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
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-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?