JPMorgan Chase Bank, N.A. v. SBW Investment LLC, et al

Filing 14

ORDER granting 12 Motion for Demand for Security of Costs. IT IS FURTHER ORDERED that plaintiff JPMorgan Chase Bank, N.A. shall post a cost bond in the amount of $500.00 or make a cash deposit of $500.00 as to SFR Investments Pool 1, LLC within seven (7) days of the entry of this order. Signed by Judge James C. Mahan on 11/8/2016. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JPMORGAN CHASE BANK, N.A.,

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Plaintiff(s),

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Case No. 2:16-CV-2012 JCM (VCF)
ORDER

v.
SBW INBESTMENT LLC, et al.,

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Defendant(s).

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Presently before the court is defendant SFR Investments Pool 1, LLC’s demand for security

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of costs against JPMorgan Chase Bank, N.A. (ECF No. 12).
“When a plaintiff in an action resides out of the State, or is a foreign corporation, security

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for the costs and charges which may be awarded against such plaintiff may be required by the
defendant . . . .” NRS 18.130. Further, “[i]t is the policy of the United States District Court for
the District of Nevada to enforce the requirements of NRS 18.130 in diversity actions.” Feagins
v. Trump Org., 2012 WL 925027 (D. Nev. 2012) (citing Hamar v. Hyatt Corp., 98 F.R.D. 305,

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305–6 (D. Nev. 1983); Arrambide v. St. Mary’s Hosp., Inc., 647 F.Supp. 1148, 1149 (D. Nev.

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1986)).

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James C. Mahan
U.S. District Judge

In its complaint, plaintiff asserts that it is “a national banking association headquartered in
Ohio.” (ECF No. 1 at 1). There is no indication that plaintiff is a resident of Nevada.
Therefore, this court finds that defendant properly invokes NRS 18.130. Pursuant to that
statute, plaintiff is to deposit $500.00 with the clerk of court for “costs and charges as may be
awarded” in this case. NRS 18.130.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant’s demand for
security costs, (ECF No. 12) be, and the same hereby is, GRANTED.

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IT IS FURTHER ORDERED that plaintiff JPMorgan Chase Bank, N.A. shall post a cost

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bond in the amount of $500.00 or make a cash deposit of $500.00 as to SFR Investments Pool 1,

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LLC within seven (7) days of the entry of this order.

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DATED November 8, 2016.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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