gr 1 Code No.

2010
LAW OFFICE
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
10 ZACHARY BARKER COUGHLIN, )
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13 MATT MERLISS,
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Appellant,
Respondent.
Case No.: CVll-03628
Dept. NO.7
MOTION FORA'ITORNEY'S FEES
17 Respondent, MATT MERLISS, by and through his counsel, RICHARD G. HILL,
18 LTD., and CASEY D. BAKER, ESQ. moves the court, pursuant to NRS 69.050 and NRS
19 7.085, for an award of attorney's fees. This motion is based on the above-referenced
20 statutes, the record on appeal ("ROA"), the points and authorities below, and all papers and
21 pleadings on file herein.
22 POINTS AND AUTHORITIES
23 FACTS AND PROCEDURAL HISTORY
24 1. This is an appeal from a summary eviction entered in the Reno Justice Court
25 ("RJC"). Reference is made to the Findings of Fact, Conclusions of Law, and Order for
26 Summary Eviction entered by the RJC on October 27, 2012 for the facts of the underlying
27 eviction. ROA, Vol. II, pp. 75-80.
Post Office Box 2551 28 III
Reno, Nevada 89505
(775) 348-0888
Fax(77 5) 346-0856
F I L E D
Electronically
04-19-2012:04:14:36 PM
Joey Orduna Hastings
Clerk of the Court
Transaction # 2901160
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lAW OFFICE
RICHARD G. Hill
Post Office Box 2551
Reno, Nevada 89505
(775) 348-0888
Fax(775) 348-0858
2. Coughlin filed his first notice of appeal in the eviction case on November 3,
2011, two days after he was properly and lawfully locked out ofthe property. ROA, Vol. III,
pp. 229-233. Coughlin inexplicably filed an additional notice of appeal on November 23,
2011. ROA, Vol. III, P.5.
3. Since filing his first notice of appeal, Coughlin has deliberately engaged in
a pattern of abusive, vexatious, and most importantly, expensive behavior in both this
appeal andin the case below. Coughlin continued tofile motions and other documents, and
engage in other inappropriate and time-consuming behavior in the RJC, both before and
after the first ROA was finally sent up to this court, some seven weeks after the first notice
of appeal was filed. The court is askedto take judicial notice, pursuant to NRS 47.130, that
the RJC sent up a supplement to the ROA on January 4, 2012, which consisted of 21
additional items. It is beyond any doubt that Coughlin's behavior has been specifically
calculatedto cause Merliss to needlessly incur additional attorney's fees and costs. Byway
of example and not necessarily limitation:
3.1. On November 13, 2011, almost three weeks after the eviction was
granted in open court, and two weeks after he was properly and legally locked out of the
property, Coughlin was found to beliving in the basement ofthe home. Coughlin's trespass
led to his arrest. That necessitated additional motion practice andother activity by Merliss'
counsel. Even now, Coughlin refuses, or is unable, to grasp that what he was doing was
unacceptable, both criminally and in the context ofthis litigation. See NRS 22.020. Prior
to being caught illegally squatting on the property, Coughlin had increased his personal
attacks on Merliss, his counsel, and others, most ofwhom were only tangentially involved
in the eviction matter. See, e.g., the "Complaint" Coughlin attempted to file against all of
those individuals in case no. CVU-03126.
3.2. For weeks after he first filed his notice of appeal, Coughlin
continued to file additional motions and other papers in the Reno Justice Court, even while
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LAWOFFICE
RICHARD G. HILL
PostOfficeBox2551
Reno, Nevada89505
(775)348-0888
Fax(775)348-0858
avoidingthatcourt'seffortstosetahearingonthosemotions. SeeROA,Vol.IV,pp.22-23.
Duringthattime,Coughlinsupplementedhismotionpracticewithdozensoflengthyand
abusiveemailstoboththejustice'scourtandcounsel- thepurposeofwhichwassimplyto
keepthefight going. All ofCoughlin'sbehaviorduring thattimerequiredsubstantial
additionalworkbyMerliss'counsel,farbeyondanythingina"normal"eviction.
3.3. Afteralengthyhearing,Coughlinwasgrantedadditionaltimeto
removehisbelongingsfromthepropertyinlateDecember2011.
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Ofcourse,theremoval
processitselfwasnotwithoutsubstantialfurtherbickeringandunnecessarydifficulty,all
of whichwasbroughtonbyCoughlin'sinsistenceoncreatingconfrontationwherenone
shouldhaveexisted.
3-4. Forexample,Coughlinchosetospendthefirstofhistwoallotted
dayssendingcombativeemailstobothJudgeSferrazzaandMerliss'counsel, insteadof
diligentlytryingtoremovehisbelongings. Atonepoint,Coughlinevenannouncedthathe
wasentitledtoastayoftheproceedings,andthatwouldallowhimtoreturnto,andretake
possessionof,theproperty.JudgeSferrazzanotifiedCoughlinthatastayhadbeendenied.
SeeEXHIBIT1,whichisatrueandcorrectcopyof thereferencedemailsof December22,
2011. BecauseCoughlinchosetowastehalfofhisallottedtimetryingtopickafightover
thatwhichwasalreadymoot,hefailedtoremoveallof hisbelongingsfromtheproperty.2
This,ofcourse,ledhimtofileamotionforatemporaryrestrainingorder("TRO")inthis
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1 Coughlinhadoneweekfromthetimethecourtruled,onOctober25,2011,that
hewouldbeevicted,untilhewaslockedoutonNovember1,2011. Then,hewascoming
andgoing onthepropertyfor anothertwoweeks. Yet, duringthis time, hefailed to
removeanyofthispossessions. Inthatregard,thecourtshouldknowthatMr.Coughlin
isahoarder.
2 Even though Coughlin removed at least one full U-Haul box truck of his
belongingsfromtheproperty,hestillleftmountainsof"junk"behind.Forexample,there
werenolessthan13automobileseatsinthebasement. Thebackyardwasfull,uptothe
topofthesixfoot fence, withdiscardedtelevisions, carbodyparts,tires, andbroken
furniture.
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LAWOFFICE
RICHARD G. HILL
PostOffice Box2551
Reno. Nevada69505
(775)348-0888
Fax(775)348-0858
court, which is discussed further, below. When Coughlin's TRO motion was denied, that,
in turn, led him to physically attempt to interfere with Merliss' efforts to dispose of the
property Coughlin had chosen to abandon. Predictably, the end result was substantial
additional fees incurred by Merliss, which was, of course, Coughlin's goal all along.
3.5. In addition to his continued activity in the RJC, Coughlin has filed
hundreds ofpages of abusive, and often nonsensical, materials with this court, in which
he has repeatedly sought relief to which he was not even arguably entitled. In many of his
filings, Coughlin failed to even identify, much less analyze, the controlling law on the
subject. Nevertheless, Merliss was forced to respond to those filing, lest the court take
Merliss' silence as an admission under DCR 13(3) that Coughlin's requests were
meritorious.
3.6. For example, Coughlin's December 30, 2011 motion for a
temporary restraining order was 20 pages long, excluding exhibits. Coughlin, a lawyer,
failed to identify or discuss the controlling law, NRCP 65(b) and NRS 33.010, in any way.
Inaddition to being procedurally deficient, that motion was substantively without any merit
whatsoever, and this court so found. See this court's Order dated January 11, 2012.
Nevertheless, Merliss was forced to incur attorney's fees to respond to that frivolous
motion, and, as a safe-harbor, delay his efforts to clean out and re-Iet the property, causing
him further damage.
3.7. On January 12, 2012, after his motion for a TRO was denied,
Coughlin chose to resort to the self-help tactic ofphysically interfering with Merliss' efforts
to clean out the property. See Merliss' motion for order to show cause filed herein on
January 20, 2012 for further particulars. Those antics ultimately led to Coughlin's arrest,
and additional motions and hearings, continuing his tactic of causing Merliss more and
more fees.
3.B. On January 14, 2012 in this case, Coughlin filed a document titled
"Opposition to Motion for Attorney's Fees," even though no such motion had been filed.
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LAWOFFICE
RICHARO G. HILL
Post Office Box 2551
Reno. Nevada 89505
(775) 348-0888
Fax(775) 348-0858
3.9. OnJanuary30,2012,Coughlinfiledamotiontoalteroramend
thiscourt'sJanuaryn,2012orderunderNRCP52(b)or59.Onceagain,Coughlin'smotion
waswithoutanymeritwhatsoever,butneverthelessrequiredafull response. Coughlin
completelyignoredthefundamental,thresholdrequirementthatnojudgmenthadbeen
enteredin this case, and, therefore, no reliefwas available to him underthe rules he
purportedtoinvoke. EachandeveryoneofCoughlin'snumerousandlengthymotionshave
been so devoid ofany factual orlegal basis so as to be sanctionable in and among
themselves. NRS7.085. NRCP neb).
3.10. OnFebruary2,2012,Coughlinfiledanoticetosetahearingin
thiscaseinDepartment10. Hecitedirrelevantandinapplicablestatutesinsupportofhis
notice. Merliss incurred fees in moving the court to strike Coughlin's fugitive and
nonsensicalnotice.
4. TheoverridingproblemMerlisshasconsistentlyfacedwhenrespondingto
Coughlin'smUltipleandlengthyfilingshasbeenthatCoughlin,anattorney,wasabletoat
least identifyjust enough law so that his motion or other papers could not be left
unopposed. Coughlin never presented any true legal analysis to the court, but his
invocationofarguablyrelevant statutes, or,atleast, possiblelegal theories (e.g. TRO),
forcedMerlisstorespondtoeachofhisfrivolousfilings. Merlisscouldnotriskthecourt
accepting some random citation in Coughlin's papers and entering an adverse ruling
becauseMerlisshadnotopposedit. SeeDCR13(3). Often,aswasthecasewiththeseries
ofdocuments Coughlin filed from April 5 through April 9, 2012, Coughlin simply
regurgitatedandrefiledthesamedocumentoverandover,butwithadifferenttitleand
(sometimes)adifferentprayerforrelief.Thatstringoffilings,inparticular,didnotcontain
anyrelevantcitationtoanycontrollingauthority,oranycogentanalyses,tosupportany
reliefCoughlinclaimedhewasrequesting.Cf.,NRCP7(b). BecauseCoughlinknewenough
toatleastaskforsomerecognizableform ofreliefinthecaptionandprayerfor relief,
MerlisscouldnotsimplyignoreCoughlin'spapers. Andtomakemattersworse,because
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LAW OFFICE
RICHARD G. HILL
Post Office Box 2551
Reno, Nevada 89505
(775) 348-0888
Fax(775) 348-0658
Coughlin'smotionsweresodevoidofanycoherentanalysis, Merliss'counselwasoften
forcedtobrieftheentiredocumentforthecourt,ratherthanfocusinghisoppositiononany
particularelement orotheraspect ofthelaw. All ofthis resulted in anextraordinary
amountof feesneedlesslyheapeduponMerlisstotrytoconcludewhatshouldhavebeen
asimple"no-cause"summaryeviction.
5. CoughlinisanattorneydulylicensedassuchbytheStateofNevada. His
statebarnumberis9473.
6. SinceCoughlinfiledhisfirstnoticeofappealonNovember3,2012,Merliss
hasincurred$42,065.50 inattorney'sfees. As explainedbyMr. Hillinhisdeclaration
(EXHIBIT4,hereto),thosefeesdonotincludeasubstantialamountof editingandother
activitiesperformedbyhiminthiscase. UnderNRS 69.050,thiscourtisauthorizedto
awardMerliss,astheprevailingpartyonappeal,hisfeesfor"allservicesrendered"inhis
behalf.Anawardoffeesisalsoavailable,andappropriate,underNRS7.085,forCoughlin's
frivolous andunnecessarydefenseandextensionofthismatter. It ishardtoimaginea
moreappropriatecasethanthisinwhichtoawardthemaximumamountjustifiedbythe
substantialevidencebeforethecourt.
LAW
1. Referenceis madetoNRS 69.050("Intheeventofanappeal,thedistrict
courtisauthorizedtoawardtotheprevailingpartyallcostsofcourtasnowallowedbylaw
incurredbysuchparty,andalsoareasonableattorneyfeetobefixedandallowed
bythedistrictcourt forall services renderedinbehalfoftheprevailingparty").
2. ReferenceismadetoNRCP54(d)(2)(A)("Aclaimforattorneyfeesmustbe
madebymotion.")
3. ReferenceismadetoNRS7.085,whichprovidesinfullasfollows:
1. Ifacourtfindsthatanattorneyhas:
(a) Filed,maintainedordefendeda civil action or
proceedinBinanycourtinthisStateandsuchactionordefense
is not well-grounded in fact or is not warranted by
existinglaworbyanargumentforchangingtheexisting
lawthatismadeingoodfaith;or
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LAWOFFICE
RICHARD G. HILL
PostOfficeBox2551
Reno, Nevada89505
(775)3480888
Fax(775)3480858
(b) Unreasonably and vexatiously extended a civil
action or proceeding before any court in this State,
.. the court shall require the attorney personally to pay the
additional costs, expenses and attorney's fees reasonably incurred
because of such conduct.
2. The court shall liberally construe the provisions ofthis
section in favor of awarding costs, expenses and attorney's fees in
all appropriate situations. It is the Intent of the Legislature
that the court award costs, expenses and attorney's fees
pursuant to this section and impose sanctions pursuant
to Rule 11 of the Nevada Rules of Civil Procedure in all
appropriate situations toIunish for and deter frivolous
or vexatious claims and efenses because such claims
and defenses overburden limited Judicial resources,
hinder the timely resolution of merItorious claims and
increase the costs ofengaging in business and providing
professional services to the public.
NRS 7.085 (emphasis added).
ANALYSIS
I. MERLISS IS ENTITLED TO ANAWARD OF FEES UNDERNRS 69.050AND
NRS7.085
"Attorney's fees are not recoverable absent a statute, rule or contractual
provision tothe contrary." Bobby Berosini, Ltd. v. PETA, 114 Nev. 1348, 1356, 971 P.2d383
(1998) Here, the authority for an award of fees is provided by two statutes.
NRS 69.050 provides that the prevailing party on an appeal from justice' s court
is to be awarded "a reasonable attorney fee ... for all services rendered" on his behalf in
connection with this case. Merliss is entitled to his fees because he is the prevailing party
in this appeal. See this court's order dated March 30, 2012. Since the notice ofentry ofthe
court's order was served by Merliss on March 30, 2011, this motion is timely. NRCP
54(d)(2)(A). The proof required by NRCP 54(d)(2)(B) is set forth below and in the
Declaration of Casey D. Baker, attached hereto as EXHIBIT 3. Reference is also made to
the Declaration of Richard G. Hill, attached hereto as EXHIBIT 4.
An award of fees against Coughlin, an attorney representing himself, is also
appropriate under NRS 7.085. That statute is remedial, and requires a liberal
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LAW OFFICE
RICHARD G. HILL
Post Office Box 2551
Reno, Nevada 89505
(775) 348-0888
Fax(77S) 348-0858
construction of its own provisions. That law requires the court to award fees upon a
finding that Coughlin either:
(a) Filed, maintained or defended a civil action or proceeding in
any court in this State and such action or defense is not
well-groundedinfact or is not warrantedbyexistinglaw
or by an argument for changing the existing law that is
made in good faith; or
(b) Unreasonably and vexatiously extended a civil action
or proceeding before any court in this State,
NRS 7.085(1)(a)(b) (emphasis added).
Here, the court need look no further than its own file and the 2,000 + page ROA
to conclude that Coughlin has behaved unreasonably, vexatiously, and that none of his
"arguments" have been well-grounded in either fact or law. In fact, his rants and ravings
have been nothing more than him exacting revenge on Merliss andall those associated with
him. As such, a fee award is mandatory. As to the amount of fees, NRS 7.085 provides
that
the court shall require the attorney personally to pay the
additional costs, expenses and attorney's fees reasonably incurred
because of such conduct.
NRS 7.085(1) (emphasis added).
As proven above and below, the frivolity and vexatiousness of Coughlin's
maintenance and extension of this matter has been so beyond reason, and so outrageous,
andthe nexus of his behavior to the fees incurred by Merliss so direct and indisputable, that
nothing less than a full award of those fees should even be considered by the court. To not
impose the full measure of the harm Coughlin has caused would reward and encourage his
vexatiousness in this and other cases. There needs to be a day of reckoning for Coughlin's
antics.
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LAWOFFICE
RICHARD G. HILL
Post Office Box 2551
Reno, Nevada 89505
(775) 348-0888
Fax(775) 348-0858
II. COUGHLIN HAS INFUCTED $42,065.50INATIORNEY'S FEES UPON
MERLISSSINCETHEFILINGOFHISFIRSTNOTICEOFAPPEAL.
At everystage ofthis proceeding, both in andoutofcourt, Coughlin has
deliberatelyengagedinapatternofoutrageousandabusivebehaviorspecificallycalculated
tocauseMerlisstoneedlesslyincurattorney'sfeesandcosts. InitsOrderdatedMarch30,
2012,at2,thiscourtrecognizedthattherecordinthiscase"exceeds2,000pages."Asthe
courtis surely aware by now, that observation is butofthe tip ofthe iceberg thatis
Coughlin'sabusive,frivolous,andvexatiousstyleof litigationinthismatter. Thetimefor
Coughlintofacetheconsequencesofhisactionsisnow. Thiscourtcannolongerignorethe
factthatCoughlin,alicensedattorneyandcurrentmemberofthebar,hadone,andonly
oneagendainthiscase- todriveupfeesforMerliss. Inthisregard,andonlyinthisregard,
hehasbeenwildlysuccessful. ThestatedintentofNRS7.085(2),andtheimpliedintent
ofNRS69.050,isto"punishforanddeter"preciselythistypeof behavior.
Thiswasasummaryevictioncase. Summaryproceedingsareinformal.They
aredesignedandintendedbytheLegislatureto"dispensefairandspeedyjustice."N JCRCP
105.Forthatreason,thepartiesarenotentitledtoconductdiscovery. Noformalhearings
are required. No moneyisatdirectlyatstake. The onlythingatissueinasummary
proceedingis possessionoftheproperty. NRS 40.253(6). G.C. Wallace, Inc., v. Dist.
Court, 127Nev. Adv. Op. 64, 262 P.3d1135 (October6, 2011). Here,theresidencewas
subjecttoamonth-to-monthtenancythatcouldbe,andwas,properlyterminatedforno-
causebytheuseofacourt-approvedform. Summaryevictionproceedingsaredesigned
tobesimple,sothatlandlordsandtenantscanconductthemwithouttheneedforcounsel.
The Nevada Supreme Court has promulgateddozens offorms, andmadethose forms
available online, so thatthe entire proceeding, from beginningtoend, cantake place
withoutsubstantialdraftingthat wouldrequireanattorney.Summaryevictionproceedings
shouldneverrequirehundredsofbill ablehoursbyanattorneytocomplete.Yet,here,due
solelytoCoughlin'sunbelievablepropensityforconfrontation,hisirrationalrefusaltodeal
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LAW OFFICE
RICHARD G. HILL
Post Office Box 2551
Reno, Nevada 89505
(775) 348-0888
Fax(775) 3480858
withtherealityofthesituationhecreated,andhissingle-mindedfocusoncausingasmuch
damagetoasmanypeopleashepossiblycan,thehoursandfeesinthiscasehavebeen
drivenoutofallreasonablecontrol.
Substantively,allCoughlinhadtodotostoptheevictionbelowwastoshow,
byadmissibleevidence,thatasingle,materialfactualdisputeexistedfortrial. Anvui,
LLC v. C.L. Dragon, LLC, 123Nev. 212, 215,163P.3d405(2007). Hecouldnotevendo
that, despitefiling hundredsofpagesofbriefswiththecourt,anddespitethecourt
allowing himtwohearings, whichlastedinexcess of10hours,inwhichtopresenthis
claims. JudgeSferrazzadidnotdenyCoughlintheentryof evenasinglepieceof evidence.
Butstill,despiteallof hisravings,Coughlincouldnotmeetthisverylowburdenof proof.
Thatwasbecause,withoutexception,eachandeverywordCoughlinutteredinpursuit
ofhisfrivolousdefenseswascompletelyandabsolutelywithoutmerit. Thatwasjustthe
beginning,butitillustratesperfectlythefoundationuponwhichCoughlinbuilthisappeal
inthiscourt.
Oncehefinallymanagedtoperfecthisappealandfilehisbrief(s)inthiscourt,
Coughlincouldnotpointtoasingle,specific,articulableerrorbytheRJC. Heimproperly
filedtwoappellatebriefs,inexcessof50pages,plusaCD,butstillcouldnotevenidentify,
muchlessmeet,orevenapproach,hisevidentiaryburdenofshowingthatthelowercourt's
decisionwasclearlyerroneousandnotbasedonsubstantialevidence. SeeCibellini v.
Klindt, 110 Nev. 1201, 1204, 885P.2d540(1994). Coughlincouldnotcoherently
identifythefactualbasesforhisappealbecausetherewerenone,justlike
therewerenofactualbasesfortheridiculousandunsupporteddefensesof
habitabilityIretaliationldiscriminationheattemptedtosetupintheRJC.
Coughlin'sdefensesbelow,hisappeal,andeverymotionandotherpaper Coughlinhasfiled
have been perfectly frivolous. See BLACK'S LAw DICTIONARY 677 (i
h
ed. 1999)
("frivolous, adj. lacking a legal basis or legal merit; not serious; not reasonably
purposeful.")Cf.,NRS7.085(1)(a). Hiseffortstoextendthismatterinspiteofthat frivolity
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LAWOFFICE
RICHARD G. HILL
Posl Office Box 2551
Reno. Nevada 89505
(775)346-0886
Fax(775) 348-0858
havebeenperfectlyvexatious.Seeid. at1559 ("vexatious,adj. (Ofconduct)without
reasonableorprobablecauseorexcuse;harassing;annoying.")
Thepreposterous,unfounded, unsupported,andlargelyunarticulatedlegal
"arguments"Coughlinattemptedtomakeinthehundredsuponhundredsof pageshehas
filedinthiscourtaremorethanenoughtojustifyafullawardoffeestoMerlissunderNRS
7.085. Butthatistosaynothingofthesarcastic,abusive,derogatoryvitriolandpersonal
attacksCoughlinhasrepeatedlyheapedonMerliss,hiscounsel,thiscourt,theRJC,court
staff, his public defenders, various prosecutors, NevadaCourtServices employees, NV
Energy,andanynumberofotherwitnesses,lawyers,judges,andprivateindividualswho
wereunfortunateenoughtohavecrossedhispathinthepasteightmonths. Forsome
unknownandunexplainedreason,Coughlinhaschosenlitigationingeneral,andthiscase
inparticular,ashisforumforlashingoutatanyoneandeveryoneheperceivesaseven
remotelyconnectedto,orresponsiblefor,thedownwardspiralinwhichhefindshislife.
Merlissispreciselywithintheclassof person,andhassufferedpreciselythe
typeofharm,thatbothNRS69.050andNRS7.085weredesignedtoprevent
andremedy.
In considering this matter, it must not escape the court's attention that
Coughlin literallytookeverysingle opportunitythatpresenteditselftohimtodelay,
frustrate,andabusethiscourt'sandtheRJC'sprocesses,andallparticipantsinthismatter.
Severaltimes, Coughlin'santicshaveendedinhisarrestorcitationbytheRenoPolice
Department. Forexample,onNovember15, 2011, afterheburstintotheundersigned's
office,disruptingadeposition,andwasthereafterparadingupanddown thestreet filming
andyelling obscenities, Coughlin was cited shortly after leaving counsel's office. See
DeclarationofRichardG. Hill,Exhibit2tothemotionforordertoshowcausefiledinthe
RJConNovember21, 2011. ROA, Vol. III,pp.18-33. AndonJanuary12,2012,whenhe
wasarrestedforjaywalkingwhileattemptingtopreventMerliss'contractorfromdisposing
of thethingsCoughlinhadabandonedattheproperty. Thatday,shortlybeforehisarrest,
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LAWOFFICE
RICHARD G. HILL
PostOffice Box2551
Reno,Nevada89505
(775)348-0888
Fax(775)348-0858
Coughlin had been climbing on the contractor's truck, falsely accusing the contractor of
stealing his things, and feigning injury to prevent the contractor from entering the Waste
Management transfer station. See Merliss' second motion for order to show cause, filed
herein onJanuary 20,2012. See also, Coughlin's motion to alter or amend, filed on January
30, 2012, at 4:7, in which he states "Richard Hill keeps doing his Reno PD thing, I keep
getting arrested ... ". Coughlin has repeatedly and falsely accused Mr. Hill of bribing the
Reno Police to arrest him. Coughlin, of course, has never explained the relevance of this
ridiculous accusation to these proceedings. But his intent is obviously only to defame Mr.
Hill and deflect attention from his, Coughlin's, habitual criminal behavior.
In addition to the physical confrontations and harassment Coughlin has doled
out, he has sent hundreds of emails to the undersigned and Mr. Hill during the course of
these proceedings. Much like his court filings, those emails often contained page after page
of nonsensical string cites ofirrelevant legal authority, laced with abuse and name-calling.
Any original thought contained in those em ails usually consisted ofsome derogatory insult
or other personal tirade against Merliss or his counsel, in one form or another. Coughlin's
communications, some of which have been made exhibits in this proceeding, were more
often than not confused, confusing, and bizarre. His refusal to deal with reality, his
insistence on creating confrontation at every turn, his flagrant abuses of this court's
processes, and, ultimately, his criminal behavior, have cost Merliss an astounding amount
of fees, all of which Coughlin should pay pursuant to the mandate of NRS 7.085.
But there is more. According to his internet postings, Coughlin fancies
himself as "a landlord's worst mother effin (sic) nightmare." Coughlin states that he
sometimes defends tenants for free "just for shetz (sic) and gegs (sic)." See EXHIBIT 2
attached hereto, which is a true and correct copy of a printout from Coughlin's YouTube
page, which he operates and maintains under the username "25teddyjames." These two
statements alone strip away any veneer oflegitimacy for any of Coughlin's "legal
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LAWOFFICE
RICHARD G. HILL
Post Office Box 2551
Reno, Nevada 89505
(775) 348-0888
Fax(775) 348-0858
arguments" inthis case. Perhaps even more disturbing, Coughlin is obviouslyand
blatantlyproud ofthefactthathisanticshavecostMerliss,andothers,suchastaggering
amountoffees. SeeCoughlin'sSupplement toMotiontoVacateHearingonOrder toShow
Cause,at6:15-16,wherehestates".. .AND RICH AND CASEY CAN ENJOY THE MONEY
THE (sic) JUST EARNED. AND BY GAWD, THEY DID EARN IT, DIDN'T THEY?"
(emphasisinoriginal). ThisallprovesthatCoughlin'sbehaviorwasintentional.
To call Coughlin's litigation "tactics" unprofessional would be an
understatementofhistoricproportions. ButunfortunatelyforMerliss,allofCoughlin's
nonsense has hadto be read, absorbed, analyzed, anddealt with byMerliss' counsel,
whetherornotaformalresponsewaseverfiledwiththecourt. Duetotheconsistentand
pervasiveincoherencyof eachandeveryoneofCoughlin'sfilings, allof thatactivityhas
takenaspectacularlydisproportionateamount ofcounsel'stime.That,ofcourse,hasended
upcostingMerlissanobsceneamountof money,whichisexactlytheresultCoughlinnot
onlyintended,butproclaimedfromthebeginningashisgoal.
Coughlinhasgone togreatlengthstomakethecourt,Merliss,andanyoneelse
whowouldlisten,awarethathe,Coughlin,claimstobewithoutfinancialresources. See
Coughlin'smotiontoproceedinformapauperisonappeal,filedhereinonFebruary16,
2012. Herepeatedlyrailsagainstwhatheperceivesasdisparatetreatmentofhim, and
those he believes to be wealthy, privileged, or even employed, including Merliss, his
counsel,andmembersofthejudiciaryandlocalpoliceforce. See,e.g,Coughlin'smotion
toalteroramendorderdenyinghismotiontoproceedinformapauperis,filedhereinon
April5,2012. Butevenifthatwerethe case,thatCoughlinhaslessfinancialresourcesthan
others,thatdoesnotgivehimtherighttofoistthecostsofhisgamesmanshiponthosewho
havebeenunfortunateenoughtobecomeinvolvedinlitigationwithhim.
A suitatlawisnotachildren'sgame,butaseriouseffort
onthepartofadulthumanbeingstoadministerjustice.
Tremps v. Ascot Oils, Inc., 561F.2d41,44(7thCir.1977)(emphasisadded).
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LAWOFFICE
RICHARD G. HILL
Post Office Box 2551
Reno, Nevada 89505
(775) 346-0888
Fax(775) 346-0858
Thatis a conceptthatCoughlin, a currentmemberofthebar, does notyet
grasp, but needs to learn. NRS 69.050 and NRS 7.085 are designed and specifically
intendedtoteachthatlessontolitigantssuchas Coughlin,todeterfuturesimilaracts.
Here,eitherasaresultofhiscompleteindifference,orbyspecificdesign,Coughlin'santics
havecostMerlissaverylargeamountofveryrealmoney. Merlissdoesnothavetheluxury
ofrepresentinghimselfwithoutincurringactualfees,asCoughlindoes. Instead,Merliss
was forced to pay real lawyers to practice real law in the face ofCoughlin's childish,
frivolous, and reckless abuses ofthecourtsystem. Thefees inflictedupon Merliss to
litigate,andeventuallyprevail,inthismatter,shouldbebornebyCoughlin,thesole,direct,
andproximatecauseofthatharm. NRS 7.085.NRS69.050.
CONCLUSION
Coughlin is a grown man, andanattorney. It is timefor him toface the
consequencesof hisactions. Thiscourtcannolongertolerateorignorethefinancial harm
CoughlinhaspurposefullyandrecklesslyinflictedonMerlissinthiscase. Merlisshas
incurred a staggering amount of fees in this matter due exclusively toCoughlin's
unprofessional, frivolous, andabusive litigation "tactics," including his often criminal
behavior. Merlissisentitledtorecoupthosefeesnow. NRS69.050. NRS7.085. Coughlin
isentitledtoandpraysforanawardof feesintheamountof$42,065.50pursuanttothe
referencedstatutes.
WHEREFORE, Merliss prays for an order ofthis court, pursuantto NRS
69.050andNRS7.085, awardingMerlisshisattorney'sfeesinthismatterintheamount
of$42,065.50,plusanysumsreasonablyincurredinrespondingtoanyadditionalpapers
thatmaybefiledinthiscasebyCoughlin;andforsuchother,further,andadditionalrelief
asseemsjusttothecourtinthepremises.
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LAWOFFICE
RICHARD G. HILL
PoSI OfficeBox2551
Reno. Nevada89505
(775)348-0888
Fax(77S) 346-0858
AFFIRMATIONPursuanttoNRS239B.030
Theundersigneddoes herebyaffirmthattheprecedingdocumentdoesnot
containthesocialsecuritynumberofanyperson.
DATEDthis \q dayofApril,2012.
RICHARDG. HILL,LTD.
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LAWOFFICE
RICHARD G. HILL
PostOfficeBox2551
Reno, Nevada69505
(775)348-0686
Fax(775)346-0858
CERTIFICATEOFSERVICE
PursuanttoNRCP5(b),IherebycertifythatIamanemployeeof RICHARDG.
HILL, LTD., andthatonthe \ dayofApril, 2012,I electronicallyfiledtheforegoing
Motion/or Attorney's Fees withtheClerkoftheCourtbyusingtheECFsystemwhichwill
sendanoticeofelectronicfilingtothefollowing:
ZachCoumhlin,Esq.
1422E. 9 Street,#2
Reno,Nevada89501
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EXHIBIT INDEX
LAW OFFICE
RICHARD G. HILL
PostOfficeBox2551
Reno. Nevada89505
(775)348"()6BB
Fax(775)348-0858
EXHIBIT NO. DESCRIPTION PAGES
2 1 Emails dated 12/22/11
2 Coughlin's YouTube page 8
3
Declaration of Casey D. Baker 13
4
Declaration of Richard G. Hill
3
F I L E D
Electronically
04-19-2012:04:14:36 PM
Joey Orduna Hastings
Clerk of the Court
Transaction # 2901160
Page lof2
Casey Baker
From: Sferrazza, Pete [psferrazza@washoecounty.usJ
Sent: Thursday, December 22, 2011 2:33 PM
To: zachcoughlin@hotmail.com; cdbaker@richardhillaw.com
Cc: Stancil, Karen
Subject: RE: inventory continued
Dear Mr Coughlin:
The stay was denied. You will need to ask the District Court for a stay.
Pete Sferrazza
From: Zach Coughlin [mailto:zachcoughlin@hotmail.com]
Sent: Thursday, December 22,201112:09 PM
To: Sferrazza, Pete; cdbaker@richardhillaw.com
Subject: inventory continued
Dear Judge Sferrazza and Mr. Baker,
Additionally some rare book are missing, family photographs/keepsakes/heirlooms/media, I believe the ....
hammer weighted action casio 88 key PX 330 is the model number, I believe, I will have to
check ....... Further, this is all moot at this point as I have filed a Supersedeas Bond of $250, and according
to NRS 40.385, I automatically get a stay of eviction and am entitled to return to the property and
continue in possession. The tatute sets the Supersedeas Bond (which yields a stay) at $250 if
rent is under $1000, unlep the Court wishes to rule that I am a commercial tenant.
However, if the court does rule that I am a commercial tenant, the No Cause Eviction Notice
in this case, under NRS 40.253 makes a Summary Eviction Proceeding impermissible, as
Summary Eviction Proceedings are not allowed against commercial tenants where only a No cause
Eviction Notice is filed. Its one or the other, but Mr. Hill and Baker cannot have it both ways. Further,
the Courts Order of December 21, 2011 is just that, and Order, its not an agreement, its not a
settlement, etc, etc. and the audio record clearly reflects that.
NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to pay
rent during stay. Upon an appeal from an order entered pursuant to NRS 40.253:
1. Except as otherwise provided in this subsection, a stay of execution may be obtained by filing with the
trial court a bond in the amount of $250 to cover the expected costs on appeal. In an action concerning a
lease of commercial property or any other property for which the monthly rent exceeds $1,000, the court
may, upon its own motion or that of a party, and upon a showing of good cause, order an additional
bond to be posted to cover the expected costs on appeal. A surety upon the bond submits to the
jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the surety's agent
upon whom papers affecting the surety's liability upon the bond may be served. Liability of a surety may
be enforced, or the bond may be released, on motion in the appellate court without independent action.
2. A tenant who retains possession of the premises that are the subject of the appeal during the
pendency of the appeal shall pay to the landlord rent in the amount provided in the underlying contract
between the tenant and the landlord as it becomes due. If the tenant fails to pay such rent, the landlord
may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to
NRS 40.253.
Sincerely,
Zach Coughlin, Esq.
4/18/2012
Page 2 of2
817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473
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F I L E D
Electronically
04-19-2012:04:14:36 PM
Joey Orduna Hastings
Clerk of the Court
Transaction # 2901160
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gr
LAWOFFICE
RICHARD G. HILL
PostOffice Box2551
Reno, Nevada69505
(775)348"()888
Fax(775)348"()858
Code No. 1520
RICHARD G. HILL, ESQ.
State Bar No. 596
CASEY D. BAKER, ESQ.
State Bar No. 9504
RICHARD G. HILL, CHARTERED
652 Forest Street
Reno, Nevada 89509
(775) 348-0888
Attorney for Respondent Matt Merliss
IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
ZACHARY BARKER COUGHLIN, )
) Case No.: CVll-03628
Appellant, )
v.
)
)
Dept. NO.7
)
MATT MERLISS, )
)
Respondent. )
)
DECLARATION OF CASEY D. BAKER, ESQ.
CASEY D. BAKER, ESQ., being first duly sworn, deposes and under penalty of
perjury avers:
1. I am a resident of the City of Reno, County ofWashoe, State of Nevada,
and over 18 years ofage. This declaration is based on my personal knowledge, except those
matters stated on information and belief, and as to those items I believe them to be true.
This declaration is made in support of respondent's Motion for Attorney's Fees, and
represents my testimony if called on to present same in court.
2. I am an attorney duly licensed as such by the State of Nevada to practice
before all courts of this State and maintain my office at 652 Forest Street, Reno, Nevada,
where I am employed as an associate for the law firm of Richard G. Hill, Ltd. I am also
licensed to practice before the United States District Court for the District of Nevada.
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LAW OFFICE
RICHARD G. HILL
Post Office Box 2551
Reno, Nevada 89505
(775) 348-0668
Fax(775) 348-0656
3. Myofficerepresentstherespondent,Dr.MatthewMerliss,inthismatter.
4. AttachedheretoasEXHIBIT"I"isatrueandcorrect(redacted)copyof a
billing"activityreport"generatedbymyofficeshowingworkperformedsinceNovember
3,2012aspartof myoffice'srepresentationof Dr.Merlissinconnectionwiththismatter.
I have only redacted those portions of the billings which might reveal privileged
information(Le.,attorney-clientandlorattorneyworkproduct)orchargeswhichdonot
pertaintotheinstantmatter.All chargesarisingfromtheentriesontheattachedreport
wereactually,reasonablyandnecessarilyincurredonbehalf of myclientinthiscase. The
datapresentedis,essentially,thebillingssenttotheclientsinaslightlymodifiedformat.
a) ThechargesformytimepriortoMarch1, 2012wereallassessed
attherateof$225.00perhour, whichwasmystandardhourlyrateatthattime. The
chargesformytimebeginningonandafterMarch1, 2012wereallassessedattherateof
$250.00perhour, whichismystandardratenow. Uponinvestigationandexperience,
theseratesarewellwithintherangeoffeeschargedbyotherattorneysinthecommunity.
5. ThetotalfeesincurredbyMerlissinconnectionwiththismattersince
November3,2012are$42,065.50.
6. InaccordancewiththefactorsenunciatedbytheNevadaSupremeCourt
inBrunzellv. Golden Gate Nat. Bank, 85Nev.345,349,455P.2d31(1969)andasset forth
inNRPC1.5,IshowtheCourt:
a) IhavebeenpracticinglawinNevadaforover6years. Mypractice
emphasizescollections,realestate,realestatelitigation,construction,constructiondefect,
business,businesslitigationandgeneralcommerciallaw.
My current standard hourly rate is $250.00 perhour. Upon inquiry, I
understandthatratetobewellwithintherangeoffees chargedbyotherattorneyswith
comparablequalificationsinthecommunityforsimilarservices.Thefeeschargedwere
actually,reasonablyandnecessarilyincurred.
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LAWOFFICE
RICHARD G. HILL
PostOffICe Box2551
Reno, Nevada89505
(775)348"()888
Fax(775)348-0858
b) Most of the work that was actually performed in connection with
this matter is itemized on EXHIBIT "1." Reference is made to the Declaration of Richard
G. Hill, Esq., filed herewith, for a discussion of work that was performed by him, but not
billed to the client. The entries on EXHIBIT "1IIidentified as "CB" were entered by me. The
entries identified as "RGH" were entered by Mr. Hill. The charges identified as "SLH" were
entered by my secretary, Sherri L. Hill. The entries on EXHIBIT "1" were made as the
charges were incurred. The billings show a total of176.78 hours spent on this matter, each
and every instance of which was necessary and reasonable under the circumstances.
In that regard, it is important for the court to understand that this case
required substantially more work than a "normal" eviction case would have or should
have required. All of this work was necessitated solely due to the unpredictable, erratic, and
abusive behavior by the tenant, Mr. Coughlin, as described in the instant motion. As
discussed by Mr. Hill in his declaration, I, too, have not charge Dr. Merliss for a significant
amount of time I have spent dealing with this matter, including time spent in consultation
with Mr. Hill, and in dealing with the property. The end result obtained for the client was
a complete victory, both in the underlying eviction and in this appeal. As a result, Dr.
Merliss is now able to re-Iet his property on River Rock
c) Mr. Hill has been practicing law in Nevada for over 33 years. His
practice, like mine, emphasizes collections, real estate, real estate litigation, construction,
construction defect, business, business litigation and general commercial law. Mr. Hill has
spoken at real estate seminars in the legal community. He is frequently consulted by other
attorneys in the legal community on collections, real estate, procedure, business,
construction and related issues. He maintains an extensive library on collections,
construction, real estate and real estate litigation issues, in addition to an extensive library
on litigation and trial issues.
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LAW OFFICE
RICHARD G. HILL
PostOfficeBox2551
Reno. Nevada69505
(775)346-0686
Fax(775)346-0858
Mr. Hill'sstandardhourlyratethroughoutthiscasehasbeen$350.00per
hour. Uponinquiry,Iunderstandthoseratestobewellwithintherangeoffeeschargedby
otherattorneyswithcomparablequalificationsinthecommunityforsimilarservices.
7. Ihavepersonallyreviewedtheexhibitsattachedtotheinstantmotion,and
eachexhibitisatrueandcorrectcopyof whatitpurportstobe.
8. Ideclareunderpenaltyof perjurythattheforegoingistrueandcorrect.
qih
J
DATEDthis___dayofApril,2011.
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EXHIBIT INDEX
LAW OFFICE
RICHARD G. Hill
PostOfficeBox2551
Reno. Nevada89505
(775) 348-0888
Fex(775)348-0858
5
EXHIBIT NO. DESCRIPTION PAGES
1 Activity Report
7
EXHIBIT1
EXHIBIT1
Richard G. ________
Activity Report
.. ..--.-----------
For the dates: 1113/2011 to 4119/2012
Client: Merliss, Dr. Matthew J.
Matter: General (Default)
BiU Detail
Date TyPe Biller Description Hours Amount
11/3/2011 Fee ROH emails wi cdb; reviewing today's ravings by ZC 0.30
111412011 Fee ROB review 46 pages of drivel faxed from RJC - look for 0040 $140.00
disbilitv motion - none found
-
1116/2011 Fee CB Prepare for hearing re: deposit and inspection. 2.00 $450.00
111712011 Fee ROB email to client multiple drivebys over the 0.25 $87.50
weekend
11/712011 Fee ROB to & from house - video #3 0040 $140.00
111712011 Fee CB Attend hearing. 8:00 - 10:00. Email to client. 2.00 $450;,,00
11/7/2011 Fee ROB phone wi PI & setting up tomorrow; emails to & from 0.33 $115.50
client
11/7/2011 Fee CB Receive and review stack of new motions. 0.50 $112.50
11/8/2011 Fee ROB to & from & through the house; email to client 0040 $140.00
1118/2011 Fee CB Receive and review tenant's opposition to memo of 0.50 $112.50:
costs. Telephone with court (x2).
111812011 Fee CB Telephone with client. 0.20 $45.00
111812011 Fee CB Instructions to staff. Edit request for submission. 0.10 $22.5<1
1118/2011 Fee CB To and from court to file request for submission. nlc. 0.30 $0.00
1119/2011 Fee CB Receive and review a pile of newly filed motions - 0.50 $112.50
both RJC and DC.
1119/2011 Fee CB Prepare correction of misstatement of law. nlc. 0.30 $0.00
1119/2011 Fee CB Telephone from court. Prepare order. 0.30 $67.50
11/9/2011 Fee CB To and from courthouse to deliver order and file 0040 $0.00
correction. nlc.
1119/2011 Fee CB Email from Coughlin. 0.10 $22.50
111912011 Fee CB Telephone and emails with client. 0.20 $45.00
11/10/2011 Fee CB Draft and edit letter to Coughlin. 0.30 $61.50
11/10/2011 Fee CB Emails from and to Coughlin. 0.20 $,45 :.t){,)"
11/14/2011 Fee ROB meet w/ client - to & from house; zach gets arrested 2.00 $700.00'
11114/2011 Fee CB Telephone and texts with Merliss. 0.30 $67.50
11115/2011 Fee ROB 11114 - phone w/ MM while at the gym . 0.25 $8750
11/1512011 Fee ROB phone wi WCSD - memo to client - nlc 0.00 $0.00.
4/19/2012 Page 1 .
Richard G. Hill, Ltd. Activity Report
11115/2011 Fee RGH meet wi contractor at river rock - secure the place; 0.80 $280.00
photos of the basement
11116/2011 Fee RGH -- phone w/ client 0.25 $87.50
11117/2011 Fee CB Email from Coughlin. 0.10 $22.50
11117/2011 Fee RGH meetw/CDB- lengthy email 0.66
from and to ZC

11117/2011 Fee CB Meet with RGH 0.50
1111712011 Fee CB Telephone (x2) with Reno Justice Court. Email to 0040 $90.00
client.
11117/2011 Fee CB Begin drafting motion for order to show cause. 0.20 $45.00
11/18/2011 Fee CB Finalize motion for order to show cause. 0.60 $135.00
11118/2011 Fee CB Email from Coughlin. 0.10 $22.50
11118/2011 Fee CB Prepare opposition to motion to release property. 1.00 $225.00
11118/2011 Fee CB Continue preparing opposition to motion to contest 1.50 $337.50
personal property lien.
11/19/2011 Fee RGH 11/18 edit declaration - contempt 0040 $ 140.0Q
11119/2011 Fee RGH 11118 -emails w/ ZC 0.25 $87.50
11120/2011 Fee CB Prepare oppositions to motions to return property, 1.50 $337.50
waive transcript costs. Multiple emails from
Coughlin.
1112112011 Fee CB Finish preparing oppositions to various motions. 2.30 $517.50
11121/2011 Fee RGH phone w/ insurance company 0.25 $87.50
1112112011 Fee RGH to & from house - photos for hearing; interview 0.50 $175.00
witness
11/2112011 Fee RGH haggling - phone & emails w/ zach 0.33 $ 115;9
11/2112011 Fee RGH to & from house X2... nlc 0.00
1112112011 Fee CB Prepare for hearing. To and from River Rock 2.00 $450.00
property to retrieve wallet and client files with RGH.
1112112011 Fee CB Continue to prepare for hearing. Multiple emails 1.50 $337.50
from and to Coughlin. Telephone with court.
11122/2011 Fee CB Emails from Coughlin. 0.10 $22.50
11122/2011 Fee CB To and from courthouse to review files re: motion in 1.50 $337.50
appeal. Additional online file review.
11122/2011 Fee CB Telephone with client. 0.20 $45.00
1112512011 Fee RGH huge emails w/ Zc. .... numerous phone calls, he calls 1.50 $525.00
up pretending to be somebody else ..... .last 4 days
11128/2011 Fee CB Multiple emails from Coughlin over Thanksgiving 0.50 $112.50
weekend.
11128/2011 Fee CB Telephone to court re: redact 33#. Prepare notice of 0.30 $0.00
redaction. nlc.
11129/2011 Fee CB Email from Coughlin. Review lease agreement. 0.20 $45.00
Email to client.
11130/2011 Fee CB Email from Coughlin with attached motion. Email to 0.30 $67.:50
Coughlin.
11/30/2011 Fee CB Telephone with insurance adjuster. Emails to and 0.40 $90.00
from client.
11130/2011 Fee CB Telephone with court re: updated docket. 0.10 $22.50
11130/2011 Fee CB Prepare opposition to group of motions delivered on 2.50 $562.5(}:
Thanksgiving.
12/1/2011 Fee CB Edit and fmalize opposition to bundle of motions, and 1.70 $382.5(}'
declaration of CDB in support thereof, and all
exhibits.
12/212011 Fee CB Review statute. Letter to Coughlin. 0.50 $112.50
12/2/2011 Fee CB Telephone from Phil Stewart. Email to Merliss. 0.40 $90.00,
1212/2011 Fee CB To and from property to meet with insurance guy. No 0.50 $112.50
show.
4/19/2012 Page 2
Richard G. Hill, Ltd.' Activity Report
12/2/2011 Fee CB Revise letter to Zach. 0.20 $4$.00
12/512011 Fee CB Multiple emails over the weekend from Coughlin and 0.30

court. Order from court. Email to client.
. ':';'\\'
12/512011 Fee CB To and from walkthrough with Farmers Insurance. 1.00 $225.0Q
Receive and review more motions from Coughlin.
Email to client.
12/6/2011 Fee CB Telephone from court. Fax from court. Email to 0,80 $180.00
client. Review lease and other documents in
preparation for hearing .
.
12/7/2011 Fee CB Assist in preparation of exhibits and things to be 0.70 $157.50
produced to city attorney.
,
12/8/2011 Fee CB Email from Coughlin. 0.10 $22.5d
12/9/2011 Fee CB Email and fax from Coughlin. Prepare for hearing. 1.50 $337.50
Email to Coughlin.
12/9/2011 Fee CB Emails to and from client.
-
0.40
12/13/2011 Fee CB Multiple emails from and to client. 0.20 $45:i)9'
12/1312011 Fee CB Telephone to Darlene Sharpe. 0.40 $9IQO
, :'1:"/
12113/2011 Fee CB Telephone with Phil Stewart (x2). 0.10 $12.5@)
12/13/2011 Fee CB To and from River Rock property to walk house. 0.60 $135.00
12/13/2011 Fee CB Emails to and from client. 0.30 $67.50
12/13/2011 Fee CB Telephone to Phil Stewart. Instructions to secure 0.10 $22.50'
property.
12/13/2011 Fee CB Review CD to go to DA. Instructions for staff. 0,70 $157.50
12113/2011 Fee CB Telephone with Farmer's Insurance (x2). 0.30 $67.50;
12/13/2011 Fee CB Telephone with RPD. 0.30 $67.50
12/13/2011 Fee CB Email from Coughlin with another emergency motion. 0.20 $45.00
12113/2011 Fee CB Email to client. 0.20 $45.00
12114/2011 Fee CB Meet with Phil Stewart. 0.20 $45.00
12/14/2011 Fee CB Prepare letter to RPD re: recent break-in. Try to file 1.00 $225.00'
online, To and from police station.
12/1412011 Fee CB Email to Coughlin. Email to client. 0.10
12/1412011 Fee CB Emails from and to Darlene Sharpe. 0.20 $45.00
12/1412011 Fee CB Online research re: Coughlin's business license. 0.60
Telephone with business license office. I
12/14/2011 Fee CB Email from Coughlin. 0.10 $".J2.S0f
12/15/2011 Fee CB Multiple emails and huge fax from Coughlin. 0.40 $90.00"
1211512011 Fee CB Meet with Darlene Sharpe. 1.00 $225.00
12/1512011 Fee CB Email from and to client. 0.10 $22.50'
12/15/2011 Fee CB Emails with client. 0.10 $22.50
12/15/2011 Fee CB Telephone with insurance adjuster. 0.10 $22.50
12/15/2011 Fee CB To and from meeting with insurance adjnster. 1.00 $225.00'
12/15/2011 Fee CB Multiple emails from and to Darlene Sharp. 0.60 $135.00'
12116/2011 Fee CB Emails from Sharpe. 0.20 $45.00
12/16/2011 Fee CB Email to insurance adjnster. 0.10 $22.50
12/16/2011 Fee CB Prepare opposition to second motion to contest 1.10 $247.50
personal property lien.
12116/2011 Fee CB Telephone (x2) with Phil Stewart. Email to client 0.10 $22.50
12/1812011 Fee CB Prepare reply in support of motion for order to show 1.00 $225.00
cause.
4/19/2012 Page 3
3
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:"+

Richard G. Hill, Ltd. Activit::
,'otl
12/19/2011 Fee CB Emails and faxes from Coughlin. Emails to and from 0.30 $67.50
client.
12119/2011 Fee CB Edit and fmalize opposition to motion to contest 1.10 $247.50
personal property lien.
12/19/2011 Fee CB Edit and fmalize reply in support of motion for order 1.70 $382.50
to show cause.
12119/2011 Fee CB Finalize reply in support ofmotion for order to show 0.60 $135.00
cause. Prepare declaration of CDB. Prepare order to
show cause.
12/19/2011 Fee CB Prepare for hearing, including preparation of 4.00 $900.00
examinations ofRGH, Phil Stewart, Darlene Sharpe.
Includes some legal research.
12/1912011 Fee CB Prepare argument and examination of Coughlin. 1.00 $225.00
12/20/2011 Fee CB Final preparations for hearing. 1.50 $337.50
12/20/2011 Fee CB Attend hearing on personal property lien. 9:30 - 4:00. 6.50 $1,462.50
12/20/2011 Fee CB Telephone with client. 0.10 $22.50
12/2112011 Fee CB Receive and review order from court. Instructions to 0.10
staff.
-
12/22/2011 Fee CB To and from property to video and open for Coughlin. 1.00 $225.00',
Telephone with contractor.
12/22/2011 Fee CB Emails from Coughlin. Further research re: 1.00 $225.00;
jurisdiction issues. Emails to client.
12/23/2011 Fee CB Email from Coughlin. Review supreme court forms 0.30 $67.50'
and instructions re: stay.
12/23/2011 Fee CB To and from property to open it up for Coughlm. 0.30 $67.50:
12/23/2011 Fee SLH Drive by house on way back from post office, about 0.00 $0.00
10:45 am. Tum off Mill, and see a couple of people
are walking across River Rock toward house, carrying
boxes. Zach walks out into street to greet them, then
starts to head back toward the house when he notices
me. He stops in the middle of the street and begins
taping me with the video camera. I try driving around
him, but he moves so he is still blocking me. He gets
out his cellphone and starts photographing or taping
me. I creep a bit closer (about 2' away), but still he
doesn't move. So I backed up, turned around, and
headed back to the office. There was an empty
V-Haul truck parked on Pine. [N/C]
12/23/2011 Fee CB To and from the property for fmal walkthrough. 0.60 $135.00
12/27/2011 Fee CB Multiple emails and faxes from Coughlin. 0.50 $112.50::
12/27/2011 Fee CB More emails from Coughlin. 0.20 $45.00
12/28/2011 Fee CB More emails and motions etc. from Coughlin. 0.50 $112.50:
_.. -......
12/29/2011 Fee CB Emails from Judge Sferrazza. 0.10 $22.50
12/29/2011 Fee CB Email to Coughlin. 0.10 $22.50
12/30/2011 Fee CB Emails and another emergency motion from Coughlin. 0.50 $112.50
12/30/2011 Fee CB Opposition to emergency motion forTRO. 3.60 $810.00
113/2012 Fee CB Multiple emails from Coughlin over the holiday 0.30 $67.50
weekend.
113/2012 Fee CB Edit, revise, and fmalize opposition to emergency 2.50 $562.50 '
motion for TRO.
113/2012 Fee CB Legal research in preparation for drafting motion to
dismiss appeal.
0.50 $112:50


4/19/2012
Page 4
Richard G. Hill, Ltd. Activity Report
,
11612012 Fee CB Appeal - Receive and review reply from Coughlin. 0.60
Instructions to staff.
-
111112012 Fee CB Receive and review order re: TRO. Meet with RGH 0.50 $112.50
Emails to and from client.
111112012 Fee CB Instructions to staff. Receive and review new filings 0.20 $45.00
by Coughlin in first (premature) appeal, and lawsuit,
and new TPO case against Coughlin .
.
1112/2012 Fee RGH to & from house - meet with contractor - major 0.66 $231.00
filming
1112/2012 Fee RGH to & from transfer station - zach acting up & hassling 0.25 $8l50
contractor
111212012 Fee RGH 3-5:30 + morning - dealing with zach - transfer station 2.00 $700.QO
with the cops; at the house with zach & cops; RIC -
apply for and get TPO (2 trips); back to the house-
deal with the cops; video the house in morning and
late afternoon charge @ 2 hours
1113/2012 Fee CB Email from Coughlin - supplemental reply to motion 0.20 $45.QQ
denied two days ago .
. .
1113/2012 Fee CB To and from house for walkthrough. n/c. 0.40 $0.00:
111312012 Fee CB Telephone from contractor. 0.10 $22.50,
1117/2012 Fee CB Appeal - Prepare motion for order to show cause. 1.30 $292.50
111712012 Fee CB Appeal - receive and review opposition to motion for 0.20 $45.00
attorney's fees (??).
1117/2012 Fee CB Appeal - edit and revise motion for order to show 0.30 $67.50
cause.
111812012 Fee CB Appeal - revise motion for order to show cause. 0.20 $45.00:
111812012 Fee CB Appeal- Prepare declarations ofRGH and Stewart in 1.20 $270.00
support ofmotion for OSC. Prepare proposed order.
.
1119/2012 Fee CB Finalized motion for order to show cause and related 1.60 $360.00'
declarations.
1120/2012 Fee CB Meet with Phil Stewart re: motion for OSC. 0.20 $45.00'
1127/2012 Fee CB Email from Coughlin. 0.10 $22.50'
1130/2012 Fee CB Email to Coughlin. Email to client. 0.10 $22.50
1/30/2012 Fee CB Email to Coughlin. 0.10
$22.50 .
113112012 Fee CB Telephone from Darlene Sharpe. Email to client. 0.20 $45.00
113112012 Fee CB Emails from Sharpe. Email from client. 0.10 $22.50
1/3112012 Fee CB Receive and review new motion from Coughlin. 1.50 $337,50
Legal research and analyze appropriate response to
motion.
; ;l
2/1/2012 Fee CB Appeal - prepare opposition to motion to amend. 1.70 $382.5@
212/2012 Fee CB Appeal - edit opposition to motion to amend. 0.30 $67.50
2/212012 Fee CB Receive and review notice to set. Review rules and 0.20 $45.00
statutes cited in notice - none apply.
4/1912012 Page

Sf
Richard G. Hill, Ltd. Activity Report
2/3/2012 Fee CB Edit opposition to motion to amend. 0.10 $22.50
2/3/2012 Fee CB Prepare opposition and motion to strike notice to set 0.50 $112.50
hearing.
2/6/2012 Fee CB Appeal- receive and review Coughln's opening brief. 0.30 $67.50
21712012 Fee CB Appeal - Receive and review second opening brief. 1.50 $337.50
Begin drafting answering brief.
21712012 Fee CB Appeal - receive and review motion for extension of 1.00 $225.00
time. Begin drafting opposition and motion to strike.
21712012 Fee CB Email to client. 0.20
2/8/2012 Fee CB Appeal - prepare opposition to motion for extension. 2.00 $450.00
2/8/2012 Fee CB Telephone from court to set asc hearing. Email to 0.20 $45.00
client.
2/912012 Fee CB Appeal revise opposition to motion for extension. 0.50 $112.50
2110/2012 Fee CB 20 page email from Coughlin. Email to client. 0.40 $90.0Q.
2116/2012 Fee CB Appeal - Prepare answering brief. LIO $247.50
211712012 Fee CB Appeal- email from Coughlin. 0.10 $22.50
2/1712012 Fee CB Appeal- legal research and continue to prepare 3.00 $675.00
answering brief.
-
.
2/2112012 Fee CB Continue to prepare answering brief. 3.00 $675.0q
2/22/2012 Fee CB Appeal - Continue to prepare Answering Brief. 6.00 $1,350.00
Includes substantial review and citation to enormous
record on appeal, distillation and analysis of
Coughlin's barely-articulated arguments, and
additional legal research.
2/22/2012 Fee CB Appeal Receive and review supreme court 0.10 $22.59
deficiency notice. Review relevant NRAP.
2/23/2012 Fee CB Appeal- Continue to prepare answering brief. Major 4.80 $1,080.00
editing to reduce to 5 page limit.
2/23/2012 Fee CB Appeal - additional editing ofAnswering Brief. 1.50 $337.50_
2/23/2012 Fee CB Prepare motion for leave to exceed page limit. 0.50 $Il2.50
j
2/24/2012 Fee CB Appeal - Finalize answering brief. 4.10 $922.5Oi
2/2412012 Fee CB Appeal - Finalize motion to exceed page limit. Draft 0.30 $67.50
1
declaration ofCDB.
2/24/2012 Fee CB Appeal - finalize answering brief. 0.50 $112.50
2127/2012 Fee CB Appeal- draft errata to answering brief. nlc. 0.10 $0.00
2/27/2012 Fee CB Email from Coughlin. 0.10 $22.50
2/27/2012 Fee CB Receive and review deficiency statement from court. 0.10 $22.50
Email to client.
3/5/2012 Fee CB Letter from Farmers. Emails to and from client. 0.10 $25.00
3/8/2012 . Fee CB Receive and review 47 page motion from Coughlin. 0.50 $125,00
3/8/2012 Fee CB Receive and review second motion from Coughlin. 0.10 $25.0Q:;
3/8/2012 Fee CB Receive and review order denying Coughlin's motion 0.10 $25.0t[
to proceed IFP on appeal.
3/2112012 Fee CB asc -meet with Stewart. View video online. 1.50 $375.0();.
Prepare for hearing.
"
4/19/2012 Page 6
Richard G. Hill, Ltd. Activity Report
312212012 Fee CB OSC - prepare for hearing, including testimony, 4.00 $1,OOO.OQ
exhibits, argwnent, and legal research.
3123/2012 Fee CB OSC fmal preparations for OSC hearing. 1.00 $250.00
3/2312012 Fee CB Additional preparation for OSC hearing. 1.50 $375.00
3/23/2012 Fee CB To and from courthouse for OSC hearing. 10:30 - 2.00 $500;00
12:30. ' Ol/t
312612012 Fee CB Prepare for reswnption of OSC hearing. 1.00
3126/2012 Fee CB To and from court for continuation of OSC hearing. 1.00 $250.00
3127/2012 Fee CB Email to Merliss. 0.10 $25.00
3/2712012 Fee CB Telephone from client. 0.20 $50.0Q
4/212012 Fee CB Prepare motion for fees. 3.30 $825.0()
4/2/2012 Fee CB Review memo of costs. 0.20 $50.0Q
4/312012 Fee CB Legal research re: recoverable costs. Edit memo of 2.00 $500.00
costs. Continue to prepare motion for fees.
4/512012 Fee CB Receive and review motion to alter or amend denial 0.40 $100.00
ofIFP. Review relevant pleadings. Email to client.
4/9/2012 Fee CB Receive and review new ftlings (x3) from Coughlin. 0.50 $125.00
4/9/2012 Fee CB Prepare reply to opposition to memo of costs. 2.00 $500.00
4/10/2012 Fee CB Prepare response to opposition to memo of costs. 3.50 $875.00
4/11/2012 Fee CB Edit and fmalize reply to opposition to memo of 0.50 $125.0q:
costs.
4111/2012 Fee CB Edit and revise reply to opposition to memo of costs. 0.50 $125.00
4/1212012 Fee CB Edit, revise, and fmalize reply in support of memo of 3.00 $750.00
costs.

4/1212012 Fee CB Prepare opposition to motion to alter or amend denial 2.00 $500',9P
ofIFP.
Wi'
4/13/2012 Fee CB Prepare opposition to motion to alter or amend order 1.00 $250.00'
denying appeal.
4/16/2012 Fee CB Finish opposition to to motion to alter or amend order 3.30
$825.00,
affrrming swnmary eviction order.
4/1712012 Fee CB Continue to prepare motion for fees. 3.20 $800.00'
4/1812012 Fee CB Major edit and revision of motion for fees, including 4.00 $1,000.00;
extensive review of file and ROA
4/18/2012 Fee CB Finalize opposition to motion to alter or amend order 0.30 $75.00
afftrming eviction.
4/1812012 Fee CB Final edit and revision of motion for fees, including 1.80 $450.00
review and citation to the ROA.
4/1812012 Fee CB Prepare declartion ofRGH. 0.50 $125.00
4/19/2012 Fee CB Finalize motion for fees. 1.00 $250.00,'
4/19/2012 Fee CB Prepare declaration of CDB in support of motion for 0.80 $200.00
fees.
4/19/2012 Page 7
EXHIBIT 4
\,11'" .; I,
, ' '1
EXHIBIT 4
F I L E D
Electronically
04-19-2012:04:14:36 PM
Joey Orduna Hastings
Clerk of the Court
Transaction # 2901160
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gr
LAWOFFICE
RICHARD G. HILL
Post Office Box 2551
Reno. Nevada 89505
(77 5) 348.ossa
Fax(775) 3480858
CodeNo. 1520
RICHARDG. HILL, ESQ.
StateBarNo. 596
CASEYD.BAKER,ESQ.
StateBarNo. 9504
RICHARDG. HILL,CHARTERED
652ForestStreet
Reno,Nevada89509
(775)348-0888
AttorneyforRespondentMattMerliss
INTHESECONDJUDICIALDISTRICTCOURTOFTHESTATEOFNEVADA
INANDFORTHECOUNTYOFWASHOE
ZACHARYBARKERCOUGHLIN, )
) CaseNo.:CVll-03628
Appellant, )
) Dept.NO.7
v. )
)
MATTMERLISS, )
)
Respondent. )
-------------------------)
DECLARATION OF RICHARD G. HILL, ESQ.
RICHARDG. HILL,ESQ.,beingfirstdulysworn,deposesandunderpenalty
ofperjuryavers:
1. IamaresidentoftheCityof Reno,CountyofWashoe,StateofNevada,
andover18yearsofage. Thisdeclarationisbasedonmypersonalknowledge,exceptthose
mattersstatedoninformationandbelief,andastothoseitemsIbelievethemtobetrue.
This declaration is made in support ofrespondent's Motion for Attorney's Fees, and
representsmytestimonyif calledontopresentsameincourt.
2. IamanattorneydulylicensedassuchbytheStateofNevadatopractice
beforeallcourtsofthisStateandmaintainmyofficeat652ForestStreet,Reno,Nevada.
IamalsolicensedtopracticebeforetheUnitedStatesDistrictCourtfortheDistrictof
III
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lAW OFFICE
RICHARD G. Hill
Post Office Box 2551
Reno. Nevada 89505
(775) 348-0888
Fax(775) 348-0858
Nevada, the Ninth Circuit Court of Appeals and the United States Supreme Court. I have
practiced law in Nevada for over 33 years.
3. My office represents the respondent, Dr. Matthew Merliss, in this matter.
4. Although I had substantial personal involvement in this matter, including
many personal interactions with Mr. Coughlin, my associate, Casey D. Baker, Esq., was, and
is, primarily responsible for the handling of this case within our office.
5. Pursuant to our normal office procedures, Mr. Baker and I consult
frequently about his cases. I also sometimes review Mr. Baker's work product before it gets
filed with the court. I do so either at Mr. Baker's request, or on my own volition. I routinely
charge the client for my time spent reviewing and editing Mr. Baker's work.
6. In this case, Mr. Baker and I realized very quickly that Mr. Coughlin's
behavior was unpredictable and erratic, and that this was not going to be a "normal"
summary eviction case. From the very first contact with him, it was clear that Coughlin
intended to cause our client to incur needless fees and costs dealing with his fabrications
and lack of ethics. Since Coughlin had no clients, it was clear he intended to make this
matter the focus of his daily activities. It was also clear that he suffered from profound
emotional and mental problems that manifested themselves in aggressive and calculated
reckless behavior.
7. As a result, I spent more time than I normally would have on this case, both
in consulting with Mr. Baker, and in editing his work; and in dealing with and monitoring
Mr. Coughlin.
8. In fact, in this case, I reviewed, at least once, nearly every paper Mr. Baker
prepared before it was filed. That is not the normal protocol in our office, but was due
solely to Mr. Coughlin's behavior in this litigation, and the fact that his behavior was
unreasonably driving the fees in this case at an alarming rate, as described in the instant
motion.
III
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------------------
LAWOFFICE
RICHARD G. HILL
Post Office Box 2551
Reno. Nevada 89505
(775) 348-OB88
Fax(775) 348..()858
9. OutofcompassionforDr.Merliss,Ididnotchargehimforthebulkofthe
vast amountofmytimespentinconsultationwith Mr. Baker, andin editinghiswork
product. NordidIchargefor mostofthetimeI spentdealingwith Mr. Coughlin, the
propertyinquestion, ormy countlessinteractionswiththepoliceandprosecutorsas a
resultofCoughlin's antics, includingstalking me andmy staff. In addition, I felt an
enormousamountofprofessionalembarrassment,thatamemberoftheNevadaBarcould
soreadilyandrecklesslyabusetheprocessesofourcourtssolelyforthesatisfactionof
inflictingharmonothers.Thefeesrequestedarefarbelowtheamountoftime,energyand
focusprovidedbymeandmystaffonthismatter.
10. Ideclareunderpenaltyofperjurythattheforegoingistrueandcorrect.
AFFIRMATION Pursuant to NRS 239B.030
Theundersigneddoesherebyaffirmthattheprecedingdocumentdoesnot
containthesocialsecuritynumberof anyperson.
DATEDthis e ~ d a y ofApril,2012
3