Bank of America, N.A. v. Lamplight Village at Centennial Springs Homeowners Association et al

Filing 74

ORDER granting 71 Motion for Release of Bond Obligation; Instructions due by 5/6/2020. Signed by Judge Gloria M. Navarro on 4/22/2020. (Copies have been distributed pursuant to the NEF, cc: Finance - JM)

Case 2:16-cv-00582-GMN-NJK Document 74 Filed 04/22/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BANK OF AMERICA, N.A.,
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)
)
Plaintiff,
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vs.
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)
LAMPLIGHT VILLAGE AT CENTENNIAL )
SPRINGS HOMEOWNERS ASSOCIATION, )
et al.,
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)
Defendants.
)

Case No.: 2:16-cv-00582-GMN-NJK
ORDER

Pending before the Court is Plaintiff Bank of America, N.A.’s (“BANA’s”) unopposed

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Motion for Release of Bond, (ECF No. 71). For the reasons discussed below, the Court

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GRANTS BANA’s Motion.

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BANA seeks release of its cost bond because, as the prevailing party, no costs may be

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awarded against it. (Mot. Release Bond 2:1–3, ECF No. 71). Under Nevada law, a defendant

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may demand that an out-of-state plaintiff post bond to provide “security for the costs and

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charges which may be awarded against such plaintiff.” NRS 18.130(1). The bond may be

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returned if the party posting bond will not be liable for any of the demanding party’s costs or

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charges arising from the case. See, e.g., Burnett v. Tufguy Prods., No. 2:08-cv-01335-GMN-

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RJJ, 2011 U.S. Dist. LEXIS 73991, 2011 WL 2680731, at *4 (D. Nev. July 7, 2011).

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Here, Defendant SFR Investments Pool 1, LLC (“SFR”) demanded that BANA post a

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cost bond, and the Court granted the parties’ Stipulation for BANA to post a $500.00 bond.

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(See Mot. Demand Security Costs, ECF No. 9); (Stip. Post Bond re Mot. Demand Security

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Costs, ECF No. 23); (Order Granting Mot. Demand Security Costs, ECF No. 24). On August

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27, 2019, the Court entered Judgment in favor of BANA and against SFR. (See Clerk’s

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Case 2:16-cv-00582-GMN-NJK Document 74 Filed 04/22/20 Page 2 of 2

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Judgment, ECF No. 69). As the prevailing party, costs may not be awarded against BANA. Cf.

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Fed. R. Civ. P. 54(d); NRS 18.160. Therefore, release of BANA’s bond is proper.

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Accordingly,

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IT IS HEREBY ORDERED that BANA’s Motion for Release of Bond, (ECF No. 71),

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is GRANTED.

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IT IS FURTHER ORDERED that, because BANA is represented by two separate law

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firms, counsel for BANA must jointly file with the Court instructions on sending bond and any

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accrued interest to Plaintiff by May 6, 2020. The joint filing shall include a completed W-9

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form to permit disbursement of funds.

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DATED this _____ day of April, 2020.

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___________________________________
Gloria M. Navarro, District Judge
United States District Court

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