Fairway Restaurant Equipment Contracting, Inc. v. Makino et al

Filing 33

ORDER Granting 26 Defendant Kaku Makino's Motion for Demand for Security of Costs. IT IS FURTHER ORDERED that Plaintiff shall provide security in the amount of $500 per Defendant no later than 8/25/2014. Signed by Magistrate Judge Nancy J. Koppe on 8/14/2014. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FAIRWAY RESTAURANT EQUIPMENT
CONTRACTING, INC.,

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Before the Court is Defendant Kaku Makino’s Demand for Security of Costs. Docket No.

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Plaintiff,

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vs.

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KAKU MAKINO, et al.,

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Defendants.

2:13-cv-02155-JCM-NJK

ORDER

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26. The Court has considered Defendant Makino’s Demand, Docket No. 26, Plaintiff Fairway

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Restaurant Equipment Contracting, Inc.’s Response, Docket No. 28, and Defendant Makino’s

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Reply, Docket No. 29. The Court finds that this motion is properly resolved without oral

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argument. See Local Rule 78-2.

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DISCUSSION
It is the policy of the United States District Court for the District of Nevada to enforce the

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requirements of NRS 18.130 in diversity actions. Feagins v. Trump Org., 2012 WL 925027, *1

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(D. Nev. Mar. 19, 2012); citing Hamar v. Hyatt Corp., 98 F.R.D. 305, 305–306 (D.Nev.1983);

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Arrambide v. St. Mary's Hosp., Inc., 647 F.Supp. 1148, 1149 (D.Nev.1986). Under Nevada law,

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“[w]hen a plaintiff in an action resides out of the State, or is a foreign corporation, security for

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the costs and charges which may be awarded against such plaintiff may be required by the

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defendant.” NRS 18.130(1). The present case is a diversity action and Plaintiff is a non-resident

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of this state. See Complaint, Docket No. 1, at 1. Therefore, Plaintiff is required to provide

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security in the amount of $500 per defendant, pursuant to NRS 18.130. See Feagins, 2012 WL

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925027, *1; see also Truck Ins. Exchange v. Tetzlaff, 683 F.Supp. 223, 227 (D.Nev.1988).

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CONCLUSION

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Based on the foregoing, and good cause appearing therefore,

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IT IS HEREBY ORDERED that Defendant Kaku Makino’s Demand for Security of

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Costs (Docket No. 26) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff shall provide security in the amount of $500
per Defendant no later than August 25, 2014.
DATED: August 14, 2014

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NANCY J. KOPPE
United States Magistrate Judge

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