McClure et al v. Narconon Fresh Start et al

Filing 10

ORDER Granting 8 Defendants' Motion for Demand for Security of Costs. Plaintiffs shall file an affidavit of surety or, alternatively, post a security bond in compliance with NRS 18.130 by Monday, August 4, 2014. Signed by Magistrate Judge Carl W. Hoffman on 8/4/2014. (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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RONALD MCCLURE, et al.,

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Plaintiff,
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vs.
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NARCONON FRESH START d/b/a
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RAINBOW CANYON RETREAT, et al.,
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Defendants.
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__________________________________________)

Case No. 2:14-cv-00995-JCM-CWH
ORDER

This matter is before the Court on Defendants’ Motion for Cost Bond (#8), filed July 17,

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2014. Defendants seek an order requiring Plaintiff to post a non-resident cost bond pursuant to

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Nevada Revised Statute (“NRS”) 18.130(1).

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The Federal Rules of Civil Procedure do not contain a provision relating to security of

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costs. Nevertheless, it has long been the policy of this Court to enforce the requirements of NRS

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18.130. Feagins v. Trump Organization, 2012 WL 925027 (D. Nev.) (citing Hamar v. Hyatt Corp.,

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98 F.R.D. 305, 305-06 (D. Nev. 1983); Arrambide v. St. Mary’s Hosp., Inc., 647 F. Supp 1148,

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1149 (D. Nev. 1986)). The statute requires a non-resident plaintiff to submit an affidavit that it will

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pay any costs and charges that may be awarded up to $500.00. In lieu of filing the affidavit, the

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non-resident plaint may post a $500.00 bond with the court clerk. Absent a showing of indigence,

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the requirement to provide security in the amount of $500 per defendant applies to each non-

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resident plaintiff. See Truck Ins. Exchange v. Tetzlaff, 683 F. Supp. 223, 227 (D. Nev. 1988)

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(citing Arrambide, 647 F. Supp. 1148-49). In conformity with NRS 18.130(1), Defendant has filed

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and served its written demand for security costs. Plaintiffs shall have until Monday, August 4,

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2014 to comply with the request or seek relief due to indigence. Failure to do so may result in

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dismissal of the action under NRS 18.130(4).
Based on the foregoing and good cause appearing therefore,

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IT IS HEREBY ORDERED that Defendants’ Motion for Cost Bond (#8) is granted.

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Plaintiffs shall file an affidavit of surety or, alternatively, post a security bond in compliance with

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NRS 18.130 by Monday, August 4, 2014.

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DATED: June 30, 2014.

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

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