Vexatious litigant order in absentia

2/2/23 Court hearing @ 11:15AM, not 10:55 AM

Minutes served @4:44Pm wrongly reported

“chambers” – not open court

“No parties present” – not Steven Scow for Plaintiff Red Rock and non-party Red Rock LLC and Vanessa Turley for Nationstar who were actually at the ex parte hearing

There were no minutes that any decisions were made on the three actions scheduled for hearing on February 2 at 10 AM

Tobin’s 1/03/23 motions were scheduled for decision in chamber without oral argument on 2/8/23, but were denied ex parte 2/2/23

Hyperlinks to documents

4/26/23Tobin Motion To Disqualify The Honorable Judge Jessica K. Peterson Pursuant to NRS 1.230, NCJC 2.11, NCJC 1.2, 2.2 (appearance of a lack of impartiality); (NCJC 2.9 (improper ex parte communications); NCJC 2.15 (C)(D) (improper response to allegations of judicial and lawyer misconduct); And NRCP 59(a)(1)(A) (irregularity in the proceedings) or (B)(misconduct of prevailing party) (C) (surprise)(ex parte vexatious litigant bench order in absentia and refusal to attach opposition to order) And/Or Relief from the order pursuant to NRCP 60(b)(1)(mistake – errors of law); NRCP 60(b)(3) (misrepresentation); NRCP 60(d)(3) (fraud on the court)
4/20/23Apr 20, 2023 at 3:14 PM Gmail Tobin to Court The response came back the next day saying that the Chief judge was only responsible for reviewing a filing if initiated a complaint, but any filing into the case was Dept. 8’s responsibility.
4/20/233.20 pm court ack so I resubmitted it to Dept 8 and predictably it has been ignored ever since.
4/19/234:00 PM Tobin to Clerk for Chief Judge ‘Could you please tell me if Judge Weise has seen this?
4/13/234/13/23 6:06 PM Gmail Court to Tobin Proposed Order has been submitted. my resubmission was immediately acknowledged by the court’s auto- responder, but nothing ever came from Dept. 8 after 3/28/23.
4/13/23on 4/13/23 I resubmitted the 4/5/23 corrections 230405 corrected 230323 I didn’t hear anything from the court from 4/523 to 4/13/23 so I re-submitted it and I can’t appeal this order without my opposition noted in the record more clearly,
4/5/23230405 3.52 PM Gmail to court entitled corrections to 3/28/23 order to attach opposition erroneously or intentionally omitted. The court ignored it . Did not respond corrected 230328 I re submitted a
4/5/23230405 original plus corrected order to attach my opposition is 52-pages. see the PNG .Sig pg. It shows the extreme difference in perspective between how I see this dispute and how Judge Peterson sees it. I see that my claims have never been heard on their merits and I am fighting constantly to get my evidence before a judge. Judge Peterson thinks I am judge beating a dead horse re-litigating the same old thing that I deserve to keep losing.
3/31/233/31/23 11:59 I submitted the first wo page I noticed were missing from the edited version of the order zi had submitted on 3/28/23 w my request for 30 days with the expectation that it would have been attached to the order as my opposition to the 1/9/23 order was attached to that and became the 1/1623 order. That didn’t happen in either case. The 3/28/23 order continued uncorrected proposed order
3/28/2023Order Declaring Nona Tobin a Vexatious Litigant, Order Denying Defendant Nona Tobin’s: (1) Motion to Withdraw Tobin’s Motion for Order to Show Cause why Written Findings of Attorney Misconduct Should no be Forwarded to the State Bar; (2) Moton to Withdraw Tobin’s Counter- Claims and Cross-Claims vs Red Rock, Nationstar and Wells Fargo/ (3) Motion to Modify Grounds for Tobin’s Petitions for Sanctions vs Red Rock and Nationstar to Include NRS 357.404(1)(A), and NRS 199.210, NRS 205.0824 and NRS 205.0833, and NRS 41.1395 and (4) Motion to Adopt Tobin’s Proposed Final Judgment Order and Order Denying Defendant Nona Tobin’s: Motion to Reconsider 1/16/23 Order and Renewed Motion to Strike Non-Party Red Rock Financial Services LLC’s Rogue Filings
3/28/2023Doc ID# 132 Notice of Entry of Order
3/28/2023Order Declaring Nona Tobin a Vexatious Litigant, Order Denying Defendant Nona Tobin’s: (1) Motion to Withdraw Tobin’s Motion for Order to Show Cause why Written Findings of Attorney Misconduct Should no be Forwarded to the State Bar; (2) Moton to Withdraw Tobin’s Counter- Claims and Cross-Claims vs Red Rock, Nationstar and Wells Fargo/ (3) Motion to Modify Grounds for Tobin’s Petitions for Sanctions vs Red Rock and Nationstar to Include NRS 357.404(1)(A), and NRS 199.210, NRS 205.0824 and NRS 205.0833, and NRS 41.1395 and (4) Motion to Adopt Tobin’s Proposed Final Judgment Order and Order Denying Defendant Nona Tobin’s: Motion to Reconsider 1/16/23 Order and Renewed Motion to Strike Non-Party Red Rock Financial Services LLC’s Rogue Filings
3/28/23230328 Gmail I sent an email to the court requesting 30 days to write an opposition considering that Scow got 50 days to draft an order that was imposed unfairly ex parte for no just cause. but I got no answer.
3/28/23230328 Gmail 11.02 The court acknowledged receipt that it was submitted to the dept. 8.
3/27/23I only had an opportunity to read through the proposed order on Monday and I used the MS word editor to track my comments, but I had guests visiting from out of the country.
3/24/202311:53AM Gmail from Steven Scow’s legal assistant giving me the proposed order out of the ex parte hearing that was delivered to the court at the same time. I didn’t open this Friday afternoon email until Monday since I expected I would have the normal ten days to review or oppose or sign off as to form and content as is standard practice under EDCR.
3/3/2023Doc ID# 129 Court Recorders Invoice for Transcript Ex parte 2/2/23 hearing
2/2/2023 recording fee and transcript
3/3/2023Doc ID# 130 Recorders Transcript of 2/2/23 ex parte unnoticed Hearing was added to court record on 3/3/23
3/3/2023Doc ID# 129 Court Recorders Invoice for Transcript Ex parte 2/2/23 hearing
2/2/2023 recording fee and transcript
3/3/2023Doc ID# 130 Recorders Transcript of 2/2/23 ex parte unnoticed Hearing was added to court record on 3/3/23
2/21/23Gmail Tobin to court submitting Tobin’s 12/19/22 MOSC pursuant to EDCR 2.20(e)
2/21/23Proposed order granting 12/19/22 MOSC pursuant to EDCR 2.20(e)
2/21/23Gmail Court to Tobin threatening an order to show cause why not to be held in contempt for submitting draft order per EDCR 2.23(b) granting 12/19/22 MOSC pursuant to EDCR 2.20(e)
2/21/23Gmail Tobin to court submitting Tobin’s 12/19/22 MOSC pursuant to EDCR 2.20(e)
2/21/23Proposed order granting 12/19/22 MOSC pursuant to EDCR 2.20(e)
2/21/23Gmail Tobin to Assistant Bar Counsel Pattee begging him to voluntarily lift the onerous requirement to get a court order with written findings before the State Bar Ethics & Disciplinary panels will investigate to enforce the rules of professional conduct. I tried to impress upon him that without the support of the State Bar and the other administrative enforcement agencies the citizens of Nevada do not have a chance in the courts against the big monied interests who pay attorneys who are willing to lie and cheat to win. I got no response. Not even an acknowledgement of receipt.
2/21/202310:41 AM Court to Tobin “The next submission into OIC will result in the court
issuing an order to show cause as to why you should not be held in contempt.”
2/21/23Gmail Court to Tobin threatening an order to show cause why not to be held in contempt for submitting draft order per EDCR 2.23(b) granting 12/19/22 MOSC pursuant to EDCR 2.20(e)
2/21/23Gmail 9:59 AM Tobin to court entitled “Order granting Tobin’s 1/19/22 MOSC pursuant to EDCR 2.20(e)” explaining that the court minutes say that the court denied my motion to withdraw the unopposed 12/19/22 MOSC
2/21/23Proposed order submitted pursuant to EDCR 2.23(b) to adopt as unopposed per EDCR 2.20(e) . there were no minutes that my 12/19/22 MOSC why written findings of attorney misconduct should not be forwarded to the State Bar was denied on 2/2/23
2/20/2023Doc ID# 128 Reply to Opposition
Tobin Reply in Opposition to Red Rock 2/16/23 Memo of Fees and Costs
2/16/23Gmail Scow to Tobin to say that court asked him to prepare the order from the 2/2/23 ex parte hearing
2/16/23Proposed order denying all Tobin’s motions even if unopposed
2/16/23Court returned Order without a reason specified
2/16/23Gmail Tobin to court resubmitting proposed order showing why not denying her motions was an abusive means to prevent appeal.
2/16/23Gmail court to Tobin resubmission returned within 20 minutes
2/16/2023Doc ID# 127 Memorandum of Costs and Disbursements
Red Rock Financial Services’ Memorandum of Costs and Disbursements as Supplement to Declaration of Steven B. Scow
2/15/2023Gmail from court returned Tobin’s proposed order as it had been denied ex parte
2/12/2023Doc ID# 126 Tobin Opposition To Scow Declaration ISO Attorney Fees
2/10/2023Gmail Tobin to DC8inbox and opposing counsels entitled “Order filed pursuant to EDCR 2.23(b)” as time to file written opposition had passed so pursuant to ECCR 2.23(b) I filed an order granting unopposed 6/27/22 and 1/23/22 motions (EDCR 2.20(e))
2/10/2023Proposed order filed granting unopposed 6/27/22 and 1/23/22 motions (EDCR 2.20(e))
2/2/2023Minutes published on the court website that were served See PNG 230202 4:44PM minutes notice served on the parties inaccurately describe Judge Peterson denied Tobin’s 1/03/23 four motions in chambers alone (scheduled to be decided on 2/8/23 by CNOH #114) when these motions were denied at an ex parte hearing held after I requested on 1/23/23 that it be vacated as moot. See PNG 230123 request to vacate. Why were Steven Scow or Vanessa Turley to be present when the RFJN about them were not on the docket, and Turley’s motion for Nationstar for a vexatious litigant restrictive order against me, filed on 1/24/23, shouldn’t have been considered without considering my opposition, that I timely filed, four hours after the ex parte hearing I didn’t know about. See Doc No. 125 filed 3:46p
2/2/2023Doc ID# 125 Tobin’s Reply to Nationstar’s Opposition and Vexatious Litigant Motion filed at 3:46 PM
2/2/2023Doc ID# 124 Declaration of Steven B. Scow in Support of Attorneys’ Fees Awarded to Red Rock Financial Services

Nationstar’s 1/24/23 motion for a vexatious litigant restrictive order was one sentence. My opposition was ignored. See #125.