Nationstar Mortgage, LLC v. Giavanna Homeowners Association et al

Filing 15

ORDER Granting SFR Investments Pool 1, LLC's 14 Motion for Demand for Security of Costs. Plaintiff Nationstar Mortgage LLC shall post a $500 cost bond within 30 days and that the proceedings are stayed until such cost bond is posted. Signed by Judge Lloyd D. George on 5/5/2016. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:15-cv-01992-LDG-CWH Document 14 Filed 05/04/16 Page 1 of 3

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DIANA CLINE EBRON, ESQ.
Nevada Bar No. 10580
E-mail: [e-mail]
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
E-mail: [e-mail]
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
E-mail: [e-mail]
KIM GILBERT EBRON
fka Howard Kim & Associates
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Telephone: [phone]
Facsimile: [phone]
Attorneys for SFR Investments Pool 1, LLC
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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NATIONSTAR MORTGAGE LLC,

Case No. 2:15-cv-01992-LDG-CWH

Plaintiff,

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vs.

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GIAVANNA HOMEOWNERS
ASSOCIATION; SFR INVESTMENTS POOL
1, LLC; DOE INDIVIDUALS I-X, inclusive,
and ROE CORPORATIONS I-X, inclusive

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SFR INVESTMENTS POOL 1, LLC’S
DEMAND FOR SECURITY OF COSTS
PURSUANT TO NRS 18.130(1)

Defendants.

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SFR INVESTMENTS POOL 1, LLC (“SFR”) hereby demands that plaintiff
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NATIONSTAR, (“Nationstar” or “Bank”), an out-of-state resident, post a cost bond pursuant to
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NRS 18.130(1).
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In Nevada, if a plaintiff resides outside of Nevada or is a foreign corporation, like the Bank,
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“security for the costs and charges which may be awarded against such plaintiff may be required
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by defendant, by the filing and service on plaintiff of a written demand within the time limited for
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answering the complaint.” NRS 18.130(1). When a defendant demands a cost bond, “all
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proceedings in the action shall be stayed” until plaintiff files “an undertaking, executed by two or
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more persons, to the effect that they will pay such costs and charges as may be awarded against
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the plaintiff by judgment, or in the progress of the action . . . or the plaintiff may deposit $500 with
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the clerk of the court.” Id. “After the lapse of 30 days from the service of notice that security is
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Case 2:15-cv-01992-LDG-CWH Document 14 Filed 05/04/16 Page 2 of 3

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required, or of an order for new or additional security, upon proof thereof, and that no undertaking

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as required has been filed, the court or judge may order the action to be dismissed.” NRS

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18.130(4).

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

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the requirements of NRS 18.130 in diversity actions.” Feagins v. Trump Organization, 2012 WL

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925027 (D. Nev.)(citing Hamar v. Hyatt Corp., 98 F.R.D. 305, 305-6 (D. Nev. 1983); Arrambide

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v. St. Mary’s Hosp., Inc., 647 F.Supp. 1148, 1149 (D. Nev. 1986).)

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Here, Nationstar, is not a citizen of Nevada, but rather is a Delaware limited liability
company with its headquarters in Texas. Accordingly, SFR demands that the Bank post a $500

Should the Bank fail to comply with the requirements of NRS 18.130 within 30 days, SFR

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[phone] FAX [phone]

KIM GILBERT EBRON

cost bond within 30 days and that the proceedings be stayed until such cost bond is posted.

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7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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requests this action be dismissed.

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DATED May 4, 2016.
KIM GILBERT EBRON

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/s/ Diana Cline Ebron
DIANA CLINE EBRON, ESQ.
Nevada Bar No. 10580
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Attorneys for SFR Investments Pool 1, LLC

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ORDER

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IT IS SO ORDERED.
DATED this _____ day of May 2016.

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__________________________________
Lloyd D. George
Sr. U.S. District Judge

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