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)

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Case 2:16-cv-00797-GMN-NJK Document 7 Filed 05/02/16 Page 1 of 3 1 2 3 4 5 6 7 8 9 DIANA CLINE EBRON, ESQ. Nevada Bar No. 10580 E-mail: diana@kgelegal.com JACQUELINE A. GILBERT, ESQ. Nevada Bar No. 10593 E-mail: jackie@kgelegal.com KAREN L. HANKS, ESQ. Nevada Bar No. 9578 E-mail: karen@kgelegal.com KIM GILBERT EBRON fka Howard Kim & Associates 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139 Telephone: (702) 485-3300 Facsimile: (702) 485-3301 Attorneys for SFR Investments Pool 1, LLC UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 12 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 11 13 BANK OF AMERICA, N.A., successor by merger TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING, LP, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -1- Case 2:16-cv-00797-GMN-NJK Document 7 Filed 05/02/16 Page 2 of 3 1 more persons, to the effect that they will pay such costs and charges as may be awarded against 2 the plaintiff by judgment, or in the progress of the action . . . or the plaintiff may deposit $500 with 3 the clerk of the court.” Id. “After the lapse of 30 days from the service of notice that security is 4 required, or of an order for new or additional security, upon proof thereof, and that no undertaking 5 as required has been filed, the court or judge may order the action to be dismissed.” NRS 6 18.130(4). 7 “It is the policy of the United States District Court for the District of Nevada to enforce 8 the requirements of NRS 18.130 in diversity actions.” Feagins v. Trump Organization, 2012 WL 9 925027 (D. Nev.)(citing Hamar v. Hyatt Corp., 98 F.R.D. 305, 305-6 (D. Nev. 1983); Arrambide 10 Here, BANA, a subsidiary of Bank of America Corporation, a Delaware registered 12 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 11 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 13 headquarters in North Carolina. Accordingly, SFR demands that the Bank post a $500 cost bond 14 within 30 days and that the proceedings be stayed until such cost bond is posted. Should the 15 Bank fail to comply with the requirements of NRS 18.130 within 30 days, SFR requests this 16 action be dismissed. 17 DATED May 2, 2016. KIM GILBERT EBRON 18 19 20 21 /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 22 23 24 __________________________ ________ _ ____ ___ ________ United States Magistrate Judge es Mag es Magistrate 25 26 27 28 -2-

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