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)

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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

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