Bank of America, N.A. v. Madeira Canyon Homeowners' Association et al

Filing 13

ORDER Granting 7 Motion for Demand for Security of Costs. Plaintiff Bank of America, N.A. shall post a cost bond of $500.00 or make a cash deposit of $500.00 with the Clerk of Court within seven days of this Order. Signed by Judge Richard F. Boulware, II on 05/03/2016. (Copies have been distributed pursuant to the NEF - NEV)

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DIANA CLINE EBRON, ESQ.
Nevada Bar No. 10580
E-mail: [e-mail]
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
E-mail: [e-mail]
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
E-mail: [e-mail]
KIM GILBERT EBRON
fka Howard Kim & Associates
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Telephone: [phone]
Facsimile: [phone]
Attorneys for SFR Investments Pool 1, LLC
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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BANK OF AMERICA, N.A.,

Case No. 2:16-cv-00656-RFB-CWH

Plaintiff,

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vs.

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SFR INVESTMENTS POOL 1, LLC’S
DEMAND FOR SECURITY OF COSTS
PURSUANT TO NRS 18.130(1)

MADEIRA CANYON HOMEOWNERS’
ASSOCIATION; NEVADA ASSOCIATION
SERVICES, INC.; and SFR INVESTMENTS
POOL 1, LLC; and

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Defendants.
SFR INVESTMENTS POOL 1, LLC (“SFR”) hereby demands that plaintiff BANK OF
AMERICA, N.A., (“BANA” or “Bank”), an out-of-state resident, post a cost bond pursuant to
NRS 18.130(1).
In Nevada, if a plaintiff resides outside of Nevada or is a foreign corporation, like the Bank,
“security for the costs and charges which may be awarded against such plaintiff may be required
by defendant, by the filing and service on plaintiff of a written demand within the time limited for
answering the complaint.” NRS 18.130(1). When a defendant demands a cost bond, “all
proceedings in the action shall be stayed” until plaintiff files “an undertaking, executed by two or
more persons, to the effect that they will pay such costs and charges as may be awarded against
the plaintiff by judgment, or in the progress of the action . . . or the plaintiff may deposit $500 with
the clerk of the court.” Id. “After the lapse of 30 days from the service of notice that security is
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required, or of an order for new or additional security, upon proof thereof, and that no undertaking

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as required has been filed, the court or judge may order the action to be dismissed.” NRS

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18.130(4).

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

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the requirements of NRS 18.130 in diversity actions.” Feagins v. Trump Organization, 2012 WL

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925027 (D. Nev.)(citing Hamar v. Hyatt Corp., 98 F.R.D. 305, 305-6 (D. Nev. 1983); Arrambide

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v. St. Mary’s Hosp., Inc., 647 F.Supp. 1148, 1149 (D. Nev. 1986).)

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Here, BANA, a subsidiary of Bank of America Corporation, a Delaware registered
corporation, is not a citizen of Nevada, but rather a national banking association with its

within 30 days and that the proceedings be stayed until such cost bond is posted. Should the

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[phone] FAX [phone]

KIM GILBERT EBRON

headquarters in North Carolina. Accordingly, SFR demands that the Bank post a $500 cost bond

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7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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Bank fail to comply with the requirements of NRS 18.130 within 30 days, SFR requests this

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action be dismissed.

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DATED April 18, 2016.
KIM GILBERT EBRON

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/s/ Diana Cline Ebron
DIANA CLINE EBRON, ESQ.
Nevada Bar No. 10580
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Attorneys for SFR Investments Pool 1, LLC

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IT IS SO ORDERED:

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__________________________
___________________
RICHARD F BOULWAR II
CHARD F. BOULWARE,
United States District Judge

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CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that on this 18th day of April 2016, pursuant to FRCP 5, I served via the

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CM-ECF electronic filing system the foregoing SFR INVESTMENTS POOL 1, LLC’S

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DEMAND FOR SECURITY OF COSTS PURSUANT TO NRS 18.130(1), to the following

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parties:

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Ariel E. Stern
Natalie L. Winslow
Akerman LLP
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
[phone]
Email: [e-mail]
Email: [e-mail]

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[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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Counsel for BANK OF AMERICA, N.A.

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/s/ Alan G. Harvey
An employee of KIM GILBERT EBRON

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