RICHD G.

HILL
rhill@richardhillaw.com
SOPHIE A. KAIS
skaradanis@rchardhillaw.com
SALLY S. GALGHER, Legal Aitant
sgallagher@richardhillaw.com
SHERRI L. HILL, Legal Assistant
shill@richardhillaw.com
KE A. NIELSE, Legal Assistant
knielsen@richardhillaw.com
HAND-DELIVRED
Hon. Patrick Flanagan
Department 7
Second Judicial District Court
75 Cour Street
Reno, Nevada 89501
652 Foret Street
Reno, Nevada 89509
Re: Zachary B. Couglin
June 24, 2013
State Bar No. 9473 (suspended)
Judge Flanagan:
(775) 348-0888
FA (775) 348-0858
www.richardhillaw.com
A you may be aware, Supreme Court Rule 9.5 was recently amended. It
requires the reporting of indidal cited by courts as vexatious liigators to the
Administrative Ofce of the Courts.
On Augst 28, 2012, you entered an order in the case of Coughlin v. Merliss
(Cn-03628) sanctioning Mr. Coughlin as a vexatious litigator. I tried reporting your
fnding to the Administrative Ofce of the Court. They rejected my notice and told me that
the court is required to make the report to: Administrative Ofce of the Cours, 201 South
Carson Street, Suite 250, Carson City, Nevada 89701-4702.
Leter to Hon. Patrick Flanagan
Re: Zachary B. Coughlin
State Bar No. 9473 (suspended)
June 24, 2013
Page two
A copy of that order is enclosed for your use. If we can be of any assistance,
please do not hesitate to call on us.
Best regards.
RGH/gr
Encosures:
- Copy of Order
cc: Mr. Coughlin
Dr. Merliss
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6 IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
7 IN AND FOR THE COUNTY OF WASHOE
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ZACHARY BARKER COUGHLIN,
Appellant,
vs.
MATT MERLISS,
Respondent.
__________________________ 1
Case No.:
Dept. No.:
ORDER
CV11-03628
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Currently before this Court are two matters initiated by Appellant ZACHARY BARKE
COUGHLIN but submitted-and opposed-by Respondent MATT MERLISS. The first is
Motion to Alter or Amend Order, or Pled in Alternalid [sic] Motion to Set Aside Attorney Fe
Award and Motion for Order Shortening Time and Notice of Appeal of A tty [sic] Fee Award a
6/25/12 filed on July 24,2012. Merliss filed an Opposition to "A1otion to Alter or Amend Order,
or Pled in the Alternatid (sic), Motion to Set Aside Attorney Fee Award and Motion for Orde
Shortening Time and Notice of Appeal of A tty (sic) Fee Award of 6/25/12" on July 31, 2012.
Coughlin filed no Reply Brief and the matter was submitted for decision on August 10, 2012.
The second is a NRCP 60(b)(4) Motion to Set Aside Attorney's Fees filed on July 31
2012. Merliss filed an Opposition to NRCP 60(b)(4) Motion to Set Aside Attorney's Fees 0
August 10, 2012. Coughlin filed no Reply Brief and this matter was submitted for decision 0
August 22, 2012.
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F I L E D
Electronically
08-28-2012:04:32:12 PM
Joey Orduna Hastings
Clerk of the Court
Transaction # 3180815
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Essentially, both Motions seek to set aside this Court's June 25, 2012 Order grantin
attorney's fees to Merliss. Having reviewed both of Coughlin's Motions and the relevant la
applicable to each one, this Court finds each Motion is devoid of any facts or legal argument
sufficient to require or justify setting aside the attorney's fees award. And this is aside from th
myriad procedural and substantive deficiencies contained in each Motion.
Again, as was the case in Coughlin's attempt to set aside Merliss's award of costs
Coughlin's Motions here attempt to re-litigate substantive issues this Court has already decided,
or frivolous claims this Court has previously ignored. This Court has entered final judgment 0
the merits of Coughlin's underlying claim and awarded attorney's fees and costs to Merliss. Thi
Court will not revisit those decisions here, particularly when Coughlin alleges nothing that woul
satisfy the requirements ofNRCP 59 or NRCP 60. Accordingly, Coughlin's Motion to Alter 0
Amend Order, or Pled in Alternatid [sic] Motion to Set Aside Attorney Fee Award and Mofio
for Order Shortening Time and Notice ofAppeal ofAtly [sic] Fee Award of 6/25/12 and NRC
60(b)(4) Motion to Set Aside Attorney's Fees are DENIED.
In addition, Merliss requests this Court to sanction Coughlin for his repeated violations 0
the local rules of procedure. Merliss requests this Court to sanction Coughlin under WDCR 21
such that Merliss and his counsel need not oppose or reply to any further filings by Coughlin i
this case absent an Order to that effect from this Court.
Alongside the numerous procedural violations Coughlin has committed in filing hi
papers (ignoring page limits, missing deadlines, etc.), Merliss contends Coughlin's litigatio
tactics-including Coughlin's instant attempt to set aside the attorney's fees award-have bee
employed not to pursue arguments in good faith but to delay and harass him. Merliss contend
Coughlin's behavior has been not only abusive but costly, requiring Merliss to contest each an
every allegation Coughlin makes no matter how meritless. This Court agrees.
In addition to this Court's power under NRCP 11 to issue sanctions to deter abusiv
litigation practices and frivolous filings, "Nevada courts ... possess inherent powers of equit
and of control over the exercise of their jurisdiction." Jordan v. State De t. of Motor Vehicle
& Public Safety, 121 Nev. 44, 59, 110 P.3d 30,41 (2005), abrogated on other grounds by Buz
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Stew, LLC v. City of North Las Vegas, 124 Nev. 224, 228, 181 P.3d 670, 672 (2008).
Coughlin's aberrant behavior has become, unfortunately, common in this case. His failure t
followbasicrulesof practiceandtheabsenceinhisnumerousfilings ofanyarguablebasiseithe
in law or fact to support his various claims has led Merliss to needlessly incur costs tha
otherwise couldhavebeenavoidedhadCoughlin simplyfollowed therules. Consequently, thi
Court finds sanctions are appropriate under WDCR 21. Accordingly, this Court ORDER
Merliss and his counsel may but are not required to oppose or reply to any further filings b
CoughlininthiscaseabsentanOrdertothateffectfromthisCourt.
ITIS SOORDERED.
DATEDthis )8 dayofAugust,2012.
PATRICKFLANAGAN
DistrictJudge
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CERTIFICATE OF SERVICE
PursuanttoNRCP5(b),IherebycertifythatIam anemployeeof theSecondJudicial
DistrictCourtof theStateof Nevada,CountyofWashoe;thatonthis ciB dayof August,
2012,I electronicallyfiledthefollowingwiththeClerkof theCourtbyusingtheECFsystem
whichwillsendanoticeofelectronicfilingtothefollowing:
RichardHill,Esq.forMatthewMerliss;and
ZacharyCoughlin,Esq.forhimself.
I depositedintheWashoeCountymailingsystemforpostageandmailingwiththe
UnitedStatesPostalServiceinReno,Nevada,atruecopyof theattacheddocumentaddressed
to:
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