0162
nondischargeable alimony or support, it was decided in Macy v Macy, (1986, Wyo) 714
P2d 774, that the court had no authority to enter a post-bankruptcy judgment for the
2 husband, to be offset against past-due child support, for payments he had paid, as co-
3 debtor, or might ultimately be required to pay in satisfaction of the marital debts. The
4 divorce decree ordered the husband to pay child support, and awarded to the wife a van, the
5 family home, and a floral business, all subject to the indebtedness incurred against them, and
6 required her to pay approximately $13,650 in other debts, including certain credit card bills.
7 The wife was discharged in bankruptcy with respect to all of these debts. However, most of
8 the arrears in child support accrued when the husband deducted payments made on the
9 credit card debts ITom the ordered child support. The judgment appealed by the wife
10 allowed the husband to recover for all payments made on the discharged debts, then and in
II the future. The court voided most of the provisions of the judgment due to the supremacy
12
of the federal bankruptcy law, the purpose of which was to afford the debtor a new
13 opportunity in life unhampered by pre-existing debt. Moreover, the court enjoined the
14
husband, as a creditor named in the bankruptcy proceedings, from trying in any fashion to
15 offset the debts in the future. The husband was allowed to recover for post-visitation air
H b
fare he had paid in order to return the children to the wife when this obligation might e
17
18
19
21
22
23
15
16
27
categorized as nondischargeable support owed by the wife under the bankruptcy laws. The
court also was influenced in small measure by the principle that child support is for the
benefit of the children and only administered in trust for them by the wife.
And see, in the context of this discussion, ReMarriage of Mills (1989, Iowa App) 441
NW2d 416, in which the court refused to allow the offset, against support arrears, of a lien
on the marital home owed to the husband under the terms of the decree, which survived
bankruptcy proceedings, based in some part on equitable grounds, when that wife lost the
home through foreclosure, rather than profited from its sale. However, the Court in the
present case seemed to find even the impression that Mr. Coughlin might somehow
contemplate such an application was sanctionable. "Mr Coughlin cited an ALR article
regarding community debt and stated his client "does not have much for the creditors to
18
Page 18
0163
2
3
4
5
6
7
8
9
10
II
12
\J
14
15
16
17
18
19
20
21
22
23
U
25
26
17
28
take" He requested that his client assume one-half the community debt and that the Court
find Plaintiff's two $5,000 debts to family members and friends as Mr. Joshi's separate debts
Mr. Coughlin stated his client is being asked to "foot the bill" for Plaintiff's debts ... " Order
After Trial, Page 7.
The court in Maloof v Maloof, 1991 Ohio App LEXlS 523, (1991, Ohio App,
Cuyahoga Co), did not believe that it was error to deny a husband credit against his support
obligation for money paid in satisfaction of a deficiency judgment arising trom the
foreclosure sale of the marital home, in some measure, because the original mortgage loan
for the property was undertaken by the spouses prior to their divorce and, as such, the debt
was not made on the credit of alimony awarded to the wife subsequently. Consequently,
according to the court, the husband, as an assignee standing in the shoes of the lending
institution, the assignor, could not attach alimony and child support payments to collect on
the judgment when the lending institution could not have done so.
Where the husband sought credit for one-half the payments of debts on various jointly
owned properties, the court in Hanshaw v Hanshaw, (1988, W Va) 377 SE2d 470, held it
was proper to refuse to off set unpaid temporary alimony owed to the wife by such
payments when the debts were incurred prior to the spouses' separation.
The court in Morel v Morel (1982, La App 5th Cir) 425 So 2d 1289, cert den (La) 430
So 2d 99, ruled that payments, not in compliance with the support order, on a community
obligation incurred to purchase an automobile in possession of the wife were not available
to reduce arrears in alimony pendente lite and child support when those payments were
recoverable by the husband at the time of the settlement of the marital community, and the
wife did not agree that they should be made in lieu of support payments. The wife's later
request that the husband make the payments, together with several other indirect payments,
was found insufficient to prove an offset against arrears that accrued during the period at
Issue.
A husband who had paid community automobile loan payments was properly denied
credit for his wife's share of such payments against his accrued alimony obligation to her
Page 19
0164
J
4
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
1I
22
23
where the parties had not "clearly agreed" that the husband's payments on the vehicle were
in lieu of part of the alimony obligation, according to the court in Thompson v Thompson
(1983, La App 1st Cir) 428 So 2d 858. The rule applied by the court was that an alimony or
child support judgment remains in force until the party liable applies to the court and
obtains a modification, unless the party to whom payments are made requests or consents to
indirect payments or waives the payments. Although the wife had been aware that the
husband was making payments on the vehicle because she called the lender each month to
ask if he had, and she would have used any equivalent amount paid directly to her to
discharge the same debts, the court found that, at most, the wife had merely acquiesced in
the husband's payments on the vehicle rather than agreed to an alternative method of
alimony payment The court also noted that the husband admitted that there was no mention
of alimony at the time he expressed the desire to provide his wife with transportation The
court did agree that the results in this case were inequitable, and that a tacit understanding
between two adults as the parties here obtained should be permissible in law in those cases
not involving child support. The court suggested that the husband was free to seek
appropriate credit for discharging a community obligation in a property settlement with his
wife, but rejected the argument that she was personally liable to him for the amount paid
under a theory of quasicontract.
Some courts have refused an offset when the obligation associated with an automobile
or residence was incurred prior to the divorce and, thus, the payment benefited the spouse
obligated to pay support as welL
Where the wife testified that she used the credit card to "balance out" household
expenses for herself and the children while the couple was separated, the court in
24
27
28
Youngberg v Youngberg (1986, La App 4th Cir) 499 So 2d 329, would not permit an
offset against postdivorce permanent alimony and child support arrearages for one-half of
the credit card charges. The husband had been ordered to pay alimony pendente lite and
child support during the period in which the charges were made, but was current in his
Page 20
0165
2
J
4
6
7
K
,
10
11
12
13
14
15
16
17
18
19
20
21
22
payments at that time, and asserted that the wife made the charges without the his
permission. The wife maintained that the credit card charges were for expenses for which
the husband was responsible. The court concluded that neither spouse intended such a
credit when the husband paid the credit card account balance, denying the offset apparently
based on the lack of evidence of an agreement between the parties.
In the following cases, in which the particular type of payment or debt was not
disclosed by the court or at issue, it was decided that a spouse was not entitled to the
requested set off against accrued alimony.
In Bruner v Bruner (1978, La App2d Cir) 356 S02d 1101, cert gr(La) 358 So 2d 641,
it was held that the trial court erred in allowing a husband credit or an offset against a
claimed arrearage of alimony pendente lite for payments made by him to third parties on his
wife's behalf where the evidence did not show that the payments were made at the request
of, or with the consent of, his wife. Had Ms. Joshi consented to the settlement agreement
she was so urgently implored to accept, she could not avail herself of this argument. A
husband was not entitled to credit against arrears in pendente lite maintenance and child
support for voluntary payments he made to third parties for his wife's benefit, according to
the court in Krantz v Krantz (1991, 2d Dept) 175 App Div 2d 865, 573 NYS2d 738, on the
ground that several of the payments also satisfied the husband's contractual obligations.
Credit Matters:
Things are less than cheery for creditors pursuing premarital debt, or a debt incurred by
only one of the spouses after marriage. This is not Mr. Coughlin's fault and he should not
be sanctioned on account of this. Nevada does, however, recognize "the doctrine of
2J
24
25
26
27
28
necessaries." NRS 123.090 provides:
"If the husband neglects to make adequate provision for the support of his wife, any
other person may in good faith supply her with articles necessary for her support, and
recover the reasonable value thereof from the husband. The separate property of the
husband is liable for the cost of such necessities if the community property of the spouses is
Page 21
0166
not sufficient to satisfY such debt."
See Rodgers v. Rodgers, 110 Nev 1370,887 P.2d 269 (1994); Lewis v. Hicks, 108
2 Nev. 1107,
J 16; 843 P2d 828 (1992), contra, Phillips v. Morrow, 104 Nev 384, 760 P.2d liS
4 (1988).
5 However, a curious duality existed in the Joshi Trial. The Court seemed to be upset
6 with Mr. Coughlin, implying some bad faith to the extent that the position Me Coughlin
7 argued might somehow take advantage of the creditors difficulty in forcing Ms. Joshi to pay
8 them on accounts to which Me Joshi is the sole signatory. The Court's consternation in
9 this regard was in strange incongruity to the claims ofMr. Springgate that the doctrine of
10 necessaries would necessarily aid these creditors in executing upon Ms. Joshi's property. It
11 would seem one cannot have it both ways.
12
NRS 123 1 to states a different standard for when husbands must be supported by
13 wives:"The wife must support the husband out of her separate property when he has no
14
15
16
separate property and they have no community property and he, from infirmity, is not able
or competent to support himself"
This statutory exception to the protection of separate property only applies if a creditor
17
supplies goods or services "necessary" for the life of the other spouse. Although the limits
18
of this have not been defined, the Nevada Supreme Court has held that a husband cannot be
19
20
11
22
held personally liable under NRS 123 090 for the debts of his wife which were incurred
pursuant to a contract to rent an automobile Ferreira v. P.c.H. Inc., 105 Ney. 305, 774
P2d 1041 (1989) Thus, it is likely that the word "necessary" will be narrowly construed by
the Nevada courts, therefore providing protection for the personal property of spouses.
23
24
25
27
18
The facts of the case at bar do not support holding Ms Joshi personally liable for Mr.
Joshi's attorney's tees, as Mr. Springgate state the law required, nor do they support
precluding Ms Joshi an appropriate alimony award in light of the fact that Mr. Joshi chose
to be the sole signatory on all his credit accounts. Me Joshi wanted the power and control
of being a sole signatory, he should not be rescued by the doctrine of the necessaries.
Page 22
0167
2
Regardless, Mr. Coughlin should not be sanctioned for failing to agree to such a rescue of
Mr. Joshi.
J By way of analogy, Nevada case law has expressed the burden of proof as one of clear
and certain evidence that a lender or vendor primarily relied on that spouse's separate
5 personal property to secure the credit - rather than on that spouse's earning capacity - to
6 establish that loan proceeds are separate property. This is known as the "intent of the
7 lender" test See Schulman v. Schulman, 92 Nev. 707, 716-17, 558 P.2d 525,530-31
8 (1976). Conversely, the argument can be made that Mr. Joshi's the debts on the accounts
9 to which Mr. Joshi is the sole signatory should not be viewed as community debts given that
10 the lender apparently did not consider Ms. Joshi's status at all. Further, federal law may
11
12
13
14
15
16
17
18
19
W
21
22
prevent such consideration in the event Mr. Joshi qualified for credit on his own. Creditors
thus need to have the signature of both parties on an application for credit in order pursue
collection of the credit debt from both parties.
As a theoretical matter, creditors would appear to be restricted to collection against the
person (or property of the person) incurring the obligation, either during the marriage, or
after the divorce. At least when the creditor is someone other than a former spouse of one
of the parties to the marriage, as in Greear v. Greear, supra, 303 F.2d 893 (9th Cir. 1962).
As a practical matter, this restriction appears to provide no barrier; banks do not typically
care about the source of money in accounts being garnished, but only the name on the
account (See, also, Dimick v. Dimick, 112 Nev. 402, 915 P 2d 254 (1996) (husband's
signature of both spouses' names on a trade-out purchase agreement, and both parties'
signatures on "vesting instructions" that would have made them joint tenants of the
2J
25
26
27
18
property at the close of escrow, did not actually transfer any property interest to the wife.
One notable exception - by which one spouse can create a debt that becomes an
obligation of the other spouse as a matter oflaw - is through "the doctrine of necessaries,",
discussed above, although the stated statutory grounds for when husbands' property is
liable for the support of wives is different from that in which wives' property is liable for the
Page 23
0168
2
J

5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
support of husbands.
The only appellate case discussing the 1873 statute for a husband's payment of
"necessaries" for a wife indicates that the terms "necessary for her support" and
"necessities" will be construed
somewhat closely. In one such Nevada case, a husband was found not liable for his
wife's car
rental for "failure to provide adequately for her support" where there was no conversion
of the
automobile and no proof of community purpose in its rental. This argues in favor of the
position Mr. Coughlin argued at trial. Ferreira v. P.c.H. Inc., 105 Ney. 305, 774 P.2d 1041
(1989); see, also, United Fire Ins. Co. v. McClelland, lOS Nev. 504, 780 P.2d 193 (1989).
NRS 123.110 states a gender-based standard for when husbands must be supported by
wIves:
The wife must support the husband out of her separate property when he has no
separate property and they have no community property and he, from infirmity, is not able
or competent to support himself
If a debt is incurred during marriage and owed by both spouses, nothing in the divorce
decree
prevents the creditor from chasing whichever spouse it chooses for payment. Marine
Midland Bank v. Monroe, 104 Nev. 307, 756 P2d 1193 (1988). Whether one must be a
signatory for the debt to be "owed" is somewhat dependant on who is doing the enforcing,
the creditor or a Family Court Judge and whether or not more than one spouse was a
signatory on the credit application. Of course, where such a creditor chases one spouse for
2J
a debt allocated to the other upon divorce, the spouse saddled
24
with the other's adjudicated debt has recourse to the divorce courts to obtain
25
26
27
28
reimbursement See, e.g., Putterman v. Putterman, supra, 113 Nev 606,939 P.2d 1047
(1997) (upholding the trial court's unequal division of community property for, among
other things, the husband's violation ofajoint preliminary injunction by charging several
Page 24
0169
thousands of dollars in credit card debt after the separation, which the wife paid).
Strangely, while spouses cannot do so directly, to some extent the duty of support can
2 be enforced indirectly, but this seems primarily to benefit creditors, not a market-
3 disadvantaged spouse. Under the doctrine of necessaries the untitled spouse, in theory, is
4 allowed to pledge the other spouse's credit to purchase a necessary. A creditor-but not a
5 spouse-may have the right to sue to enforce the duty and collect the debt. For a recent
6 article arguing that the necessaries doctrine and the community property regime more
7 broadly, may place creditors' rights above spouses, see Andrea Carroll, The Superior
8 Position of the Creditor in the Community Property Regime: Has the Community Become a
9 Mere Creditor Collection Device?, SANTA CLARA L. REV. 1 (2007)
10
II
12
Creditors do rely on the support doctrine quite regularly, particularly medical care
providers. A typical example is where medical care is provided with the assumption that the
patient spouse will pay, but then does not. At that point (frequently after the death of the
13 patient spouse), the medical care provider attempts, often successfully, to establish liability
14 of the non-patient spouse based on the necessaries doctrine. The non-patient spouse is often
15
16
17
18
19
20
21
22
23
U
26
27
held accountable for the medical bills, and even non-marital wealth can be reached. See,
e.g., Jersey Shore Med. Ctr Fitkin Hosp. v. Estate of Baum, 417 A.2d 1003, 1010 (N.J.
1980). Courts have recently grappled with whether liability is sole, joint, or primary and
secondary. The trend seems to be toward primary liability for the debtor spouse and
secondary for the non-debtor Mr Joshi's sole signatory debts are largely very poor
candidates for a doctrine of the necessaries approach towards Ms. Joshi by the various
creditors. Mr. Joshi did have about $7,000 of medical debt for a surgery, but to the extent
that Mr. Joshi seemingly had no idea what surgery was performed or why, it was arguably
not a necessary procedure. The fact that the hospital or medical provider apparently
"wrote-off' nearly $50,000 of the debt would argue against such an application as well
The third party creditors in this case (especiaJly considering the bulk of the debt is not
medical debt) likely reaJize it is not at all clear they will have a right to get paid by Ms.
Joshi, and even if they do, it likely will take costly litigation to determine liability. See, e.g.,
2S
Page 25
0170
Marie T. Reilly, You and Me Against the World: Marriage and Divorce from Creditors'
I Perspective, in RECONCEIVING THE FAMILY 195, 196 (Robin Fretwell Wilson ed.,
2 2006).
J Mr. Joshi's arguments concerning his sole signatory credit debts largely based on the
4 illusory promise of the necessaries doctrine For further discussion and citations regarding
5 the merchant's burden of proof, see id. See, also, Mistaking Marriage for Social Policy,
6 Vivian Eulalia Hamilton, William & Mary Law School, Virginia Journal of Social Policy and
7 the Law, Vol. 11, p. 307, Spring 2004. The Settlement offered to Ms. Joshi was, therefore,
8 largely a chimera. Mr. Coughlin indicated as much in court. He should not be sanctioned
9 for that. Actually, one may consider Mr. Coughlin's recognition of such an arcane wrinkle
10
II
12
in the law to be fairly impressive for an attorney being paid at the low end of salaries for one
in the legal profession. Such analysis does not come without substantial dedication. This
seemingly would not be a reason to levy a sanction. Wherefore, the Order should not be
13 maintained, the Request for Reconsideration granted.
14
15
16
17
18
19
20
21
22
lJ
24
25
26
21
28
Page 26
0171
2
J
4
5
6
7
8
9
10
Pursuant to NRCP 5(b), I certifY that I am an agent of Zach Coughlin, Esq and that on
within Reply to Opposition, fully addressed to.
203 S Arlington Ave.
Reno, NV 89501
13
14
15 Dated this 20
th
Day of May, 2009.
16
17
18
19
20
21
22
23
24
25
26
21
18
Isignaturel Melissa Ulloa
Melissa Ulloa
Page 27
0172
1
INDEX TO EXHIBITS
2 L Exhibit # 1- Thirty (30) pages long
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
W
21
22
2J
24
25
26
27
28
Page 28
0173
V'
I
8
9
10

CODE:
Marc Ashley, Esq.
Nevada Bar No. 8326

F\LEO
299 South Arlington Avenue HOtiARU W. CiJNYERS
Reno,NV89501 ~ A / / ~
Telephone: (775) 785-5712 BY
Facsimile: (775) 324-5509 DEPUTY
Attorneys for DefendantlCounterclaimant
IN THE FAMILY DMSION
IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF
NEVADA IN AND FOR THE COUNTY OF WASHOE
ASHWIN JOSHI,
11 vs. Case No.: DV08-01l68
12 BHARTI JOSHI, Dept. No.: 14
13
14
DefendantlCuunterclaimant.
IS MOTION TO CORRECT PROPOSED DECREE
16 BHARTI JOSHI, DefendantiCounterclaimant, by her attorneys, Washoe Legal Services by Marc
17 Ashley, objects to the form of the Findings of Fact, Conclusions of Law, and Decree of Divorce and
18 moves that it be corrected because key provisions have been omitted through mistake, inadvertence or
19 excusable neglect, as more fully set forth in the attached Memorandum of Points and Authorities.
20
21
22
23
24
25
26
27
28
DATED this 26th day of May, 2009.
0174
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
L

NRCP Rule 60 allows a Court to relieve a party from the terms of a final judgment, order or
other proceeding on the grounds of mistake, inadvertence or excusable neglect. Defendant in this case
contends that the final decree was to have contained certain provisions to protect her in case Plaintiff
fails to pay the indebtedness he has been ordered to pay. These debts are in Defendant's name and they
will be asserted against her if he does not payor files bankruptcy.
Specifically, in its Order After Trial, page 6 lines 18-20, the Court notes that ''to protect Ms.
Joshi in the event Mr. Joshi filed for bankruptcy, Mr. Joshi suggested that the court mintainjurisdiction
over the issue of spousal support for five years." It was Defendant's understanding that this was to be
done through an award of maintenance of One Dollar ($1.00) per year for five years. If Plaintiff ceased
paying the debts, she would then be able to request maintenance to offset the added payments. In
discussing the form of the decree with Plaintiff's attorney, he was likewise of this understanding and
maintained that the $1.00 per year language would be in the final decree. However, in preparing the
final papers he noticed that the court denied maintenance altogether at page 11, lines 17-18, so did not
include the expected language.
Accordingly, Defendant moves the court to amend the order to include an award of maintenance
in the amount of One Dollar ($1.00) per year for five years, so Defendant will have recourse to protect
her credit if Plaintiff defaults on the debts in her name.
The debt on the car which is titled in Plaintiff's name and their daughter is also in Defendant's
personal name. Defendant was of the understanding that Plaintiff was also to re-title the car in the name
of Defendant and their daughter, and Defendant moves for amendment of the order to accomplish this.
Dated this 26
th
day of May, 2009.
2
Marc Ashley, Esq.
State Bar No. 8326
Reno, NV 89501
775-329-2727 ext. 5716
0175
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

CERTIFICATE OF SERVICE BY MAIL
Pursuant to NRCP 5(b), I hereby certify that I am an employee of Washoe Legal Services, and that
on day of May, 2009, I served the foregoing:
MOTION TO CORRECT PROPOSED DECREE
by depositing with the United States Postal Service, postage prepaid, at Reno, Nevada, a true and correct
copy of the within document addressed to:
Law Offices of
Reno, NV 89501
AFFIRMATION PURSUANT TO NRS 2398.030

Deborah Pringle, CP
An employee o/Washoe Legal Services
3
0176
F I L E D
Electronically
06-08-2009:08:55:54 AM
Howard W. Conyers
Clerk of the Court
1 CODE: 2645
2 NevadaBar#1350
3 Reno, NV 89501
Telephone: 775.323.8881
5
6
7
8
9 ASHWIN JOSHI,
10
11 vs.
Plaintiff,
12 BHARTI JOSHI,
* * * * *
DEPT. NO.: 14
13
14
Defendant.
______________________
OPPOSITION TO MOTION TO
15 CORRECT PROPOSED DECREE
16 COMES NOW Plaintiff, ASHWIN JOSHI, by and tluough his counsel of record, JOHN
17 P. SPRINGGATE, ESQ., and opposes the Motion to Correct Proposed Decree in the above-
18 entitled matter. This motion is made and based upon the attached Memorandum of Points and
//--/--
19 Authorities, and all papers and pleadings on file in this action.
20 DATED this ( June, 2009.
21
22
23
24
25
26
27
28
0177
2 A proposed Decree has been provided to the Court, conforming to the Court's Findings of
3 Fact and Order After Trial. Mr. Ashley, counsel for Ms. Joshi, has timely moved this Court for
4 relief either from that Order or to correct the proposed Decree.
5 In their arguments to the Court at trial, Mr. Joshi had suggested that the Court incorporate
6 in its Order an award of maintenance of$1.00 per year for five (5) years to protect Ms. Joshi in the
7 event that the distribution of debt required a personal bankruptcy. While Ms. Joshi would be
8 entitled to come back to the Court under Siragusav. Siragusa, 108 N. 987 (1992), and its progeny,
9 and seek relief, it was cettainly easier to maintain jurisdiction in the Court with that award.
10 However, the Comt denied maintenance entirely in its Order After Trial, as Mr. Ashley sets
11 forth in his motion. Accordingly, counsel for Plaintiff cannot stipulate to the request for relief and
12 submits it to the Court.
13 DATED this day of June, 2009.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
TE, ESQ.
0178
2 Pursuant to NRCP 5(b), I hereby certify that I am an employee of THE LAW OFFICES OF
3 JOHN SPRlNGGATE, and that on this date I personally served at Reno, Nevada, a tlUe copy of
4 the within OPPOSITION TO MOTION TO CORRECT PROPOSED DECREE, fully
5 addressed to:
6 Marc Ashley, Esq.
Staff Attorney
7 Washoe Legal Services
8 Reno, NV 89501
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
by Federal Express or other overnight delivety
Dated thiSS+b.day of June, 2009.
a.
-3-
0179
ASHWIN JOSHI,
Plaintiff,
vs.
BHARTI JOSHI,
Defendant.

***
FAMILY COURT
(REQUIRED)
DEPT. NO.: 14
LAST PAGE to every motion or other paper filed pursuant
I. Has a final decree or custody order been entered in this case? then
continue to Question 2. If!!Q, you do not need to answer any other questions.
then continue to Question 3. If no, you do not need to answer any other
questions.
child SUppOlt?
the Judge's Order.
NO
X
X
X
X
B. If you answered NO to either Question I or 2 or YES to Question 3 or 4, you are exempt from the $25.00 filing fee.
However, if the COUIt later determines you should have paid the filing fee, your motion will not be decided until the
$25.00 fee is paid.
I affirm that the answers provided on the Notice are true .. {'
Date: June 8, 2009 Signature: a.

Print Name: John P. Springgate, Esq., Attorney At Law
Reno, Nevada 8950 I
Telephone: 775-323.8881
.
0180
2
II
12
Code 2475
Zach Coughlin, Esq.
BarNo. 9473
945 W. 12'h St.
Reno, NV 89503
Phone 7753388118
on behalf of himself

IJ Ashwin Joshi,
Dept. 14
14
15
16
17
18
19
21
22
2J
24
25
26
27
28
Plaintiff,
vs.
Bharti Joshi,
Defendant
MOTION TO STRIKE; or in the alternative Mr. Coughlin's OBJECTIONS TO
PLAINTIFF'S REOUEST FOR SUBMISSION OF FINDINGS OF FACT,
CONCLUSIONS OF LAW AND DECREE OF DIVORCE; AND 2) MOTION TO
STRIKE PLAINTIFF'S REOUEST FOR SUBMISSION OF PROPOSED DECREE OF
DIVORCE
COMES NOW, Zach Coughlin, Esq., on behalf of himself (and not on behalf of his
former client Ms. Joshi) with respect to the personally liability for attorney's fees
pursuant to NRS 7.085, and commenting to the Court in regard to his former
representation of the Defendant, Joshi Bharti, and moves the Court to grant his Motion
Page 1
0181
2
l
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22

to Strike the FINDINGS OF FACT, CONCLUSIONS OF LAW, & DECREE OF
DIVORCE submitted by John Springgate, Esq. on May 22'd , 2009. This motion is
made and based upon the attached memorandum of points and authorities and all the
papers and pleadings on file in this action.
DATED this 29
th
of May, 2009
WDCR Rule 9 holds that "Preparation of findings, conclusions, and judgment. In a
non-jury case, where a judge directs an attorney to prepare findings off act, conclusions
oflaw, and judgment, the attorney shall serve a copy of the proposed document upon
counsel for all parties who have appeared at the trial and are affected by the judgment.
Five days after service counsel shall submit the same to the court for signature together
with proof of such service."
Mr. Coughlin was not appropriately served a copy of this proposed Order by either
Mr. Springgate or anyone connected with Washoe Legal Services. It is important to
2l
24
25
26
27
28
note that Mr. Coughlin is not Ms. Joshi's attorney anymore, however, WDCR 9 calls for
the attorney, here Mr. Springgate per the court's instructions, to "serve a copy of the
proposed document upon counsel for all parties who have appeared at the trial and are
affected by the judgement."
Mr. Coughlin is arguably a intervening real party in interest, though he has not
Page 2
0182
2
J
4
5
6
7

technically made such an appearance. Mr. Coughlin is likely not a "party" for the
purposes of a NRAP 3A analysis (attorney representing a client in a case is not a party to
the action and does not have standing to appeal. Albany v. Arcata Associates, 106 Nev.
688, 799 P2d 566 (1990). However, the FINDINGS OF FACT, CONCLUSIONS OF
LAW, & DECREE OF DIVORCE Mr. Springgate has submitted does affect Mr.
Coughlin. Further the proposed final decree Mr. Springgate submitted does not contain
a sufficiently detailed or specific recitation of why attorney's fees sanctions were entered,
8
9
10
11
12
1J
14
15
16
17
18
19
20
21
22
2J
24
25
26
27
28
as called for by NRCP 11 and NRS 7.085. By way of analogy such specificity was
required in Houston v. Eighth Judicial District Court, 122 Nev. Adv. Op. 51 (2006).
Mr. Coughlin is not Ms. Joshi's attorney; however, to some extent Mr. Coughlin
will be affected by the shape Ms. Joshi winds up in after all is said and done in this
divorce matter. As such Mr. Coughlin would like to voice his objection (while
requesting and reserving additional time to have an appropriate opportunity, in
compliance with WDCR 9 to review the proposed Order and voice further objections)
with respect to the proposed final decree's amibiguity, and or silence, with respect to the
characterization of the debt distributed and whether such a distribution is in some way a
form of alimony in light of the restrictions found in 11 USC 523(a)(5) and 523(a)
(15).
Under 523(a)(15), many courts have held that there must be "hold harmless" or
other indemnification language in a divorce decree in order for one spouse to be
obligated to avoid discharge. See, In re: LaRue, 204 B.R. 531, 535 (Bankr. E.D. Tenn.
1997) Hold harmless agreements and indemnity provisions contained in divorce decrees
are often times characterized as non-dischargeable support awards in bankruptcy,
although the underlying debts to third parties may still remain dischargeable. Bailey v.
Bailey, 254 B.R 90 1 (6thCir. B.A.P. 2000). The debt is non-dischargeable to the ex-
spouse to extent that the other party is required to pay it. Sanders v. Lanfare, 187 B.R.
Page 3
0183
2
J
4
5
6
7

588 (Bankr. W.D. Va. 1996). Other courts have held that debts owed to third parties may
not qualify for non-dischargeability under 523 (a)(5) and (a)(15) without a hold-
harmless provision creating the debt to the ex-spouse. Gibson v. Gibson, 201 B.R. 113
(Bankr N.D.Oh. 1997); McCracken v. LaRue, 204 B.R. 531,535 (Bankr. E.D.
Tenn. 1997).
Pursuant to 523(a)(5), "a given domestic obligation is not dischargeable ifit is
'actually in the nature of' alimony, maintenance, or support." In re Harrell, 754 F.2d 902,
8
904 (11 th Cir.1985). Whether a given debt is in the nature of support is an issue of
9
10
11
12
IJ
14
15
16
17
18
19
W
21
22
lJ
24
25
26
27
28
federal law. In re Strickland, 90 F.3d 444, 446 (II th Cir.1996). Although federal law
controls, state law does "provide guidance in determining whether the obligation should
be considered 'support' under 523(a)(5)" Id. To make this determination a bankruptcy
court should undertake "a simple inquiry as to whether the obligation can legitimately be
characterized as support, that is, whether it is in the nature of support." In re Harrell, 754
F.2d at 906.
In conducting this inquiry, a court cannot rely solely on the label used by the
parties. As other courts have recognized, "'it is likely that neither the parties nor the
divorce court contemplated the effect of a subsequent bankruptcy when the obligation
arose.' "In re Gianakas, 917 F.2d 759, 762 (3d Cir.1990) (citation omitted). The court
must therefore look beyond the label to examine whether the debt actually is in the
nature of support or alimony. Id. A debt is in the nature of support or alimony if at the
time of its creation the parties intended the obligation to function as support or alimony.
See In re Brody, 3 F.3d 35, 38 (2d Cir.1993); In re Sampson, 997 F.2d 717, 723-24
(lOth Cir.1993); In re Davidson, 947 F.2d 1294, 1296-97 (5th Cir.l991); In re Gianakas,
917 F.2d at 762; Williams v. Williams, 703 F.2d 1055, 1057-58 (8th Cir.1983). Thus,
"the party seeking to hold the debt nondischargeable has the burden of proving by a
preponderance of the evidence that the parties intended the obligation as support .... " In
Page 4
0184
2
l
4
5
6
7
8
9
10
11
12
1J
14
15
16
17
18
19
20
21
22
2J
24
25
26
27
28

re Sampson, 997 F. 2d at 723.
However, the above analysis and precedent must be considered in light of the
recent BAPCP A, as at least one court has ruled that debt arising from a divorce decree
was non-dischargeable even where it was not alimony or support. Proctor v. Tulloss,
Adv. No. 06-4112, 2007 Bankr. LEXIS 1571 (Bankr. N.D. Ga., March 21,2007).
(Debtor's obligation, pursuant to a divorce decree, to pay for ex-spouse's vehicle was
non-dischargeable pursuant to Section 523(a)(15).) The BAPCPA amendments also
omit any time limt for contesting the dischargeability of such debts.
Further, it is unclear whether the stipulations to extend the time for filing a Motion
for Reconsideration allows for filing such a proposed decree at this time or the extent to
which that stipulation applied to Mr. Coughlin's interests, albeit the fact that this Court
has entered an Order Denying Mr. Coughlin's Motion for Reconsideration (though
apparently entered prior to receiving Mr. Coughlin's Reply to Opposition) may be
dispositive in that regard.
Accordingly, the undersigned asks the Court to strike the proposed final decree
given the non compliance with WDCR 9 and the other objections cited above.
Page 5
0185
2
J
4
5
6
7
8
9
10
11
12
13
15
16
17
18
19
20
21
22
2J
24
25
26
27
28

Pursuant to NRCP 5(b), I certify that I am an agent ofZach Coughlin, Esq. and that on
the 29
th
day of May, 2009, I electronically filed at Reno, Nevada, a true copy of the
within MOTION TO STRIKE; or in the alternative Mr. Coughlin's OBJECTIONS TO
PLAINTIFF'S REQUEST FOR SUBMISSION OF FINDINGS OF FACT,
CONCLUSIONS OF LAW AND DECREE OF DIVORCE; AND 2) MOTION TO
STRIKE PLAINTIFF'S REQUEST FOR SUBMISSION OF PROPOSED DECREE OF
DIVORCE, fully addressed to
JOHN P. SPRTNGGATE, Esq.
Reno, NV 89501
Marc Ashley, Esq. or Caryn Sternlicht, Esq.
Reno, NY 89501
AFFIRMA nON PURSUANT TO NRS 239B.030
Dated this 29
th
Day of May, 2009
e l i s s a ~ ~
Melissa Ulloa
Page 6
,...
0186


)
__ ___
)
F AMIL Y COURT
___ '---I
)
)
(REQUlRED)
CASE NO 0 . oil 6Y
DEPT NO.
\\l
\
LAST PAGE to every motion or olher paper filed pursuant to chapter 125, 125B
or 125C ofNRS and to any answer or response to such a motion or other paper.
A.
Mark the CORRECT ANSWER with an X.
YES NO
I. Has a final decree or custody order been entered in thIs
[XJ (Jg
case? then continue to Question 2. Ifno, you do not
need 10 answer any other questions.
2. Is this a mohon or an opposition to a motion filed to
D
Iv I
no. you do not need to answer any other questions.
/
,
3. Is this a motion or an opposition to a motion filed only to
0
4. Is this a motion or an Opposilion to a motion for
D
C?J
within 10 days of the Judge's Order?
Date
date found on the front page of the Judge's Order.
B.
If you answered NO 10 either Question I or 2 or YES to QuestlOn 3 or 4, you are exempt
from the $25.00 filing fee However, if the Court later determines you should have paid the
I affirm the answers provided on this Notice are true. (1 /:/'
Dale 01 SIgnature
/ /' 'L
) PnntName' --2 "'-..c\ ....... '\ '\..
q"') \ k4=r,J '> .
Print Address
Telephone Number:
Rev. 10/24/2002
0187
= '" - >-
s...::>-
_ .... :J.>J
_ IDe

_ ... ., ..... 0
0
=ISIZ ... 1l)
_ ' ...... s...D
-OO3 ...... ..c

= >If.I ..... <vc
ncrn3
,
10
11
12
Code 2645
Zach Coughlin, Esq.
BarNo. 9473
945 W. 12'h St.
Reno, NV 89503
Phone 7753388118
on behalf of himself

'.
zon9 JUN -8 A1110: 51t
IN THE FAMJL V DIVISION
Case No,: DV08-01168
13 Ashwin Joshi,
Dept. 14
14
15
16
17
18
19
21
12
14
26
27
28
Plaintiff,
vs,
Bharti Joshi,
Defendant
OPPOSITION TO MOTION TO STRIKE
COMES NOW, Zach Coughlin, Esq., on behalf of himself (and not on behalf of his
former client Ms, Joshi) files this Opposition to Mr. Joshi's Motion to Strike,
DATED this 29
th
of May, 2009
Page 1
0188
2
3
4
5
6
7
8

Mr. Joshi argues that Mr. Coughlins Appeal (which was also plead in the
alternative as a Petition for Writ of Mandamus) is untimely in that there may not have
been a final order.
"There is simply no principled reasons to distinl,'Uish the appealability of an order
determining liability on motion for summary judgment ITom the appealability of such an
order after trial" Metropolitan Dade County v. Green, 596 So. 2d 458 (Fla. 1992).
An appeal could not be interlocutory where it was ITom a final order after trial. People
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1.5
26
27
28
v. Voss, 191 Colo. 338, 552P.2d 1012(1976) Anorderofadistrictcourtdenyingwrit
of mandamus is a "final judgment" within meaning of rule authorizing appeals ITom final
judgments. Rules App.Proc, Rule 3A(b)(l). Ashokan v. State, Dept ofIns., 1993, 856
P.2d 244, 109 Nev. 662.
It is not at all clear that the Order After Trial entered by Judge Gardner on April
12'\ 2009 is not an appealable final order. It certainly is not worth risking given the
deadline for filing an appeal is jurisdictional. The question is perhaps irrelevant,
however, given that this case will likely be treated as a Petition for Writ of Mandamus
which has not similar jurisdictional deadline within which to file. Mr. Coughlin will be
submitting a Writ for Petition of Mandamus that fully complies with the dictates of
NRAP 21 very soon, likely before June 15'\ 2009. There is sufficient precedent to
support a Petition for Writ of Mandamus to challenge sanctions against and attorney
issued by a district court. Houston v. Eighth Judicial District Court, 122 Nev. Adv. Op.
51 (2006); Office of Washoe County Dist. Atty. v. Second Judicial Dist Court ex reI.
County of Washoe, 2000, 5 P.3d 562, 116 Nev. 629; "A writ of mandamus will issue to
control a court's arbitrary or capricious exercise of discretion." Marshall v. District
Court, 108 Nev. 459, 466, 836 P2d 47,52 (1992).
While Mr. Springgate has seemed to indicate that he sees such an appeal or
Page 2
0189
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

mandamus action to be a big waste of everybody's time, he also writes to Mr. Coughlin,
in a May 21 ", 2009 letter to direct him to drop the appeal, "buy his way out of the
sanctions" and, instead, "work on repairing your [Mr. Coughlin's 1 reputation with the
Family Court Judges." Mr. Springgate gives not explicit indication of exactly how Mr.
Springgate knows what the "Family Court Judges" consider Mr. Coughlin's reputation to
be or the extent to which Mr. Springgate plays a role in formulating these views. Mr
Springgate's statement veers dangerously close to violating the NEVADA RULES OF
PROFESSIONAL CONDUCT Rule 8.4, which proscribes "Misconduct. It is
professional misconduct for a lawyer to: (e) State or imply an ability to influence
improperly a government agency or official or to achieve results by means that violate
the Rules of Professional Conduct or other law."
Mr. Coughlin does not see challenging the sanctions in this case as a waste of time.
Rather, it is a necessary step in preserving or creating an environment where attorneys
feel safe in zealously advocating for clients, where sanctions are required to be
sufficiently detailed and specific so as to reduce the chance of sanctions being used for
purposes for which they are not intended or based on rationale that is impermissible, and
to counteract the growing tide of attorneys who would rather imply they enjoy some
vague and ominous influence while calling for sanctions than find, apply, and argue
precedent. On that note, Mr. Springgate's Motion to Strike contains no precedent at all
to help this Court determine whether its Order After Trial is a "final order" and thus
appealable This is similar to Mr. Springgate's asking for sanctions without citing any
cases, much less one's that have some cognizable relation to the conduct for which the
Court apparently took issue. Perhaps that is because the positions Mr. Springgate
asserts are contradictory, which makes it hard to accurately argue that Mr. Coughlin was
proceeding in bad faith. One cannot argue that Ms. Joshi will be easily pursued by
creditors collecting on the accounts to which Mr Joshi was the sole signatory via a
Page 3
0190
1
1
3
4
5
6
7

doctrine of necessaries theory while also asserting that Mr. Coughlin's alleged conduct
exhibits "bad faith" in that Ms. Joshi would apparently also be judgment prooffrom
these same creditors.
Mr. Coughlin is aQ,'Uably a intervening real party in interest, though he has not
technically made such an appearance. Mr. Coughlin is likely not a "party" for the
purposes of a NRAP 3 A analysis (attorney representing a client in a case is not a party to
the action and does not have standing to appeaL Albany v Arcata Associates, 106 Nev.
8
688,799 P.2d 566 (1990); Houston v. Eighth Judicial District Court, 122 Nev. Adv.
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
2.1
26
27
28
Op 51 (2006).
Further, it is unclear whether the stipulation to extend the time for filing a Motion
for Reconsideration filed in this case allows for filing such a proposed decree at this time
or the extent to which that stipulation applied to Mr. Coughlin's interests, albeit the fact
that this Court has entered an Order Denying Mr. Coughlin's Motion for Reconsideration
(though apparently entered prior to receiving Mr. Coughlin's Reply to Opposition) may
be dispositive in that regard.
Accordingly, the undersigned asks the Court to deny Mr Joshi's Motion to Strike
the Notice of Appeal. Mr. Springgate apparently has not filed any sort of Motion to
Strike with regard to the Second Amended Notice of Appeal (which is also plead in the
alternative as a Petition for Writ of Mandamus). Mr. Coughlin realizes that the Nevada
Supreme Court has a well established precedent holding an attorneys avenue to challenge
sanctions to lie in the form of a Petition for Writ of Mandamus rather than appeal
(despite many federal and state courts allowing attorneys to appeal FRCP 1 I sanctions
against an attorney). Mr. Coughlin may arguably, in good faith, seek to proceed via
appeal rather than mandamus given the lower standard of review given to sanctions
when proceeding on appeal as compared to the standard when proceeding via
mandamus.
Page 4
0191
1
2
J
4
5
6
7
8
9
10
11
12
tJ
14
15
16
17
18
19
20
21
22
lJ
24
Z5
26
27
28

On direct appeal, an award of attorney's fees under NRCP 11 is reviewed under
the abuse of discretion standard. Bergmann v. Boyce, 109 Nev. 670, 676, 856 P 2d 560,
564 (1993). "However, because "[mJandamus will not lie to control discretionary action,
unless discretion is manifestly abused or is exercised arbitrarily or capriciously," we
review this matter under a manifest abuse of discretion standard. Office of Washoe
County Dist. Atty v. Second Judicial Dist. Court ex reI. County of Washoe, 2000, 5
P3d 562, 116 Nev. 629.
Accordingly, the undersigned asks the Court to deny J\.1r. Joshi's Motion to Strike
Mr Coughlin's Notices of Appeal (to the extent they are for Mr. Coughlin only; Mr.
Coughlin has withdrawn any Notices of Appeal filed on Ms. Joshi's behalt) or (to the
extent that Mr. Joshi's prior filed Motion to Strike can be said to apply to it) the Petition
for Writ of Mandamus (the deficiencies of which, pursuant to NRAP 21, will be cured in
short order).
Respectfully submitted to the Court this 29
th
day of May, 2009
Coughlin, Esq.
n his own behalf
Page 5
0192
2
J
4
5
6
7
8
9
10
11
12
14

Pursuant to NRCP 5(b), I certify that I am an agent of Zach Coughlin, Esq and that on
the 29
th
day of May, 2009, I electronically filed at Reno, Nevada, a true copy of the
within OPPOSITION TO MOTION TO STRIKE, fully addressed to:
JOHN P. SPRINGGATE, Esq.
Reno, NV 89501
Marc Ashley, Esq or Caryn Sternlicht, Esq.
Reno, NV 89501
16 social security number of any person
17
18 Dated this 29
th
Day of May, 2009
19
21
Melissa Ulloa
22
Agent ofZach Coughlin, Esq.
2J
24
25
26
27
28
Page 6
0193

OF THE ST ATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE
* * *
FAMILY COURT
(RF.QUIRED)
CASE NO.
DEPT NO.
NOTICE:
THlS MOTION/OPPOSITION NOTICE MUST BE ATTACHED AS THE
LAST PAGE to every motion or other paper filed pursuant to chapter 125, 1258
or I25C ofNRS and to any anS'Ner or response to such a motion or other paper.
A
Mark the CORRECT ANSWER with an X
YES NO
1. Has a final decree or custody order been entered in this
D
\/t
case? I f ~ then continue to Question 2. If!!Q, you do not
need to answer any other questIOns.
''v
/1
D
'Y
change a final order? I f ~ then continue to Question 3. If
3. Is this a motion or an opposition to a motion filed only to
D
>t
A /'
D
7-
within 10 days of the Judge's Order')
Date
date found on the front page of the Judge's Order.
B.
If you answered NO to either Question I or 2 or YES to Question 3 or 4, you are e'<empt
from the $25.00 filing fee. However, if the Court later determines you should have paid the
Date:
Rev 10(24
1
2002
0194

Date, Judge, Officers
of Court Present APPEARANCES/HEARING .
March 12, 2009
HONORABLE
L. GARDNER,
DISTRICT
J UDGE
Dept. No. 14
M. Andrews,
Clerk
Reporter-J AVS
T. MARTIN,
Bailiff
Page 1 of 2

HEARING-SETTLEMENT CONFERENCE/TRIAL

THE COURT HELD A SETTLEMENT CONFERENCE OFF RECORD. NO AGREEMENT WAS
REACHED AND THE MATTER CONVENED ON THE RECORD FOR TRIAL.

Plantiff Ashwin Joshi was present with counsel, Zachary Coughlin, Esq., and was sworn to testify.
Defendant Bharti J oshi was present with counsel, J ohn Springgate, Esq., and was sworn to testify.

Mr. Springgate waived opening statement and called Mr. J oshi to testify. Mr. Joshi testified on direct-
examination: Is renting his residence for approximately the last 9 months when he had to leave the marital
residence as per a Protection Order. He took some belongings but the bulk of the belongings are at the
marital residence. Beside the cars, the TV and computer are at issue. He wants the computer. His
information (files) was wiped off the computer. Testified regarding Defendants exhibits A (Clearstar
statement) and B (Kelley Blue Book value print out). Mr. Springgate offered the exhibits into evidence.
They were admitted with no objection by Mr. Coughlin. Mr. Joshi testified he used to work for two
employers, has worked six hours in the past 2 weeks and has filed for unemployment. He hasnt received
unemployment yet but expects to receive $320 per week. He has projected 30 hrs. of work next week, 30
hrs. during three days following that, and no other projected work for the following 2 months. He testified
regarding accounts, balances, and his expenses, referring to Defendants exhibit E. Mr. Coughlin objection
to a question regarding purchase of the computer as a community expense arguing it is leading. The
objection was overruled and the question ruled foundational. Mr. J oshi testified regarding the Discover
account. Mr. Coughlin objection to a question regarding whether it was community expense arguing it calls
for a legal opinion. The objection was sustained. Mr. Joshi testified further regarding Discover, WaMu,
Wells Fargo, other debts, and that the St. Marys account is from an operation he had in May. He didnt
have insurance, didnt have insurance through his employer because he forgot and missed the enrollment
period, and thought he was on his wifes insurance. St. Marys discounted the bill. Mr. J oshi testified
regarding Defendants exhibit F, the St. Marys bill. Mr. Coughlin stated he was not provided a copy, he
may have or not been provided one (on Mr. Springgates comment that it was provided to him prior), and
had no objection to its admittance. Exhibit F was admitted.
Mr. Coughlin moved to not admit the Remsa (marked as exhibit G) bill as an exhibit stating he wasnt
provided a copy. Mr. Springgate provided a prior one, it was marked as Plaintiffs exhibit G and Mr.
Springgate stated it was provided, in his supplemented production of documents, to Mr. Coughlin on
February 17th. Mr. Coughlin stated he didnt know if he received it. The Court overruled Mr. Coughlins
objection as him having already received a copy. Mr. Coughlin argued further. The Court continued to hear
testimony.
Mr. J oshi testified regarding exhibit G. Exhibit G was admitted. Mr. J oshi testified regarding the
anesthesiology bill. Exhibit E was offered and admitted with no objection. Testimony continued. Mr. J oshi
testified further regarding medical bills and money owed to friends who facilitated the parties move to the
US and to his sister and brother in law. Exhibit H was marked. Mr. J oshi testified to exhibit H, transfers
from his sister and brother in law; the debt in the amount of 3.600 (approximately $5,000). Regarding the
letter referenced in the exhibit, Mr. Joshi stated it was no his computer. Mr. Coughlin stated he doesnt
know if he objects to the exhibit. Exhibit H was admitted. Testimony continued. Mr. J oshi stated
information on money owed to his friends was on his computer, Mrs. J oshi cancelled his email, and he
doesnt know if he can retrieve it from the company.
Mr. Coughlin objected on hearsay. The Court found that the exhibit was already admitted. The
objection was overruled. Mr. Coughlin argued further that Mr. Springgate is to bring a copy for him. The
Court reviewed the applicable rule and found that copies have been provided and the statute has been
complied with. Mr. Coughlin argued further. Testimony continued. Mr. Coughlin objected to the testimony
on hearsay. Mr. Springgate rephrased the question and continued his direct-examination. Mr. J oshi
testified further regarding money owed to friends. Mr. Coughlin objected that a question called for a legal
conclusion. Upon arguments presented, the Court overruled the objection. Testimony continued. Mr. J oshi
testified regarding the vehicles.
Mr. Coughlin objected regarding the earlier discussion as to production of documents. The Court found
that Mr. Springgate complied with the rule.
F I L E D
Electronically
06-08-2009:03:45:55 PM
Howard W. Conyers
Clerk of the Court
0195
DV08-01168
3/12/09
Page 2 of 2
Mr. J oshi continued his testimony regarding the vehicles. Mr. Coughlin objected on hearsay. The
objection was overruled. Mr. Coughlin argued further. Mr. Springgate continued the questioning. Mr.
Coughlin objected. The objection was overruled. Testimony continued regarding the vehicles, Mrs. J oshis
womans wealth, and regarding the parties debt. Mr. Coughlin objected that Mr. Springgates questioning
is discussing settlement discussions. Upon arguments presented, the objection was overruled. Testimony
continued and concluded on direct examination.
Mr. Joshi testified on cross-examination by Mr. Coughlin: Mr. J oshi testified regarding his tip
earnings. Mr. Springgate objected that a question regarding his tips in that Mr. Joshi is incompetent to
speak as to the IRS and requested the question be rephrased. Mr. Coughlin rephrased the question.
Testimony continued. An objection by Mr. Springgate was sustained. Testimony continued regarding his
unemployment and probability of employment in the next week. Regarding his line of questioning, Mr.
Coughlin agreed that he would stipulate to Mr. Joshis earnings as shown on his W2, and has questions to
Mr. Joshis testimony that he is earning less. Testimony continued. Mr. J oshi testified further regarding his
employment. Mr. Springgate objected to a question as argumentative. The Court found the question was
asked and answered. Mr. Coughlin argued further. After discussion, the Court allowed the question. Mr.
Springgate objected that the question Are you lying? is argumentative, improper, and prejudicial. After
discussion, the Court directed proceeding beyond the question. Mr. Joshi testified further regarding his
unemployment filing and medical billings from Reno Physicians. The Court noted Mr. Joshi testified that
bill has been paid off and no longer an issue as community debt. On inquiry by the Court as to his
questioning of the bill, Mr. Coughlin stated his question goes to impeachment. Mr. J oshi continued
testimony regarding his medical bills. Two objections by Springgate as argumentative were sustained. Mr.
Joshie argued further. The Court sustained the objections. Testimony continued. There was a further
objection as argumentative and further discussion. After discussion, testimony continued regarding the
charges incurred. There was an objection on relevance regarding loans to family. After discussion,
questioning continued. Mr. J oshi testified regarding charges incurred. An objection by Mr. Springgate that
a question calls for a legal conclusion was sustained. Questioning continued. An objection by Mr.
Springgate as argumentative was sustained. Questioning continued. Mr. J oshi testified regarding accounts
and whose name they are in, and regarding debts. An objection by Springgate regarding certain
expenditures and whether they are community in that the question calls for a legal conclusion was sustained
and the Court directed questions be asked that dont call for a legal conclusion. Testimony continued. Mr.
Springgate objected. The Court heard arguments. The objection was sustained. Testimony continued. Mr.
J oshi testified regarding a trip with his sister, regarding account balance transfers, his medical operation, his
legal representation charges, and the IRS income tax filing. Mr. Springgate objected on relevancy to a
question regarding the IRS refund used for legal charges. The objection was sustained.

The Court recessed and the matter was continued to March 17, 2009 at 8:15 am.
0196
F I L E D
Electronically
06-09-2009:02:59:35 PM
Howard W. Conyers
Clerk of the Court
CODE: 3795
Nevada Bar #1350
Reno, NV 89501
Telephone: 775.323.8881
1
2
3
4
5
6
7
8 *****
9 ASHWIN JOSHI,
10
11 vs.
Plaintiff,
12 BHARTI JOSHI,
13 Defendant.
14
~ /
DEPT. NO.: 14
IS REPLY ON MOTION TO STRIKE
16 COMES NOW Plaintiff, ASHWIN JOSHI, by and through his counsel of record, JOHN
17 P. SPRINGGATE, ESQ., and submits his Reply on his Motion to Strike the Notice of Appeal.
18 This Reply is made and based upon the attached Memorandum of Points and Authorities, and all
19 other papers and pleadings filed herein.
20 DATED this day of June, 2009.
21
22
23
24
25
26
27
28
0197
2 Mr. Coughlin's opposition confuses and misses the point. NRAP 3A governs appeals, and
3 the matters appealed from. The Court's Order After Trial is not a final order and hence not
4 appealable. Mr. Coughlin notes in his opposition that he is "likely not a paliy for purposes of a
5 NRAP 3 analysis" (Opposition, p. 4), but also provides the appropriate citation to a Nevada case
6 holding that the individual, sanctioned attorney has no standing to appeal. Albany v. Arcata
7 Associates, 106 Nv. 668, 799 P.2d 566 (1990).
8 He goes on further to state: "Mr. Coughlin realizes the Nevada Supreme Court has a well
9 established precedent holding an attorney's avenue to challenge sanctions to lie in the form of
10 petition for writ of mandamus rather than appeal." Notwithstanding that established precedent,
11 he goes on to argue that he has a good faith reason to argue that it should be an appeal.
12 Constantly, Mr. Coughlin seems to raise inferences about the undersigned's possible
13 violation of the Nevada Rules of Professional Conduct by virtue of a private letter to him. Since
14 Mr. Coughlin has made it an issue, imputing the undersigned's professional conduct, the
15 complained of letter is attached hereto and incorporated herein as Exhibit 1.
16 DATED this 1 day of June, 2009.
17
18
19
20
21
22
23
24
25
26
27
28
-2-
0198
I
2
3
4
5
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT 1
EXHIBIT LISTING
LETTER OF MAY 21, 2009 I PAGE
FROM JOHN
SPRINGGATE TO ZACH
COUGHLIN
-3-
0199
I CERTIFICATE OF SERVICE
2 Pursuant to NRCP 5(b), I hereby certify that I am an employee of THE LAW OFFICES
3 OF JOHN SPRING GATE, and that on this date I personally served at Reno, Nevada, a true copy
4 of the within REPLY ON MOTION TO STRIKE. fully addressed to:
5
6
7
Zach CouRhlin, Esq.
945 W. 12 h Street
Reno, NY 89503
Marc Ashley, Esq.
8 Staff Attorney
Reno, NY 89501
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
X for mailing by first class mail, postage prepaid
by Federal Express or other overnight delivelY
Dated this day of June, 2009.
-4-
0200
F I L E D
Electronically
06-09-2009:02:59:35 PM
Howard W. Conyers
Clerk of the Court
1
2
3
4
5
6
7
CODE: ;< (" '-15
Nevada Bar #1350
Reno, NV 89501
Telephone: 775.323.8881
8 *****
9 ASHWIN JOSHI,
10
11 vs.
DEPT. NO.: 14
12 BHARTI JOSHI,
13 Defendant.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~ /
OPPOSITION TO MOTION TO STRIKE
COMES NOW Plaintiff, ASHWIN JOSHI, by and through his counsel of record, JOHN
P. SPRINGGATE, ESQ., and hereby opposes the Motion to Strike or alternatively the Objections
to Plaintiffs Request for Submission of Findings of Fact filed by Mr. Coughlin on June 8, 2009.
This opposition is made and based upon the attached Memorandum of Points and
Authorities, and all other papers and pleadings on file herein.
DATED this 1 day ofJune, 2009.
ESQ.
0201
I MEMORANDUM OF POINTS AND AUTHORITIES
2 As Mr. Coughlin notes on his Motion/Objections in page 2, he was not properly served
3 a copy of the proposed Order by any counsel in this matter. This is because Mr. Coughlin is not
4 an attorney of record in this matter any more. He further notes that he is arguably an intervening
5 real party in interest, although he has not technically made such an appearance (p. 3). Clearly he
6 is not a party for purposes of an NRAP 3A analysis, and has no individual standing to appeal
7 under Albanv v. Arcata Associates. 106 Nev. 668, 799 P.2d 566 (1990). Mr. Coughlin
8 acknowledges that his avenue to the Supreme Court is through a Petition for Writ of Mandamus,
9 which would be as to the Order After Trial. As such, it is entirely unclear why adding further
10 specificity as to his sanctioned behavior and a judgment is at all to his detriment. The redaction
II of such matters from the final judgment were an effort to assist him, which now seems somewhat
12 pointless.
13 The balance ofMr. Coughlin's objections seem directed to language affecting Ms. Joshi,
14 and he is not her attorney and the same will be ignored.
15 DATED this ----1- day of June, 2009.
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
0202
2 Pursuant to NRCP 5(b), I hereby certifY that I am an employee of THE LAW OFFICES
3 OF JOHN SPRINGGATE, and that on this date I personally served at Reno, Nevada, a true copy
4 of the within OPPOSITION TO MOTION TO STRIKE. fully addressed to:
5 Zach Coughlin, Esq.
945 W. l:2i
h
Street
6 Reno, NV 89503
7 Marc Ashley, Esq.
Staff Attorney
9 Reno, NV 89501
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
by Federal Express or other overnight delivelY
Dated this qi day of June, 2009.
~ ~ ~
1 aA. Knowlden
-3-
0203
IN THE FAMILY DNISION OF THE SECOND JUDICIAL COURT
ASHWIN JOSHI,
Plaintiff,
vs.
BHARTI JOSHI,
Defendant.

***
FAMILY COURT
(REQUIRED)
CASE NO.: DV08-Ol168
DEPT. NO.: 14
LAST PAGE to every motion 01' other paper filed pursuant
1. Has a final decree 01' custody order been entered in this case? If X, then
continue to Question 2. If!!Q, you do not need to answer any other questions.
X, then continue to Question 3. If no, you do not need to answer any other
questions.
child support?
the Judge's Order.
NO
X
X
X
X
B. If you answered NO to either Question 1 or 2 or YES to Question 301' 4, you are exempt from the $25.00 filing fee.
However, if the Comt later determines you should have paid the filing fee, your motion will not be decided until the
$25.00 fee is paid.
Date:
I affirm that the answers provided on the Notice are tr"4.U "
June 9, 2009 Signature: 4
mployee of
Print Name: John P. Springgate, Esq., Attomey At Law
Reno, Nevada 89501
Telephone: 775-.323.8881
0204


Date, Judge, Officers
of Court Present APPEARANCES/HEARING .
March 17, 2009
HONORABLE
L. GARDNER,
DISTRICT
J UDGE
Dept. No. 14
M. Andrews,
Clerk
Reporter-J AVS
T. MARTIN,
Bailiff
Page 1 of 2

HEARING-CONTINUED TRIAL
Plaintiff Ashwin J oshi was present with counsel, Zachary Coughlin, Esq., and was sworn to testify.
Defendant Bharti J oshi was present with counsel, John Springgate, Esq., and was sworn to testify.
This matter continued from March 12
th
. Plaintiff Ashwin Joshi, took the stand and continued his testimony
on cross-examination. Mr. J oshi testified: He paid attorneys fees with a credit card (US Bank) that he then paid
with a tax refund and testified further regarding the debts. An objection by Mr. Springgate as a
mischaracterization of Mr. Joshis prior testimony was sustained. Testimony continued regarding debts. Mr.
Springgate objected on relevance to a question regarding community property. Mr. Coughlin argued that Mr.
Joshi is making a concerted effort to determine what is community property. The objection was sustained.
Testimony continued. Mr. J oshi stated the vehicles were all purchased during the marriage and testified further
regarding the vehicles. An objection by Mr. Springgate that a question regarding the cars, listed in the financial
declaration, is compound and misrepresentative of the testimony was sustained. Mr. Joshi argued further. The
Court informed Mr. Joshi the objection was sustained and requested he proceed with questioning. Mr. Joshi
stated he is going to respond though sustained. The Court held a bench conference with the attorneys.
The matter reconvened. Mr. J oshi continued his testimony on cross examination: He didnt collect
unemployment last year and testified further regarding his employment and debts; testified regarding family visits,
travels, and costs covered by him and Ms. J oshi. Tow objections by Mr. Springgate on hearsay was sustained. An
objection by Mr. Springgate on relevance was overruled. Testimony continued. Mr. J oshi testified that Ms.
J oshis employment check was not deposited to any bank account in London; Ms. J oshis earnings while in
Tanzania were used by the household, she had control of them, and were not deposited into an account; testified
further regarding the Honda. Mr. Coughlin objected to testimony that the daughter is paying for the car. The
objection was sustained. A question by Mr. Coughlin was objected to by Mr. Springgate as argumentative. The
objection was sustained. The Court noted that the Honda was purchased with cash from Ms. Joshi advanced from
a credit card. Mr. J oshi testified further: He and his daughter took the cash to the seller, purchased the car, and
the car was titled in his and the daughters name; the daughter made payments to him by transfer from her account
to Mr. J oshis account, Mr. Joshi took the payment and deposited into Ms. Joshis account to pay the credit card;
when he was out of the house, the daughter started paying Ms. J oshi directly. Mr. Springgate testified as
argumentative to a question as to whether he has proof and argued that Mr. Coughlin could obtain proof on
discovery. Mr. Coughlin argued that Mr. Springgate doesnt know what documents he has on discovery. The
objection was sustained. There was further discussion.
Testimony continued. Mr. J oshi testified further regarding accounts. Objections as argumentative by Mr.
Springgate were sustained. Testimony continued. Mr. J oshi stated he hasnt made an effort to ask his family
about Ms. J oshis womans wealth, Ms. J oshi is on talking terms with them and can ask them; stated Ms. J oshi left
her womans wealth with his mother, his mother has passed, and then left it with his sister, but he really doesnt
know. After discussion regarding testimony, questioning continued. Mr. J oshi stated he doesnt know about a
specific custom but the bride retains her wealth that she brings with her, she keeps it, and she decides whether to
keep it anywhere else. Mr. Springgate objected that Mr. Coughlin is arguing with the witness. The objection was
sustained. There were a further objection and discussion regarding the questioning regarding womans wealth.
The Court addressed the issue of objections. Testimony continued. Mr. Joshi testified further that his
understanding is that Ms. J oshi left her womans wealth with his sister. Mr. Springgate objected to question
whether he attempted to retrieve it from his sister as argumentative. The objection was sustained. The Court
cautioned counsel about broad arguments, about the manner of questioning, and about being argumentative with
the witness. Mr. J oshi stated he told Ms. J oshi she could call his sister and to not involve him; testified regarding
loans from friends and family; testified as to what he (vs. Ms. Joshi or them both) paid for during the marriage.
There were no further questions on cross-examination.
Mr. Joshi testified on re-direct examination: During his surgery, he was off work, applied for unemployment
but didnt receive any. An objection by Mr. Coughlin as argumentative was overruled. Mr. Joshi stated there are
trips of Ms. Joshis also placed on the cards-a vacation to India for two weeks. An objection by Mr. Coughlin to a
question by Mr. Springgate in that it calls for a legal opinion was sustained. Mr. J oshi testified regarding his
legal fees and payments. An objection by Mr. Coughlin as leading was overruled. Mr. J oshi testified further
regarding his legal costs. On re-cross, Mr. J oshi testified that he has paid his attorney $4000-by the end of
February, he paid his attorney $4,000, paid $600 a couple of days ago, stated he has it in writing, and agreed he
has paid a total of $4600; he didnt receive unemployment because he was hospitalized; he didnt receive any
money from the government. There were no other questions and the witness was excused.
Mr. Springgate rested Plaintiffs case.
F I L E D
Electronically
06-10-2009:03:04:30 PM
Howard W. Conyers
Clerk of the Court
0205
DV08-01168
March 13, 2009
Page 2 of 2
Mr. Coughlin called Ms. J oshi to testify. Ms. Joshi testified on direct examination: She didnt ask for access
to bank statements; asked for credit card statements but didnt get them; she could have access to Wells Fargo
because the statements were lying around the house but not to credit card statements; she asked the companies for
statements. Two objections by Mr. Springgate to hearsay were sustained. Testimony continued. Ms. J oshi stated
she went to US Bank and was told she couldnt have access with Mr. Joshi present. An objection by Mr.
Springgate to leading was sustained. Testimony continued. Ms. Joshi stated she was never made aware of any of
the $5000 loans; she incurred expenses related to immigration; regarding the letter, exhibit H, stated she thinks
they are trying to make up a debt; she never took any money from them. An objection by Mr. Springgate was
sustained. Ms. J oshi continued her testimony regarding the daughters car, theres $5000 still owed; testified
regarding the Jeep-theres a loan with Clearstar, she and her son; testified further regarding the cars; her children
help her pay the rent, phone, pays expenses with her paycheck; asked for spousal support-got some initially but is
not anymore. Objections by Mr. Springgate to questions regarding whether she considers Mr. Joshi should be
half responsible for her living costs were sustained. Ms. J oshi testified that stated she thinks Mr. J oshi made up
the other $5000 debt owed to Mr. J oshis friend; she asked the friend about it and the friend stated he wanted to
stay out of the divorce and didnt want to discuss it; she didnt inquire to the Fowlers regarding the other debts;
she sent an email to Mr. J oshis sister regarding her womans wealth and received no response; Mr. Joshi also sent
his sister an email after hers. There was discussion regarding Mr. Joshis email, Mr. Coughlin stated hes not
sure if he has a copy and requested to ask questions about it. The request was denied. Ms. J oshi testified
regarding a safety deposit box listed in Mr. J oshis deposit box. There was argument regarding Mr. Coughlins
questioning. The Court directed Mr. Coughlin to ask questions on direct without impeaching his own witness or
arguing with her. Ms. Joshi continued her testimony regarding the safety box. Objections by Mr. Springgate as
argumentative were sustained. Mr. Springgate objected on relevance to a question regarding whether Mr. Joshi
threaten her. Mr. Coughlin argued in response that it goes toward determination of Mr. Josh running up debts.
Mr. Springgate stated his objection is based on Rodriguez v. Rodriguez, 116 Nev 993. Mr. Coughlin was
admonished for interrupting. Mr. Coughlin argued that the question was not made to determine fault for purposes
of alimony but for purposes of the validity of the debt. The objection was sustained. Testimony continued. Ms.
J oshi stated she got a TPO on Mr. Joshi. Mr. Springgate objected on the same basis as the prior objection. The
Court admonished Mr. Coughlin to be respectful and took judicial notice. Mr. Coughlin argued further. Mr.
Springgate objected to a question regarding whether accepting alimony made her responsible for debts in that it
called for a legal conclusion. The objection was sustained.
Testimony continued. Ms. J oshi testified further regarding the debts; regarding the car loans, stated each
should take the loan for his/her car; testified regarding her caretaking of the children. Mr. Springgates objection
on lack of foundation was sustained. Ms. Joshi stated she has basically always worked; gave up some of her
dreams for the family and believes Mr. J oshi did not take the same responsibility to the marriage. An objection by
Mr. Springgate to a question whether Mr. Joshi exerted control over the marriage was overruled. Mr. Coughlin
had no further questions.
Ms. Joshi testified on cross-examination: Ms. J oshi stated the parties didnt have joint accounts; testified
regarding the car debt-her daughter makes the payments directly to the credit card account around $200.
Objections by Mr. Coughlin to a question whether Mr. Joshi should sign the title over to the daughter on the basis
that it calls for speculation, on relevance, and argumentative were overruled. Ms. Joshi stated she is concerned
about Mr. J oshi owning the car and the debt for it of about $5000; the son is paying for his car and its in his
name. Mr. Coughlin objected on relevance to whether the parties children live with her was overruled. Ms.
J oshi stated she has a safety deposit box, her womans wealth is not in it; her womans wealth from Mr. J oshi was
left with his family; her womans wealth from her side is with her. An objection on relevance to whether she has
attorneys fees was overruled. Ms. Joshi continued testimony: In Tanzania Mr. Joshi owned a restaurant and she
helped him in the business; testified regarding her employment in the US; she has a degree in commerce from
Bombay; she has individual accounts in her name.
Ms. Joshi testified on re-direct examination. Ms. J oshi testified that there was domestic violence during
the marriage. Mr. Springgate objected on relevance. Mr. Coughlin argued that it goes toward her ability to have
any reasonable opportunity to object to any incurred debts. Mr. Springgate argued that whether or not she
incurred debts (for representation) are relevant to community debt and domestic violence is not relevant. Upon
arguments presented, the objection was sustained. There were no other questions and the witness was excused.
There were no other witnesses or testimony. The Court recessed. Upon reconvening, the Court heard closing
arguments from the attorneys.
Mr. Springgate moved the Court for attorneys fees, imposed on Mr. Coughlin directly, under NRS 7.085.
Mr. Coughlin argued in response and in opposition.

The Court took the matter under submission and will issue an Order.
0206
5
10
15
20
25
2
3
4
6
7
8
9
11
12
13
14
16
17
18
19
21
22
23
24
26
27
28
CODE: 1745
JOHN P. SPRINGGATE,ESQ.
NevadaBar#1350
203 SouthArlingtonAvenue
Reno, NV 89501
Telephone: 775.323.8881
Attorneyfor Plaintiff
INTHEFAMILYDIVISION
IN THESECONDJUDICIALDISTRICTCOURTOFTHESTATEOFNEVADA
INAND FORTHECOUNTYOFWASHOE
*****
ASHWINJOSHI,
Plaintiff, CASENO.: DV08-01168
vs. DEPT.NO.: 14
BHARTIJOSHI,
Defendant.
____________----'1
FINDINGSOFFACT,
CONCLUSIONSOFLAW,
AND DECREEOFDIVORCE
The above-entitled mattercame on for trial before this Court on March 11, 2009 and
March 12,2009. ASHWINJOSHI,Plaintiff,waspresentandrepresentedbyhiscounsel,JOHN
P. SPRINGGATE, ESQ. BHARTI JOSHI, Defendant, was present and represented by her
counsel, ZACHCOUGHLIN, ESQ. The Courtissuedits OrderAfterTrial whichwas filed on
April 13,2009.
FINDINGSOFFACT
1. Plaintiff is a residentof the Stateof Nevada, and for a periodof more than six (6)
weeksbeforecommencementofthisactionhasresidedandbeenphysicallypresentanddomiciled
inthe StateofNevada.
2. Defendantisaresidentofthe State ofNevada,and foraperiodof more thansix
(6) weeks before commencement ofthis action has resided and been physically present and
domiciledinthe Stateof Nevada.
F I L E D
Electronically
06-19-2009:09:57:23 AM
Howard W. Conyers
Clerk of the Court
2
3
4
5
6
7
CODE: 1745
Nevada Bar #1350
Reno, NV 89501
Telephone: 775.323.8881
IN THE F AMIL Y DIVISION
8 *****
9 ASHWIN JOSHI,
10
11 vs.
Plaintiff,
12 BHARTIJOSHI,
13 Defendant.
DEPT. NO.: 14
~ /
14
15 FINDINGS OF FACT,
CONCLUSIONS OF LAW,
16 AND DECREE OF DIVORCE
17 The above-entitled matter came on for trial before this Court on March 11, 2009 and
18 March 12,2009. ASHWIN JOSHI, Plaintiff, was present and represented by his counsel, JOHN
19 P. SPRINGGATE, ESQ. BHARTI JOSHI, Defendant, was present and represented by her
20 counsel, ZACH COUGHLIN, ESQ. The Court issued its Order After Trial which was filed on
21 April 13, 2009.
22 FINDINGS OF FACT
23 1. Plaintiff is a resident of the State of Nevada, and for a period of more than six (6)
24 weeks before commencement of this action has resided and been physically present and domiciled
25 in the State of Nevada.
26 2. Defendant is a resident of the State of Nevada, and for a period of more than six
27 (6) weeks before commencement of this action has resided and been physically present and
28 domiciled in the State of Nevada.
0207
2
3
4
5
3. Plaintiff and Defendant were married on May 11, 1987 in Bombay, India, and ever
since that date have been, and now are, Husband and Wife.
4. There are two children ofthis marriage, both of whom are now adults.
5.
6.
Defendant is not pregnant at this time.
Plaintiff and Defendant have become, and continue to be, incompatible in
6 marriage, and no reconciliation is possible.
7
8
9
7.
8.
9.
The current address of Plaintiff is 1644 Fieldcrest Drive, Sparks, NV 89434.
The current address of Defendant is 260 Booth Street, Apt. Q, Reno, NV 89509.
The Court adopts, as Findings of Fact, each and every Conclusion of Law below,
10 which by this reference are expressly incorporated herein.
11 CONCLUSIONS OF LAW
12 1. JURISDICTION. This Court has jurisdiction of Plaintiff and Defendant, and of
13 the subject matter herein.
14 2. GROUNDS. Plaintiff is entitled to a Decree of Divorce from Defendant on the
15 grounds of incompatibility.
16 3. CHILD SUPPORT/ADULT CHILDREN'S EDUCATION. Mr Joshi will not be
17 held responsible for the continuing education of the adult children of this marriage.
18
19
20
21
22
23
24
25
26
27
28
4.
A)
B)
COMMUNITY PROPERTY/DEBT.
Women's Wealth: The "women's wealth" at issue herein is the sole and separate
property of the Defendant. Plaintiff is to contact any and all relatives who may
have this property and immediately ask them to return said property to the
Defendant as soon as possible.
Mr. Joshi's Vehicle: The 2005 Chevrolet Blazer shall be considered as Plaintiff's
sole and separate property and Plaintiff shall be responsible for the debt remaining
thereon. Since the car is worth about $10,910.00 and there is $15,009.75 due and
owing on the vehicle, Mr. Joshi's assumption of this asset is to be considered as
an undertaking of community debt of approximately $4,100.00.
-2-
0208
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
III
III
C) Ms. Joshi's Vehicle: Ms. Joshi's car shall be considered as her sole and separate
property and she shall be responsible for any debt remaining thereon. Since no
evidence was presented to the Court as to the value of the auto, either positive or
negative, there is no value for this community asset.
D) Son's Vehicle: This vehicle is not considered as an asset and will not be divided
among the community.
E) Daughter'S Vehicle: This vehicle is not considered as an asset and will not be
divided among the community.
F) London Bank Account: There is no factual basis to support that this account exists
and therefore it is not being considered a community asset.
G) Community Bank Accounts: There is no factual basis to support that community
bank accounts exist and therefore the same is not being considered a community
asset.
H) Computer: The computer which was purchased at Best Buy is awarded to Mr
Joshi.
I) Television: Ms. Joshi is awarded the television which was purchased at Best Buy.
Said television is currently in Ms. Joshi's possession and shall be deemed her sole
and separate property.
J) General Credit Card Debt: There is general debt of approximately $15,650.00
which has been expended for community purposes. Mr. Joshi has agreed to be
responsible for this debt and the same shall be considered as his sole and separate
responsibility.
K) Best Buy Credit Card Debt: There is an approximately balance of $1,314.00
outstanding for the purchase of the television and computer. Mr. Joshi has agreed
to be responsible for this debt and the same shall be considered as his sole and
separate responsibility.
-3-
0209
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
L) Medical Debt: There is a debt due to St. Mary's Hospital for $6,735.00 and a debt to
REMSA for $500.00. Mr. Joshi has agreed to be responsible for these debts and the
same shall be considered as his sole and separate responsibility.
M)
N)
5.
Family Debt: There is a debt due to Ashik Nanaby and a $5,000.00 debt due to Rod
and Meena Fowler. Mr. Joshi has agreed to be responsible for these debts and the
same shall be considered as his sole and separate responsibility.
General Community Debt: There was no evidence to establish community debt. Mr.
Joshi agreed to take the remaining community debt in his name that is outstanding
and the debt shall be his sole and separate responsibility. It should be noted that Mr.
Joshi has likely incurred an unequal distribution of the community debt of the parties
and the Court finds his testimony to be a compelling reason for making an unequal
distribution of the community debt.
Spousal Support: The Court has found that Mr. Joshi is 51 and Ms. Joshi is 46; the
parties earn roughly equivalent amounts; the parties have been married 21 years but Ms. Joshi has
always been employed during that time; Ms. Joshi has a college degree; both parties are able to
work; and after consideration of the net income, deduction of taxes, and the amount paid in
community debt by Mr. Joshi, an award of alimony in the amount of one dollar ($1.00) shall be
awarded to Ms. Joshi pursuant to NRS 125.150, Woljfv. Wolff, 112 Nev. 1355,929 P.2d 196, and
Shydler v. Shydler, 194 Nev. 192, 196,954 P.2d 37, 39 (1988).
III
III
III
III
III
III
III
III
III
-4-
0210
JUDGEMENT AND DECREE OF DIVORCE
2 NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED 1.
3 Plaintiff, ASHWIN JOSHI be, and he is, finally and absolutely divorced from Defendant,
4 BHARTI JOSHI, and that the bonds of matrimony heretofore existing between Plaintiff ASHWIN
5 JOSHI, and Defendant, BHARTI JOSHI, be, and they hereby are, dissolved, and the parties hereto
6 are restored to the status of single and unmarried persons.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2.
3.
There Defendant's name shall be restored to that ofBHARTI R. DAVE.
The matter, as set forthin the preceding Findings of Fact, Conclusions of Law, and
Decree of Divorce, is hereby ratified, adopted, and approved, and the parties are
Ordered to comply with the terms of such.
GOOD CAUSE APPEARING, IT IS SO ORDERED.
Dated: JlUle 1 ; ; ; 0 9 .
Lin
District Court Judge
-5-
0211
5
10
15
20
25
2
3
4
CODE:
6
7
8
9
ASHWIN JOSHI,
11
v.
12
13
BHARTI JOSHI,
14
Dept. No. 14
Defendant.
--------------/
ORDER DENYING MOTION TO STRIKE IN PART; ORDER GRANTING
16
MOTION TO STRIKE IN PART
17
On April 13, 2009, the Court entered an Order After Trial specifying its findings of
18
fact and conclusions of law based upon the divorce trial that took place March 12 and
19
March 17,2009.
On May 12, 2009, a Notice of Appeal was filed by Zachary Coughlin, Esq.,
21
specifying he was appealing the Order After Trial entered April 13, 2009.
22
On May 13, 2009, a Motion to Strike was filed by John P. Springgate, Esq., alleging
23
the Notice of Appeal filed on May 12, 2009, was untimely filed pursuant to NRAP 3A.
24
Specifically, Mr. Springgate argued there was no final judgment entered in this
matter yet as the Order After Trial had not been memorialized into a Findings of Fact,
26
Conclusions of Law, Judgment and Decree of Divorce'.
27
28
1 A Decree of Divorce was entered in this case on June 19,2009.
F I L E D
Electronically
07-15-2009:02:34:56 PM
Howard W. Conyers
Clerk of the Court
2
3
4
5
CODE:
7 OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ASHWIN JOSHI,
v.
Dept. No. 14
BHARTI JOSHI,
Defendant.
--_________________________1
ORDER DENYING MOTION TO STRIKE IN PART; ORDER GRANTING
MOTION TO STRIKE IN PART
On April 13, 2009, the Court entered an Order After Trial specifying its findings of
fact and conclusions of law based upon the divorce trial that took place March 12 and
March 17,2009.
On May 12, 2009, a Notice of Appeal was filed by Zachary Coughlin, Esq.,
specifying he was appealing the Order After Trial entered April 13, 2009.
On May 13, 2009, a Motion to Strike was filed by John P. Springgate, Esq., alleging
the Notice of Appeal filed on May 12, 2009, was untimely filed pursuant to NRAP 3A.
Specifically, Mr. Springgate argued there was no final judgment entered in this
matter yet as the Order After Trial had not been memorialized into a Findings of Fact,
Conclusions of Law, Judgment and Decree of Divorce
1

1 A Decree of Divorce was entered in this case on June 19,2009.
0212
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
On May 27, 2009, a Request for Submission was filed by Mr. Springgate.
On June 8,2009, Mr. Coughlin opposed the motion and argued it was not clear
whether the Order After Trial was a final order, and II [i]t certainly is not worth risking the
deadline for filing an appeal. .. " Opposition 2:13-2:14.
On June 8, 2009, a Request for Submission was filed by Mr. Coughlin.
Upon review of the pleadings and papers filed herein, the Court finds and Orders
as follows.
Insofar as Mr. Coughlin is appealing the award of attorney's fees, the Court finds
the Order After Trial entered April 13, 2009, was a final order from which Mr. Coughlin
may appeal as the Court did not intend the award of attorney's fees to be included in the
Decree of Divorce. Accordingly, Mr. Springgate's Motion to Strike is denied with respect
to the appealability of the Order After Trial as it pertains to the award of attorney's fees.
With regard to appeal of the issues pertaining to the Joshi marriage/ divorce, the
Court finds the Order After Trial was not a final order from which Mr. Coughlin may
appeal as the Court intended all issues pertaining to the Joshi marriage/ divorce to be
separate and apart from the award of attorney's fees. Accordingly, Mr. Springgate's
Motion to Strike is granted with respect to the appealability of the issues pertaining solely
to the Joshi divorce.
GOOD IT IS SO ORDERED.
Dated: July 1 ,2009. c d ('
/{/J{ / .t-Vf:i II
. nda M.
District Court Judge
2
0213
2
3
4
5
6
Pursuant to NRCP 5(b), I certify that I am an employee of the Second Judicial
District Court, and that on the ; {P day of July, 2009, I deposited for mailing, first class
postage pre-paid, at Reno, Nevada, a true and correct copy of the foregoing document
addressed to:
7
Document: Order Denying Motion to Strike in Part; Order Granting Motion to Strike
8 in Part
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Zachary Coughlin, Esq.
945 W. 12th Street
Reno, NV 89503
I hereby certify that on the _J_5 __ day of July, 2009, I electronically filed the
foregoing with the Clerk of the Court system which will send a notice of electronic filing to
the following:
Marc Ashley, Esq.

Stephenie Broome
Administrative Assistant - Dept. 14
3
0214
I
9
CODE: 4050
Nevada Bar #1350
Reno, NY 89501
Telephone: 775.323.8881
2009 JUL 22 ~ I I 9: 32
* * * * *
10 ASHWIN JOSHI,
11
12 vs.
DEPT. NO.: 14
13 BHARTI JOSHI,
14
IS
16
17
18
Defendant.
___________ I
STIPULATION TO AMEND DECREE OF DIVORCE
COME NOW the parties hereto, ASHWIN JOSHI, Plaintiff, by and through his counsel
of record, JOHN P. SPRINGGATE, ESQ., and BHARTI JOSHI, by and through her counsel of
19
record, MARC ASHLEY, ESQ., of Washoe Legal Services, and hereby stipulate and agree to an
20
21
22
23
Order Amending the Decree of Divorce in the following regards:
In response to Ms. Joshi's motion, the Court amended the proposed Findings of Fact to
include a finding of ONE DOLLAR ($1.00) per year alimony for Ms. Joshi. However, the Decree,
as amended by the Court, did not include a term. The parties had originally agreed or suggested
24
a term of five (5) years and they therefore stipulate and agree that this Stipulation and Order
25
26
27
28
III
III
III
0215
-
thereon shall amend the Decree of Divorce to include ONE DOLLAR ($1.00) alimony for five (5)
2 years in favor of Ms. Joshi.
3 DATED: 1/'lP }0 C\..
r 1
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DATED: '7 - 20 - 09
-2-
0216
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
25
26
27
28
20
21
22
23
24
CODE: 3370
IN THE FAMILYDIVISION
INTHE SECONDJUDICIALDISTRICTCOURTOFTHE STATEOFNEVADA
INAND FORTHECOUNTYOF WASHOE
* * * * *
ASHWIN JOSHI,
vs. DEPT. NO.: 14
BHARTI JOSHI,
Defendant.
/
ORDERTO AMENDDECREEOFDIVORCE
The parties having stipulated and agreed to an Order Amending the Decree of Divorce to
provide alimony of ONE DOLLAR ($1.00) per year for five (5) years, and good cause appearing
therefor,
IT IS SO ORDERED.
DATEDthisl-5 dayof ,2009. 1.ry
Submitted by:
Reno, NY 89501
Telephone: 775.323.8881
F I L E D
Electronically
07-23-2009:04:17:13 PM
Howard W. Conyers
Clerk of the Court
1 CODE: 3370
2
3
4
5
9
10
11
12
13
14
15
ASHWIN JOSHI,
Plaintiff,
vs.
BHARTI JOSHI,
Defendant.
* * * * *
/
DEPT. NO.: 14
16 ORDER TO AMEND DECREE OF DIVORCE
17 The parties having stipulated and agreed to an Order Amending the Decree of Divorce to
18 provide alimony of ONE DOLLAR ($1.00) per year for five (5) years, and good cause appearing
19 therefor,
20
21
22
23
24
IT IS SO ORDERED.
DATEDthisL-5 dayof 14r
25 Submitted by:
26 203 South Arlington Avenue
Reno, NY 89501
27 Telephone: 775.323.8881
28
,2009.
0217
F I L E D
Electronically
08-04-2009:03:02:18 PM
Howard W. Conyers
Clerk of the Court
I CODE: 2145
2 Nevada Bar #1350
3 Reno, NV 89501
Telephone: 775.323.8881
5
6
7
8 *****
9 ASHWIN JOSHI,
10
11 vs.
Plaintiff,
12 BHARTI JOSHI,
13 Defendant.
~ /
14
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 COUli for its Order to Show Cause why
18 the Defendant's previous counsel, Zachary Coughlin, should not be held in contempt of this COUli.
19 Mr. Coughlin is in contempt of this Court's Order dated April 10,2009, for his refusal to pay the
20 COUli ordered attorney's fees due Mr. 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 Affidavit submitted herewith and all the evidence to be produced at the hearing had
24 hereon.
25
26
27
28
0218
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 lawful order issued by the Court is in
4 contempt".
5 The Order of April 10, 2009, provides that the Defendant's attorney, Zachary Coughlin,
6 Esq., is to pay $934.00 as and for attorney's fees within thirty (30) days of the 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 Court, and he has filed 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 those protections, the Judgment remains valid and
12 enforceable, even pending the appeal.
13 Although the parties 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 Mr. Joshi the attorney's fees as ordered, and pay the attorney's fees
18 and costs incurred in having to respond to this matter and file this motion. That amount may be
19 further increased depending on Mr. Coughlin's opposition, the reply, and hearing.
20 DATED this -f-day of August, 2009.
21
22
23
24
25
26
27
28
-2-
0219
I AFFIDAVIT
2 STATEOFNEVADA )
3 COUNTY OF WASHOE
ss:
4 JOHN P. SPRINGGATE, being first duly sworn, deposes and says:
5 1. I am the attorney for Ashwin Joshi, the Plaintiff in this matter and make this
6 Affidavit in support of his Motion for Order to Show Cause.
7 2. This COUlt ordered Mr. Coughlin, on April I 0,2009, to pay $934.00 in attorney's
8 fees and costs incurred. Mr. Coughlin has failed to do so.
9 3. To my knowledge, from a review of the file and the filings in this matter, there has
10 been no stay of the judgment entered here or in the Supreme COUlt, nor has the judgment been
II bonded on appeal.
12 4. I have expended one (I) hour in the drafting and finalizing of this motion, and will
13 expect to expend fmiher time and effOlt in litigation ofthis matter unless Mr. Coughlin's payment
14 is forthcoming. I am currently billing at $300.00 per hour.
IS FURTHER AFFIANT SAYETHNOT.
16
17
18
19
20
21
22
23
24
25
26
27
28
SUBSCRIBED AND SWORN
to before me this day
of A ust, 2009.
-3-
0220
2 Pursuant to NRCP 5(b), I hereby celiify that I am an employee of THE LAW OFFICES
3 OF JOHN SPRINGGATE, and that on this date I personally served at Reno, Nevada, a true copy
4 of the within MOTION FOR ORDER TO SHOW CAUSERE: CONTEMPT. fully addressed
5 to:
6 Marc Ashley, Esq.
Staff Attorney
8 Reno, NV 89501
9 Zachary Esq.
945 West 12' Street
10 Reno, NY 89503
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Dated this day of August, 2009.
-4-
0221

Exhibit 2

Загружено:

Сведения о документе

Оригинальное название

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Exhibit 2

Загружено:

Авторское право:

Доступные форматы

EXHIBIT 2

Вам также может понравиться