Bank of America, N.A. v. Mesa Verde Homeowners Association et al

Filing 13

ORDER Granting Defendant SFR Investment Pool 1, LLC.'s 6 Motion for Demand for Security of Costs. IT IS FURTHER ORDERED that Plaintiff shall post a security bond in the amount of $500 within 14 days of the entry of this order. Signed by Judge James C. Mahan on 04/14/2016. (Copies have been distributed pursuant to the NEF - NEV)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

BANK OF AMERICA, N.A., et al.,

8
9
10
11

Case No. 2:16-CV-498 JCM (NJK)
Plaintiff(s),

ORDER

v.
MESA VERDE HOMEOWNERS
ASSOCIATION, et al.,
Defendant(s).

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

Presently before the court is defendant SFR Investments’ motion demanding security for
costs from plaintiff Bank of America. (Doc. #6). Plaintiff has not filed a response. Defendant
requests that the plaintiff be required to submit security for costs in the amount of $500 pursuant
to Nev. Rev. Stat 18.130.
The Ninth Circuit recognizes that “federal district courts have inherent power to require
plaintiffs to post security for costs.” Simulnet E. Associates v. Ramada Hotel Operating Co., 37
F.3d 573, 574 (9th Cir. 1994). A federal district court typically follows the forum state’s practice,
particularly when a party is a non-resident. See, e.g., § 2671 Security for Costs, 10 Fed. Prac. &
Proc. Civ. § 2671 (3d ed.). Nev. Rev. Stat.18.130 provides that the court may require an out-ofstate plaintiff to post a security of costs in an amount up to $500 upon a request by a defendant.
The court finds that it is appropriate to require that plaintiff post a security bond of $500 in
this matter.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, DECREED that defendant’s motion
demanding security of costs (doc. #6) be, and at the same time hereby are, GRANTED.

1
2

IT IS FURTHER ORDERED that plaintiff shall post a security bond in the amount of $500
within 14 days of the entry of this order.

3
4
5

DATED April 14, 2016.
__________________________________________
UNITED STATES DISTRICT JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-2-