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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 NATIONSTAR MORTGAGE LLC, 11 Plaintiff, 12 v. 13 Case No. 2:15-cv-01992-LDG (CWH) ORDER GIAVANNA HOMEOWNERS ASSOCIATION, et al., 14 Defendants. 15 16 And Related Cross-Claims and Counterclaims. 17 18 19 The plaintiff, Nationstar Mortgage LLC, and counter-defendant Bank of America, 20 N.A. (collectively the Banks), filed a Demand for Security of Costs Pursuant to NRS 21 18.130(1) (ECF No. 21) against defendant/counter-plaintiff SFR Investments Pool 1, LLC. 22 SFR Investments moves to strike the demand (ECF No. 29), which the Banks oppose (ECF 23 No. 33). 24 Pursuant to NRS 18.130: 25 26 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 1 2 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. 3 The Banks argue that SFR Investments Pool 1, LLC (which, in its complaint, Nationstar 4 alleged was a Nevada limited liability company) is an out-of-state resident, because it is 5 wholly owned by SFR Investments LLC, which is wholly owned by a Delaware limited 6 liability company, which is wholly owned by a Canadian limited partnership whose partners 7 are a Canadian corporation and a person dom iciled in South Africa. Assuming that 8 §18.130 applies to an entity who is brought into an action as a defendant, and then files a 9 counterclaim in that action, the Banks have not established that SFR Investments Pool 1 is 10 an entity that resides out of the State of Nevada. That SFR Investments Pool 1, LLC, may 11 not be a citizen of Nevada does not establish that it is not a resident of Nevada for 12 purposes of determining the application of §18.130. 13 Accordingly, 14 THE COURT ORDERS that SFR Investments Pool 1, LLC’s Motion to Strike (ECF 15 16 17 No. 29) is GRANTED; THE COURT ORDERS that the Motion for Demand of Security of Costs (ECF No. 21) is STRICKEN. 18 19 DATED this ______ day of March, 2017. 20 21 Lloyd D. George United States District Judge 22 23 24 25 26 2

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