U.S. Bank National Association v. SFR Investments Pool 1, LLC et al

Filing 11

ORDER Granting Defendant's 7 Motion for Demand for Security of Costs. Plaintiff shall post a cost bond in the amount of $500.00 or make a cash deposit of $500.00 as to SFR Investments Pool 1, LLC within seven (7) days of the entry of this order. Signed by Judge James C. Mahan on 2/27/2017. (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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U.S. BANK NATIONAL ASSOCIATION,
Plaintiff,

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ORDER
v.

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SFR INVESTMENTS POOL 1, LLC, et al.,
Defendants.

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Case No. 2:16-cv-2804-JCM-GWF

Presently before the court is defendant SFR Investments Pool 1 LLC’s demand for
security of costs against plaintiff U.S. Bank National Association.1 (ECF No. 7).
“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 . . . .” Nev. Rev. Stat. § 18.130. Further, “[i]t is the policy of the United States

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District Court for the District of Nevada to enforce the requirements of [Nevada Revised Statute

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(“NRS”) §] 18.130 in diversity actions.” Feagins v. Trump Org., 2012 WL 925027 (D. Nev.

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2012) (citing Hamar v. Hyatt Corp., 98 F.R.D. 305, 305–6 (D. Nev. 1983); Arrambide v. St.

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Mary’s Hosp., Inc., 647 F.Supp. 1148, 1149 (D. Nev. 1986)).

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In its complaint, plaintiff states that it “is a national banking association whose main

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office is located in Cincinnati, Ohio. For diversity purposes, [plaintiff] is a citizen only of Ohio.”

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(ECF No. 1 at 2).

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Plaintiff appears as Trustee for the Holders of the First Franklin Mortgage Loan Trust
Mortgage Pass-Through Certificates, Series 2006-FF2. (ECF No. 1).

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

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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. Nev. Rev. Stat. § 18.130.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant’s demand

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for security 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

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$500.00 or make a cash deposit of $500.00 as to SFR Investments Pool 1, LLC within seven (7)

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days of the entry of this order.

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DATED THIS 27th day of February, 2017.

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JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE

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