US Bank NA v. SFR Investments Pool 1, LLC et al

Filing 15

ORDER that 4 Motion for Demand for Security of Costs is GRANTED. FURTHER ORDERED that plaintiff U.S. 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 11/8/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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U.S. BANK, N.A.,

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Plaintiff(s),

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Case No. 2:16-CV-2081 JCM (VCF)
ORDER

v.
SFR INVESTMENTS POOL 1, 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, pursuant to Nevada Revised Statutes (“NRS”) 18.130, against plaintiff U.S. Bank N.A.—

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trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-backed Pass-through
Certificates, Series 2006-NC2. (ECF No. 4).
“When a plaintiff in an action resides out of the State, or is a foreign corporation, security
for the costs and charges which may be awarded against such plaintiff may be required by the

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defendant . . . .” NRS 18.130. Further, “[i]t is the policy of the United States District Court for

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the District of Nevada to enforce the requirements of NRS 18.130 in diversity actions.” Feagins

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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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Here, plaintiff states that its principal place of business is Cincinnati, Ohio and that it is
therefore a “citizen of the state of Ohio . . . .” (ECF No. 1 at 1); see also 28 U.S.C. § 1348. There
is no indication that plaintiff is a resident of Nevada.
This court finds that defendant properly invokes NRS 18.130. Pursuant to that statute,

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James C. Mahan
U.S. District Judge

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.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant’s demand for

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security costs, (ECF No. 4) be, and the same hereby is, GRANTED.
IT IS FURTHER ORDERED that plaintiff U.S. 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.
DATED November 8, 2016.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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