Federal Home Loan Mortage Corporation et al v. T-Shack, Inc. et al

Filing 11

ORDER Granting Defendant's 8 Motion for Demand for Security of Costs. Plaintiffs Federal Home Loan Mortgage Corporation and Wells Fargo Bank, N.A. shall each post a cost bond in the amount of $500.00 or make a cash deposit of $500.00 as to T-Shack, Inc. within seven (7) days of the entry of this order. Signed by Judge James C. Mahan on 2/21/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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FEDERAL HOME LOAN MORTGAGE
CORPORATION, WELLS FARGO BANK,
N.A.,

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ORDER

Plaintiff(s),

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Case No. 2:16-CV-2664 JCM (PAL)

v.
T-SHACK, INC., et al.,

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Defendant(s).

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Presently before the court is defendant T-Shack, Inc.’s demand for security of costs against

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plaintiffs Federal Home Loan Mortgage Corporation (“Freddie Mac”) and Wells Fargo Bank, N.A.

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(ECF No. 8).

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“When a plaintiff in an action resides out of the State, or is a foreign corporation, security

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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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In their complaint, plaintiffs allege that “Wells Fargo is a citizen of South Dakota and no

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other domestic state” and that “Freddie Mac is located at 8200 Jones Branch Drive in McLean,

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Virginia.” (ECF No. 1 at 2). There is no indication that either plaintiff is a resident of Nevada or

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is otherwise not a foreign corporation. (Id.).

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James C. Mahan
U.S. District Judge

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This court finds that defendant properly invokes NRS 18.130. Pursuant to that statute, each

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plaintiff is to deposit $500.00 with the clerk of court for “costs and charges as may be awarded”

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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. 8) be, and the same hereby is, GRANTED.

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IT IS FURTHER ORDERED that plaintiffs Federal Home Loan Mortgage Corporation

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and Wells Fargo Bank, N.A. shall each post a cost bond in the amount of $500.00 or make a cash

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deposit of $500.00 as to T-Shack, Inc. within seven (7) days of the entry of this order.

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DATED February 21, 2017.
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UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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