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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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 THE BANK OF NEW YORK MELLON, 8 Plaintiff(s), 9 10 Case No. 2:16-CV-1177 JCM (VCF) ORDER v. SALMA KHAN, et al., 11 Defendant(s). 12 13 Presently before the court is defendant SFR Investments Pool 1, LLC’s motion for demand 14 for security of costs. (ECF No. 9). Defendant asks that plaintiff Bank of New York Mellon file 15 security of costs in the amount of $500.00 in favor of the defendant pursuant to NRS 18.130(1) 16 because plaintiff is a non-resident of Nevada. 17 The Ninth Circuit recognizes that “federal district courts have inherent power to require 18 plaintiffs to post security for costs.” Simulnet E. Assocs. v. Ramada Hotel Operating Co., 37 F.3d 19 573, 574 (9th Cir. 1994). A federal district court typically follows the forum state’s practice 20 regarding security of costs, particularly when a party is a non-resident. See, e.g., 10 Charles Alan 21 Wright & Arthur R. Miller, Federal Practice and Procedure § 2671 (3d ed. 1998). Section 18.130 22 of the Nevada Revised Statutes provides that the court may require an out-of-state plaintiff to post 23 a security for costs in an amount up to $500.00 upon request by a defendant. Nev. Rev. Stat. § 24 18.130. 25 This court finds it appropriate to order security of costs in this matter. 26 Accordingly, 27 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant’s motion for 28 James C. Mahan U.S. District Judge demand for security of costs (ECF No. 9) be, and the same hereby is, GRANTED. 1 2 3 4 5 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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