IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

IN AND FOR THE COUNTY OF WASHOE

ZACHARY COUGHLIN,
Plaintiff,
vs.

Sup. Ct. Case No. 60302

Case No. CV11-01896
Dept. 6

WASHOE LEGAL SERVICES ET AL,

Defendants .

.....________________________

~I

RECORD ON APPEAL
VOLUME 2 OF 5
DOCUMENTS

APPELLANT
Zachary Coughlin
P.O. Box 60952
Reno, NV 89506

RESPONDENT
Gary Fuller, Esq. for Committee to Aid
Abused Women
100 W. Liberty Street, Suite 800
Reno, NV 89501
Brian Gonsalves, Esq. for Crisis
Intervention
P.O. Box 907
Kings Beach, CA 96143
Joseph P. Garin, Esq. & Shannon D.
Nordstrom, Esq for Washoe Legal
Services; Paul Elcano; Todd Torvinen;
Karen Sabo; Jon Sasses; Marc
Ashley; Kathy Breckenridge; Caryn
Sternlight
9080 West Post Rd., Ste. 100
Las Vegas, NV 89148

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FILED
Electronically
06-30-2011:04:46:37 PM
Howard W. Conyers
Clerk of the Court
Transaction # 2321539

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****** IMPORTANT NOTICE - READ THIS INFORMATION *****

PROOF OF SERVICE OF ELECTRONIC FILING
A filing has been submitted to the court RE:

CV11-01896

Judge:

BRENT ADAMS

Official File Stamp:

06-30-2011:16:46:37

Clerk Accepted:

06-30-2011:16:48:10

Court:

Second Judicial District Court - State of Nevada

Case Title:

ZACH COUGHLIN VS. WASHOE LEGAL

SERVICES ET AL.(D6)

Document(s) Submitted:

Order...

Filed By:

Audrey Kay
You may review this filing by clicking on the
following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.
The following people were served electronically:
The following people have not been served electronically and must be served by traditional
means (see Nevada electronic filing rules):
WASHOE LEGAL SERVICES
PROPER PERSON

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FILED

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Electronically
07-08-2011:11:55:11 PM
Howard W. Conyers
Clerk of the Court
Transaction # 2335347

Document Code: 1030

Zach Coughlin
121 River Rock St.
Reno, NV 89501
Tele: 775-338-8118
Plaintiff Zach Coughlin, IN PRO PER

IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

IN AND FOR THE COUNTY OF WASHOE

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ZACH COUGHLIN;
)
Plaintiff,
)
vs.
)
WASHOE LEGAL SERVICES a Nevada
)
Corporation, KATHY BRECKENRIDGE,
)
Individually and in her capacity as Board
)
)
President of WLS,
TODD TORVINEN, Individually and in his
)
)
capacity as WLS Board Member,
PAUL ELCANO, Individually and in his
)
capacity as Executive Director of WLS, DOES )
)
1-100, Individually and in their capacity as
members of the BOARD OF DIRECTORS OF )
WASHOE LEGAL SERVICES, CARYN
STERNLICHT, Individually and in her
capacity at WLS attorney, JON SASSER
Individually and in his capacity at WLS agent,
KAREN SABO Individually and in her
capacity at WLS attorney, MELISSA
MANGIARACINA Individually and in her
capacity at WLS attorney, MARC ASHLEY
Individually and in his capacity at WLS
attorney, ZANDRA LOPEZ Individually and in
her capacity as WLS employee, DOES and
ROES 1-100, COMMITTEE TO AID
ABUSED WOMEN, TAHOE WOMEN'S
SERVICES.
Defendants.

CASE NO: CV11-01896

DEPT. NO: 6

SUPPLEMENTAL AFFIDAVIT IN
SUPPORT

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COMES NOW, Plaintiff, ZACH COUGHLIN (hereinafter referred to as Coughlin or Plaintiff)

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and files this Supplemental Affidavit in Support of his Motion to Proceed In Forma Pauperis.

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- 1 IFP Support

V2.12

Plaintiff will state at the outset that a considerable amount of what follows is to be, hopefully, taken

with a grain of salt, and that the humor it hopefully contains is appreciated. It may be important to

note that Plaintiff felt obligated to file a substantially similar case and Complaint to the one attached

to the instant In Forma Pauperis Motion in CV11-01955, wherein Plaintiff paid the $260 filing fee in
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order to be assured to secure a stamped, dated filing date for the Complaint and causes of action

related to the Right To Sue Letter Plaintiff received from the EEOC, being mindful of the 90 day

statute of limitations inherent in such actions. Plaintiff asks the Court that his In Forma Pauperis

application, if granted, be applied in such a way as to result in Plaintiff being refunded the $260 filing

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fee Plaintiff paid in CV11-01955, and consider the Complaint Plaintiff submitted in CV11-01955 to
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be Plaintiff's original Complaint in the case going forward. Plaintiff believes that the balance of the

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equities dictates this be done in consideration of some of the obstacles presented by the Second

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Judicial District Court's filing office and law library, being mindful of the difficult task both those

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entities face daily.

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Plaintiff recalls in his time as a legal aid attorney at Washoe Legal Services that a standard of
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200% the federal poverty level was allegedly the cut-off for income levels of those eligible for

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services from WLS, though Plaintiff cannot recall a single incident where anyone was denied services

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based upon making too much money. Individuals so accepted as clients at WLS never had to pay a

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filing fee given a Statement of Legal Aid Representation was automatically filed on their behalf,

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thereby waiving the filing fees in their cases. Nonetheless, Plaintiff assures this Court that he has
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made well less than 200% the federal poverty guidelines in the last year, that he has less than $500 in

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his bank account, that he currently has no source of income (though he is looking as assiduously as

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you might expect an individual so situated to), and that he has no items of property for which he has

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been able to sell and convert into monies sufficient to pay both the filing fees of the District Court,

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the bare minimum of expenses considered reasonably necessary to live on. Plaintiff's rent has

recently double, going from $450 plus utilities to $900 given the destruction of his relationship

incident to the stress and strife brought on by the wrongful termination at the hands of WLS. Plaintiff

drives a 1996 Honda Accord LX and has no other vehicles. Plaintiff does not go out to a restaurant
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every single day and purchase and entree and pay a waiter a tip as filing office personnel purport to

do. Plaintiff is forced to pay the Washoe County Law Library monies in a situation where it

apparently is not entitled to those monies, for basic legal research and access to the public record.

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Simply put, Plaintiff assuredly qualifies for In Forma Pauperis status. Plaintiff did attempt to submit
a much more detailed In Forma Pauperis application to the 2 nd Judicial Filing Clerk, however, she

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refused to accept it, citing some vague form requirements that she preferred and, further, this same

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clerk refused to file a Complaint, even where Plaintiff offered to pay the full filing fee on the spot,

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refused to even mark it received, after summoning her supervisor because by that point it was going

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to be too much work to turn the credit card machine back on or something in that vein.

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Plaintiff notes that delivering a request to proceed In Forma Pauperis tolls the filing deadline,
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at least in some jurisdictions, to proceed with respect to the 90 days to file after receipt of a Right
to Sue Letter from the EEOC. Hilton 562 F. Supp 866.
Further, Plaintiff's financial condition qualifies him for In Forma Pauperis status under all the
standards elucidated in the various authorities cited herein:

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Plaintiff made attempts to file his Complaint and an In Forma Pauperis petition with the
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Second Judicial District Court filing office prior to the one this Court rule ought be supported by a

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Supplemental Affidavit. Indeed, the In Forma Pauperis application Plaintiff attempted to submit was

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more detailed than the one this Court received. However, the filing office refused to accept it and

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instead gave Plaintiff a packet the Filing Office had prepared for In Forma Pauperis applicants.

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Plaintiff expressed disapproval to the filing clerk regarding her refusal to accept his filings, or even

mark them as received. Subsequent attempts were made to efile and In Forma Pauperis application,

and NEFR rules dictate that the filing office or electronic filings operators make filing an IN Forma

Pauperis application possible. However, Plaintiff was repeatedly told by filing office clerks,
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managers, and administrators that one cannot electronically file an In Forma Pauperis application in

the Second Judicial.

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"It seems whenever the courts make an improvement, it's for them and not the public... the
solution is to improve the system based on what the public needs, not to suit court employees.,,,

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It is the bureaucratic arrogance of not even attempting to satisfy the duty to the public (and the Bar),
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while remaining obsessed with internal budgets and making things easier for those running the

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system, that is so maddening..." Nevada attorney Marshall Willick is so quoted in a recent Las Vegas

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News and Review article.

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Plaintiff submits the following collection of precedent and argument, which, regrettably, is

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not as streamlined, nor bluebooked as he might like it to be, but which, Plaintiff, believes, is a rather
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strong colllection of authority related to the issues arising in this IFP and beyond. Barnes v. Eighth

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Judicial Dist. Court of State of Nev., In and For Clark County, 748 P.2d 483, 103 Nev. 679 (Nev.,

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1987) 2 Jordan v. State of Nevada on Relation of the Department of Motor Vehicles, 121 Nev. Adv.

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Op. No. 7 (NV 4/14/2005), 121 Nev. Adv. Op. No. 7 (NV, 2005) 3 Jordan v. State Dep't of Motor

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Vehicles, 110 P.3d 30, 121 Nev. 44 (Nev., 2005): " Nevada has long recognized the importance of
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maintaining direct access to its state courts.4 Accordingly, Nevada Supreme Court Rule 44 generally

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allows for self-representation in all lower courts, and NRS 12.015 permits an indigent person to

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proceed in forma pauperis, without the payment of court costs and fees.5 Such rules and statutes help

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to ensure that every person in Nevada is afforded meaningful access to the courts, regardless of that

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V2.15

person's financial status. At the same time, however, notions of unlimited free court access have led

to a plethora of frivolous litigation: the threat of monetary sanctions or professional discipline is

ineffective to deter abusive litigation practices when those practices are carried out by proper person

litigants proceeding in forma pauperis.6 As a result, this court has recognized that a litigant's right to
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access the courts in proper person and with in forma pauperis status is not without limits.7 Like

courts in other jurisdictions that deal with an overabundance of frivolous or abusive proper person

and in forma pauperis litigation, Nevada courts have available multiple methods of reducing misuse

of the legal system. Pre-service complaint review and restriction of court access constitute two

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methods of particular pertinence in the instant cases. Pre-service review of complaints with in forma
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pauperis status In Nevada, a district court is authorized under NRCP 11(c)(2) to impose sanctions

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"sufficient to deter repetition" of a party's conduct in frivolously or vexatiously pursuing an action or

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defense, even when that party is proceeding in proper person. As perhaps one of the most extreme

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NRCP 11 sanctions, the court may sua sponte dismiss a completely unwarranted action or claim in

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order to prevent an in forma pauperis litigant from continuing in a course of completely baseless
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litigation or harassment.8 Of course, a party against whom an NRCP 11 sanction is proposed must

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first be afforded notice and an opportunity to oppose the sanction's imposition.9 Other jurisdictions

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similarly permit a complaint to be dismissed if, upon holding "an abbreviated evidentiary hearing"

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before service of process to determine whether an accompanying application for in forma pauperis

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status should be granted, the court determines that the applicant is not indigent or that the action is
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frivolous.10 These courts have followed the United States Court of Appeals for the Fifth Circuit's

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lead in Spears v. McCotter.11 In Spears, the court recognized that preliminary evidentiary hearings

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regarding the specificity of a trial court complaint and accompanying application to proceed in forma

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pauperis may be held in order to "dig beneath the conclusional allegations; to reduce the level of

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V2.16

abstraction upon which the claims rest; to ascertain exactly what scenario the . . . claims occurred, as

well as the legal basis for the claim."12 The court concluded that if, at the hearing, the complaint is

determined frivolous, the action may be dismissed under the federal in forma pauperis statute.13

Although we generally approve of the Spears approach, we do not adopt it completely. Unlike the
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federal statute, Nevada's in forma pauperis statute, NRS 12.015, does not authorize the district court

to review a complaint (or a petition) for frivolity when considering a litigant's application to proceed

without paying court fees and costs.14 Accordingly, upon receiving a complaint and an application to

proceed in forma pauperis, the district court must first consider the application's merits and determine

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whether the accompanying affidavit and any additional investigation15 demonstrate that the applicant
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is unable to pay the costs of proceeding with the action. If the court so finds, the court must grant the

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applicant leave to proceed without the payment of costs and file the complaint. 4. See, e.g., Sullivan

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v. District Court, 111 Nev. 1367, 904 P.2d 1039 (1995) (recognizing citizens', whether or not

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indigent, constitutional right to access to the courts with the protection of due process of law); Hollis

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v. State, 95 Nev. 664, 601 P.2d 62 (1979) (recognizing prisoners' court access rights): "

The issue

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presently before this court is not whether petitioner's motion for leave to proceed in forma pauperis is

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sufficient to establish petitioner's indigence. Further, we are not now concerned with the merits of

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petitioner's civil complaint. We are vitally concerned, however, with the preservation of the

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constitutional right of access to the courts and with the protection of the constitutional right to due

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process of law." The actions of the Second Judicial District Court in the instant case warrant review
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in light of this mandate. While some may say it has become far too easy to engage a common knee

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jerk reaction, essentially casting aspersions on any able bodied white male who dares to assert he has

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any rights at all and who deigns to complain about anything at all given what our current President so

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often refers to as "our country's unfortunate history with respect to...", Plaintiff wishes to avoid such

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touchy subjects and merely, respectfully, ask this court to embody that wonderful symbol of justice,

wherein a blindfold covers the eyes of she who is in the position to judge. In the instant case, defense

counsel is working feverishly, if not quite in the spirit of the legal aid entity which is represents, to

get Plaintiff's case thrown out and deny Plaintiff a day in court, seeking to assert that the statute of
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limitations has run on Plaintiff's claim considering the 90 days from "receipt" of the EEOC's Right To

Sue Letter. Indeed, there is some authority that the "filing" date, or at least running of the statute of

limitations, is tolled upon the filing of a In Forma Pauperis petition by a Title VII claimant. (and here,

the authority seems to suggest even the "attempted filing", even where a saturnine filing office clerk

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summoned an armed Sheriff's Deputy to shut Plaintiff up instead of doing her job and accepting
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Plaintiff's submission for, if not filing, as least a marking of the attempted filing as "received", should

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toll the 90 day limitations period for filing from "receipt of the EEOC's Right to Sue Letter). So, gosh

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darnit, we have a Plaintiff who goes to Court and argues zealously on behalf of a purported domestic

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violence victim (one who makes more money than Plaintiff and had nary a second glance cast at her

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fee waiver or "Statement of Legal Aid and Representation", even where viewed in conjunction with
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her Financial Declaration), and Plaintiff gets sanctioned (and of course, ultimately summarily fired in

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a humiliating witch trial type of way) around $1,000 by a Family Court Judge for, other than being

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"sarcastic" and his "tone" having "issues", arguing what actually, turns out, is the majority viewpoint

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on an issue within the collective American jurisprudence on the issue (and Plaintiff mentioned an

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ALR was on point in this regard to the Family Court Judge during the divorce trial, no less). So, after
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being fired, Plaintiff seeks redress with the EEOC, where allegedly, the Investigator on his case has a

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video under his own name on youtube.com wherein the investigator can be seen masturbating,

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ejaculating on a wall, urinating, and bleeding. Plaintiff expresses reluctance to work further with the

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investigator, whereupon several upper level EEOC adminstrators inform Plaintiff that they just do not

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see what the big deal is and that they really have not looked into the issues Plaintiff is complaining

that much and, really, do not intend to anyways. So, then Plaintiff updates the EEOC with his

"contact information" and "mailing address" in a direct written response to a direct written question

asking for such information, however, the EEOC mails the Right To Sue Letter to Plaintiff's old,
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outdate address. Then the EEOC makes several curious and strange statements about why it remailed

a letter to Plaintiff's newer address a week later, after "becoming aware" that Plaintiff had a newer

address, despite the fact that the EEOC is apparently asserting that it never received the original

mailing as "returned to sender" and marked with Plaintiff's new address, even though, as the 12

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month expiration of Plaintiff's original Change of Address on file with the United States Postal
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Service had just passed when the original March 22, 2011 RTS letter was mailed, in accordance with

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USPS policy, all mailings addressed to a person, like Plaintiff's, older address are to be returned to

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sender with a sticker placed thereon wherein the sender is notified in writing of the receipients newer

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address. To clarify, one may file a Change of Address with the USPS, as Plaintiff did here, in the last

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week of February 2010. The USPS will then forward all mail to such a person for a period of 12
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months at that person's newer address. At the expiration of 12 months, mail addressed to a receipient

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bearing and outdated address will no longer be forwarded to the new address, but rather "returned to

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sender" with a sticker placed on the mailing indicating the recipient has moved and spelling out the

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recipient's new address. Somehow, the Director of the EEOC is now apparently claiming that he

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didn't get
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such an envelope returned to him, but that he did "becoming aware" (but not apparently through any

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returned mail and corresponding documentation placed therein alerting the sender of Plaintiff's new

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address, for a second time) that Plaintiff's address had changed, about 5 days after the original

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mailing of Plaintiff's Right To Sue Letter, whereupon the SF EEOC Director then, mailed Plaintiff

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another copy of the Right To Sue Letter on March 29th, 2011. How the Director of the SF EEOC

"became aware" of Plaintiff's new address (forgetting, of course, that Plaintiff's Complaint contains a

written exhibit proving that Plaintiff informed the SF EEOC, in writing, of his new addres on March

10, 2011) so shortly after the original mailing to the old address, yet still apparently claims to have
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not received the original mailing marked "returned to sender" despite decisional case law and USPS

regulations establishing this as the accepted practice for mailings sent one year after a Change of

Address being filed. One might, perhaps, be forgiven for finding similarity in the SF EEOC

Director's strange statements and WLS Executive Director Elcano's sloppy and slapdash accounts

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claiming to "not have received" Plaintiff's written workplace harassment and discrimination claim on
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April 19th, 2009 and then soon thereafter placing Plaintiff on some sort of extraordinary

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"immmediate suspension" necessitating a spontaneous manhunt for Plaintiff, to inform Plaintiff of the

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suspension. So, after Plaintiff gets the Right To Sue Letter, he goes to the local public law library

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and, while researching his case, is accosted by 6 -7 armed Sheriff's Deputies, apparently called in by

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a busy library staff of four, to inform Plaintiff, for the first time ever, that documents in the public
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record may not be copied by any means other than paying the WCLL or Filing Office the princely

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sum of $1.00 per page for the privilege of having a copy of one's own. Then, Plaintiff attempts to file

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an In Forma Pauperis Motion and a Complaint, as well as just file a Complaint accompanied by the

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filing fee, early enough to avoid any need to litigate the "receipt" issue and the "duty to apprise

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EEOC of a Change of Address" issues, etc., etc....However, Plaintiff is met by a filing office clerk
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who, beginning to take Plaintiff's filing at 4:50 p.m. refuses to even crack a page out of the stacks of

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orignal and copies as she does not "think you have your stuff in order" and she "isn't going to accept

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that" and, while she did agree to "go get her manager" (actually the Clerk unilaterally and

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umprompted suggested that she go get Ms. Julie Wise, Assistant Clerk of Court), only to,

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unprompted, and again, unilaterally, proceed to retrieve and armed Sheriff's Deputy to tell Plaintiff to

shut up and quit bothering the Clerk. Finally the Supervisor, Ms. Wise, informed Plaintiff, a member

of the Bar, that she "trusted her clerk's conclusion" and did not feel it necessary to crack even one

paper out of Plaintiff's stack herself or look into the situation any further. Then, both Ms. Wise and
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this yet to be named, and apparently, yet to be informed of decisional authority such as the Sullivan

or Whitman cases, both informed Plaintiff that they wouldn't give Plaintiff any sort of documentation

memorializing his attempts at filing and that they wouldn't keep anything he had to give them or

mark anything as "received". Next, Plaintiff finally manages to get somebody to accept his IFP

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Motion, whereupon the Chief Judge, in a departure from the "rubber stamping" Plaintiff was told was
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so common, insists that Plaintiff file a Supplemental Affidavit further detailing his lack of finances

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and underscoring, in writing, and on the record, what a great success Plaintiff had become in life

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financially, as having a licensed attorney sign a document with full knowledge of Rule 11 attesting to

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his deservedness of an In Forma Pauperis designation was not quite good enough proof of such, even

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though Plaintiff filled out the exact form the filing office provides to the public and insist they fill out
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in order to submit an In Forma Pauperis Motion, and this, after a clerk had refused to accept the more

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detailed IFP Plaintiff presented with during his initial attempt at filing, beating even the most

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draconian and onerous interpretation of the 90 day statute of limitations period, and avoiding

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unecessarily litigating issues related to Changes of Address, the EEOC's failure to update its contact

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information after Plaintiff had provided it in writing etc. So, not to humiliate Plaintiff or anything,
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but just to, you know, make sure that this IFP is justly granted, Plaintiff hereby attests, under penalty

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of perjury that his rent has recently jumped from $450 to $900 due to his roommate of four years

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graduating from college in May and deciding she "needed a change" (this after Plaintiff made untold

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sacrifices to see that she completed the three years worth of college credits she needed to graduate,

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after spending the preceeding 8 years working full time and only garnering one year's worth of

credits). So, while, perhaps, Plaintiff should have up and moved everythign and found a cheaper rent,

there was the matter of this lawsuit to tend to and all the obstacles eventually put in place by the

wCLL and the Filing Office, not to mention the task of digesting the sum of American jurisprudence
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with respect to 1983 claims, Title VII, whistleblower law, the 1996 Congress's restrictions on the

provision of legal aid whilst utilizing federal monies, etc., etc. Also, Plaintiff does not have a cable

television bill because Plaintiff does not have cable television. Plaintiff does not have a texting plan.

Plaintiff is on the 75 minutes a month for $20 voice plan and makes use of a $20 interent plan

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monthly. Plaintiff rolls around town in a 1996 Honda Accord, and while it is the LX model, it
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certainly does not indicate the sort of wanton spending that having an EX model would, what with its

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alloy rims, anti-lock brakes, and other luxuries (sometimes, even, a sunroof). Plaintiff owes students

14

loans in amounts calling for hundres of dollars a month in payments. Plaintiff has less than $500 in

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his bank account. Plaintiff is not prepared to say whether that amount is closer to $499 or $1.00, as it

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would just be too damn sad and pathetic to admit, under oath, and in the public record (freely
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available at the WCLL for a mere $1.00 a page) that he may have, say, only $20.00 to his name.

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Plaintiff is aware of case law that indicates he need not sell or list as assests the amount of socks he

20

owns or other such daily necessity types of items. Plaintiff does not own anything that could

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reaosnably be expected to fetch much more than $200 on Craigslist, and if you have ever tried to sell

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anything to a pawn shop in Reno, Plaintiff is rather confident he owns nothing that, if liquidated in
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such a way, would make Plaintiff's financial situation move from a place where case law would

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consider his finances to be such that he could reasonably bare the filing fee and afford a meager

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enough existence to get by. Plaintiff does own a few bottlecaps from seven-up bottles, however,

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Plaintiff has never demonstrated much of a flair for tap-dancing, and considering downtown Reno has

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never really embodied quite the same vibe as the French Quarter, Plaintiff feels condident that he

could not make much money doing a song and dance routine for tips. While Plaintiff is not quite yet

wearing a pickel barrel, his daily clothing choices hardly convey the sort of sartorial resplendence

one would expect out of those able to pay the typical filing fees in civl actions. While Plaintiff is
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trying, quite hard, to further his income levels, he would ask the Court to recognize that it can hardly

be said that Plaintiff is hitting the County up for an IFP every other day. Plaintiff asks that the filing

fee he paid in the other action filed, which may be substantially similar to the one attached to this

IFP, be refunded to Plaintiff and that the Complaint in the other action be deemed Plaintiff's first

10

Complaint, as, given some of the difficulties Plaintiff has faced, it would be just to reserve to Plaintiff
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the "one amended Complaint without seeking leave of Court" option in order to help Plaintiff

13

expedite this litigation and not unecessarily waste judicial resources. Plaintiff would also point out

14

that unemployment (which he is not getting at this time) is currently ticking upwards over 9.2%

15

nationally, with Washoe County being the capital of foreclosures, the face of the mortgage crisis, and,

16

along with some counties in Michigan and Rhode Island, in the dubious "top 5" with respect to
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highest unemployment rates. Indeed, the commercial real estate market in Washoe County is such

19

that previously unattainable and unrentable white shoe silk sheet properties usually the domain of the

20

Big Law Law Firms and Equity Houses are now being rented to, say, akrate studios and knitting

21

collectives at substantially reduced rents. Plaintiff is going to try and submit this document and beg

22

and plead with the filing clerks not to reject it or "kick it back out", though, Plaintiff suspects that is
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just what will happen. continutation of footnotes to Sullivan: 6. See Barnes v. District Court, 103

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Nev. 679, 683, 748 P.2d 483, 486 (1987) (noting that "plaintiffs who are allowed to proceed in forma

26

pauperis are not affected by economic deterrents to filing frivolous lawsuits"). 8. See NRCP 11(c)(1)

27

(B); Trustees v. Developers Surety, 120 Nev. 56, 63, 84 P.3d 59, 63 (2004) (recognizing the

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V2.23

legislative intent to "`deter frivolous or vexatious claims and defenses[, which] overburden limited

judicial resources, hinder the timely resolution of meritorious claims and increase the costs of

engaging in business and providing professional services to the public,'" through

the courts' imposition of sanctions under Rule 11 (quoting S.B. 250, 72d Leg. (Nev. 2003); 2003
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6

Nev. Stat., ch. 508, 153, at 3478)); see also Blanks v. State, 594 So. 2d 25, 28 (Miss. 1992),

abrogated in part by Bilbo v. Thigpen, 647 So. 2d 678 (Miss. 1994). 9. See NRCP 11(c)(1)(A), (B).

10. Blanks, 594 So. 2d at 27; see also Brown v. Diaz, 361 S.E.2d 490 (Ga. Ct. App. 1987)

(dismissing an in forma pauperis inmate's complaint for frivolity after holding a preliminary hearing);

10

Evans v. Green, 391 S.E.2d 11 (Ga. Ct. App. 1990) (same, at least when prisoner complaints alleging
11
12

violations of federal law are involved). 11. 766 F.2d 179 (5th Cir. 1985), abrogated in part by Neitzke

13

v. Williams, 490 U.S. 319, 323 (1989), modified in part by statute as recognized in Christiansen v.

14

Clarke, 147 F.3d 655 (8th Cir. 1998). 12. Id. at 180. 13. Id.; 28 U.S.C. 1915(e)(2). 14. Compare

15

NRS 12.015, with 28 U.S.C. 1915(e)(2), Del. Code Ann. tit. 10, 8803(b) (1999), Ga. Code Ann.

16

9-15-2(d) (1993), Neb. Rev. Stat. 25-2301 (1995), and 42 Pa. Cons. Stat. Ann. 240(j) (West
17
18

2002). 15. See Sullivan v. District Court, 111 Nev. 1367, 1371, 904 P.2d 1039, 1042 (1995) ("If, on

19

subsequent review of the application, the district court determines that petitioner has not shown he is

20

indigent, the district court may order petitioner to provide further information or may deny the

21

application in an appropriately filed written order."). " 4 Sullivan v. Eighth Judicial Dist. Court In

22

and For County of Clark, 904 P.2d 1039, 111 Nev. 1367 (Nev., 1995) 5 Casper v. Huber, 85 Nev.
23
24

474, 456 P.2d 436 (Nev., 1969) 6 In re Amendments to Eighth Judicial District Court Rules, ADKT

25

372 (Nev. 6/8/2006) (Nev., 2006) 7 Rodriguez v. Eighth Judicial District Court of State of Nevada,

26

120 Nev. Adv. Op. No. 87 (NV 12/9/2004), 120 Nev. Adv. Op. No. 87 (NV, 2004) 8 Rodriguez v.

27

Dist. Ct., 102 P.3d 41, 120 Nev. 798 (Nev., 2004): "Determining whether a particular party meets the

28

- 13 IFP Support

V2.24

standard for indigency is a fact-intensive inquiry.State v. Vincent, 883 P.2d 278, 283 (Utah 1994).

The initial burden of establishing indigency rests with the petitioner, (Nikander v. Dist. Ct. in & for

First. Jud. Dist., 711 P.2d 1260, 1262 (Colo.1986)) who must demonstrate not that he is entirely

destitute and without funds, but that payments for counsel would place an undue hardship on his
5
6

ability to provide the basic necessities of life for himself and his family. (Vincent, 883 P.2d at 283;

see also Nikander, 711 P.2d at 1262 ("In order to be deemed indigent, the defendant need not be

destitute; rather, it is sufficient that the defendant lack the necessary funds, on a practical basis, to

retain competent counsel.")....In the context of civil litigation, the general rule is that courts look to a

10

party's current financial status, including the [102 P.3d 47] party's income, property, and other
11
12

resources, to determine that party's present ability or, more importantly, inability to prosecute or

13

defend an action.15 When considering an indigency application, a trial judge must consider a party's

14

complete financial picture, balancing income and assets against debts and liabilities, taking into

15

account the cost of a party's basic needs and living expenses.16 Particularly relevant to this inquiry

16

are (1) the party's employment status and income, including income from government sources such as
17
18

social security and unemployment benefits,17 (2) the ownership of any unencumbered assets,

19

including real or personal property and monies on deposit,18 and finally, (3) the party's total

20

indebtedness and any financial assistance received from family or close friends.19 Additionally,

21

when confronted with a party who is willfully underemployed, especially for purposes of avoiding

22

court ordered support payments, additional inquiry is required. In such a case, it is prudent for the
23
24

court to consider the employability of the nonpaying party and what his or her ability to pay would be

25

if employment were pursued and obtained.20 We note that while the determination of a party's

26

indigency status is generally within the trial court's sound discretion and, therefore, entitled to great

27

deference on review, it is also subject to careful scrutiny when it involves the protection of basic

28

- 14 IFP Support

V2.25

constitutional rights.21 Here, Rodriguez filed an affidavit of indigency pursuant to NRS 171.188 of

Nevada's criminal procedure code, outlining his current financial status and attesting to the fact that

he is without means to employ an attorney. In the affidavit, Rodriguez notes that he does not own an

interest in any real estate or personal property of any value. He states that while he has borrowed
5
6

money from his mother, she "has no more money to loan [him] to obtain counsel," and that he is not

receiving assistance from any government agencies at this time. Although the district court made

summary findings that Rodriguez was underemployed, the court did not make specific findings

regarding indigency and his potential ability to pay. The court referenced the business awarded to

10

Rodriguez in the divorce, but made no specific findings concerning the type and value of the business
11
12

or what Rodriguez has done with the business to this point. In addition, the district court made

13

passing reference to Rodriguez's living arrangement and the level of support received from his

14

mother, but made no specific factual findings of indigency. In this case, the district court should fully

15

examine the facts underlying its conclusion that petitioner is underemployed [102 P.3d 48] and

16

determine whether he is indigent given the relevant factors above. 15. NRS 12.015; see Nikander,
17
18

711 P.2d at 1263 ("`The relevant consideration in determining indigency is whether the petitioner's

19

current financial status affords him equal access to the legal process." (quoting March v. Municipal

20

Court for San Francisco Judicial District, 7 Cal.3d 422, 102 Cal.Rptr. 597, 498 P.2d 437, 442

21

(1972))). 16. Nikander, 711 P.2d at 1262. 17. See Vincent, 883 P.2d at 283; Hill v. State, 305 Ark.

22

193, 805 S.W.2d 651, 652-53 (1991). 18. Hill, 805 S.W.2d at 652-53; Nikander, 711 P.2d at 1262.
23
24

19. E.g., Vincent, 883 P.2d at 283-84. Particularly relevant is a party's ability to borrow funds. More

25

pertinent to the situation presented here, where two people are living together and functioning as a

26

single economic unit, whether married, related, or otherwise, consideration of their combined

27

financial assets may be warranted. See id. at 283 n. 6 (citing Kelsey v. Hanson, 818 P.2d 590, 592

28

- 15 IFP Support

V2.26

(Utah Ct.App.1991) (allowing consideration of "financial aid from family or friends" in indigency

determinations); Hill, 805 S.W.2d at 653 (permitting consideration of a defendant's control or

discretionary use of funds raised by others when determining indigency); Nikander, 711 P.2d at 1262

(requiring that indigency determinations must be based on the "complete financial situation"
5
6

including all sources of income)). 20. We believe that this case presents one of the limited scenarios

where consideration of a party's earning capacity is relevant. Cf. Vincent, 883 P.2d at 283-84 (noting

that where a party claiming indigency chooses to be employed when it is convenient but then

conveniently elects unemployment to claim indigency, a trial court could reasonably conclude that

10

that party is attempting to manipulate the justice system)." &&&&&&&&&&&&&&&&&&&&& 8

11
12

Fed. Proc., L. Ed. 20:373 Federal Procedure, Lawyers Edition Database updated June 2011 Chapter

13

20. Courts and Judicial System IX. Proceedings in Forma Pauperis B. Persons Entitled to Proceed in

14

Forma Pauperis 2. Financial Eligibility Summary Correlation Table References 20:373. Level of

15

need An applicant need not prove that he or she is absolutely destitute before being allowed to

16

proceed in forma pauperis.[FN1] The standard of poverty under the in forma pauperis statute requires
17
18

a relatively minimal amount of sacrifice; it does not require an applicant to give up every amenity of

19

life,[FN2] nor does it require plaintiffs to choose between paying a filing fee and supporting

20

themselves or their family.[FN3] The central question is whether a party can afford court fees without

21

undue hardship.[FN4] If applicants have the wherewithal to pay court fees, or some part thereof,

22

without depriving themselves or their dependents of the necessities of life, then they should be
23
24

required to put their money where their mouths are.[FN5] Conversely, if a contribution toward such

25

expenses is outside an applicant's means or would so deplete their resources as to work a deprivation

26

of basic human needs, resort to forma pauperis is entirely appropriate.[FN6] It is established that civil

27

and criminal cases warrant differing standards with reference to an individual's financial capabilities.

28

- 16 IFP Support

V2.27

[FN7] Applicants financially eligible to proceed in forma pauperis include a plaintiff whose

home and car (of nominal value) are not readily convertible to cash and whose monthly income will

not allow for an expenditure of the fees of an action.[FN8] a legless man who requires the use of

his automobile to go to and from work, who has heavy debts for medical expenses, and whose
5
6

earnings even including the sales value of his automobile cannot warrant the saving of the reasonably

estimated fees of appeal.[FN9] a nondischargeability complainant who receives a monthly

payment of $683 under the Aid to Families with Dependent Children program and $210 per month in

food stamps but whose modest monthly expenses slightly exceed her monthly income by several

10

dollars.[FN10] a plaintiff whose sole source of income is a Social Security retirement benefit of
11
12

$752 per month; who has monthly expenses of $998, $695 of which is paid for rent; and who has no

13

assets other than ordinary household furnishings and clothing except for $40 cash on hand.[FN11]

14

Applicants financially ineligible

15

include a person of low income who nevertheless has an asset (house) too substantial to allow

16

an in forma pauperis proceeding, in light of the minimal fees he or she will incur in the litigation.
17
18

[FN12] prisoners having cash in their prison or hospital accounts sufficient to pay the necessary

19

fees.[FN13] a nondischargeability complainant whose confusing financial statement indicates that

20

her income, albeit somewhat fluctuating, totals approximately $596 per month and that her monthly

21

expenses are $357, leaving $239, while omitting any detailed explanation regarding the nature of the

22

complainant's previous employment, her current earning potential, and/or any efforts to obtain
23
24

employment.[FN14] Observation: The fact that a debtor is involved in a bankruptcy proceeding under

25

Chapter 7 is alone not sufficient to establish indigency under the in forma pauperis statute.[FN15]

26

Past decisions regarding one's pauper status are not determinative of one's present financial condition;

27

a federal court should redetermine in forma pauperis status each time a new petition is filed.[FN16]

28

- 17 IFP Support

V2.28

CUMULATIVE SUPPLEMENT Cases: Plaintiff sufficiently attested to his financial assets and

demonstrated that, due to his poverty, he was financially eligible to proceed in forma pauperis, where

he stated in his application that because of his incarceration, he was unable to work and had not

received any income in the past 12 months, and provided copies of his Florida Department of
5
6

Corrections Trust Fund Account statements for June through November 2006. Heuss v. U.S., 75 Fed.

Cl. 636 (2007). [END OF SUPPLEMENT] [FN1] Third Circuit U.S. v. Slater, 96 F.R.D. 53 (D. Del.

1982) Seventh Circuit Zaun v. Dobbin, 628 F.2d 990 (7th Cir. 1980) Eleventh Circuit Levy v.

Federated Dept. Stores, 607 F. Supp. 32 (S.D. Fla. 1984) [FN2] Eleventh Circuit Moon v. Newsome,

10

863 F.2d 835, 13 Fed. R. Serv. 3d 359 (11th Cir. 1989) [FN3] Ninth Circuit Wiideman v. Harper, 754
11
12

F. Supp. 808 (D. Nev. 1990) [FN4] Third Circuit U.S. v. Slater, 96 F.R.D. 53 (D. Del. 1982) [FN5]

13

First Circuit Temple v. Ellerthorpe, 586 F. Supp. 848 (D.R.I. 1984) [FN6] First Circuit Temple v.

14

Ellerthorpe, 586 F. Supp. 848 (D.R.I. 1984) [FN7] Second Circuit U. S. v. Jeff-Lewis Sav. & Loan

15

Ass'n, 530 F. Supp. 623 (N.D. N.Y. 1982) [FN8] Third Circuit Thomas v. Califano, 79 F.R.D. 14

16

(M.D. Pa. 1978) [FN9] Ninth Circuit Thiel v. Southern Pac. Co., 159 F.2d 61 (C.C.A. 9th Cir. 1946)
17
18

[FN10] Second Circuit In re Melendez, 153 B.R. 386 (Bankr. D. Conn. 1993) (rejected on other

19

grounds by, In re Buck, 157 B.R. 247 (Bankr. W.D. Pa. 1993)) [FN11] Third Circuit In re Koren, 176

20

B.R. 740 (Bankr. E.D. Pa. 1995) [FN12] Third Circuit Failor v. Califano, 79 F.R.D. 12 (M.D. Pa.

21

1978) [FN13] Third Circuit Souder v. McGuire, 516 F.2d 820 (3d Cir. 1975) Ward v. Werner, 61

22

F.R.D. 639 (M.D. Pa. 1974) In re Lassina, 261 B.R. 614 (Bankr. E.D. Pa. 2001) Fifth Circuit Carroll
23
24

v. U.S., 320 F. Supp. 581 (S.D. Tex. 1970) [FN14] Third Circuit In re Lassina, 261 B.R. 614 (Bankr.

25

E.D. Pa. 2001) [FN15] Eighth Circuit Department of Banking and Finance, State of Neb. v. Copple,

26

84 B.R. 163 (Bankr. D. Neb. 1988) [FN16] Fifth Circuit Holmes v. Hardy, 852 F.2d 151 (5th Cir.

27

1988) FEDPROC 20:373 &&&&&&&&&&&&&&&&&&&&& 8 Fed. Proc., L. Ed. 20:374

28

- 18 IFP Support

V2.29

Federal Procedure, Lawyers Edition Database updated June 2011 Chapter 20. Courts and Judicial

System IX. Proceedings in Forma Pauperis B. Persons Entitled to Proceed in Forma Pauperis 2.

Financial Eligibility Summary Correlation Table References 20:374. Resources considered A court

may properly consider the resources and aid that friends and relatives can lend the applicant, but the
5
6

assets of relatives who have no legal responsibility for the applicant's welfare, such as the parents of

an emancipated child, should not be considered.[FN1] In some instances, however, the courts will

consider the applicant's actual ability to get funds from a spouse, parent, adult sibling, or other next

friend.[FN2] For example, it has been held that, if the plaintiff is supported by a spouse and the

10

spouse is financially able to pay the fees of an appeal, it follows that the plaintiff's own lack of funds
11
12

would not prevent him or her from gaining access to the courts.[FN3] Other factors the courts deem

13

proper for consideration in deciding financial eligibility include marital status and number of

14

dependents, place of residence, nature of employment,[FN4] the applicant's earning potential (even

15

though unemployed), and efforts to obtain employment.[FN5] The court may consider funds of a

16

coplaintiff when considering whether it is appropriate to grant one plaintiff in forma pauperis status.
17
18

[FN6] If the aggregate funds are sufficient to pay the fee of the action, permission to proceed in

19

forma pauperis may be denied.[FN7] The district court errs if it takes judicial notice of a newspaper

20

article as proof that a plaintiff has access to a cache of thousands of dollars, because a statement of

21

fact in a newspaper does not of itself establish that the statement is capable of the accurate and ready

22

determination by resort to sources whose accuracy cannot reasonably be questioned which the taking
23
24

of judicial notice requires.[FN8] Observation: In one case, an indigent prisoner was permitted to

25

continue to proceed in forma pauperis notwithstanding his receipt of a substantial settlement sum in

26

an unrelated tort action but was required to document all spending from the settlement fund to assure

27

the court that any such spending was in fact only for the petitioner's medical needs and support of his

28

- 19 IFP Support

V2.30

minor son.[FN9] CUMULATIVE SUPPLEMENT Cases: Plaintiff met poverty requirement of in

forma pauperis statute, where she hovered close to one measure of poverty, she owed a large debt

despite her financial limitations, her net worth was negative, her monthly budget exceeded her

monthly income, and another federal program deemed her eligible for assistance reserved for the
5
6

poor. Fiebelkorn v. U.S., 77 Fed. Cl. 59 (2007). [END OF SUPPLEMENT] [FN1] Third Circuit U.S.

v. Scharf, 354 F. Supp. 450 (E.D. Pa. 1973), aff'd, 480 F.2d 919 (3d Cir. 1973) [FN2] Fourth Circuit

Williams v. Spencer, 455 F. Supp. 205 (D. Md. 1978) [FN3] Second Circuit Monti v. McKeon, 600

F. Supp. 112 (D. Conn. 1984), aff'd, 788 F.2d 1 (2d Cir. 1985) [FN4] Fifth Circuit Watson v. Ault,

10

525 F.2d 886, 21 Fed. R. Serv. 2d 109 (5th Cir. 1976) Evensky v. Wright, 45 F.R.D. 506 (N.D. Miss.
11
12

1968) [FN5] Eighth Circuit Roberts v. I-T-E Circuit Breaker Co., 316 F. Supp. 133 (D. Minn. 1970)

13

[FN6] Seventh Circuit Nur v. Blake Development Corp., 664 F. Supp. 430 (N.D. Ind. 1987) [FN7]

14

Seventh Circuit Nur v. Blake Development Corp., 664 F. Supp. 430 (N.D. Ind. 1987) [FN8] Eleventh

15

Circuit Cofield v. Alabama Public Service Com'n, 936 F.2d 512 (11th Cir. 1991) [FN9] Eighth

16

Circuit Ayres v. Eggers, 145 F.R.D. 99 (D. Neb. 1992) &&&&&&&&&&&&&&&&&&&&& 8

17
18

Fed. Proc., L. Ed. 20:364 Federal Procedure, Lawyers Edition Database updated June 2011 Chapter

19

20. Courts and Judicial System IX. Proceedings in Forma Pauperis A. In General Summary

20

Correlation Table References 20:364. Court's discretion to grant or deny application Leave to

21

proceed in forma pauperis is discretionary with the court;[FN1] however, that discretion cannot be

22

exercised so as to deny a person access to the federal courts solely on account of financial standing.
23
24

[FN2] Additionally, a court, in exercising its discretion, must not act arbitrarily; nor may it deny an

25

application on erroneous grounds.[FN3] Leave to proceed in forma pauperis cannot be denied

26

because litigants are receiving free legal representation by legal aid society lawyers.[FN4] The nature

27

of the cause of action is a legitimate factor in a court's consideration of how to employ its discretion

28

- 20 IFP Support

V2.31

when application is made under 28 U.S.C.A. 1915; [FN5] at least one court has stated, for example,

that in civil cases involving poor litigants seeking monetary recovery, in forma pauperis status should

be sparingly granted, that is, granted only in "exceptional or extraordinary" cases.[FN6] A "sparing"

exercise of discretion has also been advocated in cases involving applications by prisoners.[FN7] A
5
6

magistrate judge does not have authority to deny a motion to proceed in forma pauperis.[FN8]

Similarly, a district court may not appoint counsel for a party seeking pauper status and direct the

attorney to review the case and write a report if the case lacks merit because a court may not rely

upon an ex parte communication with a third party in determining the merits of an action, such as

10

using an attorney as an intermediary to prescreen the merits of an action not yet filed.[FN9] However,
11
12

it has been held that a court may deny a plaintiff's motion for counsel if it concludes that the

13

plaintiff's chances of success are highly dubious, and, in reaching this conclusion, it may rely in part

14

on an evaluation by a member of the bar that the claim has no merit.[FN10] Caution: A court is not

15

bound by its grant of leave to proceed in forma pauperis; a party may lose pauper status, and the court

16

may retroactively require the payment of fees if the party's financial situation improves. [FN11]
17
18

Comment: Where rights guaranteed under the Federal Constitution are implicated, a court's refusal to

19

permit a person to proceed in forma pauperis may be invalid as a denial of due process of law, as

20

where indigent married persons are not permitted to institute divorce suits except on payment of court

21

fees.[FN12] Moreover, in exercising its discretion to dismiss a prisoner's in forma pauperis

22

application, a court may not base its conclusion on evidence examined in camera; such action
23
24

deprives the prisoner of his or her right to cross-examine the witnesses who prepared the evidence.

25

[FN13] On the

26

other hand, in cases involving discharge in bankruptcy[FN14] and welfare and old-age assistance,

27

[FN15] the Supreme Court has held that the requirement of a filing fee does not violate the indigent's

28

- 21 IFP Support

V2.32

constitutional rights to due process and equal protection of the law. CUMULATIVE SUPPLEMENT

Cases: Court of Appeals has discretion to deny or revoke abusive litigants' in forma pauperis (IFP)

privilege, looking to the number, content, frequency, and disposition of their previous filings. Hurt v.

Social Security Admin., 544 F.3d 308 (D.C. Cir. 2008). Plaintiff's filing of extraordinary number of
5
6

meritless suits and appeals, targeting Declaration of Independence, Black's Law Dictionary, United

Nations, agencies of District of Columbia, federal government, and various courts and their officers,

and seeking trillions of dollars in damages, warranted revocation of plaintiff's in forma pauperis (IFP)

privilege, not only for 44 remaining appeals out of more than 70 appeals filed but also for future civil

10

appeals, since number, content, frequency, and disposition of filings showed especially abusive
11
12

pattern aimed at taking advantage of IFP privilege. Hurt v. Social Security Admin., 544 F.3d 308

13

(D.C. Cir. 2008). Under the in forma pauperis statute, determination of what constitutes "unable to

14

pay" or unable to "give security therefor" and, thus, whether to allow a plaintiff to proceed in forma

15

pauperis, is left to the discretion of the presiding judge, based on the information submitted by the

16

plaintiff. 28 U.S.C.A. 1915(a)(1). Moore v. U.S., 93 Fed. Cl. 411 (2010). Determination of what
17
18

constitutes "unable to pay" or unable to "give security therefor," within meaning of in forma pauperis

19

statute, and therefore, whether to allow a plaintiff to proceed in forma pauperis, is left to the

20

discretion of the presiding judge, based on the information submitted by the plaintiff or plaintiffs. 28

21

U.S.C.A. 1915(a)(1). Waltner v. U.S., 93 Fed. Cl. 139 (2010). [END OF SUPPLEMENT] [FN1]

22

Third Circuit Davison v. Joseph Horne & Co., 265 F. Supp. 750 (W.D. Pa. 1967) Fourth Circuit
23
24

Gardner v. King, 464 F. Supp. 666, 27 Fed. R. Serv. 2d 950 (W.D. N.C. 1979) Ninth Circuit

25

Jefferson v. U.S., 277 F.2d 723 (9th Cir. 1960) Forms OrderGranting leave to proceed in forma

26

pauperis. Federal Procedural Forms 3:256 to 3:258. [FN2] Third Circuit Ward v. Werner, 61

27

F.R.D. 639 (M.D. Pa. 1974) [FN3] Fifth Circuit Flowers v. Turbine Support Division, 507 F.2d 1242

28

- 22 IFP Support

V2.33

(5th Cir. 1975) [FN4] Fourth Circuit Dillard v. Liberty Loan Corp., 626 F.2d 363 (4th Cir. 1980)

Fifth Circuit Trujillo v. U.S., 492 F.2d 128 (5th Cir. 1974) [FN5] Fourth Circuit Leverett v. Bishop

Furniture Co., Inc., 451 F. Supp. 289 (D.S.C. 1978) Eighth Circuit U. S. ex rel. Keith v. Sioux Nation

Shopping Center, 488 F. Supp. 496 (D.S.D. 1980), judgment aff'd, 634 F.2d 401 (8th Cir. 1980)
5
6

[FN6] Fourth Circuit Leverett v. Bishop Furniture Co., Inc., 451 F. Supp. 289 (D.S.C. 1978) [FN7]

20:375. - [FN8] 20:403. - [FN9] Sixth Circuit Gibson v. R.G. Smith Co., 915 F.2d 260, 18 Fed. R.

Serv. 3d 1379 (6th Cir. 1990) [FN10] Second Circuit Pena v. Choo, 826 F.2d 168 (2d Cir. 1987)

[FN11] Ninth Circuit Wiideman v. Harper, 754 F. Supp. 808 (D. Nev. 1990) [FN12] U.S. Supreme

10

Court Boddie v. Connecticut, 401 U.S. 371, 91 S. Ct. 780, 28 L. Ed. 2d 113 (1971) A.L.R. Library
11
12

Right of Indigent to Proceed in Marital Action Without Payment of Costs, 52 A.L.R.3d 844. [FN13]

13

Ninth Circuit Diamond v. Pitchess, 411 F.2d 565 (9th Cir. 1969) [FN14] U.S. Supreme Court U.S. v.

14

Kras, 409 U.S. 434, 93 S. Ct. 631, 34 L. Ed. 2d 626 (1973) [FN15] U.S. Supreme Court Ortwein v.

15

Schwab, 410 U.S. 656, 93 S. Ct. 1172, 35 L. Ed. 2d 572 (1973) 10 Fed. Prac. & Proc. Civ. 2673 (3d

16

ed.) Federal Practice & Procedure Current through the 2011 Update Federal Rules Of Civil Procedure
17
18

The Late Charles Alan Wright[FNa114], Arthur R. Miller[FNa115], Mary Kay Kane[FNa116],

19

Richard L. Marcus[FNa117] Chapter 8. Judgment Rule 54. Judgments; Costs D. Costs Link to

20

Monthly Supplemental Service 2673 Costs in Actions in Forma Pauperis Primary Authority Fed. R.

21

Civ. P. 54 Forms West's Federal Forms 4612 to 4632 Congress has enacted what appears to be an

22

extremely broad statute waiving the prepayment of costs and fees in actions brought in forma
23
24

pauperis. Section 1915(a) of Title 28 provides: Any court of the United States may authorize the

25

commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal

26

therein, without prepayment of fees and costs or security therefor, by a person who makes affidavit

27

that he is unable to pay such costs or give security therefor. Such affidavit shall state the nature of the

28

- 23 IFP Support

V2.34

action, defense or appeal and affiant's belief that he is entitled to redress. An appeal may not be taken

in forma pauperis if the trial court certifies in writing that it is not taken in good faith. Despite this

broad language, the scope of the term costs has been read narrowly and many items of expense

typically regarded as costs have been disallowed under the statute.[FN1] The federal statute has its
5
6

roots in a fifteenth-century English statute authorizing an indigent plaintiff to litigate without liability

for costs. [FN2] A comparable statute was enacted in the United States in 1892[FN3] and was

expanded to cover defendants in 1910.[FN4] The statute was amended further in 1922[FN5] and

1944[FN6] to extend its coverage to certain expenses not embraced by the earlier enactments. In

10

1959 it was amended once again, this time to make it apply to any person rather than only to citizens.
11
12

[FN7] As provided by the current statute, in forma pauperis status may be claimed in any civil or

13

criminal action or on appeal. The one exception to this statement is bankruptcy proceedings as the

14

Supreme Court has held that the statute is not applicable to those actions.[FN8] The vast majority of

15

petitions for relief under the statute arise in the criminal context. Thus, the working of Section 1915

16

will be sketched in rather brief fashion here; indeed, most of the decisions cited in the notes are
17
18

criminal cases. To secure the benefits of Section 1915(a), the litigant must show, typically by

19

affidavit,[FN9] that he is unable to pay such costs or give security therefor. The Supreme Court has

20

made it clear that the applicant need not be absolutely destitute to be granted relief under the

21

statute. [FN10] In a representative situation, the affidavit should be prepared by the person who

22

actually will benefit from the action.[FN11] The district court has discretion to grant or deny the
23
24

benefits of Section 1915(a).[FN12] Typically, it will accept the allegations concerning the applicant's

25

financial circumstances at face value, although there are cases in which the court has challenged the

26

applicant's good faith or concluded that the claim or defense was without merit and that allowing the

27

applicant to proceed would serve no useful function.[FN13] Indeed, some courts have ruled that if the

28

- 24 IFP Support

V2.35

court finds that an action that is brought in forma pauperis is frivolous and malicious, it not only may

dismiss the suit, but also it may assess costs against plaintiff.[FN14] Of course, the court's discretion

must be exercised in a reasonable fashion and is subject to review for abuse.[FN15] This may be

done by extraordinary writ[FN16] or, when the application is denied, by appealing the decision as a
5
6

collateral order.[FN17] One interesting question that arose under Section 1915 is whether or not a

corporation may proceed in forma pauperis. In S.O.U.P., Inc. v. Federal Trade Commission,[FN18]

the District of Columbia Circuit assumed, arguendo, that a corporation falls within the word person

for purposes of Section 1915(a) but denied relief on the ground that the members of the public

10

interest corporation could pay the small costs that were involved. One judge, in a dissenting opinion,
11
12

urged the recognition of corporate persons under Section 1915(a).[FN19] Other circuits concluded,

13

however, that the statute was limited to natural persons.[FN20] The Supreme Court resolved the issue

14

in 1993 in Rowland v. California Men's Colony, Unit II Men's Advisory Council.[FN21] Justice

15

Souter, writing for a five-member majority, concluded that Congress had intended to limit the statute

16

to natural persons by identifying four contextual features of the statute that suggested that Congress
17
18

was referring only to individuals when it used the term person in Section 1915. As was noted

19

earlier, Section 1915(a) expressly permits appeals to be taken in forma pauperis. Permission to do is

20

secured from the district court, rather than the court of appeals,[FN22] however. The district court

21

may certify that the appeal is not being taken in good faith. This will have the effect of denying relief

22

in the absence of some showing that the certificate is made without warrant or not in good
23
24

faith.[FN23] Section 1915(b) provides that the expense of printing the record on appeal, when

25

required by the appellate court, will be borne by the United States if the litigant presents an in forma

26

pauperis affidavit. Subsections (c), (d), and (e) of the statute all deal with other procedural aspects of

27

actions in forma pauperis. [FNa114] Charles Alan Wright Chair in Federal Courts, The University of

28

- 25 IFP Support

V2.36

Texas. - [FNa115] University Professor, New York University. Formerly Bruce Bromley Professor of

Law, Harvard University. - [FNa116] John F. Digardi Distinguished Professor of Law, Chancellor

and Dean Emeritus, University of California, Hastings College of the Law. - [FNa117] Horace O.

Coil (57) Chair in Litigation, University of California, Hastings College of the Law. - [FN1] Costs
5
6

limited Appealing inmate's in forma pauperis status did not give him the right to have a file stamped

copy of the notice of appeal made and returned to him at government expense. In re Richard,

8
9

C.A.6th, 1990, 914 F.2d 1526. In forma pauperis status of civil-rights plaintiff did not exempt him
from requirement that witness fees be tendered with subpoena. Tedder v. Odel, C.A.9th, 1989, 890

10

F.2d 210. Evans v. Tennessee Dep't of Corrections, C.A.6th, 1975, 514 F.2d 283 (fees of clerk and
11
12

marshal not allowed). Harless v. U. S., C.A.5th, 1964, 329 F.2d 397 (court orders, indictments, and

13

transcript of record disallowed). Douglas v. Green, C.A.6th, 1964, 327 F.2d 661, certiorari denied 85

14

S.Ct. 126, 379 U.S. 862, 13 L.Ed.2d 66 (court orders disallowed). Although indigent civil litigants

15

may be relieved of the obligation to pay filing fees, transportation expenses are not provided, as

16

directing that public funds be used to pay those expenses would go beyond the scope of affirmative
17
18

assistance to civil litigants required by statute. Manning v. Tefft, D.C.R.I.1994, 839 F.Supp. 126.

19

McClure v. Salvation Army, D.C.Ga.1971, 51 F.R.D. 215 (copy of transcript disallowed). Ebenhart

20

v. Power, D.C.N.Y.1969, 309 F.Supp. 660 (deposition costs disallowed). [FN2] English statute 11

21

Henry VII, c. 12 (1495). This statute did not apply to defendants. Nor did a subsequent statute on the

22

same subject. 23 Henry VIII, c. 15 (1531 1532). [FN3] Act of 1892 27 Stat. 252 (1892). [FN4] Act
23
24

of 1910 36 Stat. 866 (1910). [FN5] Act of 1922 42 Stat. 666 (1922) (record on appeal in a criminal

25

case). [FN6] Act of 1944 58 Stat. 5 (1944) (trial transcript). [FN7] Act of 1959 73 Stat. 590 (1959).

26

Prior to that amendment the statute was construed as not applying to aliens. Higgins v. Steele,

27

C.A.8th, 1952, 195 F.2d 366, 368. Boyden v. Smith, C.A.9th, 1950, 183 F.2d 189. [FN8] Bankruptcy

28

- 26 IFP Support

V2.37

U.S. v. Kras, 1973, 93 S.Ct. 631, 409 U.S. 434, 34 L.Ed.2d 626. [FN9] Affidavit The affidavit must

be prepared by the petitioner. Pothier v. Rodman, 1923, 43 S.Ct. 374, 261 U.S. 307, 67 L.Ed. 670. A

terse, unparticularized oath of indigency does not satisfy the affidavit of poverty requirement in the in

forma pauperis statute. Zaun v. Dobbin, C.A.7th, 1980, 628 F.2d 990. A certificate is not sufficient.
5
6

Williams v. Pierce County Bd. of Comm'rs, C.A.9th, 1959, 267 F.2d 866. Leave to proceed in forma

pauperis would be denied, and the action dismissed, in light of plaintiffs' failure to submit a

statutorily sufficient affidavit; plaintiffs stated that they were not subject to the requirement of fees

and apparently believed that in forma pauperis application did not have to be completed and sworn to

10

before the court and, thus, no determination of financial qualification could be made. Bey v. Syracuse
11
12

Univ., D.C.N.Y.1994, 155 F.R.D. 413. [FN10] Absolutely destitute Adkins v. E. I. Du Pont de

13

Nemours & Co., 1948, 69 S.Ct. 85, 8889, 335 U.S. 331, 338340, 93 L.Ed. 43. One need not be

14

absolutely destitute to enjoy the benefit of proceeding in forma pauperis; an affidavit to proceed in

15

forma pauperis is sufficient if it states that one cannot, because of poverty, afford to pay for the costs

16

of litigation and still provide for him-or herself and any dependents. Jones v. Texas, D.C.Tex.1995,
17
18

893 F.Supp. 643. Johnson v. City of Port Arthur, D.C.Tex.1995, 892 F.Supp. 835. Gift Stars, Inc. v.

19

Alexander, D.C.N.Y.1965, 245 F.Supp. 697. See also Quittner v. Motion Picture Producers &

20

Distribs. of America, Inc., C.C.A.2d, 1934, 70 F.2d 331 (attorney, retained on a contingent fee basis,

21

does not have to attest to personal poverty). [FN11] Beneficiary of action In re American Mounting

22

& Die Cutting Co., C.C.A.8th, 1942, 126 F.2d 419 (creditor and not trustee in bankruptcy is
23
24

beneficiary). Carter v. Kurn, C.C.A.8th, 1941, 120 F.2d 261 (others, and not administrator, are

25

beneficiaries). See also Roche v. New Hampshire Nat. Bank, D.C.N.H.1951, 97 F.Supp. 61. [FN12]

26

Discretion Kinney v. Plymouth Rock Squab Co., 1915, 35 S.Ct. 236, 236 U.S. 43, 59 L.Ed. 457.

27

Federal district courts have broad discretion in determining whether a complaint filed in forma

28

- 27 IFP Support

V2.38

pauperis is frivolous so as to warrant dismissal. Neals v. Norwood, C.A.5th, 1995, 59 F.3d 530. The

privilege of proceeding in forma pauperis without posting security for costs and fees is reserved to

the many truly impoverished litigants who, within the district court's sound discretion, would remain

without a legal remedy if that privilege were not afforded to them. Brewster v. North Am. Van Lines,
5
6

Inc., C.A.7th, 1972, 461 F.2d 649. Willard v. U. S., C.A.5th, 1970, 422 F.2d 810, certiorari denied 90

S.Ct. 1714, 398 U.S. 913, 26 L.Ed.2d 76. Higgins v. Steele, C.A.8th, 1952, 195 F.2d 366. Huffman v.

Smith, C.A.9th, 1949, 172 F.2d 129. Smith v. Firestone Tire & Rubber Co., D.C.Pa.1966, 255

F.Supp. 905. Shields v. U. S., D.C.Ky.1962, 201 F.Supp. 790, affirmed on other grounds C.A.6th,

10

1962, 310 F.2d 708, certiorari denied 83 S.Ct. 1888, 374 U.S. 837, 10 L.Ed.2d 1058 (petition clearly
11
12

frivolous, without merit, and lacking in good faith). If a losing party is indigent or unable to pay

13

the full measure of costs, a district court may, but need not automatically, exempt the losing party

14

from paying costs. In re Paoli R.R. Yard PCB Litigation, C.A.3d, 2000, 221 F.3d 449, 463, citing

15

Wright, Miller & Kane. Compare Despite the contention that costs should be assessed against civil-

16

rights litigants only in exceptional cases when the claim is frivolous, malicious or utterly without
17
18

foundation, the district court did not abuse its discretion in the assessment of costs against three

19

inmates who were granted leave to proceed in forma pauperis in section 1983 actions in which

20

judgment was entered for defendants. Flint v. Haynes, C.A.4th, 1981, 651 F.2d 970. [FN13] Petition

21

denied Pothier v. Rodman, 1923, 43 S.Ct. 374, 261 U.S. 307, 67 L.Ed. 670. Kinney v. Plymouth

22

Rock Squab Co., 1915, 35 S.Ct. 236, 236 U.S. 43, 59 L.Ed. 457. Olson v. Stotts, C.A.10th, 1993, 9
23
24

F.3d 1475 (frivolous). Jones v. U. S., C.A.5th, 1972, 453 F.2d 351 (action for which petitioner sought

25

damages still pending). Conway v. Fugge, C.A.9th, 1971, 439 F.2d 1397 (frivolous). Benn v.

26

Borden's Starlac Dry Milk Prod., C.A.9th, 1971, 438 F.2d 523 (lack of jurisdiction). Alexander v.

27

California Court Director of Correction, Adult Authority, C.A.9th, 1970, 433 F.2d 360 (failure to

28

- 28 IFP Support

V2.39

allege facts sufficient to constitute a claim for relief under Civil Rights Act). Conway v. Oliver,

C.A.9th, 1970, 429 F.2d 1307 (malicious or frivolous). Dawson v. Lynch, C.A.9th, 1970, 423 F.2d

1136 (frivolous). Allison v. California Adult Authority, C.A.9th, 1969, 419 F.2d 822 (failure to state

claim). Startti v. U. S., C.A.5th, 1969, 415 F.2d 1115. Diamond v. Pitchess, C.A.9th, 1969, 411 F.2d
5
6

565 (frivolous or malicious). Williams v. Field, C.A.9th, 1968, 394 F.2d 329, certiorari denied 89

S.Ct. 213, 393 U.S. 891, 21 L.Ed.2d 171. Shobe v. People of California, C.A.9th, 1966, 362 F.2d

545, certiorari denied 87 S.Ct. 185, 385 U.S. 887, 17 L.Ed.2d 115. Cole v. Smith, C.A.8th, 1965, 344

F.2d 721. Harless v. U. S., C.A.5th, 1964, 329 F.2d 397. Higgins v. Steele, C.A.8th, 1952, 195 F.2d

10

366. Sandles v. Schneider, D.C.Wis.1995, 914 F.Supp. 287 (frivolous). Appellant could not proceed
11
12

in forma pauperis, since his attempt to use a motion to vacate a criminal sentence to challenge civil

13

forfeiture was so lacking in good faith that it amounted to deliberate harassment of the court or

14

intentional abuse of judicial process. U.S. v. Britt, D.C.Va.1995, 907 F.Supp. 949. Perkins v. New

15

Jersey Dep't of Labor, Div. of Workers Compensation, D.C.Pa.1994, 154 F.R.D. 132. Although civil

16

rights plaintiffs were hard-pressed to pay costs, they clearly were not indigent and not excused from
17
18

the taxation of costs altogether. McCabe v. City of Chicago, D.C.Ill.1984, 593 F.Supp. 665. Plaintiff

19

would not be granted leave to proceed in forma pauperis in a civil-rights action against Satan and his

20

servants, who allegedly placed deliberate obstacles in plaintiff's path and caused his downfall, in view

21

of questions of personal jurisdiction over defendant, the propriety of using a class action, and

22

plaintiff's failure to include instructions about where the marshal was to serve process. U. S. ex rel.
23
24

Mayo v. Satan & his Staff, D.C.Pa.1971, 54 F.R.D. 282. In re Wilson, D.C.Tenn.1970, 314 F.Supp.

25

271 (no substantial controversy). Jones v. Board of Probation & Parole, Pennsylvania, D.C.Pa.1968,

26

281 F.Supp. 62 (jurisdiction). Shields v. U. S., D.C.Ky.1962, 201 F.Supp. 790, affirmed on other

27

grounds C.A.6th, 1962, 310 F.2d 708, certiorari denied 83 S.Ct. 1888, 374 U.S. 837, 10 L.Ed.2d

28

- 29 IFP Support

V2.40

1058. Tsermengas v. Pontiac Press, D.C.Mich.1961, 199 F.Supp. 557. Compare Taxation of costs

against unsuccessful civil rights plaintiff was proper, despite her claim that she should be excused

from paying costs due to her indigency, when the court after a review of plaintiff's affidavit

concluded that plaintiff had sufficient assets to take out a loan to pay the judgment without being
5
6

rendered destitute. Jones v. Continental Corp., C.A.6th, 1986, 789 F.2d 1225. But compare Ragan v.

Cox, C.A.10th, 1962, 305 F.2d 58 (merit or lack thereof is not determinative of granting leave to

proceed in forma pauperis). [FN14] Assess costs Costs of frivolous appeal would be taxed against an

inmate who filed in forma pauperis civil-rights action, who, acting pro se, had filed half a dozen

10

petitions for habeas-corpus relief and several prisoner civil-rights cases, and prisoner would be
11
12

prevented from filing a further appeal in forma pauperis in the court unless the district court certified

13

the appeal to be in good faith or the inmate had paid appellate costs taxed. Lay v. Anderson, C.A.5th,

14

1988, 837 F.2d 231. [A] person who is an indigent has no constitutional right to access to the courts

15

to prosecute an action that is frivolous and malicious. And although he has obtained leave to

16

prosecute such action without prepayment of costs or giving security therefor if after he has
17
18

commenced the action the court becomes satisfied that the action is frivolous and malicious, it may

19

dismiss the action and adjudge that the costs of the action shall be assessed against him. That

20

necessarily follows, because such indigent person had no right to prostitute the processes of the court

21

by bringing a frivolous and malicious action. Duhart v. Carlson, C.A.10th, 1972, 469 F.2d 471, 478

22

(per Phillips, J.), certiorari denied 93 S.Ct. 1431, 410 U.S. 958, 35 L.Ed.2d 692. Litigants proceeding
23
24

in forma pauperis must recognize they are not immune from the consequences of pursuing a

25

vexatious course of litigation; notably, a litigant who is granted leave to proceed in forma pauperis is

26

not relieved of the obligation to pay taxable costs after his action is over. Chevrette v. Marks,

27

D.C.Pa.1983, 558 F.Supp. 1133. [FN15] Review for abuse Denton v. Hernandez, 1992, 112 S.Ct.

28

- 30 IFP Support

V2.41

1728, 504 U.S. 25, 118 L.Ed.2d 340. Roberts v. U. S. District Court, 1950, 70 S.Ct. 954, 339 U.S.

844, 94 L.Ed. 1326. Adkins v. E. I. Du Pont de Nemours & Co., 1948, 69 S.Ct. 85, 335 U.S. 331, 93

L.Ed. 43. Pedraza v. Jones, C.A.5th, 1995, 71 F.3d 194. Alexander v. Carson Adult High School,

C.A.9th, 1993, 9 F.3d 1448. The refusal to allow plaintiff, whose salary was approximately $16,500
5
6

per year, to proceed in forma pauperis did not constitute an abuse of discretion. Brewster v. North

Am. Van Lines, Inc., C.A.7th, 1972, 461 F.2d 649. Spires v. Bottorff, C.A.7th, 1963, 317 F.2d 273.

Weller v. Dickson, C.A.9th, 1963, 314 F.2d 598, certiorari denied 84 S.Ct. 97, 375 U.S. 845, 11

L.Ed.2d 72. Aylor v. U. S., C.A.5th, 1952, 194 F.2d 968. [FN16] Extraordinary writ Steffler v. U. S.,

10

1943, 63 S.Ct. 948, 319 U.S. 38, 87 L.Ed. 1197. [FN17] Collateral order Roberts v. U. S. District
11
12

Court, 1950, 70 S.Ct. 954, 339 U.S. 844, 94 L.Ed. 1326. Lipscomb v. U. S., C.A.9th, 1962, 301 F.2d

13

905, certiorari denied 83 S.Ct. 298, 371 U.S. 928, 9 L.Ed.2d 235. [FN18] S.O.U.P. case

14

C.A.D.C.1971, 449 F.2d 1142. [FN19] Dissenting opinion 449 F.2d at 11431145. [FN20] Limit to

15

natural persons FDM Manufacturing Co. v. Scottsdale Ins. Co., C.A.5th, 1988, 855 F.2d 213. [FN21]

16

Rowland case 1993, 113 S.Ct. 716, 506 U.S. 194, 121 L.Ed.2d 656. Justices Blackmun, Kennedy,
17
18

Stevens, and Thomas dissented. [FN22] District court permission Steffler v. U. S., 1943, 63 S.Ct.

19

948, 319 U.S. 38, 87 L.Ed. 1197. Gilbert v. U. S., C.A.9th, 1960, 278 F.2d 61. Jefferson v. U. S.,

20

C.A.9th, 1960, 277 F.2d 723, certiorari denied 81 S.Ct. 227, 364 U.S. 896, 5 L.Ed.2d 190. [FN23]

21

Certificate challenged Johnson v. U. S., 1957, 77 S.Ct. 550, 352 U.S. 565, 1 L.Ed.2d 593. Wells v. U.

22

S., 1943, 63 S.Ct. 582, 318 U.S. 257, 87 L.Ed. 746. Hjelm v. U. S., C.A.8th, 1960, 277 F.2d 393.
23
24

Brown v. U. S., C.A.8th, 1960, 277 F.2d 201. Tweedy v. U. S., C.A.9th, 1960, 276 F.2d 649. [W]e

25

will not entertain a direct application to this Court ... for allowing an appeal in forma pauperis unless

26

it clearly appears from the record submitted to us that the denial of such a certificate by the trial court

27

was arbitrary or unwarranted. Higgins v. Steele, C.A.8th, 1952, 195 F.2d 366, 369. See also There is

28

- 31 IFP Support

V2.42

some authority indicating that the appellate court cannot ignore the district court's certificate. See, e.

g., Middlebrooks v. U. S., C.A.9th, 1950, 184 F.2d 331. However, it seems more reasonable to

conclude that the reviewing court has that power in at least a very limited range of cases. See, e. g.,

Holt v. U. S., C.A.6th, 1960, 279 F.2d 735, certiorari denied 81 S.Ct. 355, 364 U.S. 928, 5 L.Ed.2d
5
6

266. FPP 2673 20 C.J.S. Costs 99 Corpus Juris Secundum Database updated June 2011 Costs

by Jack K. Levin, J.D. and Elizabeth Williams, J.D. VI. Actions or Defenses in Forma Pauperis B.

Procedure Topic Summary References Correlation Table 99. Determination and order West's Key

Number Digest West's Key Number Digest, Costs FPRIVATE "TYPE=PICT;ALT=Key Number"

10

133 A court ruling on an application for leave to proceed in forma pauperis must make
11
12

determinations whether the plaintiff qualifies and the case is frivolous, and its decision is a matter of

13

discretion. A plaintiff should be allowed to proceed in forma pauperis if he or she is truly unable to

14

pay costs and expenses, and the claims are not frivolous or malicious.[FN1] A determination

15

concerning indigency must first be made, before dismissing a case as being frivolous.[FN2] It is

16

usually required that a trial court then make a determination whether the case is frivolous.[FN3]
17
18

While there is some authority that a trial court should dismiss an action that does not meet the criteria

19

for proceeding in forma pauperis, without permitting the service of process,[FN4] it has elsewhere

20

been held that the court may not summarily refuse a forma pauperis filing merely because the

21

complaint appears lacking in merit, but may only dismiss the case on the same basis as an action for

22

which fees have been paid.[FN5] In accordance with certain statutes, dismissal of an action upon
23
24

denial of the application to proceed in forma pauperis is improper, but the plaintiff has a specified

25

time to proceed upon payment of fees and costs.[FN6] This effectively extends the time to pay the

26

fees,[FN7] but if the plaintiff does not do so, the filing has no effect.[FN8] Other statutes do not

27

require that a court afford a plaintiff the opportunity to pay the requisite filing fee before dismissing

28

- 32 IFP Support

V2.43

the complaint.[FN9] A court clerk may be authorized to make the initial determination on an

application for leave to proceed in forma pauperis.[FN10] However, if the pleading does not appear

to meet a statutory or constitutional exception to a filing fee requirement, the clerk must submit the

motion to a judge. [FN11] The clerk may not reject a complaint accompanied by an affidavit for
5
6

leave to proceed in forma pauperis, without giving the plaintiff an opportunity to respond.[FN12] The

determination whether to allow a litigant to proceed in forma pauperis is generally in the court's

discretion.[FN13] The court should consider all relevant circumstances,[FN14] ...

It is not entirely clear how NRCP 5(e), WDCR 10(11), and NEFR 15 as a whole do not

10

contradict each other.

11
12
13
14
15
16
17
18
19
20
21

NEFR Rule 15 indicates: System or user filing errors.

(a) Failure of electronic filing or service. When electronic filing does not occur due to technical
problems, the court clerk may correct the problem. Technical problems include:
(1) An error in the transmission of the document to the electronic filing system or served
party that was unknown to the sending party;
(2) A failure to process the electronic document when received by the electronic filing
system;
(3) Erroneous exclusion of a party from the service list; or
(4) Other technical problem experienced by the filer with the electronic filing system.
(b) Time of filing of delayed transmission. Unless the technical failure prevents timely filing or
affects jurisdiction, the court must deem a filing received on the day when the filer can satisfactorily
demonstrate that he or she attempted to file or serve the document. The time for response is
calculated from the time the document is correctly transmitted. When the technical failure prevents
timely filing or affects jurisdiction, the issue shall come before the court upon notice and opportunity
to be heard. The court may upon satisfactory proof enter an order permitting the document to be filed
as of the date and time it was first attempted to be sent electronically.

22

Plaintiff encountered a filing office refusal to file the complaint and IFP Plaintiff attempted to
23
24

file, as well as the Complaint alone wherein Plaintiff stated that Plaintiff would pay the filing fee and

25

that Plaintiff needed to secure a filing date that day. It is Plaintiff's contention that the clerks refusal

26

to let Plaintiff file Plaintiff's Complaint, even where Plaintiff stated Plaintiff would pay the filing fee

27

and avoid the problems associated with submitting an IFP MAY HAVE RESULTED IN A

28

- 33 IFP Support

V2.44

STATUTE OF LIMITATIONS FILING DEADLINE BEING MISSED, THEREBY

INAPPROPRIATELY PREVENTING Plaintiff FROM SEEKING REDRESS IN COURT.ff has

complained to Court Administration in writing and has yet to receive any response at all. Further,

even in discussions with Filing Office Managers the identity of the refusing clerk has yet to be
5
6

ascertained, nor has it been made clear to Plaintiff that this clerk has been made aware of cases like

Whitman or Sullivan.

Further, filing clerk Mia's refusal to file Plaintiff's IFP is seemingly at odds with NEFR 5:
Nevada Electronic Filing Rule (NEFR) Rule 5. "Electronic filing system requirements. Any system
for the electronic submission of documents adopted by a district, justice or municipal court must
conform to the following minimum requirements:... (h) Electronic acceptance of payments. A court
may establish a means to accept payments of fees, fines, surcharges, and other financial obligations
electronically, including the processing of applications to waive fees. Any such system developed
must include auditing controls consistent with generally accepted accounting principles and comply
with any AOC technical standards that may be adopted."
Also, NEFR 10(b) holds that:

9
10
11
12
13
14
15
16

"Rule 10. Payment of filing fees.b) Waiver of fees. Anyone entitled to waiver of nonelectronic
filing fees will not be charged electronic filing fees. The court or clerk shall establish an application
and waiver process consistent with the application and waiver process used with respect to
nonelectronic filing and filing fees."
Rule 11. Signatures.

17
18

(a) Deemed signed. Every document electronically filed or served shall be deemed to be signed

19

by the registered user submitting the document. Each document must bear that persons name,

20

mailing address, telephone number, and bar number if applicable. Where a statute or court rule

21

requires a signature at a particular location on a form, the persons typewritten name shall be inserted.

22

Otherwise, a facsimile, typographical, or digital signature is not required.

23
24
25

(b) Documents under penalty of perjury or requiring signature of notary public.

26
27
28

- 34 IFP Support

V2.45

1
2
3

(1) Documents required by law to include a signature under penalty of perjury, or the
signature of a notary public, may be submitted electronically, provided that the declarant or notary
public has signed a printed form of the document. The printed document bearing the original

signatures must be scanned and electronically submitted for filing in a format that accurately
5
6

reproduces the original signatures and contents of the document.

7
8
9

(2) By electronically filing the document, the electronic filer verifies that the signatures are
authentic.

10
11
12
13
14
15

NEFR Rule 14. Access to electronic documents; confidential information. A court may provide
electronic access to registered users who are not parties or attorneys on a case. Plaintiff asks that

16

this Court grant Plaintiff such access to electronic records on cases he is not a party to in accord with
17
18
19
20
21
22
23
24
25
26

NEFR 14 and to avoid the excessive charges levied by the WCLL and Filing Office.
Moreover, contrary to NRCP 5 provides that
SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS(e) Filing With the Court
Defined. The filing of pleadings and other papers with the court as required by these rules shall be
made by filing them with the clerk of the court, except that the judge may permit the papers to be
filed with the judge, in which event the judge shall note thereon the filing date and forthwith transmit
them to the office of the clerk. A court may by local rule permit papers to be filed, signed or verified
by electronic means that are consistent with technical standards, if any, that the Judicial Conference
of the United States establishes. A paper signed by electronic means in compliance with the local rule
constitutes a written paper presented for the purpose of applying these rules. The clerk shall not
refuse to accept for filing any paper presented for that purpose solely because it is not presented in
proper form as required by these rules or any local rules or practices.
[As amended; effective January 1, 2005.]"

27
28

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V2.46

1
2
3

In fact, during a discussion Plaintiff had with filing clerk Mia,following the yet to be named
clerk's refusal to accept Plaintiff's documents, in front Filing Office Supervisor Michelle Purdy, Mia
attested to know why Plaintiff's filing was refused in front of Julie Wise and the yet to be name clerk

who refused Plaintiff's filings. Mia indicated, amongst other things, that she understood that there
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was a "problem with his affirmations pages" to Purdy. However, the clerk Plaintiff encountered at

that time did not open a single page off the stacks of documents Plaintiff was attempting to file, so it

bears clarifying how it is clerk Mia knew there to be a "problem with his affirmations pages.

Further, affirmation pages are not a total necessity, as a simple statement at the conclusion of a

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pleading will suffice pursuant to the rules.

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And in another email from filing clerk "Mia", who provides only a first name like a

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representative Plaintiff might talk to on the phone from T-Mobile, yet who is apparently deciding

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whether or not Plaintiff can secure a filing date and avoid the running of a statute of limitations:

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"Subject: Your electronic filing, Re: Filing ID 1102535...Reason(s) for rejection: This is being

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rejected for the following: 1) An IFP for this case has already been filed as of 6/27/11, you cannot re17
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submit a new one. 2) You cannot E-FILE an IFP. It needs to be paper filed. 3) When e-filing

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documents, they must come in separately. and 4) Your exhibits in your complaint need to be scanned

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separately (with there (sic) cover sheet) and sent over as continuations to your PDF document. - Mia

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328-3148.

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An after another attempt to file an IFP, Plaintiff's submission was again rejected by a filing
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office clerk, who wrote Plaintiff on June 28 th , 2011, explaining that Reason(s) for rejection: Please

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file the motion to proceed in forma pauperis in paper form, also the complaint is due at that time -

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Andrew @ 328-3115. Plaintiff inquired in writing with the Filing Office as to why his filing was

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rejected despite NEFR requiring, and the drop down menus within eFlex containing an entry for an

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V2.47

"In Forma Pauperis" Motion. Plaintiff has received nary a response from anyone with Court

Administration or the Filing Office related to the various issues he has written to them about,

including the important issue of obtaining a copy of the Court Order wherein a Second Judicial

District Court Judge has banned, apparently, cameras or copying equipment of any sort from the
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entire premise that is the Second Judicial District Courthouse.

Plaintiff incurs expenses when going to the Washoe County Law Library that Plaintiff's be
unnecessary and inappropriate. Plaintiff, and the public at large, is not allowed to take a photograph,
make a reproduction, download, or otherwise make any copy of the documents supposedly freely

10

available in the public record and accessible within the WCLL via two computers, apparently
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equipped with CourtConnect and an electronic database of many, and from about 2002 on,

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pleadings filed in the public record. However, the only way a member of the public can obtain a

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copy of a page out of one of these documents in the public record is to destroy any right to research

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privately they may hold and inform library staff or filing office personnel of the exact case and pages

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they wish to obtain a copy of. Then, a member of the public must pay the astonishing sum of $1.00 a
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page. Plaintiff was made aware of the fact that member's of the public were not allowed to take a

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photograph of a page in the public record displayed on these two WCLL computers, nor was he or

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anyone else allowed to scan such a page, download it, or otherwise obtain a copy of it, apparently,

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without paying the library $1.00 per page. Federal rules prohibit the EEOC from charging more than

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$0.15 per page and various discovery rules in state and federal court would prevent parties from
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charging each other such an unconscionable sum as the $1.00 a page the Second Judicial District

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Court currently charges the public for the privilege of obtaining a page out of the public record.

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While Court Administration apparently assert that this charge is to offset the costs of reproducing

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these materials, they, in conjunction with the Washoe County Sheriff's Office then assert that

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V2.48

members of the public are not allowed to relieve the Court Administration of such reproduction costs

by, say, taking a photograph on their own cell phones or cameras of a page in the public record, or

even of a page in a Pacific Reporter. Apparently, this yet unseen Court Order banning all

photographic and video equipment, and perhaps audio equipment as well (and a copy of this Court
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Order has repeatedly been requested from both the Sheriff's Lieutenant at the Courthouse and Clerk

of Court Howard Conyers, yet no copy or indication of where one could be found, or any response at

all really, has materialized). Indeed, a Sheriff's Lieutenant was absolutely sure of what this alleged

Court Order forbid, however, he was incapable of accessing a copy of it and had no idea where he

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or anyone else might be able to find one. Perhaps dubbing this filing a FOIA request would help in
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gathering a copy of this Court Order which would apparently encroach upon the long held notion

13

that, while Judges traditionally enjoy the right to limit media access and or AV equipment in their

14

courtrooms, the rest of the courthouse is a public place wherein members of the public ought be

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accorded the right to bring and utilize their smartphones, or whatever the case may be, without

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having 6-7 armed Sheriff's Deputies, themselves videoing and making an audio recording of an
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encounter with Plaintiff in the WCLL informing Plaintiff that he could not take a picture of anything,

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anywhere in the courthouse, including, a page in a book or a page in the public record on the two

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WCLL computers devoted to displaying such documents. When inquiring as to why the four to five

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library staff working at that time (and, while library hours seem to be cut more and more, it has never

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been quite clear why so many members of the library staff need to work at the same time, such that
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the library is now closed entirely on the weekends, and barely open 40 hours during the week) did not

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just inform Plaintiff themselves regarding this apparent restriction against obtaining a copy of

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anything in the public record by means other than paying the astronomical sum of $1.00 per page

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currently charged by the Second Judicial District Court, Sherrif's Deputies informed Plaintiff to shut

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V2.49

up and that this is not a two way conversation, you are to listen to Plaintiff and not talk, got it and

that Plaintiff was asking bad questions and that Plaintiff was just being a troublemaker and that the

Sheriff's Deputies didn't like it at all, all why having tazers, firearms, walkie-talkies, $100,000 a

year salaries, accusing Plaintiff of lying, making broad-based inappropriate accusations given the
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context of the discussion, and generally behaving in a police-state authoritarian manner which

disgraces the many men and women who have died making this country a free one.

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Further, that same day while attempting to do some cost effective legal research, and
hopefully, ascend from his current In Forma Pauperis applicant status, Plaintiff was harrassed by

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members of the WCLL staff, foremost amongst them being law librarian Myndi Clive, who despite
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working during a time when our country faced economic disasters not seen since the Great

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Depression, still received her $5,000 raise in 2009, chose to accost Plaintiff whilst he was

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performing legal research on Westlaw and rudely inform Plaintiff in a hostile and accustatory tone

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Ms. Clive's interpretation of the subscription contract Washoe County entered into with Westlaw.

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Plaintiff was provided a copy of this Westlaw subscription and pointed out the WCLL staff
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and Court Adminstration the following provisions: 2. License.

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(a) Grant. Subscriber is granted a non-exclusive, non-transferable, limited license to

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access Westlaw and the CD-ROM Library(ies) to which Subscriber subscribes. Such

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license includes the right to access data made available through Westlaw (Westlaw Data)

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and data contained in the CD-ROM Library(ies) (CD-ROM Data, collectively Data which

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includes Downloaded Data as defined below). Subscriber may use the Data internally

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solely in the regular course of legal and other research and related work. Except as

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otherwise provided, the license includes the right to download and temporarily store

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insubstantial portions of Data (Downloaded Data) to a storage device under Subscribers

exclusive control solely (i) to display internally such Downloaded Data and (ii) to quote and
excerpt such Downloaded Data (appropriately cited and credited) by electronic cutting and

- 39 IFP Support

V2.50

pasting or other means in memoranda, briefs and similar work product created by

Subscriber in the regular course of its research and work. Subscriber may also create

printouts of Data for internal use and for distribution to third parties for purposes that are

consistent with the terms and conditions of this Agreement if such third parties agree not to

further distribute the printouts.

(b) Limitations. Subscriber may not copy, download, scrape, store, publish,

transmit, retransmit, transfer, distribute, disseminate, broadcast, circulate, sell, resell or

otherwise use the Data or any portion of the Data, in any form or by any means, except (i)

as expressly permitted by this Agreement, (ii) with Wests prior written permission, or (iii) if

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not otherwise expressly prohibited by this Agreement or by the Additional Terms (as

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defined below), as allowed under the fair use provision of the Copyright Act (17 U.S.C.A.

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107). Downloaded Data shall not be stored or used in an archival database or other

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searchable database except as expressly permitted by this Agreement or as quoted in

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Subscribers work product. Subscriber shall not sell, license, sublicense or distribute Data

15

(including printouts or Downloaded Data) to third parties or use Data as a component of or

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as a basis for any material offered for sale, license or distribution.

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(c)Westlaw. Westlaw consists of various West-owned...3. West Proprietary Data. West grants a non-exclusive, non-

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transferable, limited license to

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individual users within Subscriber entities to store and use West-proprietary Downloaded Westlaw

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Data and CD-ROM Data (i.e., documents not licensed by West from third parties) in a searchable

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database maintained in connection with an ongoing project of the user (Project Database). Such

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database must consist preponderantly of users work product with access limited to those internal

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users actively working on the project. The West-proprietary Downloaded Data may be maintained

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in the Project Database so long as the project remains active or until any termination of this

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Agreement, whichever occurs first. Retention of Downloaded Data in a Project Database after the

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project ends, in an archival database as used as a research tool or in a database accessible to

external users is prohibited. West further grants to Subscriber a limited, non-exclusive, nontransferable
license to include West-proprietary Downloaded Data in briefs prepared for a specific

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V2.51

cause of action for a specific court in an electronic format. Distribution or dissemination of such

West-proprietary Downloaded Data in connection with or as part of a brief is limited to the court

before which the cause of action is to be heard, the parties to the cause of action, or their

representatives. Any further distribution is prohibited without written permission of West. Westproprietary

Downloaded Data included in such briefs must retain West copyright notices and

indicate that use of, distribution and dissemination to the permitted parties is with the permission of

West....:

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So, arguably, this Subscription Agreement is actually allowing what the WCLL purports that
is prohibits, whilst prohibiting the WCLL from doing that which it is doing, ie, charging patrons for
printouts. It may be instructive to note that no other law library Plaintiff has ever visited has so

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sought to make a Luddite out of its patrons in quite the way the WCLL does, indeed, the Nevada
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Supreme Court law library manages to allow the use of flash drives, even to save electronic copies of

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one's Westlaw research, without the whole operation going down in flames. So, to clarify, yes,

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downloading, making electronic copies, using Wordpad or Notepad or anything of utility at all really

16

is actually allowed and encourage at, say, the law library in Carson City, whereas the WCLL, while

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staff by some dedicated and nice people, has some rather more restrictive policies in place. Perhaps,
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it is the fact that the WCLL was actually once the home to a jail that makes the place feel so much

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like one. Ms. Clive has long harangued Plaintiff with respect to her contention that members of the

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public are forbidden from downloading or emailing or otherwise making any electronic copies of

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materials gathered of Westlaw. Why Ms. Clive felt the need to angrily confront a library patron such

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as Plaintiff and gleefully lecture Plaintiff in this regard is not entirely clear considering library staff
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seemingly previously made efforts to adorn the electronic research room in the WCLL with no less

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than 8 signs informing all who attempted to enjoy the fruits of their tax dollars therein of the WCLL

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position that it was prevented from allowing any copying, downloading, or emailing of Westlaw or

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Lexis materials in light of the contracts with Westlaw and Lexis. Plaintiff previously asked for an
- 41 IFP Support

V2.52

obtained copies of these contracts and pointed out to WCLL personnel the apparent fact that the

contracts stated the exact opposite of the positions asserted by WCLL personnel. WCLL personnel

persisted in angrily accusing and confronting Plaintiff and just generally treating Plaintiff and other

members of the public as though they were uninvited guests who had happened to walk into Ms.
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Clive's private bedroom in her own home after the close of business hours, rather than into a public

law library funded, in one way or another, by taxes and fees levied upon members of the public in

Washoe County. Ms. Clive however disputed the assertion that the public had anything to do with

the funds used to purchase a Westlaw subscription, pay her salary, operate the library, though she did

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not offer any insight into where such monies may have materialized from otherwise.
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A thorough review of the document which apparently memorializes the agreement between

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Washoe County and Westlaw yields some troubling inconsistencies with respect to the assertions

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made by the WCLL when viewed along with the Westlaw subscriber agreement. Plaintiff is

15

particularly troubled by this given the fact that he has been forced to pay the WCLL money for such

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materials and spend many work hours converting into a useful form such materials in an amounts in
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excess of $10,000. Recently retired law librarian Sandra Marz collected over $160,000 in salary and

19

benefits from Washoe County in her last year on the job. One might expect that with such high

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priced talent the WCLL would not purchase competing subscriptions from both Lexis and Westlaw

21

that offer access to the same databases. For instance, WCLL apparently subscribes to a databases

22

containign all Nevada cases from BOTH Westlaw and Lexis. While these entities may have rigged
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things, similar to the cable company, whereby one is forced to pay for a base subscription to a bunch

25

of channels they will never watch before one can select individually some special collection of

26

stations, it would be beneficial, if at all possible, for the WCLL to refrain from these duplicate

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database subcriptions and instead include databases such as nv-forms, nv-pleadings, or nv-filings

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V2.53

within the respective subscriber agreements with either Westlaw or Lexis, instead of paying twice for

redundant nv-cases databases on both Lexis and Westlaw.

Meanwhile, back at the Filing Office, Plaintiff had many discussion with Filing Office Clerks

and Managers. In some of these discussions, individuals who had apparently been working in the
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filing office for over a decade and whom were compensated well enough to go out to lunch with a

group of fellows co-workers every single day and have a waiter come and take their order and deliver

them their entrees, and presumably drinks and appetizers, pay the bill and tip the waiter, expressed a

complete and utter lack of awareness with regard to the rulings in cases like Whitman and Sullivan.

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(http://www.kolotv.com/home/headlines/The_Siena_Closure_is_Felt_Downtown_105576458.html)
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Meanwhile, Plaintiff and a majority of the members of the public in Washoe County would be

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brown-baggin' it for lunch as going to a restaurant was more of a treat for a special occasion, rather

14

than a daily ritual, considering the costs associated with dining out. How one can run things in the

15

filing office for years, collect a very healthy salary and generous pension, and not have any idea

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rulings like those found in Whitman and Sullivan exist is, frankly, breathtaking, but not as much as
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the fact that clerks who rudely refuse to countenance attempts at filing in any way, but rather call in

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stormtroopers to shut out any voices of dissent, do not seem to later receive any sort of reprimand or

20

re-education regarding the vital role they play in the Access To Justice play. See, Sullivan v. Eighth

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Judicial Dist. Court In and For County of Clark, 904 P.2d 1039, 111 Nev. 1367 (Nev., 1995):

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This proper person petition for a writ of mandamus seeks an order from this court directing the
Eighth Judicial District Court to file petitioner's application to proceed in forma pauperis and his civil
complaint. 1 On July 25, 1995, we ordered the state to file an answer to this petition. The state's
answer was filed on August 11, 1995. 2
Documentation submitted by petitioner to this court establishes that petitioner submitted to the
clerk of the district court for filing an application to proceed in forma pauperis and a civil complaint
on May 15, 1995. Although the application for leave to proceed in forma pauperis was in proper form
and was sworn to under penalty of perjury, the clerk of the district court did not file that application.
3 The failure to file the application was in violation of the clear statutory mandate that such an
application be filed. NRS 12.015(1) provides that "[a]ny person ... may file an affidavit [seeking
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V2.54

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leave to proceed without payment of fees]." Further, we have repeatedly instructed the clerk of the
Eighth Judicial District Court that such documents must be filed. See Bowman v. District Court, 102
Nev. 474, 728 P.2d 433 (1986) (clerk has a ministerial duty to accept and file documents if those
documents are in proper form; clerk must not exercise any judicial discretion); Barnes v.
District Court, 103 Nev. 679, 748 P.2d 483 (1987) (prisoner's right of access to court cannot be
denied on basis of indigency); Huebner v. State, 107 Nev. 328, 810 P.2d 1209 (1991) (clerk must
create an accurate record of all pleadings submitted for filing, whether or not the documents are
actually filed); Whitman v. Whitman, 108 Nev. 949, 840 P.2d 1232 (1992) (clerk has no authority to
return documents submitted for filing; instead, clerk must stamp documents that cannot be
immediately filed "received," and must maintain such documents in the record of the case); Donoho
v. District Court, 108 Nev. 1027, 842 P.2d 731 (1992) (the clerk of the district court has a duty to file
documents and to keep an accurate record of the proceedings before the court); Grey v. Grey, 111
Nev. 388, 892 P.2d 595 (1995) (clerk of district court admonished for failure to keep accurate record
of documents submitted for filing).
Petitioner alleges that the district court has refused to file his application and has returned it with
directions to provide more information regarding employment. Indeed, petitioner has attached to his
petition for a writ in this court his original application as it was returned to him. Attached to the top
of the document is a "post-it" note with the handwritten notation: "application denied incomplete
info-employment currently." 4 The state informs us that the note was written by "the chief judge."
In addition, petitioner alleges, and the allegation is apparently true, that along with his "denied"
application for leave to proceed in forma pauperis, his civil complaint was returned to him unfiled.
Finally, petitioner alleges, and has attached documentation to support the allegation, that judges' law
clerks often return to prisoners unfiled motions along with letters purporting to rule on the legal
sufficiency of those motions. 5
The state argues in its answer to this petition that "petitioner's application ... was denied on the
basis that the address of the Petitioner which was later given to the Court by Petitioner ... did not
appear to be a jail and that such information was contrary to the information shown in the application
which stated that the Petitioner was in prison. The 'out of jail' address suggested an ability of the
Petitioner to be employed."
This vague reference to an "out of jail" address is not explained in the documents before this
court. Nevertheless, the state's assertion that petitioner's application was denied is incorrect. The
handwritten notation on petitioner's unfiled application clearly does not constitute a proper judicial
disposition of that application.
Further, the action of the clerk of the district court in returning petitioner's application and civil
complaint to him unfiled is in direct violation of this court's instructions to the clerk of the district
court in Whitman v. Whitman, 108 Nev. 949, 840 P.2d 1232 (1992). This court has several times
confirmed the absolute obligation of the district courts to file documents submitted to them and to
preserve the right of citizens to access to the courts, whether indigent or not. Barnes v. District Court,
103 Nev. 679, 748 P.2d 483 (1987); Huebner v. State, 107 Nev. 328, 810 P.2d 1209 (1991). Indeed,
in Donoho v. District Court, 108 Nev. 1027, 842 P.2d 731 (1992), a case directly analogous to this
case, we held that the clerk of the district court violated the rights of an indigent party when she
neglected to file a motion for leave to proceed in forma pauperis and a motion
for relief from a default judgment. Specifically, we stated: "[T]he clerk [of the district court] had an
absolute duty to file the motion for leave to proceed in forma pauperis and to clearly stamp the date
of receipt of the other documents on the documents. Further, the clerk had a duty to keep an accurate

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V2.55

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record of the case pending before the district court." Id. at 1029, 842 P.2d at 733 (citation omitted;
emphasis added).
Thus, petitioner's application for leave to proceed in forma pauperis must be filed. If, on
subsequent review of the application, the district court determines that petitioner has not shown he is
indigent, the district court may order petitioner to provide further information or may deny the
application in an appropriately filed written order. If, on the other hand, the district court grants the
application, the district court must then proceed to require the filing of petitioner's other documents
and to consider them in due course. Donoho, 108 Nev. at 1030, 842 P.2d at 733. Of course, for statute
of limitations purposes, the complaint would have to be considered filed on the date of actual receipt
by the clerk of the district court.
To continue the analysis, with respect to petitioner's civil complaint which he is attempting to
file concurrently, the district court clerk had an absolute obligation to stamp the document "received"
and to record the date on which the document was in fact received at the courthouse. See Huebner v.
State, 107 Nev. 328, 810 P.2d 1209 (1991). This the clerk of the district court did. However, the clerk
then had a duty to maintain a copy of the received document in the record of the case, whether or not
the document is ever filed. Whitman v. Whitman, 108 Nev. 949, 840 P.2d 1232 (1992). This, the
clerk neglected to do.
While Huebner dealt with the timeliness of a notice of appeal, the rationale compelling this
court's ruling in Huebner, that all documents must be marked received and dated, applies with equal
force to a party's submission of a complaint. "The legal rights of the parties to litigation, whether
acting in proper person or through counsel, often turn on the date of receipt by the clerk of the district
court of documents and pleadings." Huebner, 107 Nev. at 330, 810 P.2d at 1211. As with a notice of
appeal, the untimely filing of a complaint may prevent the court from hearing the matter on its merits.
It is the responsibility of the clerk of the district court to keep an accurate record of all documents
submitted to her, whether or not they are filed. As in Huebner, ambiguities regarding when
documents were received or filed must ultimately be resolved in favor of the party submitting them.
Id. at 332, 810 P.2d at 1212.
The issue presently before this court is not whether petitioner's motion for leave to proceed in
forma pauperis is sufficient to establish petitioner's indigence. Further, we are not now concerned
with the merits of petitioner's civil complaint. We are vitally concerned, however, with the
preservation of the constitutional right of access to the courts and with the protection of the
constitutional right to due process of law.
A writ of mandamus is available to compel the performance of an act which the law requires as
a duty resulting from an office, trust or station. NRS 34.160. The clerk of the district court has an
absolute duty to file petitioner's application and to properly receive and keep a record of petitioner's
complaint. Accordingly, we grant this petition for a writ of mandamus. 6 The clerk of this court shall
serve a copy of petitioner's application and complaint on the clerk of the
district court forthwith. The clerk of this court shall also issue a writ of mandamus compelling the
clerk of the district court to file petitioner's application, and to receive petitioner's complaint. These
documents will be considered to have been filed and received on May 15, 1995.

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1 Petitioner also seeks a writ of prohibition enjoining the district court, the clerk of the district court
and her employees from denying prisoners access to the courts in the future. We deny petitioner's
request for a writ of prohibition.

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V2.56

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2 Cause appearing, we grant petitioner's proper person request for leave to file a reply to the state's
answer. The clerk of this court shall file the reply, entitled "petitioner's reply to petition for writs of
mandamus and prohibition," which was received by this court on August 21, 1995.
3 Although the document was entitled "application" rather than "affidavit," it was sworn to under
penalties of perjury, provided information concerning petitioner's financial condition and clearly
sought a judicial ruling regarding the question of whether petitioner would be allowed to proceed
with a civil action without the payment of fees. Thus, any deviation as to form was not significant
enough to justify the clerk's failure to file the document. The clerk of the court has no discretion to
make any judicial ruling regarding the legal sufficiency of a document. When a document in proper
form is submitted to the clerk, the clerk has a ministerial duty to file that document.
4 We note that petitioner is presently an inmate at the Nevada State Prison, and that his affidavit filed
in this court in support of this petition states that he is currently unemployed and has no prison job.
He also avers that his only asset is $6.57 in his prison account.
5 One such letter from a law clerk to an inmate states:
"Attached please find your Motions to Proceed in Forma Pauperis which you recently submitted.
NRS 12.015 requires an indigent litigant to set forth 'with particularity facts concerning his income,
property, and other resources ...' Your application to proceed sets forth this information very
generally."
"Please resubmit the Motion with a more particular statement regarding your finances and any
property you own...."
Although this letter does not directly deny the motion, it clearly has the effect of denying the motion
without filing. Of course, like the clerk of the district court, a judge's law clerk lacks judicial
authority.
6 The state represents that "the District Court will file the Petitioner's complaint upon submittal by
the petitioner." This statement was based on the state's view that we determined in our Order to Show
Cause that petitioner should be allowed to proceed in forma pauperis. We, however, express no
opinion regarding the merits of petitioner's application or complaint. We merely determine that the
application should have been filed and judicially resolved, and the complaint should have been
properly received. We note that petitioner has sent the original documents to this court, and thus may
not be in a position to resubmit them. Also, for statute of limitations purposes, the documents must be
considered filed as of the date of original receipt. Thus, we have determined that this petition must be
granted.

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Another very important and instructive case is Whitman v. Whitman, 108 Nev. 949, 840 P.2d 1232

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(Nev., 1992):
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On rehearing, appellant has submitted documents that conclusively demonstrate that appellant
submitted a timely notice of appeal to the clerk of the district court. Although the clerk of the district
court stamped the notice of appeal "received" on December 30, 1991, the clerk did not file the notice
of appeal. Instead, the clerk of the district court returned appellant's notice of appeal to appellant
because it was not accompanied by a filing fee and, although the notice was accompanied by a
motion for leave to proceed on appeal in forma pauperis, appellant's affidavit in support of that
motion was apparently not signed. Consequently, there is no record of the submission of appellant's
timely notice of appeal. We note that the clerk of the district court filed appellant's motion for leave
- 46 IFP Support

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to proceed on appeal in forma pauperis on the date of receipt, December 30, 1991, and that the
district court eventually granted that motion.
We have previously stated that "it is extremely important that the clerk of the district court keep
an accurate record of the date of receipt of every document submitted to the clerk, regardless of
whether the document is in the appropriate form. Indeed, it is a gross dereliction of duty for the clerk
of the district court to neglect this ministerial duty." Huebner v. State, 107 Nev. 328, 330, 810 P.2d
1209, 1211 (1991) (footnote omitted). In this case, the clerk of the district court has failed to keep any
record of the date of receipt of appellant's notice of appeal; instead, the clerk stamped the document
"received" and returned it to appellant. The clerk of the district court had no authority to take such
action.
Although the clerk of the district court had no duty to file appellant's notice of appeal before
appellant paid the requisite filing fee or was relieved of the duty to pay the filing fee by order of the
district court, see NRS 19.013(2), the clerk had a duty to receive the document and to keep an
accurate record of the case pending before the district court. Particularly in this case it was essential
that the notice of appeal be retained in the record, because we have held that a notice of appeal is
effective on the date of receipt by the district court clerk. See Huebner v. State, [108 Nev. 952] 107
Nev. 328, 810 P.2d 1209 (1991). Rather than returning the notice of appeal to appellant, the clerk of
the district court should have retained the notice of appeal in the record, and should have informed
appellant by letter of any perceived deficiencies in the document. 4 Appellant could then have taken
whatever action was appropriate to pursue his appeal.
In light of the foregoing, we conclude that appellant timely submitted to the clerk of the district
court a notice of appeal from an appealable order of the district court, and that appellant's timely
notice of appeal is not contained in the record due to the inappropriate action of the district court
clerk. Accordingly, we grant appellant's petition for rehearing, and we proceed to address the merits
of this appeal. Id. At 1232-1234. See, also, Barnes v. Eighth Judicial Dist. Court of State of Nev.,
In and For Clark County, 748 P.2d 483, 103 Nev. 679 (Nev., 1987).
Plaintiff can appreciate that having filers and electronic filers follow specific practices may
aid in the orderly administration of justice and conservation of judicial resources. However, it appears

19

to be the Filing Office's stance that the eFlex User Guide, or perhaps something codified elsewhere,
20
21

allows the clerks of the Second Judicial District Court to ignore NRCP 5(e) and make it such that

22

something as vital as avoiding a statute of limitations expiration and securing a filing date should

23

come down to whether the clerk at the filing office views, say, the distance between the two holes

24

punched on one's papers to be outside the acceptable range? Or, that NRCP 5(e), can be ignored

25

because an attorney submitted a singular pdf that contained two exhibits within it in addition to the
26
27

pleading itself? One wonders whether these form requirements are legal requirements the violation of

28

- 47 IFP Support

V2.58

which can cost someone the ability to secure a filing deadline, or whether they are merely preferences

of the clerks that would make their jobs go more smoothly. A lot can be riding on the answer to that.

However, should one attempt to engage in a discussion concerning these important matters

with a filing office clerk, such as the one who refused to file or mark as received the In Forma
5
6

Pauperis Motion or wrongful termination Complaint (for which the 90 day statutory filing deadline

may have been concluding that very day that the clerk refused to accept Plaintiff's filing) one may be

treated as Plaintiff was. This filing office clerk, after calling in Assistant Clerk of Court Julie Wise,

J.D., went an retrieved another armed Sheriff's Deputy to tell Plaintiff to shut up and quit bothering

10

the clerk while Assistant Clerk of Court Wise informed Plaintiff that she did not feel the need to
11
12

review the situation or Plaintiff's concerns any further as Ms. Wise trusted her clerks conclusions.

13

Apparently Ms. Wise is unaware of the Sullivan and Whitman cases as well. Plaintiff feels, for a

14

variety of reasons, that this filing deadline day incident involving the Filing Office, caused him

15

damages in an amount in excess of $10,000.

16

Other communications between Plaintiff and the Filing Office occurred. The "Online Help"
17
18
19
20
21
22
23
24

section of the eFlex site indicates that:

"eFiling a new case: The first button on the Home page links you to the process to efile a New
Cases. You can also get to the process through the menu eFile. Following is a description of what
might occur. Prior to starting this process you will have prepared your documents.You select the
option on the home page to create a New Case and you answer the questions in a series of screens
about court and case type information. One screen there are two buttons to add party information.
The first adds party information of the people you represent. The second button adds all other parties.
This will present the 'Add Party' screen. Continue adding parties until you have added all the parties
on the case. Remember to fill out all the fields you have and not just the required fields. "
However, the "User Guide" indicates, on page 11 of 43, under Section 4 "Adding a New

25

Case" that:
26
27

"Note: Add only the first plaintiff listed in the case caption on the initiating document. The Filing
Office will add all remaining parties and attorneys in Clerk Review."

28

- 48 IFP Support

V2.59

1
2
3

So, the "Online Help" say to add ALL the parties, or that you may, and the "User Guide" says
to "add only the first plaintiff listed". Filing Office Clerk "Mia" sent Plaintiff an email one day in late
June 2011, wherein she said she was denying or "kicking back out" Plaintiff's filing, and refusing to

give a filing date even where Plaintiff really, really needed one to avoid the running of a statute of
5
6

limitations deadline, because of something like, the exhibits not being added as separate pdfs to the

eFlex system, but rather included in one PDF with the complaint.

8
9

Also, this document does not contain any social security number or other inappropriate
material pursuant to NRS 239B.030 and the assertions is contains are made under penalty of perjury,

10

and Plaintiff swears to that.

11
12

Dated this 8 th day of July, 2011.

13
14
15
16

/s/ Zach Coughlin

Plaintiff, Zach Coughlin
In Pro Per
121 River Rock St.
Reno, NV 89501

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18
19
20
21
22
23
24
25
26
27
28

- 49 IFP Support

V2.60

****** IMPORTANT NOTICE - READ THIS INFORMATION *****

PROOF OF SERVICE OF ELECTRONIC FILING
A filing has been submitted to the court RE:

CV11-01896

Judge:

BRENT ADAMS

Official File Stamp:

07-08-2011:23:55:11

Clerk Accepted:

07-11-2011:08:15:27

Court:

Second Judicial District Court - State of Nevada

Case Title:

ZACH COUGHLIN VS. WASHOE LEGAL

SERVICES ET AL.(D6)

Document(s) Submitted:

Supplemental ...

Filed By:

ZACHARY COUGHLIN, ESQ.

You may review this filing by clicking on the
following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.
The following people were served electronically:
The following people have not been served electronically and must be served by traditional
means (see Nevada electronic filing rules):
WASHOE LEGAL SERVICES
PROPER PERSON

V2.61

FILED

1
2
3
4

Electronically
07-21-2011:04:05:05 PM
Howard W. Conyers
Clerk of the Court
Transaction # 2361079

Document Code: 3860

Zach Coughlin
121 River Rock St.
Reno, NV 89501
Tele: 775-338-8118
Fax: no fax
ZachCoughlin@hotmail.com

5
6

Plaintiff Zach Coughlin, IN PRO PER

7
8
9

IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

IN AND FOR THE COUNTY OF WASHOE

10
11
12
13
14
15
16
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18
19
20
21
22
23
24

ZACH COUGHLIN;
)
Plaintiff,
)
vs.
)
WASHOE LEGAL SERVICES a Nevada
)
Corporation, KATHY BRECKENRIDGE,
)
Individually and in her capacity as Board
)
)
President of WLS,
TODD TORVINEN, Individually and in his
)
)
capacity as WLS Board Member,
PAUL ELCANO, Individually and in his
)
capacity as Executive Director of WLS, DOES )
)
1-100, Individually and in their capacity as
members of the BOARD OF DIRECTORS OF )
WASHOE LEGAL SERVICES, CARYN
STERNLICHT, Individually and in her
capacity at WLS attorney, JON SASSER
Individually and in his capacity at WLS agent,
KAREN SABO Individually and in her
capacity at WLS attorney, MARC ASHLEY
Individually and in his capacity at WLS
attorney, ZANDRA LOPEZ Individually and in
her capacity as WLS employee, DOES and
ROES 1-100.
Defendants.

CASE NO: CV11-01896

DEPT. NO: 6

REQUEST FOR SUBMISSION OF

MOTION AFFIDAVIT IN SUPPORT AND
APPLICATION TO PROCEED IN
FORMA PAUPERIS

25
26
27
28

- 1 REQUEST FOR SUBMISSION

V2.62

IT IS requested that the Motion to Proceed In Forma Pauperis and the subsequent Affidavit in

Support of that Motion file on June 27, 2011 and July 8, 2011, respectively, in the above titled matter,

be submitted to the Court for decision.

Also, this document does not contain any social security number or other inappropriate material
5
6

pursuant to NRS 239B.030. To the extent a notary is normally required, but would not be for the

reason that an attorney is the one making the signature, a notary should prove unnecessary here.

8
9
10

Signed on__July 21_______, 2011.

____________/S/ Zach Coughlin_______
Signature of Plaintiff, Zach Coughlin

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

- 2 REQUEST FOR SUBMISSION

V2.63

****** IMPORTANT NOTICE - READ THIS INFORMATION *****

PROOF OF SERVICE OF ELECTRONIC FILING
A filing has been submitted to the court RE:

CV11-01896

Judge:

BRENT ADAMS

Official File Stamp:

07-21-2011:16:05:05

Clerk Accepted:

07-21-2011:16:15:17

Court:

Second Judicial District Court - State of Nevada

Case Title:

ZACH COUGHLIN VS. WASHOE LEGAL

SERVICES ET AL.(D6)

Document(s) Submitted:

Request for Submission

Filed By:

ZACHARY COUGHLIN, ESQ.

You may review this filing by clicking on the
following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.
The following people were served electronically:
The following people have not been served electronically and must be served by traditional
means (see Nevada electronic filing rules):
WASHOE LEGAL SERVICES
PROPER PERSON

V2.64

FILED
Electronically
08-09-2011:05:46:06 PM
Howard W. Conyers
Clerk of the Court
Transaction # 2397771

V2.65

V2.66

V2.67

****** IMPORTANT NOTICE - READ THIS INFORMATION *****

PROOF OF SERVICE OF ELECTRONIC FILING
A filing has been submitted to the court RE:

CV11-01896

Judge:

BRENT ADAMS

Official File Stamp:

08-09-2011:17:46:06

Clerk Accepted:

08-09-2011:17:46:32

Court:

Second Judicial District Court - State of Nevada

Case Title:

ZACH COUGHLIN VS. WASHOE LEGAL

SERVICES ET AL.(D6)

Document(s) Submitted:

Ord Grant in Forma Pauperis

Filed By:

Audrey Kay
You may review this filing by clicking on the
following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.
The following people were served electronically:
The following people have not been served electronically and must be served by traditional
means (see Nevada electronic filing rules):
WASHOE LEGAL SERVICES
PROPER PERSON

V2.68

V2.69

V2.70

V2.71

V2.72

V2.73

V2.74

V2.75

V2.76

V2.77

V2.78

V2.79

V2.80

V2.81

V2.82

V2.83

V2.84

V2.85

V2.86

V2.87

V2.88

V2.89

V2.90

V2.91

V2.92

V2.93

V2.94

V2.95

V2.96

V2.97

V2.98

V2.99

V2.100

V2.101

V2.102

V2.103

V2.104

V2.105

V2.106

V2.107

V2.108

V2.109

V2.110

V2.111

V2.112

V2.113

V2.114

V2.115

V2.116

V2.117

V2.118

V2.119

V2.120

V2.121

V2.122

V2.123

V2.124

V2.125

V2.126

V2.127

V2.128

V2.129

V2.130

V2.131

V2.132

V2.133

V2.134

V2.135

V2.136

V2.137

V2.138

V2.139

V2.140

V2.141

V2.142

V2.143

V2.144

V2.145

V2.146

V2.147

V2.148

V2.149

V2.150

V2.151

V2.152

V2.153

V2.154

V2.155

V2.156

V2.157

V2.158

V2.159

V2.160

V2.161

V2.162

V2.163

V2.164

V2.165

V2.166

V2.167

V2.168

V2.169

V2.170

V2.171

V2.172

V2.173

V2.174

V2.175

V2.176

V2.177

V2.178

V2.179

V2.180

V2.181

V2.182

V2.183

V2.184

V2.185

V2.186

V2.187

V2.188

FILED
Electronically
11-15-2011:08:53:07 AM
Craig Franden
Clerk of the Court
Transaction # 2588920

V2.189

V2.190

V2.191

V2.192

V2.193

V2.194

V2.195

V2.196

FILED
Electronically
11-15-2011:08:53:07 AM
Craig Franden
Clerk of the Court
Transaction # 2588920

V2.197

V2.198

V2.199

****** IMPORTANT NOTICE - READ THIS INFORMATION *****

PROOF OF SERVICE OF ELECTRONIC FILING
A filing has been submitted to the court RE:

CV11-01896

Judge:

BRENT ADAMS

Official File Stamp:

11-15-2011:08:53:07

Clerk Accepted:

11-15-2011:09:09:22

Court:

Second Judicial District Court - State of Nevada

Case Title:

ZACH COUGHLIN VS. WASHOE LEGAL

SERVICES ET AL.(D6)

Document(s) Submitted:

Motion
- **Continuation

Filed By:

JOSEPH GARIN, ESQ.

You may review this filing by clicking on the
following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.
The following people were served electronically:
JOSEPH GARIN, ESQ. for PAUL ELCANO
The following people have not been served electronically and must be served by traditional
means (see Nevada electronic filing rules):
SHANNON NORDSTROM, ESQ
PROPER PERSON
WASHOE LEGAL SERVICES

V2.200

FILED
Electronically
11-15-2011:10:25:36 AM
Craig Franden
Clerk of the Court
Transaction # 2589539

V2.201

V2.202

V2.203

V2.204

V2.205

V2.206

V2.207

V2.208

FILED
Electronically
11-15-2011:10:25:36 AM
Craig Franden
Clerk of the Court
Transaction # 2589539

V2.209

V2.210

V2.211

FILED
Electronically
11-15-2011:10:25:36 AM
Craig Franden
Clerk of the Court
Transaction # 2589539

V2.212

V2.213

V2.214

V2.215

V2.216

V2.217

V2.218

V2.219

V2.220

V2.221

V2.222

V2.223

V2.224

V2.225

V2.226

V2.227

V2.228

V2.229

FILED
Electronically
11-15-2011:10:25:36 AM
Craig Franden
Clerk of the Court
Transaction # 2589539

EXHIBIT 2 Continued
V2.230

V2.231

V2.232

V2.233

V2.234

V2.235

V2.236

V2.237

V2.238

V2.239

V2.240

V2.241

V2.242

V2.243

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V2.245

V2.246

V2.247

V2.248

****** IMPORTANT NOTICE - READ THIS INFORMATION *****

PROOF OF SERVICE OF ELECTRONIC FILING
A filing has been submitted to the court RE:

CV11-01896

Judge:

BRENT ADAMS

Official File Stamp:

11-15-2011:10:25:36

Clerk Accepted:

11-15-2011:10:34:11

Court:

Second Judicial District Court - State of Nevada

Case Title:

ZACH COUGHLIN VS. WASHOE LEGAL

SERVICES ET AL.(D6)

Document(s) Submitted:

Motion
- **Continuation
- **Continuation
- **Continuation

Filed By:

JOSEPH GARIN, ESQ.

You may review this filing by clicking on the
following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.
The following people were served electronically:
JOSEPH GARIN, ESQ. for PAUL ELCANO
The following people have not been served electronically and must be served by traditional
means (see Nevada electronic filing rules):
SHANNON NORDSTROM, ESQ
PROPER PERSON
WASHOE LEGAL SERVICES

V2.249

FILED
Electronically
11-21-2011:04:55:57 PM
Craig Franden
Clerk of the Court
Transaction # 2603171

V2.250

V2.251

V2.252

V2.253

V2.254

V2.255

V2.256

FILED
Electronically
11-21-2011:04:55:57 PM
Craig Franden
Clerk of the Court
Transaction # 2603171

V2.257

V2.258

V2.259

FILED
Electronically
11-21-2011:04:55:57 PM
Craig Franden
Clerk of the Court
Transaction # 2603171

V2.260

V2.261

V2.262

V2.263

V2.264

****** IMPORTANT NOTICE - READ THIS INFORMATION *****

PROOF OF SERVICE OF ELECTRONIC FILING
A filing has been submitted to the court RE:

CV11-01896

Judge:

BRENT ADAMS

Official File Stamp:

11-21-2011:16:55:57

Clerk Accepted:

11-22-2011:08:59:10

Court:

Second Judicial District Court - State of Nevada

Case Title:

ZACH COUGHLIN VS. WASHOE LEGAL

SERVICES ET AL.(D6)

Document(s) Submitted:

Motion
- **Continuation
- **Continuation

Filed By:

JOSEPH GARIN, ESQ.

You may review this filing by clicking on the
following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.
The following people were served electronically:
JOSEPH GARIN, ESQ. for KAREN SABO, PAUL
ELCANO
The following people have not been served electronically and must be served by traditional
means (see Nevada electronic filing rules):
SHANNON NORDSTROM, ESQ
WASHOE LEGAL SERVICES
TODD TORVINEN
MARC ASHLEY
PROPER PERSON
JON SASSER

V2.265

PAUL ELCANO
TAHOE WOMEN'S SERVICES
COMMITTEE TO AID ABUSED WOMEN
CARYN STERNLIGHT
BOARD OF DIRECTORS OF WASHOE LEGAL
SERVICES
ZANDRA LOPEZ
KATHY BRECKENRIDGE

V2.266

****** IMPORTANT NOTICE - READ THIS INFORMATION *****

PROOF OF SERVICE OF ELECTRONIC FILING
A filing has been submitted to the court RE:

CV11-01896

Judge:

BRENT ADAMS

Official File Stamp:

11-28-2011:12:58:40

Clerk Accepted:

11-28-2011:13:12:36

Court:

Second Judicial District Court - State of Nevada

Case Title:

ZACH COUGHLIN VS. WASHOE LEGAL

SERVICES ET AL.(D6)

Document(s) Submitted:

Motion
- **Continuation
- **Continuation
- **Continuation

Filed By:

JOSEPH GARIN, ESQ.

You may review this filing by clicking on the
following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.
The following people were served electronically:
JOSEPH GARIN, ESQ. for KAREN SABO, PAUL
ELCANO, KATHY BRECKENRIDGE
The following people have not been served electronically and must be served by traditional
means (see Nevada electronic filing rules):
SHANNON NORDSTROM, ESQ
WASHOE LEGAL SERVICES
TODD TORVINEN
MARC ASHLEY
PROPER PERSON

V2.267

JON SASSER
PAUL ELCANO
TAHOE WOMEN'S SERVICES
COMMITTEE TO AID ABUSED WOMEN
CARYN STERNLIGHT
BOARD OF DIRECTORS OF WASHOE LEGAL
SERVICES
ZANDRA LOPEZ

V2.268

V2.269

V2.270

V2.271

V2.272

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V2.283

V2.284

V2.285

FILED
Electronically
11-28-2011:12:58:40 PM
Craig Franden
Clerk of the Court
Transaction # 2610607

V2.286

V2.287

V2.288

V2.289

V2.290

V2.291

V2.292

V2.293

FILED
Electronically
11-28-2011:12:58:40 PM
Craig Franden
Clerk of the Court
Transaction # 2610607

V2.294

V2.295

V2.296

FILED
Electronically
11-28-2011:12:58:40 PM
Craig Franden
Clerk of the Court
Transaction # 2610607

V2.297

V2.298

V2.299

V2.300

V2.301

V2.302

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V2.335

V2.336

V2.337

V2.338

V2.339

V2.340

V2.341

V2.342

FILED
Electronically
11-28-2011:12:58:40 PM
Craig Franden
Clerk of the Court
Transaction # 2610607

V2.343

V2.344

V2.345

V2.346

V2.347

V2.348

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V2.383

V2.384

V2.385

V2.386

V2.387

FILED
Electronically
11-29-2011:01:05:41 AM
Craig Franden
Clerk of the Court
Transaction # 2611947

$1650
Zach Coughlin, Esq.

817 N. Virginia St. #2

Reno, NV 89501
Tele: 775-338-8118
Fax: 949-667-7402
Attorney for Plaintiff Coughlin

IN THE SECOND JUDICIAL DISTRICT COURT OF THE

STATE OF NEVADA IN AND FOR
THE COUNTY OF WASHOE

ZACH COUGHLIN;
Plaintiff.

Case No:CV11-01896
Dept No: 6
NOTICE OF APPEARANCE

v.
Washoe Legal Services, et al,
Defendants.

NOTICE OF APPEARANCE
Please note that the undersigned hereby files this Notice of Appearance as
counsel of record in this matter.
DATE THIS: November 29 th , 2011,
Sincerely,

/s/ Zach Coughlin, signed electronically

Zach Coughlin, Esq.
Attorney for Plaintiff

NOTICE OF APPEARANCE

Page 1

V2.388

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.
DATED this November 29 th , 2011

/s/ Zach Coughlin

Zach Coughlin
Attorney for Plaintiff Coughlin

NOTICE OF APPEARANCE

Page 2

V2.389

****** IMPORTANT NOTICE - READ THIS INFORMATION *****

PROOF OF SERVICE OF ELECTRONIC FILING
A filing has been submitted to the court RE:

CV11-01896

Judge:

BRENT ADAMS

Official File Stamp:

11-29-2011:01:05:41

Clerk Accepted:

11-29-2011:09:21:03

Court:

Second Judicial District Court - State of Nevada

Case Title:

ZACH COUGHLIN VS. WASHOE LEGAL

SERVICES ET AL.(D6)

Document(s) Submitted:

Notice of Appearance

Filed By:

ZACHARY COUGHLIN, ESQ.

You may review this filing by clicking on the
following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.
The following people were served electronically:
BRIAN GONSALVES, ESQ for TAHOE
WOMEN'S SERVICES
JOSEPH GARIN, ESQ. for KATHY
BRECKENRIDGE, PAUL ELCANO, KAREN
SABO
ZACHARY COUGHLIN, ESQ. for ZACH
COUGHLIN
The following people have not been served electronically and must be served by traditional
means (see Nevada electronic filing rules):
PROPER PERSON
WASHOE LEGAL SERVICES
TODD TORVINEN
MARC ASHLEY

V2.390

JON SASSER
PAUL ELCANO
COMMITTEE TO AID ABUSED WOMEN
CARYN STERNLIGHT
BOARD OF DIRECTORS OF WASHOE LEGAL
SERVICES
ZANDRA LOPEZ
SHANNON NORDSTROM, ESQ

V2.391

****** IMPORTANT NOTICE - READ THIS INFORMATION *****

PROOF OF SERVICE OF ELECTRONIC FILING
A filing has been submitted to the court RE:

CV11-01896

Judge:

BRENT ADAMS

Official File Stamp:

11-30-2011:00:02:02

Clerk Accepted:

11-30-2011:08:21:25

Court:

Second Judicial District Court - State of Nevada

Case Title:

ZACH COUGHLIN VS. WASHOE LEGAL

SERVICES ET AL.(D6)

Document(s) Submitted:

Opposition to Mtn

Filed By:

ZACHARY COUGHLIN, ESQ.

You may review this filing by clicking on the
following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.
The following people were served electronically:
BRIAN GONSALVES, ESQ for TAHOE
WOMEN'S SERVICES
JOSEPH GARIN, ESQ. for KATHY
BRECKENRIDGE, PAUL ELCANO, KAREN
SABO
ZACHARY COUGHLIN, ESQ. for ZACH
COUGHLIN
The following people have not been served electronically and must be served by traditional
means (see Nevada electronic filing rules):
PROPER PERSON
WASHOE LEGAL SERVICES
TODD TORVINEN
MARC ASHLEY

V2.392

JON SASSER
PAUL ELCANO
COMMITTEE TO AID ABUSED WOMEN
CARYN STERNLIGHT
BOARD OF DIRECTORS OF WASHOE LEGAL
SERVICES
ZANDRA LOPEZ
SHANNON NORDSTROM, ESQ

V2.393

FILED
Electronically
11-30-2011:12:02:02 AM
Craig Franden
Clerk of the Court
Transaction # 2614886

$2645
Zach Coughlin, Esq.

817 N. Virginia St. #2

Reno, NV 89501
Tele: 775-338-8118
Fax: 949-667-7402
ZachCoughlin@hotmail.com
Attorney for Plaintiff Coughlin
IN THE SECOND JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR
THE COUNTY OF WASHOE

ZACH COUGHLIN;
Plaintiff.
v.
Washoe Legal Services, et al,
Defendants.

Case No:CV11-01896
Dept No: 6
OPPOSITION TO
DEFENDANT'S TORVINEN
AND ELCANO'S MOTIONS TO
DISMISS

Plaintiff Coughlin HEREBY SUBMITS THIS OPPOSITION TO

DEFENDANT'S (WLS, ELCANO, AND TORVINEN, ALL BOTH IN THEIR
PERSONAL AND PROFESSIONAL CAPACITIES OR AS BOARD MEMBERS
OR DIRECTORS OF WLS) MOTION TO DISMISS FOR INSUFFICIENT
SERVICE OF PROCESS. This Motion is based upon the Memorandum of Point and
Authorities, the exhibits attache hereto, the pleadings and papers on file, and any oral
argument that may be presented in this matter. Dated this 29TH day of November,
2011.
MEMORANDUM OF POINTS AND AUTHORITIES

OPPOSITION TO MOTION TO DISMISS

Page 1

V2.394

Plaintiff's Attempted Service Upon Defendant Paul Elcano is Sufficient Under NRCP 4
and The Fault for Any Shortcoming in Service Resides With the Washoe County
Sheriff's Office Pursuant to the IFP Granted in this or the Duplicative Case.
3.

Plaintiff's went above and beyond in attempts to properly serve a copy of a summons
and complaint upon Defendant Paul Elcano, WLS, and Torvinen, even beyond getting
an IFP approved which required the WCSO to perform service, in addition to email
copies of the Complaints to Elcano, Torvinen, and WLS, and perhaps faxing as well.
renders service of process sufficient under NRCP 4.

DATE THIS: November 29 th , 2011,

Sincerely,

/s/ Zach Coughlin, signed electronically

Zach Coughlin, Esq.
Attorney for Plaintiff

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.
DATED this November 29 th , 2011

/s/ Zach Coughlin

Zach Coughlin
Attorney for Plaintiff Coughlin

OPPOSITION TO MOTION TO DISMISS

Page 2

V2.395

Proof of Service:
I , Zach Coughlin efiled this on the opposing attorney on November 29, 2011

DATED this November 29 th , 2011

_/s/ Zach Coughlin

Zach Coughlin
Attorney for Plaintiff Coughlin

OPPOSITION TO MOTION TO DISMISS

Page 3

V2.396

FILED
Electronically
12-10-2011:04:45:30 AM
Craig Franden
Clerk of the Court
Transaction # 2638026

V2.397

V2.398

FILED
Electronically
12-12-2011:03:50:11 PM
Craig Franden
Clerk of the Court
Transaction # 2640449

V2.399

V2.400

V2.401

V2.402

V2.403

FILED
Electronically
12-12-2011:03:50:57 PM
Craig Franden
Clerk of the Court
Transaction # 2640453

V2.404

V2.405

V2.406

V2.407

V2.408

V2.409

****** IMPORTANT NOTICE - READ THIS INFORMATION *****

PROOF OF SERVICE OF ELECTRONIC FILING
A filing has been submitted to the court RE:

CV11-01896

Judge:

BRENT ADAMS

Official File Stamp:

12-12-2011:15:50:57

Clerk Accepted:

12-12-2011:16:26:21

Court:

Second Judicial District Court - State of Nevada

Case Title:

ZACH COUGHLIN VS. WASHOE LEGAL

SERVICES ET AL.(D6)

Document(s) Submitted:

Reply

Filed By:

JOSEPH GARIN, ESQ.

You may review this filing by clicking on the
following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.
The following people were served electronically:
BRIAN GONSALVES, ESQ for TAHOE
WOMEN'S SERVICES
JOSEPH GARIN, ESQ. for KATHY
BRECKENRIDGE, PAUL ELCANO, KAREN
SABO
ZACHARY COUGHLIN, ESQ. for ZACH
COUGHLIN
The following people have not been served electronically and must be served by traditional
means (see Nevada electronic filing rules):
PROPER PERSON
WASHOE LEGAL SERVICES
TODD TORVINEN
MARC ASHLEY

V2.410

JON SASSER
PAUL ELCANO
CARYN STERNLIGHT
BOARD OF DIRECTORS OF WASHOE LEGAL
SERVICES
ZANDRA LOPEZ
SHANNON NORDSTROM, ESQ

V2.411

****** IMPORTANT NOTICE - READ THIS INFORMATION *****

PROOF OF SERVICE OF ELECTRONIC FILING
A filing has been submitted to the court RE:

CV11-01896

Judge:

BRENT ADAMS

Official File Stamp:

12-12-2011:15:50:11

Clerk Accepted:

12-12-2011:16:31:39

Court:

Second Judicial District Court - State of Nevada

Case Title:

ZACH COUGHLIN VS. WASHOE LEGAL

SERVICES ET AL.(D6)

Document(s) Submitted:

Reply

Filed By:

JOSEPH GARIN, ESQ.

You may review this filing by clicking on the
following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.
The following people were served electronically:
BRIAN GONSALVES, ESQ for TAHOE
WOMEN'S SERVICES
JOSEPH GARIN, ESQ. for KATHY
BRECKENRIDGE, PAUL ELCANO, KAREN
SABO
ZACHARY COUGHLIN, ESQ. for ZACH
COUGHLIN
The following people have not been served electronically and must be served by traditional
means (see Nevada electronic filing rules):
PROPER PERSON
WASHOE LEGAL SERVICES
TODD TORVINEN
MARC ASHLEY

V2.412

JON SASSER
PAUL ELCANO
CARYN STERNLIGHT
BOARD OF DIRECTORS OF WASHOE LEGAL
SERVICES
ZANDRA LOPEZ
SHANNON NORDSTROM, ESQ

V2.413

****** IMPORTANT NOTICE - READ THIS INFORMATION *****

PROOF OF SERVICE OF ELECTRONIC FILING
A filing has been submitted to the court RE:

CV11-01896

Judge:

BRENT ADAMS

Official File Stamp:

12-10-2011:04:45:30

Clerk Accepted:

12-12-2011:09:45:27

Court:

Second Judicial District Court - State of Nevada

Case Title:

ZACH COUGHLIN VS. WASHOE LEGAL

SERVICES ET AL.(D6)

Document(s) Submitted:

Summons Filed

Filed By:

ZACHARY COUGHLIN, ESQ.

You may review this filing by clicking on the
following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.
The following people were served electronically:
BRIAN GONSALVES, ESQ for TAHOE
WOMEN'S SERVICES
JOSEPH GARIN, ESQ. for KATHY
BRECKENRIDGE, PAUL ELCANO, KAREN
SABO
ZACHARY COUGHLIN, ESQ. for ZACH
COUGHLIN
The following people have not been served electronically and must be served by traditional
means (see Nevada electronic filing rules):
PROPER PERSON
WASHOE LEGAL SERVICES
TODD TORVINEN
MARC ASHLEY

V2.414

JON SASSER
PAUL ELCANO
CARYN STERNLIGHT
BOARD OF DIRECTORS OF WASHOE LEGAL
SERVICES
ZANDRA LOPEZ
SHANNON NORDSTROM, ESQ

V2.415

FILED
Electronically
12-15-2011:01:37:00 PM
Craig Franden
Clerk of the Court
Transaction # 2648496

$2645
Zach Coughlin, Esq.

817 N. Virginia St. #2

Reno, NV 89501
Tele: 775-338-8118
Fax: 949-667-7402
ZachCoughlin@hotmail.com
Attorney for Plaintiff Coughlin
IN THE SECOND JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR
THE COUNTY OF WASHOE

ZACHARY BARKER COUGHLIN;

Plaintiff.
v.
Washoe Legal Services, et al,
Defendants.

Case No:CV11-01896
Dept No: 6
OPPOSITION TO ALL DEFENDANT'S
MOTIONS TO DISMISS and all
Defendant's Motions to Quash Service,
MOTION FOR EXTENSION OF TIME
TO RESPOND/CONTINUANCE;
OPPOSITION TO MOTION TO TAX
COSTS SIMLUTANEOUSLY SEEKING
EXTENSIONS OF TIME OR
CONTINUANCE TO RESPOND

OPPOSITION TO ALL DEFENDANT'S MOTIONS TO DISMISS

and all Defendant's Motions to Quash Service, MOTION FOR
EXTENSION OF TIME TO RESPOND/CONTINUANCE;
OPPOSITION TO MOTION TO TAX COSTS SIMLUTANEOUSLY
SEEKING EXTENSIONS OF TIME OR CONTINUANCE TO
RESPOND
POINTS AND AUTHORITIES
The undersigned, while still desiring some sort of extension or continuance
allowing for time to file a more pronounced Opposition and to avoid the undue

OPPOSITION TO ALL DEFENDANT'S MOTIONS TO DISMISS and all Defendant's Motions to Quash Service,
MOTION FOR EXTENSION OF TIME TO RESPOND/CONTINUANCE; OPPOSITION TO MOTION TO TAX
COSTS SIMLUTANEOUSLY SEEKING EXTENSIONS OF TIME OR CONTINUANCE TO RESPOND

Page 1/

V2.416

burden brought about by the circumstances set forth in the undersigned December
14th , 2011 Motion, hereby Opposes Tahoe Women's Services Motion to Dismiss and
Motions to Quash Service as well as all of CAAW's, and WLS Motions, as the
arguments and circumstances are substantially similar in opposing all of their various
Motions. In addition, the undersigned asks the court to consider the extent to which
the Washoe County Sheriff's Office was required to effectuate service in CV1101896 (though a different matter than this case, to be sure) in combination with the
diligent efforts the undersigned too in seeking to get an Order Consolidating these
two substantially similar matters and setting forth the circumstances that required
these multiplicative filings.

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.
DATE THIS: December 15, 2011,
Sincerely,

/s/ Zach Coughlin, signed electronically

Zach Coughlin, Esq.

Plaintiff

OPPOSITION TO ALL DEFENDANT'S MOTIONS TO DISMISS and all Defendant's Motions to Quash Service,
MOTION FOR EXTENSION OF TIME TO RESPOND/CONTINUANCE; OPPOSITION TO MOTION TO TAX
COSTS SIMLUTANEOUSLY SEEKING EXTENSIONS OF TIME OR CONTINUANCE TO RESPOND

Page 2/

V2.417

Proof of Service:
On December 15, 2011, I, Zach Coughlin deposited in the mail a true
and correct copy of the foregoing Opposition to:
Brian Gonsalves, Esq
P.O. Box 907
Kings Beach, CA96143
Attorney for Tahoe Women's Services
E-Filers were served electronically, including:
Committee to Aid Abused Women
Gary Fuller, Esq. Attorney for Defendant CAAW
Washoe Legal Services
Joe Garin, Esq. Attorney for Defendant WLS

DATE THIS: December 15, 2011,

/s/ Zach Coughlin

Zach Coughlin
Plaintiff

OPPOSITION TO ALL DEFENDANT'S MOTIONS TO DISMISS and all Defendant's Motions to Quash Service,
MOTION FOR EXTENSION OF TIME TO RESPOND/CONTINUANCE; OPPOSITION TO MOTION TO TAX
COSTS SIMLUTANEOUSLY SEEKING EXTENSIONS OF TIME OR CONTINUANCE TO RESPOND

Page 3/

V2.418

INDEX TO EXHIBITS
1.
EXHIBIT 1: Eight (8) pages representing a more accurate depiction of the
legibility of what the various Defendants were actually served, including a full size first
page of the Complaint and a full size Summons page.
2.
Exhibit 2: Six (6) pages from Tahoe Women's Services attorneys Gonsalves
apparently faxed copy of the Complaint from his client which is utterly not indicative of
how legible the actual papers served on his client were, but which, nonethless Gonsalves
filed with this Court as an Exhibit purporting to represent the level of legibility of those
papers served upon his client, and silent as to whether a full size first page of the
Complaint and Summons were served on his client
3.
Exhibit 3: 10 (ten) pages of emails between Plaintiff and Defendant Tahoe
Women's Services attorney Gonsalves speaking to the issues involved in this Motion
4.
Exhibit 4: Twenty one (21) pages, October 5, 2011 Motion to Consolidate CV1110955 and CV11-10896 filed by Plaintiff Coughlin in CV11-10955 and CV11-01986

OPPOSITION TO ALL DEFENDANT'S MOTIONS TO DISMISS and all Defendant's Motions to Quash Service,
MOTION FOR EXTENSION OF TIME TO RESPOND/CONTINUANCE; OPPOSITION TO MOTION TO TAX
COSTS SIMLUTANEOUSLY SEEKING EXTENSIONS OF TIME OR CONTINUANCE TO RESPOND

Page 4/

V2.419

FILED

EXHIBIT 1

Electronically
12-15-2011:01:37:00 PM
Craig Franden
Clerk of the Court
Transaction # 2648496

V2.420

V2.421

V2.422

V2.423

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~~~~~~~~ ~~~~~~~~~ ~~~ ~~~~ ~~ ~~~~~~~~~~ ~~~~~~~ ~~ ~~~ ~~~~ ~~~ ~~~~~~~~~~~~~~

~~~~~~~~~ ~~~ ~~~~~~~ ~~~~~~~~~~~~

~~~ ~~~~~~~~~~ ~~~~~~ ~~~ ~~~~~~~~~ ~~ ~~~~ ~~~~~~~ ~~ ~~~~~~~~~~~~~ ~~ ~~~ ~~~~~ ~~~~ ~~~~~~ ~~

~~ ~~~~~~~~~ ~~~~~~~~~ ~~~ ~~~~~~~~~~~ ~~~~~~ ~~~ ~~~ ~~~~~~~~~ ~~~ ~~~ ~~~~~~~~ ~~~ ~~~~~ ~~~~~~~~

~~~ ~~~~~~~~~ ~~~ ~~~~~~ ~~~~~~~~~~ ~~~ ~~~~~~~ ~~~~~~~~~ ~~ ~~~~~~ ~~ ~~~~~~~~~~~

~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~~~

~~~~~~~~

~~~ ~~~~~~~~~~~ ~~~~~~~ ~~~ ~~~~~~~ ~~~~~~~~ ~~ ~~~ ~~~~~~~~~~~ ~~~~ ~~~ ~~~~ ~~~~ ~~~~~~~~~~~~ ~~~~

~~~~~~ ~~~~~~~~~ ~~~ ~~~~~~~~ ~~ ~~~~~~~ ~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~ ~~~~~~~~ ~~~ ~~~~ ~~~~~~~ ~~~

~~~ ~~~ ~~~~~~~ ~~ ~~~~~~~~~~ ~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~ ~~~~ ~~~~~~~~ ~~

~~~ ~~~~~~~~~ ~~~ ~~~~~~~~~~~ ~~~ ~~~~~~ ~~~~~~~~ ~~~~~~~~~ ~~~ ~~~~~~~~~ ~~~~~~~

~~~~ ~~~~~ ~~~ ~~~ ~~~~~~~~~~ ~~~~~~ ~~~~~ ~~ ~~~ ~~~~~~~~ ~~~~ ~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~

~~

~~~ ~~~~~~~~~ ~~~~ ~~~~~~~~ ~~~~~~~ ~~~ ~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~~~~~

~~

~~~ ~~ ~~~ ~~~~~~~~~~~ ~~ ~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~~~ ~~~~~~~~~~ ~~~ ~~~

~~

~~~ ~~~~~~~~~ ~~ ~~ ~~~~~~~ ~~~~~~~~~ ~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~ ~~~~ ~~ ~~~~~ ~~~ ~~~~~~~~~

~~

~~~~~~~~~~

~~
~~

~~~~~~~ ~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~ ~~~~~~~~~ ~~~ ~~~ ~~~~~~~ ~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~

~~

~~~~~~~ ~~ ~~~~~~~~~~ ~~~ ~~~~~~~~~~

~~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~

~~

~~~ ~~~~~~~~~ 64~ ~~ ~~~~~~ ~~ ~~~~~~~~~ ~~~ ~~~ ~~~~ ~~~~~~~~~ ~~ ~~~~~~~~~ 64~ ~~

~~

~~~ ~~~~~~~~ ~~ ~~~~ ~~~~ ~~~~~~ ~~ ~~~~~~~ ~~~~~~~~~~~ ~~ ~~~~~~~~~~

~~

~~~~~~~ ~~~~~~~~~ ~~~~ ~~~~~~~ ~~ ~~~ ~~~~~~~~~~ ~~~ ~~~~~~~~~~~~~ ~~~~~~~~~ ~~~~ ~~~~~~~~ ~~

~~

~~~~~~ ~~ ~~~ ~~~~~~~~ ~~ ~~~~~~~~~~ ~~~~~~~~

~~

~~~~ ~~~~~~~~ ~~ ~~~ ~~~~~~~~~~~ ~~~~~~~ ~~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~~ ~~~ ~~~~ ~~~~~~~~~~~

~~

~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~~ ~~~ ~~~~~~~~~ ~~ ~~~~~~ ~~~~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~~

~~

~~~ ~~~~~~~~~ ~~~ ~~~~~~~~ ~~~~~~~ ~~~~ ~~~~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~~

~~

~~~~~ ~~ ~~~ ~~~~~~~~~~

~~

~~~~~~~~~ ~~~~~~~~~ ~~ ~~~ ~~~~~~ ~~ ~~~~~~~ ~~~ ~~~~~~~~~ ~~~~~~~~~~ ~~ ~~~~~~~~ ~~~ ~~~~~~~~~~

~~

~~

~~~~~~~~~~ ~~~~~~~~ ~~~~~ ~~~ ~~~ ~~ ~~~~~~~~~~ ~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~ ~~~~~~~ ~~
~~
~~

~~~~~~~~~ ~~~~~~~~~ ~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~ ~~~~~~ ~~ ~~~~~~~~

~~

~~~ ~~~~~~~~~~~~~ ~~~ ~~~~~~~ ~~ ~~~~~~~~~ ~~~ ~~~ ~~~~~~~~~ ~~~ ~~~~ ~~~~~~~~~~
~~

~~~ ~~~~~~~~~ 64~ ~~ ~~~~~~ ~~ ~~~~~~~~~ ~~~ ~~~~ ~~~~ ~~~~~~~~~ ~~ ~~~~~~~~~~~ ~~~~~~~ ~~~~~ ~~~~~~~

~~

~~

~~~~~~~~ ~~~ ~~~~~ ~~~~~~~ ~~ ~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~~ ~~ ~~~~~~~~~ ~~~~~~ ~~~~~~~~~~

~~

~~~~~~~~~~~ ~~~~~~ ~~~~~~~~~ ~~~~~~~~~~~~~ ~~~~~~~~~~~~ ~~~ ~~~~~~ ~~ ~~~~~~ ~~ ~~~ ~~~~~~~~ ~~
~~

~~~~~~~~~~ ~~~ ~~~~~~~~~~ ~~~ ~~~ ~~~~~~~~ ~~ ~~~~ ~~~~~ ~~ ~~~~~~ ~~~~~~~~~ ~~~ ~~~~ ~~~~~~~~~ ~~

~~

~~~~~~~~~~ ~~~~~~~~~

~~

~~~ ~~~~~~ ~~ ~~~~~~~~~~ ~~~~~~ ~~~~~~~

~~

~~~~~~~~ ~~ ~~~~~~~~ ~~~~~~~ ~~ ~~~~~~ ~~ ~~~~~~~~~~~

~~

~~~ ~~~~~~~~~~~ ~~~ ~~~~ ~~ ~~~~~ ~~~~ ~~~~~~~~ ~~~~~~~ ~~~~ ~~~~~~~~~~~ ~~~~~~~~

~~

~~~~~~~~~~ ~~~~~~~~ ~~ ~~~~~~~~ ~~ ~~ ~~~~~ ~~ ~~~~~~~~ ~~~~~~~ ~~ ~~ ~~~~~~ ~~~~~~~~~~ ~~ ~~~~~~ ~~~

~~

~~~ 39 ~ ~~~~~~ ~~~ ~~~~~~~~~ ~~~~~~ ~~ ~~~~~~~~~~~ ~~~~~~~~ ~~~~~~~~~ ~~~ ~~~~ ~~~~~~

~~

~~~~~~~ ~~ ~~ ~~~~~~ ~~ ~~~~~~ ~~~ ~~~~~~~~~~

~~

~~~~~ ~~~~~~~~~~ ~~~ ~~~ ~~~~~~ ~~~~ ~~~~~~ ~~~~~~~~~ ~~~ ~~~~~~~~ ~~ ~~~~~~~ ~~~~~ ~~~~~~ ~~~~~~

~~

~~ ~~~~ ~~~~~ ~~~~~~ ~~~ ~~~~ ~~ ~~~~~~~~ ~~ ~~~ ~~~~~~~~~~ ~~~~ ~~~ ~~~~~~

~~

~~

~~

~~~~~ ~~~~~ ~~ ~~~~~~

~~~~~~~~~ ~~~~~~ ~~~ ~~ ~~~ ~~~~~ ~~~ ~~~~~~~ ~~~~~~ ~~ ~~~~~ ~~~
~~~~~~ ~~~ ~~~~~~~~ ~~

~~~~~~~ 39 ~ ~~~~~~ ~~~ ~~~~~~~~~ ~~~~~~ ~~ ~~~~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~ ~~~ ~~
~~

~~

~~~~~~ ~~~ ~~~~~~~~ ~~ ~~ ~~~~~~~~~ ~~~~~~~~ ~~ ~~~~~~ ~~~~ ~~~~~~~ ~~~ ~~~~~~ ~~ ~~~~~~~ ~ ~~~~~~~~~~
~~
~~

~~

~~~ ~~~ ~~~ ~~~~~~~~ ~~~~ ~~~ ~~~~~~ ~~~~~~ ~~~~ ~~ ~~~~~~~~~~ ~~ ~~~ ~~ ~~~~~~~~~~ ~~~~~~~~ ~~~~

~~~ ~~~~~~~~~ ~~~~~~~~~~~~ ~~~~~~ ~~~ ~~~~~~~~~~~ ~~ ~~~~~~~~~~ ~ ~~~~~~~ ~~ ~~ ~~~~~~

~~

~~~~~~ ~~ ~~~~ ~~~~~ ~~~~~~ ~~~ ~~~~ ~~~ ~~~~~~~~ ~~ ~~~~~ ~~~~~~~~~~ ~~~~ ~~~ ~~~~~~
~~

~~

~~~~~ ~~ ~~~~~~~~ ~~ ~~~~~~ ~~~ ~~~~

~~~ ~~~~~~~~~ ~~~~~~~~~~~~ ~~~~~~ ~~~ ~~~~~~~~~~~ ~~ ~~~~~~~~~~ ~ ~~~~~~~ ~~ ~~ ~~~~~~

~~

~~

~~~ ~~~~~~~~~ 64~ ~~~~~~~ ~~ ~~~~~~~~~~~~ ~~~~~~ ~~~ ~~~~~~~~~~ ~~~~~~~~ ~~ ~~~
~~
~~

~~~~~ ~~~~~ ~~ ~~~~~~

~~~ ~~ ~~~~~ ~~~~~~ ~~~ ~~ ~~~ ~~~~~ ~~~ ~~~~~~~~~~~ ~~~ ~~~~~~~~ ~~

~~
~~

~~~~~~~ ~~~~~ ~~ ~~~~~~

~~~~~~~~~ ~~ ~~~~ ~~~ ~~ ~~~~~ ~~~ ~~ ~~ ~~ ~~~~~~~~~ ~~~ ~~~~~~~~ ~~

~~

~~~ ~~~~~ ~~~~~~

~~

~~~ 39 ~ ~~~~~~ ~~~ ~~~~~~~~~ ~~~~~~ ~~ ~~~~~~~~~~~ ~~~~~~~~ ~~~~~~~~~~ ~~~~ ~~~~

~~

~~~ ~~~~~ ~~~~~~

~~

~~~~~ ~~~~~~

~~

~ ~~ ~
~~~~~~~~~

~~~ ~~~~~~~~ ~~~~~~~ ~~ ~~~~~~~~~ ~~~~~~~~ ~~~~ ~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~

~ ~~ ~
~~~~~~~~~

~ ~~ ~
~~~~~~~~~

~~~~~ ~~~ ~~~ ~~~~~~~~~ ~~~ ~~~~~~~~ ~~~~~~~~

~~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~ ~~~~~~~ ~~~~ ~~~ ~~~ 64~ ~~~~~ ~~~~~~~~ ~~~

~~~~~~~~~~~~ ~~~ ~~~~~~ ~~~~ ~~ ~~ ~~~~~~ ~~~~~~~~~~~ ~~~~~~~ ~~ ~~~~ ~~~ ~~~~~ ~~~~~ ~~~ ~~~~~~~ ~~ ~~~

~~~ ~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~ ~~~~~~~~~ ~~ ~~~~~~~~~~~ ~~~~

~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~ ~~ ~~~ ~~~~~~~~~~ ~~~ ~~~ ~~~~~~~ ~~ ~~~~~~~~~~ ~~~~~~~~~ ~~ ~~~ ~~~~~

~~~~~~~~~~~ ~~~~ ~~~~~~~ ~~~~~~~~~ ~~~~~~~~~~ ~~ ~~~~~~ ~~~~~~~ ~~~ ~~~~~ ~~~~~~~~ ~~~ ~~~~~

~~~ ~~~~~~~~~~~ ~~~~~~~~~~~ ~~ ~ ~~~~~~ ~~~~~~ ~~ ~~~ ~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~

~~~~~~~~~~~ ~~~~~ ~~~~~~~ ~~~ ~~~~ ~~ ~~~~~~~~ ~~~~~~~~~~ 39 ~ ~~~~~~ ~~ ~~~ ~~~~~~~~ ~~~~~~~~ ~~
~

~~~ ~~~~~~~~~~ ~~ ~~~~~

~
~

~~~~ ~~~~~~~~~~~ ~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~ ~~ ~~~~~~ ~~

~~~~~~~~~ ~~~ ~~~~~~~~~~ ~~ ~~~ 64~ ~~ ~ ~~~~~~ ~~ ~~~ ~~~~~~~~ ~~ ~~~ ~~~~~ ~~~~~~~~~ ~~~~~~

~~~~ ~~~~~ ~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~~~~ ~~~ ~~~~~~~~~~~~~ ~~~ ~~ ~~~~~~~~~~~
~~~~~~~~~~~

~~~~~~~~~ ~~~~~ ~~ ~~~~~~~~~~ ~~~~~

~~~ ~~~~~~~~~~ ~~~~~~~ ~~~~~~~~ ~~~ ~~~~~~ ~~ ~~~~~ ~~~ 64~ ~~~~~~~~~ ~~~ ~~~~~~~~~~~~~ ~~~ ~~~~~

~~~~~~ ~~ ~~~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~ ~~~ ~~~~~~~ ~~~~~~~~ ~~ ~~~ ~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~

~~~~~~~~~~~ ~~~~~~~~~ ~~~ ~~~ ~~~~~~~~ ~~ ~~~~~~~~~~~~~~ ~~~~~~ ~~~~~~~~ ~~ ~~~~~~ ~~~~~ ~~ ~~~~ ~~

~~~~ ~~~ ~~~~ ~~ ~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~ ~~ 64~ ~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~~~~~~~~

~~~~~~ ~~~~~~~~ ~~~~~~~~~ ~~~ ~~~~~~~~~ ~~~~~~~~~~~~~~~~ ~~~~~~ ~~~~~~~ ~~~~~~~~~ ~~~ ~~~~~~~~~~ ~~

~~~~~~~~~~~ ~ ~~~~~~~~~~~ ~~ ~~~~~~~ ~~~~~~~~~~ ~~~ ~~~~~~~~~~ ~~~~~~~ ~~ ~~~ ~~~~~~~~~~~~ ~~ ~~~~~~~

~~~~~~~~ ~~~~~~ ~~~~~ ~~~~~~~~ ~~~~~ ~~~~~~~~~~ ~~~~ ~~~~~ ~~~ ~~~~~~~~ ~~~ ~~~~ ~~~~~~~~~~

~ ~~~~~~ ~~~ ~~~~~~~~~ ~~~~ ~~~~~~~~ ~~~~~~~ ~~~ ~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~ ~~~~~~~~~ ~~~~~~~~

~~

~~~~~~ ~~~~~ ~~~~~ ~~ ~~~~~ ~~~ ~~~ ~~~~~~~~~ ~~~~~ ~~~ ~~~~~~~ ~~~~~~~~~ ~~ ~~~ ~~~~~ ~~~~ ~~~~~~~~~

~~

~~~~~~~~~ ~~~~~~~~ ~~ ~~~~ ~~~~ ~~~~~~ ~~ ~~~~~~~ ~~~~~~~~~~~~ ~~ ~~~~~~~~~~~~

~~
~~

~
~

~~~~~~~~~ ~~ ~~~ ~~~~~~~~~~~~ ~~ ~~~ ~~~~~~ ~~~~~~ ~~ ~~~~~~~~

~~~~~ ~~~ ~~~~~ ~~~~~~~~~~~~ ~~~ ~~~~~~~~ ~~~~~~~ ~~~~~ ~~~~~~~~~~~

~~

~~ ~~ ~~~~~~~~ ~~ ~~~ ~~~~~~~~~~~ ~~~~~~~ ~~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~~ ~~~ ~~~~ ~~~~~~~~~~~ ~~~~~

~~~~~~~ ~~~ ~~~ ~~ ~~~~ ~~~~ ~~~~~~~~~~~~ ~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~ ~~~ ~~~~~~~~~ ~~~~~~ ~~~~~~~~~~ ~~

~~

~~~~~~~~~~~~ ~~~~~ ~~~~~~~~~ ~~~~~~~~~~ ~~~ ~~~ ~~~~~~~~~~ ~~~ ~~~~~~~~~ ~~~~ ~~~~~~~~~~
~~

~~~~~ ~~~~~ ~~ ~~~~~~

~~~~~~~ ~~~~~~~~~~ ~~~ ~~~~~~~~ ~~

~~

~~

~~~~~~~~~~ ~~~~ ~~~~ ~~ ~~~~~ ~~~~~~ ~~~~~ ~~ ~~~~~~~~~ ~~~

~~

~~ ~~~ ~~~~~~~~~~

~~

~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~ ~~~~~~~~~ ~~~~ ~~~ ~~~~~ ~~~~~~~~~~ ~~~~~~~~~ ~~ ~~~ ~~~~~~~~~

~~

~~~ 64~ ~~~ ~~~~~~~ ~~~ ~~~~~~~~~~ ~~~~~ ~~~~~~ ~~~ ~~~~~~~~ ~~ ~~~~~~ ~~~ ~~~~~~~ ~~~~~~~~~

~~

~~~~~~~~~ 64~ ~~ ~~~~~~ ~~ ~~~~~~~~~ ~~~ ~~~ ~~~~ ~~~~~~~~~ ~~ ~~~~~~~~~ 64~ ~~

~~

~~~~~~~~~~ ~~~~ ~~~ ~~~~ ~~~~~ ~~~ ~~~~~~ ~~ ~~ ~~~~~ ~~~ ~~~~~ ~~~~~~~

~~

~~~~~~~~ ~~ ~~~~~~~~ ~~ ~~~ ~~~~~~~ ~~ ~~~~~~~ ~~~~ ~~~ ~~~~~~ ~~~~~~~~~~~~~~ ~~~~ ~~~~~~~~~~~ ~~~~

~~

~~~~~~ ~~ ~~~ ~~~~~~~~ ~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~~ ~~~ ~~~~ ~~ ~~~~~ ~~~~ ~~~~~~~~ ~~~~~~~

~~

~~

~~~~ ~~~~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~ ~~ ~~~~~~ ~~ ~~~~~~ ~~ ~~~~~~~~ 39 ~ ~~~~~~ ~~~ ~~~~~~~~~
~~
~~

~~~ 64~ ~~~~~~~ ~~~ ~~~~~~~~~ ~~ ~~~~~~ ~~~ ~~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~ ~~~~~~~~~~ ~~~~~~ ~~

~~

~~~ ~~~~~~~~~~~~~ ~~~~~ ~~~~~~~~~~~ ~~~~~ ~~~ ~~~ ~~~~~~~ ~~~~~~~ ~~~~~~ ~~ ~~~~~ ~~~~~~~~~~~ ~~
~~

~~~~~ ~~~~~~~ ~~ ~~~~~~ ~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~~~~ ~~ ~~~~

~~

~~

~~~~~~ ~~ ~~~~~~~~~~~ ~~~~~~~~ ~~~~~~~~~ ~~~ ~~~~ ~~~~~~ ~~ ~~~~ ~~~~~ ~~~~~~ ~~~ ~~~~ ~~~ ~~~~~~~~ ~~

~~

~~~~~~ ~~~ ~~~~~~~~~~~ ~~ ~~~~~~ ~~~~~ ~~ ~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~ ~~~ ~~~~~~~~~~~~~ ~~~~~
~~

~~~~~~~ ~~~~~~~~ ~~~ ~~~~~ ~~~~~~~~~~~ ~~ ~~~~~~~~~~ ~~~~~~~ ~~~ ~~~~~ ~~~~~~~~~~~~~ ~~~ ~~~~~~~~~

~~

~~~ ~~~~ ~~~~~ ~~~ ~~~~ ~~~ ~~~~~~~ ~~ ~~~~~~~~~ ~~~~~~~~~ ~~~ ~~~~~ ~~~~~ ~~~~~~~~~ ~~~~ ~~~ 64~

~~

~~~~~ ~~~~~~~~~~ ~~~~ ~~~ ~~~~~~

~~

~~ ~ ~~~~~~ ~~~~~ ~~~~~~~~~ ~~~~~~~ ~~~~~~~~~~ ~~ ~~~~~~~~~ ~~~~~~~~ ~~~~ ~~~~~ ~~~~~~~~~ ~~~~

~~

~~~~~~~ ~~~~~~~~~~~ ~~ ~~~~~~~~~~~ ~~~~~ ~~~~~~~~~~~ ~~~~~ ~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~

~~

~~~~~~ ~~~~~ ~~ ~~~~~~

~~~~~~~ ~~~~~ ~~~~~~~~~~~~~~~~ ~~~ ~~~~~~~~ ~~

~~

~~~~~~~~~~ ~~~ ~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~~ ~~~~ ~~~~~~~ ~~~ ~~~~~~~~~ ~~~ ~~~~~~~~~

~~

~~~~~~~ ~~~~~~~~~ ~~ ~~~~ ~~~~~~~~~~ ~~ ~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~ ~~~ 64~ ~~~~~~ ~~~~~ ~~~~~~~~~~~~~~~

~~

~~~~~~~~~

~~

~~ ~~~~~~~ ~~~~~~~~ ~~~~~ ~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~ ~~ ~~~ ~~~ ~~~~~~ ~~ ~~~~ ~~~ ~~~~ ~~~~ ~~~

~~
~~

~~~ ~~~~~~~~~~ ~~~~ ~~~ ~~~~~~~~~~~~ ~~ ~~~~~~~~~ ~~ ~~ ~~~ ~~~~~ ~~~~~~~~ ~~~~~~~

~~

~~

~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~ ~~~~~~~ ~~~~ ~~~ ~~~ 64~ ~~~~~ ~~~~~~~~ ~~~ ~~~~~~ ~~~~~~~~~ ~~~

~~

~~

~~~~~~~~~ ~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~~~~~ ~~~~ ~~~~~~ ~~ ~~~~~~~ ~~ ~~~~~~~ ~~ ~~~ ~~~~~~

~~

~~

~~~ ~~~~ ~~~~~~~ ~~~ ~~~~~~~~~ ~~~ ~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~ ~~~~~~~~~~ ~~ ~~~~~~ ~~~~ ~~~ ~~~~~

~~~~ ~~~ ~~~~~ ~~~~~ ~~~~~~~~ ~~~~~~~~~ ~~~~~~~ ~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~ ~~~~~ ~~~~~~~~~
~~

~~~~~~~~~~ ~~~ ~~~~~~~ ~~~ ~~ ~~~~~~~~~~~~~~ ~~~~~~ ~~~ ~~~~ ~~~~~~ ~~~~~~~~~ ~~~~~~~~~

~~~~~~~~~~~~~
~~

~~

~~~ ~~~~ ~~~~~~~ ~~~ ~~~~~~~~~ ~~~ ~~~~~ ~~~~~~~~ ~~~~~~~~~ ~~ ~~~~~~~~~~~ ~~~~~~~~~~

~~

~~~ 64~ ~~~ ~~~~~~~~ ~~~ ~~~~~~~ ~~~~~~~~ ~~~ ~~~~~~~~~ ~~~ ~~~ ~~~~~~~~~ ~~ ~~~~~~ ~~~ ~~~~~~~

~~

~~

~~~~~~~~~~~ ~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~ ~~~~~~~ ~~ ~~~~ ~~~~~ ~~ ~~~~~~~~ ~~~~ ~~~ ~~~~~~~~~~~~~ ~~~ ~~~

~~

~~~~~~~~~ ~~~~~~~~ ~~ ~~~~~~~~~ ~~~ ~~~~~~ ~~~~ ~~~~~~~~ ~~~ ~~~~~~~~~ ~~~~~~~~~~~ ~~ ~~~~~~~~~

~~

~~

~~~~~~~~ ~~~~~~~~~~ ~~ ~ ~~~~~~~~~ ~~~~ ~~~~~~~ ~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~~ ~~~

~~

~~~ ~~~~ ~~~~~ ~~~~~~~~~ ~~ ~~~~~~ ~~~~~~~~~~ ~~~ ~~~~~~~~~~ ~~~ ~~~~~ ~~~ ~~~~~~~~~~ ~~~

~~

~~

~~

~~~~~ ~~~~ ~~~~~~~~~ ~~ ~~~ ~~~~~ ~~~~~~~~~ ~~ ~~~ ~~~~~~~~~~~~ ~~ ~~~ ~~~~~~ ~~~~~~ ~~ ~~~~~~~~

~ ~~ ~
~~~~~~~~~

~~

~ ~~ ~
~~~~~~~~~

V2.428
~ ~~ ~
~~~~~~~~~

FILED

EXHIBIT 2

Electronically
12-15-2011:01:37:00 PM
Craig Franden
Clerk of the Court
Transaction # 2648496

V2.429

V2.430

V2.431

Xin An
v t.`tJ

~ A*% A n
V L . ~F.~

V2.434

V2.435

FILED

EXHIBIT 3

Electronically
12-15-2011:01:37:00 PM
Craig Franden
Clerk of the Court
Transaction # 2648496

V2.436

Hotmail Print Message

http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=19...

filing ready sanctions motions

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Fri 12/09/11 6:35 AM
To: bgonsalves@live.com

V2.437
1 of 10

12/15/2011 3:00 AM

Hotmail Print Message

2 of 10

http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=19...

Zach Coughlin, Esq.

817 N. Virginia St. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
Licensed in Nevada and USPTO
** Notice** This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. If you are not
the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you
have received this document in error and that any review, dissemination, copying, or the taking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.

RE: filing ready sanctions motions

From: Brian Gonsalves (bgonsalves@live.com )
Sent: Fri 12/09/11 6:51 AM
To: zachcoughlin@hotmail.com
Mr. Coughlin:
Thank you for contacting me, but I disagree with your analysis.
I will make note of your new contact information.

V2.438
12/15/2011 3:00 AM

Hotmail Print Message

http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=19...

Sincerely,
Brian A. Gonsalves
From: zachcoughlin@hotmail.com
To: bgonsalves@live.com
Subject: filing ready sanctions motions
Date: Fri, 9 Dec 2011 06:35:48 -0800

V2.439
3 of 10

12/15/2011 3:00 AM

Hotmail Print Message

4 of 10

http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=19...

Zach Coughlin, Esq.

817 N. Virginia St. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
Licensed in Nevada and USPTO
** Notice** This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. If you are not
the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you
have received this document in error and that any review, dissemination, copying, or the taking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.

RE: filing ready sanctions motions

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Fri 12/09/11 6:57 AM
To: bgonsalves@live.com

V2.440
12/15/2011 3:00 AM

Hotmail Print Message

http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=19...

Zach Coughlin, Esq.

817 N. Virginia St. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
Licensed in Nevada and USPTO
** Notice** This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. If you are not
the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you
have received this document in error and that any review, dissemination, copying, or the taking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.

From: bgonsalves@live.com
To: zachcoughlin@hotmail.com
Subject: RE: filing ready sanctions motions
Date: Fri, 9 Dec 2011 05:50:58 -0900
Mr. Coughlin:
Thank you for contacting me, but I disagree with your analysis.
I will make note of your new contact information.
Sincerely,
Brian A. Gonsalves
From: zachcoughlin@hotmail.com
To: bgonsalves@live.com

V2.441
5 of 10

12/15/2011 3:00 AM

Hotmail Print Message

http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=19...

Subject: filing ready sanctions motions

Date: Fri, 9 Dec 2011 06:35:48 -0800

V2.442
6 of 10

12/15/2011 3:00 AM

http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=19...

Hotmail Print Message

Zach Coughlin, Esq.

817 N. Virginia St. #2
Reno, NV 89501
tel: 775 338 8118
fax: 949 667 7402
Licensed in Nevada and USPTO
** Notice** This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. If you are not
the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you
have received this document in error and that any review, dissemination, copying, or the taking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable
privilege.

courtesy copies of Complaints in CV11-01955 and CV11-01896

From: Zach Coughlin (zachcoughlin@hotmail.com)
Sent: Thu 12/15/11 2:58 AM
To: bgonsalves@live.com
5 attachments
cv11-01955 service packet summons, complaint, exhibits 1 to 3.pdf (3.5 MB) , service packet for
cv11-01986 coughlin v washoe legal services.pdf (2.3 MB) , 12 14 11 EX 1 CV11-01955 opposition to all
def mtn to dismiss, mtn to set aside, continuance, extensions.pdf (8.9 MB) , 12 14 11 CV11-01955
Oppos to all def mtn to dismiss, motion to set aside, continuance, extensions.pdf (82.8 KB) ,
CV11-01955_2571182 Gonsalves sample.pdf (310.3 KB)

V2.443
7 of 10

12/15/2011 3:00 AM

Hotmail Print Message

http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=19...

V2.444
8 of 10

12/15/2011 3:00 AM

Hotmail Print Message

http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=19...

Zach Coughlin, Esq.

817 N. Virginia St. #2
Reno, NV 89501
tel: 775 229-6737
fax: 949 667 7402
ZachCoughlin@hotmail.com
Nevada Bar No: 9473

** Notice** This message and accompanying documents are covered by the electronic Communications Privacy Act, 18
U.S.C. 2510-2521, and may contain confidential information intended for the specified individual (s) only. If you are not
the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you
have received this document in error and that any review, dissemination, copying, or the taking of any action based on the
contents of this information is strictly prohibited. This message is confidential, intended only for the named
recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure
under applicable law. If you are not the intended recipient(s), you are notified that any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on the contents of this information is prohibited
and may be unlawful. If you receive this message in error, or are not the named recipient(s), please notify the
sender, delete this e-mail from your computer, and destroy any copies in any form immediately. Receipt by anyone
other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable

V2.445
9 of 10

12/15/2011 3:00 AM

Hotmail Print Message

http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=19...

privilege.

V2.446
10 of 10

12/15/2011 3:00 AM

FILED

EXHIBIT 4

Electronically
12-15-2011:01:37:00 PM
Craig Franden
Clerk of the Court
Transaction # 2648496

V2.447

V2.448

V2.449

V2.450

V2.451

V2.452

V2.453

V2.454

V2.455

V2.456

V2.457

V2.458

V2.459

V2.460

V2.461

V2.462

V2.463

V2.464

V2.465

V2.466

V2.467

V2.468

FILED
Electronically
12-15-2011:01:58:16 PM
Craig Franden
Clerk of the Court
Transaction # 2648669

V2.469

V2.470

V2.471

****** IMPORTANT NOTICE - READ THIS INFORMATION *****

PROOF OF SERVICE OF ELECTRONIC FILING
A filing has been submitted to the court RE:

CV11-01896

Judge:

BRENT ADAMS

Official File Stamp:

12-15-2011:13:58:16

Clerk Accepted:

12-15-2011:14:13:31

Court:

Second Judicial District Court - State of Nevada

Case Title:

ZACH COUGHLIN VS. WASHOE LEGAL

SERVICES ET AL.(D6)

Document(s) Submitted:

Request for Submission

Filed By:

JOSEPH GARIN, ESQ.

You may review this filing by clicking on the
following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.
The following people were served electronically:
BRIAN GONSALVES, ESQ for TAHOE
WOMEN'S SERVICES
JOSEPH GARIN, ESQ. for KATHY
BRECKENRIDGE, PAUL ELCANO, KAREN
SABO
ZACHARY COUGHLIN, ESQ. for ZACH
COUGHLIN
The following people have not been served electronically and must be served by traditional
means (see Nevada electronic filing rules):
PROPER PERSON
WASHOE LEGAL SERVICES
TODD TORVINEN
MARC ASHLEY

V2.472

JON SASSER
PAUL ELCANO
CARYN STERNLIGHT
BOARD OF DIRECTORS OF WASHOE LEGAL
SERVICES
ZANDRA LOPEZ
SHANNON NORDSTROM, ESQ

V2.473

****** IMPORTANT NOTICE - READ THIS INFORMATION *****

PROOF OF SERVICE OF ELECTRONIC FILING
A filing has been submitted to the court RE:

CV11-01896

Judge:

BRENT ADAMS

Official File Stamp:

12-15-2011:13:37:00

Clerk Accepted:

12-15-2011:15:56:03

Court:

Second Judicial District Court - State of Nevada

Case Title:

ZACH COUGHLIN VS. WASHOE LEGAL

SERVICES ET AL.(D6)

Document(s) Submitted:

Opposition to Mtn
- **Continuation
- **Continuation
- **Continuation
- **Continuation

Filed By:

ZACHARY COUGHLIN, ESQ.

You may review this filing by clicking on the
following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.
The following people were served electronically:
BRIAN GONSALVES, ESQ for TAHOE
WOMEN'S SERVICES
JOSEPH GARIN, ESQ. for KATHY
BRECKENRIDGE, PAUL ELCANO, KAREN
SABO
ZACHARY COUGHLIN, ESQ. for ZACH
COUGHLIN
The following people have not been served electronically and must be served by traditional
means (see Nevada electronic filing rules):

V2.474

PROPER PERSON
WASHOE LEGAL SERVICES
TODD TORVINEN
MARC ASHLEY
JON SASSER
PAUL ELCANO
CARYN STERNLIGHT
BOARD OF DIRECTORS OF WASHOE LEGAL
SERVICES
ZANDRA LOPEZ
SHANNON NORDSTROM, ESQ

V2.475

FILED
Electronically
12-15-2011:11:37:09 AM
Craig Franden
Clerk of the Court
Transaction # 2647981

V2.476

V2.477

V2.478

****** IMPORTANT NOTICE - READ THIS INFORMATION *****

PROOF OF SERVICE OF ELECTRONIC FILING
A filing has been submitted to the court RE:

CV11-01896

Judge:

BRENT ADAMS

Official File Stamp:

12-15-2011:11:37:09

Clerk Accepted:

12-15-2011:12:28:34

Court:

Second Judicial District Court - State of Nevada

Case Title:

ZACH COUGHLIN VS. WASHOE LEGAL

SERVICES ET AL.(D6)

Document(s) Submitted:

Request for Submission

Filed By:

JOSEPH GARIN, ESQ.

You may review this filing by clicking on the
following link to take you to your cases.

This notice was automatically generated by the courts auto-notification system.

If service is not required for this document (e.g., Minutes), please disregard the below language.
The following people were served electronically:
BRIAN GONSALVES, ESQ for TAHOE
WOMEN'S SERVICES
JOSEPH GARIN, ESQ. for KATHY
BRECKENRIDGE, PAUL ELCANO, KAREN
SABO
ZACHARY COUGHLIN, ESQ. for ZACH
COUGHLIN
The following people have not been served electronically and must be served by traditional
means (see Nevada electronic filing rules):
PROPER PERSON
WASHOE LEGAL SERVICES
TODD TORVINEN
MARC ASHLEY

V2.479

JON SASSER
PAUL ELCANO
CARYN STERNLIGHT
BOARD OF DIRECTORS OF WASHOE LEGAL
SERVICES
ZANDRA LOPEZ
SHANNON NORDSTROM, ESQ

V2.480

FILED
Electronically
12-16-2011:09:09:50 AM
Craig Franden
Clerk of the Court
Transaction # 2650162

V2.481

V2.482

V2.483

V2.484

V2.485

V2.486

V2.487

FILED
Electronically
12-16-2011:09:09:50 AM
Craig Franden
Clerk of the Court
Transaction # 2650162

V2.488

V2.489

V2.490

FILED
Electronically
12-16-2011:09:21:19 AM
Craig Franden
Clerk of the Court
Transaction # 2650226

V2.491

V2.492

V2.493

V2.494

V2.495

V2.496

V2.497

FILED
Electronically
12-16-2011:09:21:19 AM
Craig Franden
Clerk of the Court
Transaction # 2650226

V2.498

V2.499

V2.500