Wells Fargo Bank, N.A. v. SFR Investments Pool 1, LLC et al

Filing 14

ORDER granting 12 Motion for Demand for Security of Costs. Plaintiff shall post security in the amount of $500.00 within seven (7) days of the entry of this order. Signed by Judge James C. Mahan on 12/20/16. (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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WELLS FARGO BANK, N.A.,

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Plaintiff(s),

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Case No. 2:16-CV-2257 JCM (CWH)
ORDER

v.
SFR INVESTMENTS POOL I, 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 motion for demand

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for security of costs. (ECF No. 12). Defendant asks that plaintiff Wells Fargo Bank, N.A. file

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security of costs in the amount of $500.00 in favor of the defendant pursuant to NRS 18.130(1)

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because plaintiff is a non-resident of Nevada.

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The Ninth Circuit recognizes that “federal district courts have inherent power to require

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plaintiffs to post security for costs.” Simulnet E. Assocs. v. Ramada Hotel Operating Co., 37 F.3d

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573, 574 (9th Cir. 1994). A federal district court typically follows the forum state’s practice

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regarding security of costs, particularly when a party is a non-resident. See, e.g., 10 Charles Alan

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Wright & Arthur R. Miller, Federal Practice and Procedure § 2671 (3d ed. 1998). Section 18.130

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of the Nevada Revised Statutes provides that the court may require an out-of-state plaintiff to post

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a security for costs in an amount up to $500.00 upon request by a defendant. Nev. Rev. Stat. §

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18.130.

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This court finds it appropriate to order security of costs in this matter.

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Accordingly,

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

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James C. Mahan
U.S. District Judge

demand for security of costs (ECF No. 12) be, and the same hereby is, GRANTED.

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IT IS FURTHER ORDERED that plaintiff shall post security in the amount of $500.00
within seven (7) days of the entry of this order.
DATED December 20, 2016.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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