Bank of America, N.A. v. Sunset Ridge Limited Homeowners Association et al

Filing 25

ORDER Granting Defendant SFR Investment Pool 1, LLC's 7 Motion for Demand for Security of Costs. Plaintiff shall post a security bond by no later than 06/28/2016. Signed by Magistrate Judge Nancy J. Koppe on 06/22/2016. (Copies have been distributed pursuant to the NEF - NEV)

Case 2:16-cv-00797-GMN-NJK Document 7 Filed 05/02/16 Page 1 of 3

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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., successor by
merger TO BAC HOME LOANS
SERVICING, LP, FKA COUNTRYWIDE
HOME LOANS SERVICING, LP,

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vs.

Case No. 2:16-cv-00797-GMN-NJK
SFR INVESTMENTS POOL 1, LLC’S
DEMAND FOR SECURITY OF COSTS
PURSUANT TO NRS 18.130(1)

Plaintiff,

SUNSET RIDGE LIMITED HOMEOWNERS
ASSOCIATION; SFR INVESTMENTS POOL
1, LLC; TERRA WEST COLLECTIONS
GROUP, LLC DBA ASSESSMENT
MANAGEMENT SERVICES,
Defendants.
SFR INVESTMENTS POOL 1, LLC (“SFR”) hereby demands that plaintiff BANK OF
AMERICA, N.A., successor by merger to BAC HOME LOANS SERVICING, LP, FKA
COUNTRYWIDE HOME LOANS SERVICING, LP, (“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
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Case 2:16-cv-00797-GMN-NJK Document 7 Filed 05/02/16 Page 2 of 3

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more persons, to the effect that they will pay such costs and charges as may be awarded against

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the plaintiff by judgment, or in the progress of the action . . . or the plaintiff may deposit $500 with

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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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Here, BANA, a subsidiary of Bank of America Corporation, a Delaware registered

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[phone] FAX [phone]

KIM GILBERT EBRON

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

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

corporation, is not a citizen of Nevada, but rather a national banking association with its

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

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

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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 May 2, 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

GRANTED. Plaintiff shall post a
security bond by no later than June
28, 2016. IT IS SO ORDERED.
Dated: June 22, 2016

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__________________________
________
_ ____
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United States Magistrate Judge
es Mag
es Magistrate

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