Bank of America, N.A., v. Solera at Stallion Mountain Unit Owners' Association et al

Filing 12

ORDER that 10 Motion for Demand for Security of Costs is GRANTED. FURTHER ORDERED that 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 11/2/16. (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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BANK OF AMERICA, N.A.,

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Plaintiff(s),

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Case No. 2:16-CV-2339 JCM (VCF)
ORDER

v.
SOLERA AT STALLION MOUNTAIN UNIT
OWNERS’ ASSOCIATION, et al.,
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. 10). Defendant asks that plaintiff Bank of America, N.A. file
security of costs in the amount of $500.00 in favor of the defendant pursuant to NRS 18.130(1)
because plaintiff is a non-resident of Nevada.
The Ninth Circuit recognizes that “federal district courts have inherent power to require

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James C. Mahan
U.S. District Judge

plaintiffs to post security for costs.” Simulnet E. Assocs. v. Ramada Hotel Operating Co., 37 F.3d
573, 574 (9th Cir. 1994). A federal district court typically follows the forum state’s practice
regarding security of costs, particularly when a party is a non-resident. See, e.g., 10 Charles Alan
Wright & Arthur R. Miller, Federal Practice and Procedure § 2671 (3d ed. 1998). Section 18.130
of the Nevada Revised Statutes provides that the court may require an out-of-state plaintiff to post
a security for costs in an amount up to $500.00 upon request by a defendant. Nev. Rev. Stat. §
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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demand for security of costs (ECF No. 10) be, and the same hereby is, GRANTED.
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 November 2, 2016.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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