Bank of America, N.A. v. Elkhorn Community Association et al

Filing 32

ORDER. IT IS HEREBY ORDERED that Defendant SFR's Demand for Security of Costs 27 is Granted in part and Denied in part. IT IS FURTHER ORDERED that Plaintiff shall provide security in the amount of $500, as to Defendant SFR, no late r than January 28, 2017. IT IS FURTHER ORDERED that Defendant SFR's request for a stay of proceedings pending the posting of security is Denied. Signed by Magistrate Judge Nancy J. Koppe on 01/09/2017. (Copies have been distributed pursuant to the NEF - NEV)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BANK OF AMERICA, N.A.,

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Plaintiff,
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vs.
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ELKHORN COMMUNITY ASSOCIATION, et al., )
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Defendants.
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2:16-cv-00524-RFB-NJK

ORDER
(Docket No. 27)

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Pending before the Court is Defendant SFR Investments Pool 1, LLC’s (“SFR”) Demand for

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Security of Costs. Docket No. 27. Plaintiff filed a limited non-opposition to SFR’s demand. Docket

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No. 31. The Court finds that this motion is properly resolved without oral argument. See Local Rule

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78-1.

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DISCUSSION

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

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requirements of NRS 18.130 in diversity actions. Feagins v. Trump Org., 2012 WL 925027, *1 (D.

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Nev. Mar. 19, 2012); citing Hamar v. Hyatt Corp., 98 F.R.D. 305, 305–306 (D.Nev.1983);

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Arrambide v. St. Mary's Hosp., Inc., 647 F.Supp. 1148, 1149 (D.Nev.1986). Under Nevada law,

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“[w]hen a plaintiff in an action resides out of the State, or is a foreign corporation, security for the

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costs and charges which may be awarded against such plaintiff may be required by the defendant.”

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NRS 18.130(1). The present case is a diversity action and Plaintiff is a non-resident of this state. See

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Complaint, Docket No. 1, at ¶ 2. Therefore, Plaintiff is required to provide security in the amount

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of $500 per defendant, pursuant to NRS 18.130. See Feagins, 2012 WL 925027, *1.

CONCLUSION

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Based on the foregoing, and good cause appearing therefore,

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IT IS HEREBY ORDERED that Defendant SFR’s Demand for Security of Costs (Docket

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No. 27) is GRANTED in part and DENIED in part.
IT IS FURTHER ORDERED that Plaintiff shall provide security in the amount of $500, as
to Defendant SFR, no later than January 28, 2017.
IT IS FURTHER ORDERED that Defendant SFR’s request for a stay of proceedings pending
the posting of security is DENIED.
DATED: January 9, 2017.

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NANCY J. KOPPE
NCY KOPPE
OPP
PPE
ed
s Magistrate
Ma st
United States Magistrate Judge

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