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  • 8 30 12 Email To Coughlin From NVB McKenzie Re 8 30 12 Sua Sponte Order Authorizing Coughlin's Withdrawal

    Enviado por

    NevadaGadfly
    20 visualizações3 páginas
    vnvs 11 tr 26800 judge dorothy nash holmes canon 2, rule 2.14 canon 2, rule 2.15 bruce t beesley gessin cadle keller 05104 52639 05077 05078 62337 61383 61426 criminal contempt summary contempt nrs 22.030 ng12-0204 ng12-0435 ng12-0434 patrick o. king Coughlin's 1/30/12 Opposition in 2064 was attached to filings in the disciplinary matter and preserved the following: "Please see the undersigned's Declaration, under penalty of perjury attached hereto, concerning the following excerpt from the end of the audio record of the November 30th, 2011 Trial in RMC 11 CR 22176, which represents a completely true and accurate transcription (made from the CD of the Trial that the undersigned purchased from the RMC and taken from the file named: "[MCFTRB]_20111130-2033_01ccaf9f451ed090" ;...) Of what was said in open court, on the record, beginning at 8:33:11 pm on November 30th, 2011 in Judge Howard's court room: "JH: alright we are back on the record in regard to City v. Zachary Coughlin. I was admittedly remiss in not advising Mr. Coughlin of his right to appeal. We do want to take care of that now on the record. Mr. Coughlin, you have the right to appeal the decision of this Court. You can do so by filing a Notice of Appeal. Customarily, it's 10 days and thats, uh, I'm sure you are fully aware of that...What I am going to do is grant an extension to that statute in light of the fact that you will not be released from custody until December 3rd, so your 10 days will run effective December 3rd at 8 pm, so you will have 10 days from that date to file a Notice of Appeal with this Court, now once you file your Notice of Appeal there are several things that you will have to do, principal among those is to obtain a copy of the transcript at your expense. Once the transcript has been forwarded to the District Court, there is (page - 9 OPPOSITION TO MOTION TO DISMISS APPEAL) no Trial de novo, you are probably aware that the District Court judge will review the four corners of the transcript to determine, one, whether this court has made any legal errors that would justify a reversal of this matter or whether there is sufficient evidence within the transcript to justify the finding of guilt that I have made here today. Is there any questions at all with regard to the appeal process? ZC: The availability of a Stay, that I guess would go more towards the finding of Contempt? Um, when you say "appeal process" are you referring to...? JH: The filing of appeal in regard to the petit theft. ZC: Not in regard to the Contempt? JH: No, thats a summary proceeding and we are going to go forward with that. One thing that I will say in regard to the petit theft Trial and subsequent sentencing, however, its my recollection, improperly, that you had failed to appear at the previous proceeding, and that's not correct, uh, there was another reason as to why we were unable to proceed, so I am going to delete the 24 hours of community service, the fine of $360 will stand. Alright, any other questions involving the Appeal process? ZC: Yes, to the extent my law practice's clients, that their cases will be unduly prejudiced by your incarcerating me right now... JH: I am standing by that and I wish you would have thought about that after each admonishment that I gave you during the Trial. ZC: You are saddened by that. JH: We are in recess. " (Commotion of Marshals can be heard and the audio recording of the record of the Trial ends)." Coughlin's 1/30/12 Opposition in 2064 was attached to filings in the disciplinary matter and preserved the following: "Please see the undersigned's Declaration, under penalty of perjury attached hereto, concerning the following excerpt from the end of the audio record of the November 30th, 2011 Trial in RMC 11 CR 22176, which represents a completely true and accurate transcription (made from the CD of the Trial that the undersigned purchased from the RMC and taken from the file named: "[MCFTRB]_2011113

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    8 30 12 Email to Coughlin From NVB McKenzie Re 8 30 12 Sua Sponte Order Authorizing Coughlin's Withdrawal

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    vnvs 11 tr 26800 judge dorothy nash holmes canon 2, rule 2.14 canon 2, rule 2.15 bruce t beesley gessin cadle keller 05104 52639 05077 05078 62337 61383 61426 criminal contempt summary contempt nrs 22.030 ng12-0204 ng12-0435 ng12-0434 patrick o. king Coughlin's 1/30/12 Opposition in 2064 was attached to filings in the disciplinary matter and preserved the following: "Please see the undersigned's Declaration, under penalty of perjury attached hereto, concerning the following excerpt from the end of the audio record of the November 30th, 2011 Trial in RMC 11 CR 22176, which represents a completely true and accurate transcription (made from the CD of the Trial that the undersigned purchased from the RMC and taken from the file named: "[MCFTRB]_20111130-2033_01ccaf9f451ed090" ;...) Of what was said in open court, on the record, beginning at 8:33:11 pm on November 30th, 2011 in Judge Howard's court room: "JH: alright we are back on the record in regard to City v. Zachary Coughlin. I was admittedly remiss in not advising Mr. Coughlin of his right to appeal. We do want to take care of that now on the record. Mr. Coughlin, you have the right to appeal the decision of this Court. You can do so by filing a Notice of Appeal. Customarily, it's 10 days and thats, uh, I'm sure you are fully aware of that...What I am going to do is grant an extension to that statute in light of the fact that you will not be released from custody until December 3rd, so your 10 days will run effective December 3rd at 8 pm, so you will have 10 days from that date to file a Notice of Appeal with this Court, now once you file your Notice of Appeal there are several things that you will have to do, principal among those is to obtain a copy of the transcript at your expense. Once the transcript has been forwarded to the District Court, there is (page - 9 OPPOSITION TO MOTION TO DISMISS APPEAL) no Trial de novo, you are probably aware that the District Court judge will review the four corners of the transcript to determine, one, whether this court has made any legal errors that would justify a reversal of this matter or whether there is sufficient evidence within the transcript to justify the finding of guilt that I have made here today. Is there any questions at all with regard to the appeal process? ZC: The availability of a Stay, that I guess would go more towards the finding of Contempt? Um, when you say "appeal process" are you referring to...? JH: The filing of appeal in regard to the petit theft. ZC: Not in regard to the Contempt? JH: No, thats a summary proceeding and we are going to go forward with that. One thing that I will say in regard to the petit theft Trial and subsequent sentencing, however, its my recollection, improperly, that you had failed to appear at the previous proceeding, and that's not correct, uh, there was another reason as to why we were unable to proceed, so I am going to delete the 24 hours of community service, the fine of $360 will stand. Alright, any other questions involving the Appeal process? ZC: Yes, to the extent my law practice's clients, that their cases will be unduly prejudiced by your incarcerating me right now... JH: I am standing by that and I wish you would have thought about that after each admonishment that I gave you during the Trial. ZC: You are saddened by that. JH: We are in recess. " (Commotion of Marshals can be heard and the audio recording of the record of the Trial ends)." Coughlin's 1/30/12 Opposition in 2064 was attached to filings in the disciplinary matter and preserved the following: "Please see the undersigned's Declaration, under penalty of perjury attached hereto, concerning the following excerpt from the end of the audio record of the November 30th, 2011 Trial in RMC 11 CR 22176, which represents a completely true and accurate transcription (made from the CD of the Trial that the undersigned purchased from the RMC and taken from the file named: "[MCFTRB]_2011113

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    Baixe no formato PDF, TXT ou leia online no Scribd
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    20 visualizações3 páginas

    8 30 12 Email To Coughlin From NVB McKenzie Re 8 30 12 Sua Sponte Order Authorizing Coughlin's Withdrawal

    Enviado por

    NevadaGadfly
    vnvs 11 tr 26800 judge dorothy nash holmes canon 2, rule 2.14 canon 2, rule 2.15 bruce t beesley gessin cadle keller 05104 52639 05077 05078 62337 61383 61426 criminal contempt summary contempt nrs 22.030 ng12-0204 ng12-0435 ng12-0434 patrick o. king Coughlin's 1/30/12 Opposition in 2064 was attached to filings in the disciplinary matter and preserved the following: "Please see the undersigned's Declaration, under penalty of perjury attached hereto, concerning the following excerpt from the end of the audio record of the November 30th, 2011 Trial in RMC 11 CR 22176, which represents a completely true and accurate transcription (made from the CD of the Trial that the undersigned purchased from the RMC and taken from the file named: "[MCFTRB]_20111130-2033_01ccaf9f451ed090" ;...) Of what was said in open court, on the record, beginning at 8:33:11 pm on November 30th, 2011 in Judge Howard's court room: "JH: alright we are back on the record in regard to City v. Zachary Coughlin. I was admittedly remiss in not advising Mr. Coughlin of his right to appeal. We do want to take care of that now on the record. Mr. Coughlin, you have the right to appeal the decision of this Court. You can do so by filing a Notice of Appeal. Customarily, it's 10 days and thats, uh, I'm sure you are fully aware of that...What I am going to do is grant an extension to that statute in light of the fact that you will not be released from custody until December 3rd, so your 10 days will run effective December 3rd at 8 pm, so you will have 10 days from that date to file a Notice of Appeal with this Court, now once you file your Notice of Appeal there are several things that you will have to do, principal among those is to obtain a copy of the transcript at your expense. Once the transcript has been forwarded to the District Court, there is (page - 9 OPPOSITION TO MOTION TO DISMISS APPEAL) no Trial de novo, you are probably aware that the District Court judge will review the four corners of the transcript to determine, one, whether this court has made any legal errors that would justify a reversal of this matter or whether there is sufficient evidence within the transcript to justify the finding of guilt that I have made here today. Is there any questions at all with regard to the appeal process? ZC: The availability of a Stay, that I guess would go more towards the finding of Contempt? Um, when you say "appeal process" are you referring to...? JH: The filing of appeal in regard to the petit theft. ZC: Not in regard to the Contempt? JH: No, thats a summary proceeding and we are going to go forward with that. One thing that I will say in regard to the petit theft Trial and subsequent sentencing, however, its my recollection, improperly, that you had failed to appear at the previous proceeding, and that's not correct, uh, there was another reason as to why we were unable to proceed, so I am going to delete the 24 hours of community service, the fine of $360 will stand. Alright, any other questions involving the Appeal process? ZC: Yes, to the extent my law practice's clients, that their cases will be unduly prejudiced by your incarcerating me right now... JH: I am standing by that and I wish you would have thought about that after each admonishment that I gave you during the Trial. ZC: You are saddened by that. JH: We are in recess. " (Commotion of Marshals can be heard and the audio recording of the record of the Trial ends)." Coughlin's 1/30/12 Opposition in 2064 was attached to filings in the disciplinary matter and preserved the following: "Please see the undersigned's Declaration, under penalty of perjury attached hereto, concerning the following excerpt from the end of the audio record of the November 30th, 2011 Trial in RMC 11 CR 22176, which represents a completely true and accurate transcription (made from the CD of the Trial that the undersigned purchased from the RMC and taken from the file named: "[MCFTRB]_2011113

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    Re: attached attempted to file atty Motion to Withdraw on cm/ecf, but could not

    From: Tracy_McKenzie@nvb.uscourts.gov
    Sent: Thu 8/30/12 11:05 AM
    To: Zach Coughlin (zachcoughlin@hotmail.com)
    Cc: bob.keller@yahoo.com (bob.keller@yahoo.com); debbie_gallagher@nvb.uscourts.gov;
    keith_tierney@7trustee.net; moxrou@gmail.com; nv30@ecfbis.com; patriciah@bankruptcylg.com;
    usbc_nevada@nvb.uscourts.us
    1 attachment
    pic26500.jpg (10.8 KB)
    Mr. Coughlin,
    A Sua Sponte Order Authorizing Withdrawal of Counsel of Record was entered
    on 8/30/12 in the underlying bankruptcy case #10-52639, as well as the
    adversary case #10-05104. Your representation of Mr. Keller has been
    terminated.
    If you have any further questions, please contact me.
    (Embedded image moved to file: pic26500.jpg)Seal
    Tracy McKenzie
    Law Clerk
    U.S. Bankruptcy Court
    District of Nevada
    (775)326-2134
    Web:http://www.nvb.uscourts.gov/
    From: Zach Coughlin <zachcoughlin@hotmail.com>
    To: <tracy_mckenzie@nvb.uscourts.gov>,
    <keith_tierney@7trustee.net>, <nv30@ecfbis.com>,
    <debbie_gallagher@nvb.uscourts.gov>, <moxrou@gmail.com>,
    "bob.keller@yahoo.com" <bob.keller@yahoo.com>,
    <patriciah@bankruptcylg.com>, <bruce_beesley@nvb.uscourts.gov>,
    <usbc_nevada@nvb.uscourts.us>, <btb_cd@nvb.uscourts.gov>
    Date: 08/28/2012 05:01 PM
    Subject: attached attempted to file atty Motion to Withdraw on cm/ecf,
    but could not
    Dear Hon. Judge Beesley, NVB et al,
    I apologize in advance if it is poor form to email this, but given the
    particulars of this situation, I am unsure how else to proceed.
    I attempted to file the attached Motion on August 20th, 2012 via the NVB
    em/ecf system and was under the belief that I sent this email at that time
    when I was unable to submit such a filing. At that time, it appeared the
    only thing I was able to do on the em/ecf system was submit a proposed
    Order, and I did so, though the Propsed Order, as I recall, essentially
    consisted of the attached document. At that time, however, I was under the
    belief that I had also email in this document to the NVB, my then client,
    and opposing counsel, and the Trustee. Hopefully the em/ecf system has
    maintained some record that I attempted to submit the attached document,
    even if as a proposed Order, on August 20th, 2012.
    I called the EM/ECF system today and was informed that I would need to
    paper filed such a Motion to Wtihdraw. I attended the hearing today and
    Judge Beesley indicated he would grant my withdraw. I am submitting this
    now just for further proof that I did attempt to withdraw (hopefully the
    em/ecg system will have record of this, as I did submit this document as a
    "Proposed Order" given I did not know what else to do and time was of the
    essence.
    Given the Order/indication Judge Beesley made in Court today, ie, that he
    would or was granting my Withdrawal from the Case, much of the content of
    the attached attempted filing is, of course, irrelevant now, but I am
    submitting it at this time to guard against any appearance that I was
    attempting to continue to practice law while my Nevada law license is
    temporarily suspended, though the content of the attached attempted filing
    does set forthe the state of American jurisprudence as to the
    permissibility of just that situation.
    Apparently, I was mistaken in thing I sent this via email, as I found this
    email (minus these recent notes) in my drafts, folder... Upon further
    review, I note that the caption on this document is in error, but the
    document title underneath the caption is correct.
    please find attached a Motion to Withdraw as Mr. Keller's Attorney of
    Record that I was unable to get accepted for filing on the cm/ecf system.
    Sincerely
    Zach Coughlin
    Nevada Bar No: 9473 (suspended), USPTO license still in effect
    PO BOX 3961
    Reno, NV 89505
    Tel 775 338 8118
    Fax 949 667 7402
    ZachCoughlin@hotmail.com[attachment "FINAL FINAL WITHDRAW MOTION
    KELLER.pdf" deleted by Tracy McKenzie/NVB/09/USCOURTS]

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