HSBC Bank USA, N.A. v. Ochoa-Delgado et al

Filing 31

ORDER that 26 Motion for Demand for Security of Costs is GRANTED. FURTHER ORDERED that plaintiff HSBC Bank USA, N.A. shall post a cost bond in the amount of $500.00 or make a cash deposit of $500.00 as to 4918 Athens Bay Trust within seven (7) days of the entry of this order. Signed by Judge James C. Mahan on 11/1/16. (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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***

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HSBC BANK USA, N.A,,

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Case No. 2:16-CV-1171 JCM (VCF)
Plaintiff(s),

ORDER

v.
EDUBIJES OCHOA-DELGADO, et al.,

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Defendant(s).

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Presently before the court is defendant 4918 Athens Bay Trust’s demand for security of

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costs from plaintiff HSBC Bank USA, N.A., pursuant to Nevada Revised Statutes (“NRS”) 18.130.

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(ECF No. 26).
That statute states “[w]hen a plaintiff in an action resides out of the State, or is a foreign
corporation, security for the costs and charges which may be awarded against such plaintiff may

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be required by the defendant . . . .” NRS 18.130. In its complaint, plaintiff affirms that it is a

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“citizen of the state of Virginia” and that this defendant “is a private trust within the State of

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Nevada.” (ECF No. 1 at 2). Defendant has not contested these characterizations.

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“It is the policy of the United States District Court for the District of Nevada to enforce the

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requirements of NRS 18.130 in diversity actions.” Feagins v. Trump Org., 2012 WL 925027 (D.

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Nev. 2012) (citing Hamar v. Hyatt Corp., 98 F.R.D. 305, 305–6 (D. Nev. 1983); Arrambide v. St.

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

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This court finds that defendant properly invokes NRS 18.130. Pursuant to that statute,
plaintiff is to deposit $500.00 with the clerk of court for “costs and charges as may be awarded”
in this case. NRS 18.130.

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James C. Mahan
U.S. District Judge

Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant’s demand for
security costs, (ECF No. 26) be, and the same hereby is, GRANTED.

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IT IS FURTHER ORDERED that plaintiff HSBC Bank USA, N.A. shall post a cost bond

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in the amount of $500.00 or make a cash deposit of $500.00 as to 4918 Athens Bay Trust within

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seven (7) days of the entry of this order.

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DATED November 1, 2016.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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