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