The Bank Of New York Mellon v. Southern Highlands Community Association, et al

Filing 14

ORDER granting 9 Motion for Demand for Security of Costs. Plaintiff shall post security in the amount of $500.00 within 7 days of entry of this Order. Signed by Judge James C. Mahan on 10/11/16. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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THE BANK OF NEW YORK MELLON,

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Plaintiff(s),

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Case No. 2:16-CV-1177 JCM (VCF)
ORDER

v.
SALMA KHAN, et al.,

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Defendant(s).

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Presently before the court is defendant SFR Investments Pool 1, LLC’s motion for demand

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for security of costs. (ECF No. 9). Defendant asks that plaintiff Bank of New York Mellon file

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security of costs in the amount of $500.00 in favor of the defendant pursuant to NRS 18.130(1)

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because plaintiff is a non-resident of Nevada.

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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

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573, 574 (9th Cir. 1994). A federal district court typically follows the forum state’s practice

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regarding security of costs, particularly when a party is a non-resident. See, e.g., 10 Charles Alan

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Wright & Arthur R. Miller, Federal Practice and Procedure § 2671 (3d ed. 1998). Section 18.130

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of the Nevada Revised Statutes provides that the court may require an out-of-state plaintiff to post

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a security for costs in an amount up to $500.00 upon request by a defendant. Nev. Rev. Stat. §

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18.130.

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This court finds it appropriate to order security of costs in this matter.

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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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James C. Mahan
U.S. District Judge

demand for security of costs (ECF No. 9) be, and the same hereby is, GRANTED.

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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 October 11, 2016.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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