McBride et al v. ASNY NY, LLC et al

Filing 28

ORDER Denying 21 Motion for Demand for Security of Costs;Denying 22 Motion for Demand for Security of Costs; Denying 17 Motion for Demand for Security of Costs; denying 18 Motion for Demand for Security of Costs; Denying 19 Motion f or Demand for Security of Costs; Denying 20 Motion for Demand for Security of Costs. Discovery Plan/Scheduling Order due by 10/18/2016. Signed by Magistrate Judge Cam Ferenbach on 10/6/2016. (Copies have been distributed pursuant to the NEF - DL)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CONSTANCE MCBRIDE, et al.,
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Plaintiffs,
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vs.
ASNY NY, LLC, et al.,

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2:16-cv-01930-RFB-VCF
ORDER

Defendants.
Before the Court are the following:
1. Defendants' Demand for Deposit of Non-Resident Cost Bond to Plaintiff Dave Robertson (ECF
No. 17),
2. Defendants' Demand for Deposit of Non-Resident Cost Bond to Plaintiff Braves Robertson
(ECF No. 18),
3. Defendants' Demand for Deposit of Non-Resident Cost Bond to Plaintiff Kim McBride (ECF
No. 19),
4. Defendants' Demand for Deposit of Non-Resident Cost Bond to Plaintiff Marina Harris (ECF
No. 20),
5. Defendants' Demand for Deposit of Non-Resident Cost Bond to Plaintiff Daniel Harris (ECF
No. 21),
6. Defendants' Demand for Deposit of Non-Resident Cost Bond to Plaintiff Constance McBride
(ECF No. 22), and,
7. Plaintiffs' status report (ECF No. 24).

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NRS 18.130 is inapplicable to this action as it was originally filed in California, under California

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law, by citizens of California, and Defendants voluntarily sought to have the venue changed and the matter

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transferred into Nevada. Even if NRS 18.130 did apply, Defendants have already filed their Answer in

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California Superior Court; thus by its clear statutory language, Defendants cannot properly invoke NRS

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18.130.

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Accordingly,

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IT IS HEREBY ORDERED that the following motions are DENIED:

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1. Defendants' Demand for Deposit of Non-Resident Cost Bond to Plaintiff Dave Robertson (ECF

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No. 17),
2. Defendants' Demand for Deposit of Non-Resident Cost Bond to Plaintiff Braves Robertson
(ECF No. 18),
3. Defendants' Demand for Deposit of Non-Resident Cost Bond to Plaintiff Kim McBride (ECF
No. 19),
4. Defendants' Demand for Deposit of Non-Resident Cost Bond to Plaintiff Marina Harris (ECF
No. 20),
5. Defendants' Demand for Deposit of Non-Resident Cost Bond to Plaintiff Daniel Harris (ECF
No. 21), and,
6. Defendants' Demand for Deposit of Non-Resident Cost Bond to Plaintiff Constance McBride
(ECF No. 22).
IT IS FURTHER ORDERED that the discovery plan and scheduling order must be filed on or
before October 18, 2016.
DATED this 6th day of October, 2016.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE