Nationstar Mortgage, LLC v. Giavanna Homeowners Association et al

Filing 91

ORDER granting 29 Motion to Strike 21 Motion for Demand for Security of Costs. Signed by Judge Lloyd D. George on 3/21/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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NATIONSTAR MORTGAGE LLC,

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Plaintiff,

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v.

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Case No. 2:15-cv-01992-LDG (CWH)
ORDER

GIAVANNA HOMEOWNERS
ASSOCIATION, et al.,

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Defendants.
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And Related Cross-Claims and
Counterclaims.

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The plaintiff, Nationstar Mortgage LLC, and counter-defendant Bank of America,
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N.A. (collectively the Banks), filed a Demand for Security of Costs Pursuant to NRS
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18.130(1) (ECF No. 21) against defendant/counter-plaintiff SFR Investments Pool 1, LLC.
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SFR Investments moves to strike the demand (ECF No. 29), which the Banks oppose (ECF
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No. 33).
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Pursuant to NRS 18.130:
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When a plaintiff in an action resides out of the State, or is a foreign
corporation, security for the costs and charges which may be awarded

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against such plaintiff may be required by the defendant, by the filing and
service on plaintiff of a written demand therefor within the time limited for
answering the complaint.

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The Banks argue that SFR Investments Pool 1, LLC (which, in its complaint, Nationstar

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alleged was a Nevada limited liability company) is an out-of-state resident, because it is

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wholly owned by SFR Investments LLC, which is wholly owned by a Delaware limited

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liability company, which is wholly owned by a Canadian limited partnership whose partners

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are a Canadian corporation and a person dom iciled in South Africa. Assuming that

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§18.130 applies to an entity who is brought into an action as a defendant, and then files a

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counterclaim in that action, the Banks have not established that SFR Investments Pool 1 is

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an entity that resides out of the State of Nevada. That SFR Investments Pool 1, LLC, may

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not be a citizen of Nevada does not establish that it is not a resident of Nevada for

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purposes of determining the application of §18.130.

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Accordingly,

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THE COURT ORDERS that SFR Investments Pool 1, LLC’s Motion to Strike (ECF

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No. 29) is GRANTED;
THE COURT ORDERS that the Motion for Demand of Security of Costs (ECF No.
21) is STRICKEN.

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DATED this ______ day of March, 2017.

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Lloyd D. George
United States District Judge

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