1 13 12 2JDC Elliott's Order Denyi Plt Mtn Reconsid, Set Aside, Vacate 12 8 12 Order Dismissal, Tax...

download 1 13 12 2JDC Elliott's Order Denyi Plt Mtn Reconsid, Set Aside, Vacate 12 8 12 Order Dismissal, Tax Costs Extension Time, Etc CV11-01955-2647152 (Ord Denying Motion)

of 4

Transcript of 1 13 12 2JDC Elliott's Order Denyi Plt Mtn Reconsid, Set Aside, Vacate 12 8 12 Order Dismissal, Tax...

  • 7/27/2019 1 13 12 2JDC Elliott's Order Denyi Plt Mtn Reconsid, Set Aside, Vacate 12 8 12 Order Dismissal, Tax Costs Extensio

    1/4

    F I L E DElectronically

    01-13-2012:10:14:06 AMJoey Orduna Hastings

    Clerk of the Court

    Transaction # 2699027123456789

    IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADAIN AND FOR THE COUNTY OF WASHOE

    10 ZACH COUGHLIN,111213 vs.

    Plaintiff, Case No.: CV11-01955Dept. No.: 10

    14 WASHOE LEGAL SERVICES et al;151617181920

    Defendants.ORDER DENYING PLAINTIFF S MOTION FOR RECONSIDERATION AND MOTION

    TO SET ASIDE OR VACATE ORDER GRANTING DISMISSAL MOTION TO TAXCOSTS; MOTION FOR EXTENSION OF TIME; AND ADDITIONAL MOTIONSPresently before the Court are several motions filed by Plaintiff ZACH COUGHLIN

    21 (hereafter Plaintiff' '). First, on December 15, 2011, Plaintiff filed a document titled22 Opposition to all Defendant's Motions to Dismiss and all Defendant's Motions to Quash23 Service, Motion for Extension of Time to Respond/Continuance; Opposition to Motion to24 Tax Costs Simultaneously Seeking Extensions of Time or Continuance to Respond25 (hereafter Plaintiff's Initial Motions ). The following day, December 16, 2011, Plaintiff file26 a document titled Supplement to Motion for Reconsideration and Motion to Set Aside27 NRCP 59, 60 Dismissal and Supplement to Opposition to all Defendant's Motions to Dismiss28 and all Defendant's Motions to Quash Service, Motion for Extension of Time to

    1

  • 7/27/2019 1 13 12 2JDC Elliott's Order Denyi Plt Mtn Reconsid, Set Aside, Vacate 12 8 12 Order Dismissal, Tax Costs Extensio

    2/4

    1 Respond/Continuance; Opposition to Motion to Tax Costs Simultaneously Seeking2 Extensions of Time or Continuance to Respond" (hereafter "Plaintiff's First Set of3 Supplemental Motions''). That same day, Plaintiff also filed a document titled "Opposition4 to all Defendant's Motions to Dismiss; Motion to Set Aside or Vacate Order Granting5 Dismissal NRCP 59, NRCP 50; Motion for Reconsideration" (hereafter "Plaintiff's Second Set6 of Supplemental Motions',).789

    111

    Subsequently, on December 27, 2011, Defendants WASHOE LEGAL SERVICES andPAUL ELCANO (hereafter "Defendants") filed an Opposition to Plaintiff's Motion forReconsideration and Motion to Set Aside or Vacate Order Granting Dismissal.Contemporaneously therewith, Defendants filed an Opposition to Motion to Tax Costs.

    12 Finally, on January 10. 2011, Defendants filed Requests for SubmisSion of Plaintiff's1314

    Motions, thereby submitting the matters for the Court's consideration.Although Plaintiff's arguments are unclear, he appears to argue-in his First Set of

    15 Supplemental Motions-that his service of Defendants was suff icient based on his16 production of an application for a driver's license by the server, video evidence of the17 service, an edited proof of service with typewritten additions by Plaintiff, and vague18 reference to additional attempts at service. However, this evidence is not substantially19 different from the evidence submitted by Plaintiff in his initial opposition to Defendants'2212223

    motion to dismiss, and the evidence does not cure the defects in service noted by theCourt in its Order Granting Motion to Dismiss for Insufficient Process and Other Relief.Likewise, the evidence does not show that the Court's conclusion was clearly erroneous.

    Accordingly, to the extent Plaintiff is seeking reconSideration through his motions,24 the Court concludes that Plaintiff's motions must be denied. See NRCP 59; Masonry and25 Title ContractorsAssn ofSo Nev v Jolly Urga & Wirth/ Ltd 113 Nev. 737, 741, 941 P.2d26 486, 489 (1997) (holding that a court may reconsider a previously decided issue if2728 The Court notes that Plaintiff's filings do not conform to District Court rules for such filings. Nonetheless, inthe interest of fairness, the Court will consider the merits of Plaintiff's arguments.

    -2-

  • 7/27/2019 1 13 12 2JDC Elliott's Order Denyi Plt Mtn Reconsid, Set Aside, Vacate 12 8 12 Order Dismissal, Tax Costs Extensio

    3/4

    1 substantially different evidence is subsequently introduced or the decision is clearly2 erroneous''). For the same reasons, the evidence advanced by Plaintiff does not meet the3 standard for setting aSide or vacating the Court's dismissal of his Complaint pursuant to4 NRCP 60.5 Although Plaintif f lists additional motions in the titles of his documents, he does not6 actually provide any argument to support those motions. Further, Plaintiff does not789

    10

    support any of his arguments with citation to relevant law. Accordingly, the Court mustdismiss the additional Motions brought by Plaintiff in the pleadings at issue. ee NRCP 7(b)(requiring that all pleadings must state with particularity the grounds therefor, and shallset forth the relief or order sought''). Therefore, the Court will issue the following orders:

    1231456178

    NOW THEREFORE IT S HEREBY ORDERED that Plaintiff's Motion forReconsideration and Motion to Set Aside or Vacate Order Granting Dismissal is DENIED.

    IT S FURTHER ORDERED that Plaintiff's Motion to ax Costs is DENIED.IT S FURTHER ORDERED that Plaintiff's Motion for Extension of Time is

    DENIED.IT S FURTHER ORDERED that Plaintiff's Init ial Motions are DENIED.IT S FURTHER ORDERED that Plaintiff's First Set of Supplemental Motions is

    19 DENIED.20222232425262728

    IT S FURTHER ORDERED that Plaintiff's Second Set of Supplemental Motions isDENIED.

    DATED this I d.. day of January, 2012.

    3

  • 7/27/2019 1 13 12 2JDC Elliott's Order Denyi Plt Mtn Reconsid, Set Aside, Vacate 12 8 12 Order Dismissal, Tax Costs Extensio

    4/4

    2

    CERTIFIC TE OF M ILING

    I hereby certify that I electronically filed the foregoing with the Clerk o the Court by3 using the ECF system which served the following parties electronically:45 JOSEPH GARIN, ESQ. for MELISSA MANGIARACINA, KATHY BRECKENRIDGE, BOARD PRES.OF WLS, MARC ASHLEY, TODD TORVINEN, KATHY BRECKENRIDGE, TODD TORVINEN,6 WLS BOARD MEMBER, PAUL ELCANO, PAUL ELCANO, EXECUTIVE DIRECTOR, WLSBOARD, WASHOE LEGAL SERVICES78 GARY FULLER, ESQ. for COMMmEE TO AIDE ABUSED WOMAN9 ZACHARY COUGHLIN, ESQ. for ZACH COUGHLIN

    1 BRIAN GONSALVES, ESQ for TAHOE WOMEN S SERVICES1112134

    156789

    22122232425262728

    D TED this I h day o a n u a r y ~ 2 : .~ ~ = = =f ~ n = _I H ~Judicial Assistant

    4