Bank of America v. Pueblo at Sante Fe Condominium Association, Inc., at al.

Filing 29

ORDER Granting Defendant Keynote Properties, LLC's 14 Motion for Demand for Security of Costs. Plaintiff must submit a bond pursuant to this Order in the amount of $500.00 as to Defendant. Failure to do so within thirty days of the filing date of this Order shall constitute grounds for dismissal. Signed by Chief Judge Gloria M. Navarro on 10/26/2016. (Copies have been distributed pursuant to the NEF - SLD)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

BANK OF AMERICA, N.A.,
4
5
6
7
8
9
10

)
)
Plaintiff,
)
vs.
)
)
PUEBLO AT SANTE FE
)
CONDOMINIUM ASSOCIATION, INC.; )
KEYNOTE PROPERTIES, LLC; and
)
ALESSI & KOENIG, LLC;,
)
)
Defendants.
)
)

Case No.: 2:16-cv-1199-GMN-VCF
ORDER

11
12

Pending before the Court is a Motion for Demand for Security of Costs (ECF No.

13

14) filed by Defendant Keynote Properties, LLC (“Defendant”), to which Plaintiff Bank

14

of America, N.A. (“Plaintiff”) filed a Notice of Limited Non-Opposition (ECF No. 18).

15

For the reasons set forth below, the Motion is granted.

16

The Ninth Circuit recognizes that “federal district courts have inherent power to

17

require plaintiffs to post security for costs.” Simulnet E. Assocs. v. Ramada Hotel

18

Operating Co., 37 F.3d 573, 574 (9th Cir. 1994). Under Nevada law, “[w]hen a plaintiff

19

in an action resides out of the State, or is a foreign corporation, security for the costs and

20

charges which may be awarded against such plaintiff may be required by the defendant.”

21

NRS § 18.130(1). “After the lapse of 30 days from the service of notice that security is

22

required . . . upon proof thereof, and that no undertaking as required has been filed, the

23

court or judge may order the action to be dismissed.” NRS § 18.130(4). It is the policy of

24

the United States District Court for the District of Nevada to enforce the requirements of

25

NRS § 18.130 in diversity actions. Hamar v. Hyatt Corp., 98 F.R.D. 305, 305–06 (D.

Page 1 of 2

1

Nev. 1983); Arrambide v. St. Mary’s Hosp., Inc., 647 F. Supp. 1148, 1149 (D. Nev.

2

1986).

3

Because Plaintiff resides outside of Nevada (Compl. ¶ 2, ECF No. 1), the Court

4

finds that it is appropriate to require Plaintiff to post a security bond of $500.00 in this

5

matter pursuant to NRS § 18.130.

6

IV.

7
8
9

CONCLUSION
IT IS HEREBY ORDERED that the Motion for Demand for Security of Costs

(ECF No. 14) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff must submit a bond pursuant to this

10

Order in the amount of $500.00 as to Defendant. Failure to do so within thirty days of

11

the filing date of this Order shall constitute grounds for dismissal.

12

26
DATED this _____ day of October, 2016.

13
14
15

__________________________________
Gloria M. Navarro, Chief Judge
United States District Court

16
17
18
19
20
21
22
23
24
25

Page 2 of 2