Bank of America, N.A. v. Sonrisa Homeowners Association et al

Filing 9

ORDER that 6 Motion for Demand for Security of Costs is GRANTED. FURTHER ORDERED that plaintiff shall post security in the amount of $500.00 within seven (7) days of the entry of this order. Signed by Judge James C. Mahan on 5/12/16. (Copies have been distributed pursuant to the NEF - MMM)

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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(s),

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Case No. 2:16-CV-848 JCM (GWF)
ORDER

v.
SONRISA HOMEOWNERS ASSOCIATION,
et al.,
Defendant(s).

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Presently before the court is defendant SFR Investments Pool’s motion for demand for

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security of costs. (Doc. #6). Defendant asks that plaintiff file security of costs in the amount of
$500.00 in favor of the defendant pursuant to NRS 18.130(1) because plaintiff is a non-resident of
Nevada.
The Ninth Circuit recognizes that “federal district courts have inherent power to require

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plaintiffs to post security for costs.” Simulnet E. Assocs. v. Ramada Hotel Operating Co., 37 F.3d
573, 574 (9th Cir. 1994). A federal district court typically follows the forum state’s practice
regarding security of costs, particularly when a party is a non-resident. See, e.g., 10 Charles Alan
Wright & Arthur R. Miller, Federal Practice and Procedure § 2671 (3d ed. 1998). Nevada Revised
Statute 18.130 provides that the court may require an out-of-state plaintiff to post a security for
costs in an amount up to $500.00 upon request by a defendant. Nev. Rev. Stat. 18.130.
This court finds it appropriate to order security of costs in this matter.

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James C. Mahan
U.S. District Judge

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant’s motion for

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demand for security of costs, (doc. #6), be, and the same hereby is, GRANTED.
IT IS FURTHER ORDERED that plaintiff shall post security in the amount of $500.00
within seven (7) days of the entry of this order.
DATED May 12, 2016.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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