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. 2645
LAWOFFlCE
RICHARD G. HILL
RICHARD G. HILL, ESQ.
2 State Bar No. 596
CASEY D. 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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IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
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10 ZACHARY BARKER COUGHLIN, )
) Case No.: CVll-03628
11 Appellant, )
) Dept. NO.7
12 v. )
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13 MATT MERLISS, )
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14 Respondent. )
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16 OPPOSITION TO MOTION TO AMEND OR ALTER" JUDGMENT"
17 Respondent, MATT MERLISS ("MERLISS"), by and through his counsel,
18 RICHARDG. HILL, LTD., andCASEYD.BAKER,ESQ.,opposesthemotiontoamendfiled
19 herein on January 30, 2012 by appellant, ZACHARY COUGHLIN ("COUGHLIN"). To the
20 extent it is even decipherable, Coughlin's motion is nonsense, and filed only to delay this
21 matter and drive up fees. This opposition is based on the points and authorities below and
22 all papers and pleadings on file herein.
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POINTS AND AUTHORITIES
Merliss believes the court to be familiar with the substantive and procedural
25 facts of this appeal, and will not needlessly repeat them here.
26 Coughlin appears to ask the court for alternative relief; although, as typical, the
27 caption of Coughlin's paper has little to do with the actual discernable content of the
Post Office Box 2551 28 III
Reno. Nevada 89505
(775) 348-0888
Fax(775) 348'()858
lAW OFFICE
RICHARD G, Hill
1 document. Coughlin appears to be complaining about this court's order of January 11,
2 2012, wherein the court properly denied his request for a stay of the Reno Justice Court's
3 Order Resolving Personal Property Lien.
4 Substantively, neither of the rules of civil procedure that Coughlin purports to
5 invoke in the instant motion apply here. It is therefore logical that the motion was filed to
6 delay these proceedings. Because Coughlin's motion lacks any basis in law whatsoever, the
7 unarticulated relief he is seeking must be denied.
8 Coughlin first asks the court to "amend or make additional findings of fact"
9 under NRCP 52(b). By its terms, that provision only applies when a final judgment has
10 been entered by the court, either after trial or by summary judgment. See NRCP52( a). No
11 final judgment has ever been entered by this court in this case. The court's January 11,2012
12 order is not a "judgment" because it does not fully and finally resolve all claims of all
13 parties. Simmons Self-Storage Partners, LLCv. Rib Roof, Inc., 127 Nev. __ (Adv. Opin.
14 6),247 P.3d 1107, 1108 (March 3, 2011), Lee v. GNLVCorp., 116 Nev. 424, 426,996 P.2d
15 416,417 (2000). Thus, even if findings of fact were made by the court in its January 11,
16 2012 order, relief under NRCP 52(b) is simply not available to Coughlin. Further, Coughlin
17 does not even articulate what findings he wants amended under Rule 52, what additional
18 findings he thinks the court should have made, or the evidentiary basis for any such request.
19 As to the extent he tries to invoke Rule 52, Coughlin's motion is completely devoid of any
20 merit whatsoever.
21 Coughlin alternatively asks the court to "alter or amend" its January 11,2012
22 order under NRCP 59. Presumably, Coughlin is attempting to invoke NRCP 59(e), which
23 provides that "[a] motion to alter or amend the judgment shall be filed no later than 10
24 days after service of written notice of entry of the judgment." NRCP 59(e) (emphasis
25 added). Again, no judgment has ever been entered by this court in this case, so there is no
26 judgment for this court to alter or amend. Coughlin is therefore not entitled to any relief
27 under NRCP 59, either.
Post Office Box 2551 28 III
Reno, Nevada 89505
(775) 348-0666
Fex(775) 348-0658
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LAW OFFICE
RICHARD G. HILL
1 Coughlin spends an inordinate amount of time and space pasting string cites
2 about appeals into his motion. It is entirely unclear from Coughlin's ramblings whether he
3 is simply telling the court that he intends to appeal its January 11, 2012 order, or whether
4 he is asking the court to treat the instant motion as a notice of appeal. In any event, the
5 Court's January 11,2012 order is not appealable as a final judgment.
6 The only thing that is clear from Coughlin's motion is that it is interposed only
7 for delay. A review of Section IV(A) of Coughlin's motion, beginning at the bottom of page
8 8, makes this conclusion inescapable. Coughlin's only goal is to delay these proceedings
9 as long as possible, and continue to drive up Merliss' fees. Coughlin's behavior is so abusive
10 and without any basis in law, it cannot be tolerated any longer by this court. Coughlin's
11 motion is a waste of time and resources for the Court and all those involved. Coughlin
12 should be sanctioned for his vexatious litigation tactics. NRS 7.085(1)(b).
13 WHEREFORE, Merliss prays that Coughlin take nothing byway of his motion,
14 and that same be denied in its entirety; that Coughlin be sanctioned in the amount of
15 $500.00, as and for the attorney's fees he has caused Merliss to incur responding to his
16 frivolous and dilatory motion; and for such other, further and additional relief as seems just
17 to the court in the premises.
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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.
t2ri
DATED this v day of February, 2012.
RICHARD G. HILL, LTD.
CASEY D. B R, ESQ.
652 Forest Street
Reno, Nevada 89509
Attorney for respondent Matt Merliss
Post Office Sox 2551 28
Ref'lo, Nevada 89505
(775) 3480686
Fax(775) 3480856
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LAW OFFICE
RICHARD G. HILL
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CERTIFICATE OF SERVICE
Pursuant to NRCP 5(b), I hereby certify that I am an employee of RICHARD G.
3 HILL, LTD., and that on the 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 Motion to Amend to:
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Zach Couffihlin, Esq.
1422 E. 9 Street, #2
Reno, Nevada 89501
Post Office Box 2551 28
Reno, Navada 69505
(775) 348-0666
Fax(775) 348-0858