The Bank Of New York Mellon v. SBH 2 Homeowners' Association et al

Filing 11

ORDER Granting Defendant SFR Investments Pool 1, LLC's 4 Motion for Demand for Security of Costs. Plaintiff Bank of New York Mellon shall post a $500 cost bond witin 30 days and that proceedings be stayed until such bond is posted. Signed by Judge Richard F. Boulware, II on 6/30/2016. (Copies have been distributed pursuant to the NEF - SLD)

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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 NEW YORK MELLON, FKA
Case No. 2:16-cv-01129-RFB-CWH
BANK OF NEW YORK, AS TRUSTEE FOR
THE CERTIFICATEHOLDERS OF CWMBS,
SFR INVESTMENTS POOL 1, LLC’S
INC. CHL MORTGAGE PASS-THROUGH
DEMAND FOR SECURITY OF COSTS
TRUST 2005-HYB 6 MORTGAGE PASSPURSUANT TO NRS 18.130(1)
THROUGH CERTIFICATES SERIES 2005HYB6,
Plaintiff,

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vs.

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SBH 2 HOMEOWNERS’ ASSOCIATION;
SFR INVESTMENTS POOL 1, LLC;
NEVADA ASSOCIATION SERVICES, INC.;
DOE INDIVIDUALS I-X inclusive, and ROE
CORPORATIONS I-X,

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Defendants.

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SFR INVESTMENTS POOL 1, LLC (“SFR”) hereby demands that plaintiff BANK OF

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NEW YORK MELLON, FKA BANK OF NEW YORK, AS TRUSTEE FOR THE

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CERTIFICATEHOLDERS OF CWMBS, INC. CHL MORTGAGE PASS-THROUGH TRUST

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2005-HYB 6 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-HYB6, (“BNY

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MELLON” or “Bank”), an out-of-state resident, post a cost bond pursuant to NRS 18.130(1).

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In Nevada, if a plaintiff resides outside of Nevada or is a foreign corporation, like the Bank,

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“security for the costs and charges which may be awarded against such plaintiff may be required

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by defendant, by the filing and service on plaintiff of a written demand within the time limited for
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answering the complaint.” NRS 18.130(1). When a defendant demands a cost bond, “all

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proceedings in the action shall be stayed” until plaintiff files “an undertaking, executed by two or

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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

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

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[phone] FAX [phone]

KIM GILBERT EBRON

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

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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).)

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Here, BNY Mellon, is not a citizen of Nevada, but rather a Delaware corporation with its

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corporate headquarters in New York. Accordingly, SFR demands that the Bank post a $500 cost

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

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the 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 June 13, 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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ORDER:
IT IS SO ORDERED.

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_________________________
RICHARD F. BOULWARE, II
United States District Judge
DATE: June 30, 2016.
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CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that on this 13th day of June 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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Darren T. Brenner
Natalie L. Winslow
Akerman LLP
1600 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 NEW YORK MELLON, FKA BANK OF NEW YORK, AS TRUSTEE FOR
THE CERTIFICATEHOLDERS OF CWMBS, INC. CHL MORTGAGE PASS-THROUGH
TRUST 2005-HYB 6 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-HYB6

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

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