F I L E D

Electronically
02-03-2012:10:51:41 AM
Joey Orduna Hastings
Clerk of the Court
Transaction # 2741762
gr 1 Code No. 2650
LAW OFFICE
RICHARD G. HILL
RICHARD G. HILL, ESQ.
2 State Bar No. 596
CASEYD. BAKER, ESQ.
3 State Bar No. 9504
RICHARD G. HILL, LTD.
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
8 IN AND FOR THE COUNTY OF WASHOE
9
ZACHARY BARKER COUGHLIN, )
10 ) Case No.: CVU-03628
Appellant, )
11 ) Dept. NO.7
v. )
12 )
MATT MERLISS, )
13 )
Respondent. )
14 )
15 OPPOSITION TO , AND MOTION TO STRIKE,
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COUGHLIN'S NOTICE TO SET HEARING
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 February 2, 2012 by appellant, ZACHARY BARKER COUGHLIN
20 ("COUGHLIN"). This opposition and motion is based on the points and authorities below
21 and all papers and pleadings on file herein.
22 POINTS AND AUTHORITIES
23 This is a civil appeal from an eviction order issued by the Reno Justice Court.
24 On February 2, 2012, Coughlin, an attorney, filed a "Notice to Set Hearing" in this case.
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.
Post Office Box 2551 28 III
Reno, Nevada 89505
(775) 348-0888
Fax(775) 348-0858
LAW OFFICE
RICHARD G. HILL
1 2. The subsections of the rule of procedure cited by Coughlin, WDCR 19(1)-(3),
2 apply only to appeals in criminal cases. Those subsections of the Rule do not apply here.
3 Curiously, Coughlin fails to mention WDCR 19(4), which actually does apply to this case.
4 3. This Court has already ordered, on January 6,2012, that it will take the
5 merits of the appeal under submission "without oral argument." Thus, the only hearing
6 that will be necessary in this case will be on Merliss' Second Motion for Order to Show
7 Cause, filed on January 20, 2012 .
8 . 4. Coughlin's notice indicates that he will appear in Department 10 on
9 February 9 to set this matter for a hearing. This case is, of course, in Department 7.
10 Coughlin is a licensed attorney. He is presumed to be competent to practice
11 law. Since his notice is completely devoid of any merit, or even any mention of any
12 applicable law, the only logical conclusion is that he filed his document for the sole purpose
13 of further delaying this matter and driving up fees for Merliss. Coughlin's Notice to Set
14 Hearing.should be stricken from the record, or, at the very least, denied, and Coughlin
15 should be sanctioned in the amount of $150.00 for the fees he needlessly caused Merliss to
16 incur in responding to his frivolous filing. NRS 7.085. NRCP 11.
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AFFIRMATION Pursuant to NRS 239B.030
The undersigned does hereby affirm that the preceding document does not
19 contain the social security number of any person.
r1..
20 DATED this:> day of February, 2012.
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RICHARD G. HILL, LTD.
c
L, ESQ.
CASEYD. B R, ESQ.
652 Forest Street
Reno, Nevada 89509
Attorney for respondent Matt Merliss
Post Office Box 2551 28
Reno, Nevada 89605
(775) 348-013136
Fax(775) 34130858
2
LAWOFACE
RICHARD G. HILL
1
CERTIFICATE OF SERVICE
2 PursuanttoNRCP 5(b), IherebycertifythatI am an employee of RICHARD G.
3 HILL, LTD., and that on h e ~ day of February, 2012, I deposited in the United States
4 mail at Reno, Nevada, in a sealed envelope, postage prepaid, a true and correct copy of the
5 foregoing Opposition to, and Motion to Strike, Coughlin's Notice to Set Hearing
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to:
Zach Cou/ihlin, Esq.
1422 E. 9 Street, # 2
Reno, Nevada 89501
Post Office Box 2551 28
Reno, Nevada 89505
(775) 348-0888
Fax(775) 34B-OB58