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Code No. 2650 RICHARD G. HILL, ESQ.

2 State Bar No. 596 CASEYD. BAKER, ESQ.

3 State Bar No. 9504 RICHARD G. HILL, LTD.

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F I L E D

Electronically 02-03-2012:10:51:41 AM Joey Orduna Hastings Clerk of the Court Transaction # 2741762

4 652 Forest Street Reno, Nevada 89509

5 (775) 348-0888 Attorney for Respondent Matt Merliss

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7 IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

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IN AND FOR THE COUNTY OF WASHOE

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ZACHARY BARKER COUGHLIN,

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Case No.: CVU-03628

 

Appellant,

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Dept. NO.7

 

v.

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MATT MERLISS,

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Respondent.

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OPPOSITION TO , AND MOTION TO STRIKE, COUGHLIN'S NOTICE TO SET HEARING

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17 Respondent, MATT MERLISS, by and through his counsel, RICHARD G. HILL,

18 LTD., and CASEY D. BAKER, ESQ., opposes, and moves this court to strike, the Notice to

19 Set Hearing filed herein on February2, 2012 byappellant, ZACHARY BARKER COUGHLIN

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("COUGHLIN"). This opposition and motion is based on the points and authorities below

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and all papers and pleadings on file herein.

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POINTS AND AUTHORITIES

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This is a civil appeal from an eviction order issued by the Reno Justice Court.

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On February 2, 2012, Coughlin, an attorney, filed a "Notice to Set Hearing" in this case.

LAW OFFICE

RICHARD

G.

HILL

Post Office Box 2551 Reno, Nevada 89505 (775) 348-0888 Fax(775) 348-0858

25 Coughlin's notice should be stricken or, at the very least, denied for the following reasons:

26 1. The statute cited by Coughlin, NRS 189.065, applies only to appeals in

27 criminal cases. It does not apply here.

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III

LAW OFFICE

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RICHARD

Post Office Box 2551 28

G.

HILL

Reno, Nevada 89605

(775) 348-013136

Fax(775) 3413·0858

2. The subsections ofthe rule ofprocedure cited by Coughlin, WDCR 19(1)-(3),

apply only to appeals in criminal cases. Those subsections of the Rule do not apply here.

Curiously, Coughlin fails to mention WDCR 19(4), which actually does apply to this case.

3. This Court has already ordered, on January 6,2012, that it will take the

merits of the appeal under submission "without oral argument." Thus, the only hearing

that will be necessary in this case will be on Merliss' Second Motion for Order to Show

Cause, filed on January 20, 2012.

. 4. Coughlin's notice indicates that he will appear in Department 10 on

February 9 to set this matter for a hearing. This case is, of course, in Department 7.

Coughlin is a licensed attorney. He is presumed to be competent to practice

law. Since his notice is completely devoid of any merit, or even any mention of any

applicable law, the only logical conclusion is that he filed his documentfor the sole purpose

of further delaying this matter and driving up fees for Merliss. Coughlin's Notice to Set

Hearing.should be stricken from the record, or, at the very least, denied, and Coughlin

should be sanctioned in the amount of $150.00 for the fees he needlessly caused Merliss to

incur in responding to his frivolous filing. NRS 7.085. NRCP 11.

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.

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DATED this:> day of February, 2012.

RICHARD G. HILL, LTD.

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L, ESQ. CASEYD. B R, ESQ. 652 Forest Street Reno, Nevada 89509 Attorney for respondent Matt Merliss

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LAWOFACE

RICHARD G. HILL Post Office Box 2551 Reno, Nevada 89505 (775) 348-0888 Fax(775) 34B-OB58

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CERTIFICATE OF SERVICE

PursuanttoNRCP 5(b), IherebycertifythatI am an employee of RICHARD G.

HILL, LTD., and that on the3~day of February, 2012, I deposited in the United States

mail at Reno, Nevada, in a sealed envelope, postage prepaid, a true and correct copy ofthe

foregoing Opposition to, and Motion to Strike, Coughlin's Notice to Set Hearing

to:

Zach Cou/ihlin, Esq.

1422

E. 9

Street, # 2

Reno, Nevada 89501

to Strike, Coughlin's Notice to Set Hearing to: Zach Cou/ihlin, Esq. 1422 E. 9 Street, #