Ditech Financial LLC v. T-Shack, Inc. et al

Filing 19

ORDER that 11 Motion for Demand for Security of Costs is GRANTED. FURTHER ORDERED that this case is stayed by operation of NRS 18.130(1) until the $500 cost bond is deposited. Signed by Magistrate Judge Cam Ferenbach on 3/6/17. (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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DITECH FINANCIAL, LLC,
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Plaintiff,
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vs.
T-SHACK, INC., et al.,

2:16-cv-02615-RFB-VCF
ORDER GRANTING DEMAND FOR
SECURITY COSTS

Defendants.

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Before the Court is T-Shack, Inc.’s Demand for Security Costs (ECF NO. 11). T-Shack has

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demanded that Plaintiff Ditech Financial, LLC, a foreign entity, post a cost bond under NRS 18.130(1).

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The statute allows a defendant in an action brought by an out-of-state plaintiff to demand that the plaintiff

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post a bond to secure costs up to $500. Once the demand is filed and served, “all proceedings in the action

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shall be stayed” until the cost bond is deposited. If the bond is not posted within 30 days of the demand,

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the defendant may move for dismissal. Because a court order is required in this district for the Clerk of

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Court to permit the posting of a cost bond, the demand is tracked as a motion in the court’s system.

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Accordingly, with good cause appearing, IT IS HEREBY ORDERED that T-Shack, Inc.’s

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Demand for Security Costs (ECF NO. 11) is GRANTED. In the event that the cost bond is presented for

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deposit, the CLERK OF COURT is directed to accept the deposit of $500.00 under NRS 18.130 as security

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for costs and charges that may be awarded against the plaintiff. The plaintiff must bring a copy of this

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order to the Clerk’s office when making this deposit.

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IT IS FURTHER ORDERED that this case is stayed by operation of NRS 18.130(1) until the $500
cost bond is deposited.
DATED this 6th day of March, 2017.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE