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

Filing 12

ORDER granting 10 Motion for Demand for Security of Costs.; Case stayed until the $500 cost bonds are deposited. Signed by Judge Jennifer A. Dorsey on 2/22/2017. (Copies have been distributed pursuant to the NEF, cc: Finance - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Ditech Financial, LLC; Federal National
Mortgage Association,

2:16-cv-02812-JAD-NJK

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

v.
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[ECF No. 10]
T-Shack, Inc.,

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Defendant
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Defendant T-Shack, Inc. has demanded that plaintiffs Ditech Financial, LLC and the

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Federal National Mortgage Association—both out-of-state residents—post cost bonds under

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NRS 18.130(1).1 The statute allows a defendant in an action brought by an out-of-state plaintiff

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to demand that the plaintiff post a bond to secure costs up to $500.2 Once the demand is filed

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and served, “all proceedings in the action shall be stayed” until the cost bond is deposited.3 If the

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bond is not posted within 30 days of the demand, the defendant may move for dismissal.4
Because a court order is required in this district for the Clerk of Court to permit the

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

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with good cause appearing, IT IS HEREBY ORDERED that:

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•

T-Shack’s Demand for Security of Costs [ECF No. 10] is GRANTED;

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•

In the event that the cost bonds are presented for deposit, the CLERK OF COURT is
directed to accept the deposit of $500.00 from each plaintiff under NRS 18.130 as

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ECF No. 10.

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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).

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security for costs and charges that may be awarded against them. The plaintiff must bring

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a copy of this 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)

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until the $500 cost bonds are deposited.

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DATED: February 22, 2017

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________________________________
__________________
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_ _ _ __
Jennifer A. Dorsey
er A. Dorsey
o
United States District Judge
Judge
ud

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