Nationstar Mortgage LLC v. Springs Property Owners Association et al

Filing 10

ORDER Granting 8 Motion for Demand for Security of Costs. IT IS FURTHER ORDERED that plaintiff Nationstar Mortgage LLC 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 11/1/16. (Copies have been distributed pursuant to the NEF - cc: Finance - ADR)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 NATIONSTAR MORTAGE LLC, 8 Plaintiff(s), 9 10 11 ORDER v. THE SPRINGS PROPERTY OWNERS ASSOCIATION, et al., Defendant(s). 12 13 14 Case No. 2:16-CV-2013 JCM (VCF) Presently before the court is defendant SFR Investments Pool 1, LLC’s demand for security of costs pursuant to Nevada Revised Statutes (“NRS”) 18.130. (ECF No. 8). 15 “When a plaintiff in an action resides out of the State, or is a foreign corporation, security 16 for the costs and charges which may be awarded against such plaintiff may be required by the 17 defendant . . . .” NRS 18.130. Further, “[i]t is the policy of the United States District Court for 18 the District of Nevada to enforce the requirements of NRS 18.130 in diversity actions.” Feagins 19 v. Trump Org., 2012 WL 925027 (D. Nev. 2012) (citing Hamar v. Hyatt Corp., 98 F.R.D. 305, 20 21 22 23 24 305–6 (D. Nev. 1983); Arrambide v. St. Mary’s Hosp., Inc., 647 F.Supp. 1148, 1149 (D. Nev. 1986)). Plaintiff Nationstar Mortgage LLC asserts in its complaint that it is “a citizen of Delaware and Texas . . . .” (ECF No. 1 at 1). 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. 25 Accordingly, 26 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant’s demand for 27 28 James C. Mahan U.S. District Judge security of costs, (ECF No. 8) be, and the same hereby is, GRANTED. 1 IT IS FURTHER ORDERED that plaintiff Nationstar Mortgage LLC shall post a cost bond 2 in the amount of $500.00 or make a cash deposit of $500.00 as to SFR Investments Pool 1, LLC 3 within seven (7) days of the entry of this order. 4 5 DATED November 1, 2016. __________________________________________ UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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