U.S. Bank N.A. v. SFR Investments Pool 1, LLC et al

Filing 11

ORDER Granting 7 defendant's motion for security of costs. IT IS FURTHER ORDERED that plaintiff shall post a cost bond in the amount of $500.00 or make a cash deposit of $500.00 within 7 days of the entry of this order. Signed by Judge James C. Mahan on 12/23/2016. (Copies have been distributed pursuant to the NEF - AF)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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U.S. BANK, N.A.,

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Plaintiff(s),

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Case No. 2:16-CV-2081 JCM (VCF)
ORDER

v.
SFR INVESTMENTS POOL 1, 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 security

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of costs, pursuant to Nevada Revised Statute (“NRS”) 18.130, against plaintiff U.S. Bank, N.A.,

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successor in interest to LaSalle Bank N.A., as trustee, on behalf of the holders of the Washington
Mutual Mortgage Pass-Through Certificates, WMALT Series 2005-10. (ECF No. 7).
“When a plaintiff in an action resides out of the State, or is a foreign corporation, security
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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James C. Mahan
U.S. District Judge

In its complaint, plaintiff states that it is “a citizen of Ohio” and that is it diverse from
defendant. (ECF No. 1 at 2). Therefore, this court finds that defendant properly invokes NRS
18.130. Pursuant to that statute, plaintiff is to deposit $500.00 with the clerk of court for “costs
and charges as may be awarded” in this case. NRS 18.130.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant’s motion for
security of costs, (ECF No. 7) be, and the same hereby is, GRANTED.

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IT IS FURTHER ORDERED that plaintiff shall post a cost bond in the amount of $500.00
or make a cash deposit of $500.00 within seven (7) days of the entry of this order.
DATED December 23, 2016.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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