Nationstar Mortgage LLC v. Auburn and Bradord at Providence Homeowners' Association et al

Filing 17

ORDER. IT IS HEREBY ORDERED that 12 SFR's Demand for Security of Costs is GRANTED. If the plaintiff presents the cost bond for deposit, the CLERK OF COURT is directed to accept the deposit of $500.00 under NRS 18.130 as security f or costs and charges that may be awarded against this plaintiff. Plaintiff must bring a copy of this order to the Clerk's office when making this deposit. IT IS FURTHER ORDERED that this case is stayed under NRS 18.130(1) until the $500.00 is deposited. Signed by Judge Jennifer A. Dorsey on 2/14/17. (Copies have been distributed pursuant to the NEF - cc: Finance - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Nationstar Mortgage, LLC,

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2:16-cv-02580-JAD-CWH

Plaintiff
Order Directing Clerk of Court to Accept
Security of Costs Under NRS 18.130

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v.

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Auburn and Bradford at Providence
HOA, et al.,

[ECF No. 12]

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Defendants
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Defendant SFR Investments Pool 1, LLC has demanded that plaintiff Nationstar
Mortgage, LLC, an out-of-state resident, post a cost bond under NRS 18.130(1).1 The statute
allows a defendant in an action brought by an out-of-state plaintiff to demand that the plaintiff
post a bond to secure costs up to $500.2 Once the demand is filed and served, “all proceedings in
the action shall be stayed” until the cost bond is deposited.3 If the bond is not posted within 30
days of the demand, the defendant may move for dismissal.4

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Because a court order is required in this district for the Clerk of Court to permit the
posting of a cost bond, the demand is tracked as a motion in the court’s system. Accordingly,
with good cause appearing, IT IS HEREBY ORDERED that
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SFR’s Demand for Security of Costs [ECF No. 12] is GRANTED;

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If the plaintiff presents the cost bond for deposit, the CLERK OF COURT is directed

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ECF No. 8.

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Nev. Rev. Stat. § 18.130(1).

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Id.

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Nev. Rev. Stat. § 18.130(4). SFR states “Should the Lender fail to comply with the
requirements of NRS 18.130 within thirty (30) days, SFR requests this action be dismissed.”
ECF No. 12 at 3. If SFR desires to dismiss this case under NRS 18.130, it must file a separate
and properly supported motion to dismiss.

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to accept the deposit of $500.00 under NRS 18.130 as security for costs and charges

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that may be awarded against this plaintiff. Plaintiff must bring a copy of this order to the

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Clerk’s office when making this deposit.

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IT IS FURTHER ORDERED that this case is stayed under NRS 18.130(1) until the $500

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is deposited.
DATED: February 14, 2017

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________________________________
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Jennifer A. Dorsey
nifer A.
e
y
United States District Judge
ted
District Jud
ict

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