Ventrella v. Trump Ruffin Tower I, LLC dba Trump International Hotel Las Vegas

Filing 14

ORDER Denying as moot 6 Motion for Demand for Security of Costs. Signed by Magistrate Judge Carl W. Hoffman on 9/6/2012. (Copies have been distributed pursuant to the NEF - SLR)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6
7
8
9
10
11
12

KENNETH VENTRELLA,

)
)
Plaintiff,
)
)
vs.
)
)
TRUMP RUFFIN TOWER I, LLC, d/b/a/
)
TRUMP INTERNATIONAL HOTEL
)
LAS VEGAS,
)
)
Defendant.
)
__________________________________________)

Case No. 2:12-cv-01450-LRH-CWH
ORDER

13
This matter is before the Court on Defendant’s Demand for Cost Bond (#6), filed August
14
15, 2012. Plaintiff initially filed his complaint in state court on May 18, 2012. After service,
15
Defendant removed the matter to this court pursuant to 28 U.S.C. §§ 1332 and 1441. Plaintiff is
16
seeking damages for injuries allegedly sustained while on Defendant’s premises. By way of this
17
motion, Defendant seeks an order requiring Plaintiff to post a non-resident cost bond pursuant to
18
Nevada Revised Statutes (“NRS”) 18.130.
19
The Federal Rules of Civil Procedure do not contain a provision relating to security of
20
costs. Nevertheless, it has long been the policy of the United States District Court for the District
21
of Nevada to enforce the requirements of NRS 18.130. Feagins v. Trump Organization, 2012 WL
22
925027 (D. Nev.) (citing Hamar v. Hyatt Corp., 98 F.R.D. 305, 305-06 (D. Nev. 1983); Arrambide
23
v. St. Mary’s Hosp., Inc., 647 F. Supp 1148, 1149 (D. Nev. 1986)). The requirement to provide
24
security in the amount of $500 per defendant applies to each plaintiff, unless the plaintiff can
25
demonstrate indigence. See Truck Ins. Exchange v. Tetzlaff, 683 F. Supp. 223, 227 (D. Nev. 1988)
26
(citing Arrambide, 647 F. Supp. 1148-49). Here, Plaintiff filed an adequate security bond in
27
response to Defendant’s motion. See Pl.’s Resp. (#13). Consequently, the Court finds that
28
Defendant’s request, though appropriate, is now moot.

1

Based on the foregoing and good cause appearing therefore,

2

IT IS HEREBY ORDERED that Defendant’s Demand for Cost Bond (#6) is denied as

3
4

moot.
DATED this 6th day of September, 2012.

5
6
7

______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2