The Bank of New York Mellon v. Mesa Homeowners Association et al

Filing 30

ORDER granting 8 Motion for Demand for Security of Costs. Signed by Judge Richard F. Boulware, II on 10/10/16. (Copies have been distributed pursuant to the NEF - JM)

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DIANA CLINE EBRON, ESQ.
Nevada Bar No. 10580
E-mail: [e-mail]
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
E-mail: [e-mail]
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
E-mail: [e-mail]
KIM GILBERT EBRON
fka Howard Kim & Associates
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Telephone: [phone]
Facsimile: [phone]
Attorneys for SFR Investments Pool 1, LLC
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
THE CWALT, INC., ALTERNATIVE LOAN
TRUST 2007-HY7C MORTGAGE PASSTHROUGH CERTIFICATES SERIES 2007HY7C,

Case No. 2:16-cv-01239-RFB-CWH
SFR INVESTMENTS POOL 1, LLC’S
DEMAND FOR SECURITY OF COSTS
PURSUANT TO NRS 18.130(1)

Plaintiff,

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vs.

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MESA HOMEOWNERS ASSOCIATION;
SFR INVESTMENTS POOL 1, LLC;
NEVADA ASSOCIATION SERVICES, Inc.;
ALESSI & KOENIG, LLC,

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Defendants.
SFR INVESTMENTS POOL 1, LLC (“SFR”) hereby demands that plaintiff, THE BANK

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OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE
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CERTIFICATEHOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST 200723
HY7C MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-HY7C (“BNY Mellon”
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or “Bank”), an out-of-state resident, post a cost bond pursuant to NRS 18.130(1).
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In Nevada, if a plaintiff resides outside of Nevada or is a foreign corporation, like the Bank,
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“security for the costs and charges which may be awarded against such plaintiff may be required
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by defendant, by the filing and service on plaintiff of a written demand within the time limited for
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answering the complaint.” NRS 18.130(1). When a defendant demands a cost bond, “all

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proceedings in the action shall be stayed” until plaintiff files “an undertaking, executed by two or

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more persons, to the effect that they will pay such costs and charges as may be awarded against

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the plaintiff by judgment, or in the progress of the action . . . or the plaintiff may deposit $500 with

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the clerk of the court.” Id. “After the lapse of 30 days from the service of notice that security is

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required, or of an order for new or additional security, upon proof thereof, and that no undertaking

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as required has been filed, the court or judge may order the action to be dismissed.” NRS

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18.130(4).

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

925027 (D. Nev.)(citing Hamar v. Hyatt Corp., 98 F.R.D. 305, 305-6 (D. Nev. 1983); Arrambide

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[phone] FAX [phone]

KIM GILBERT EBRON

the requirements of NRS 18.130 in diversity actions.” Feagins v. Trump Organization, 2012 WL

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7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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

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Here, BNY Mellon is not a Nevada citizen, but rather a Delaware corporation with its

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corporate headquarters in New York. Accordingly, SFR demands that the Bank post a $500 cost

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bond within 30 days and that the proceedings be stayed until such cost bond is posted. Should

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the Bank fail to comply with the requirements of NRS 18.130 within 30 days, SFR requests this

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action be dismissed.

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DATED June 30, 2016.
KIM GILBERT EBRON

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/s/ Diana Cline Ebron
DIANA CLINE EBRON, ESQ.
Nevada Bar No. 10580
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Attorneys for SFR Investments Pool 1, LLC

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IT IS SO ORDERED:

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__________________________
RICHARD F. BOULWARE, II
United States District Judge

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DATED this 10th day of October, 2016.

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CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that on this 30th day of June 2016, pursuant to FRCP 5, I served via the

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CM-ECF electronic filing system the foregoing SFR INVESTMENTS POOL 1, LLC’S

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DEMAND FOR SECURITY OF COSTS PURSUANT TO NRS 18.130(1), to the following

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parties:

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[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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Darren T Brenner
William Shane Habdas
Akerman LLP
1160 N. Town Center Dr., Ste. 330
Las Vegas, NV 89144
702-634-5000
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Counsel for THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS
TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN
TRUST 2007-HY7C MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-HY7C

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Christopher V. Yergensen
Nevada Association Services, Inc.
6224 West Desert Inn Road
Las Vegas, NV 89146
702-804-8885
Fax: [phone]
Email: [e-mail]

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Counsel for Nevada Association Services, Inc.

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/s/ Alan G. Harvey
An employee of KIM GILBERT EBRON

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