NOTICE OF MOTION FOR RECONSIDERATION

Notice is hereby given that on the ____ day of January, 2022, at ___________ (am/pm), or as soon thereafter as Respondent can be heard, Respondent will bring on for hearing this Motion for Reconsideration. The Motion will be based on this Notice of Motion, the supporting memorandum served and filed herewith, on the records and file herein, and on such evidence as may be presented at the hearing of the Motion.

Dated this ___ day of January, 2022.

Respectfully Submitted,

___________________________________

Colleen Keating,

Respondent in pro per

MEMORANDUM IN SUPPORT OF MOTION FOR RECONSIDERATION

Pursuant to Rule 60(b) of the Nevada Rules of Civil Procedure and Rule 2.24 of the Rules of Practice for the Eighth Judicial District Court, Respondent, COLLEEN KEATING, respectfully requests this Honorable Court to reconsider its order of [DATE], and in support thereof avers as follows:

  1. Rule 60(b) of the Nevada Rules of Civil Procedure provides as follows: “On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or (6) any other reason that justifies relief.”
  2. Nev. R. Prac. Eight Jud. Dist. Ct. 2.24 states thus: “A party seeking reconsideration of a ruling of the court, other than any order that may be addressed by motion pursuant to NRCP 50(b), 52(b), 59 or 60, must file a motion for such relief within 14 days after service of written notice of the order or judgment unless the time is shortened or enlarged by order. A motion for rehearing or reconsideration must be served, noticed, filed and heard as is any other motion. A motion for reconsideration does not toll the 30 period for filing a notice of appeal from a final order or judgment.”
  3. Respondent seeks an order of reconsideration on the ground that Daniel Lay, the executor, stated that the sale of the subject property is necessary, when it’s not. He did not explain why it is necessary to sell the subject property. The sale of the property will be detrimental to Respondent.
  4. There exists a conflict of interest when Zac Holyoak acts as counsel for the administrator as well as counsel for Respondent. Respondent believe that Zac Holyoak cannot represent two parties with different interests in the same proceedings.

REASONS WHEREFORE, PREMISES CONSIDERED, Respondent respectfully requests this Honorable Court to reconsider its order of [DATE].

Dated this ___ day of January, 2022.

Respectfully Submitted,

___________________________________

Colleen Keating,

Respondent in pro per

VERIFICATION

I, COLLEEN KEATING, being duly sworn depose and say that I am the Respondent in the above entitled action, that I have read the foregoing Motion for Reconsideration and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this the _____ day of ____________________, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

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