Bank of New York Mellon v. SFR Investments Pool 1, LLC et al

Filing 13

ORDER Granting 8 Motion for Demand for Security of Costs. IT IS FURTHER ORDERED that in the event that the cost bond is presented for deposit, the Clerk of Court is directed to accept the deposit of $500 under NRS 18.130 as security for costs and charges that may be awarded against Plaintiff. Signed by Magistrate Judge George Foley, Jr on 3/8/17. (Copies have been distributed pursuant to the NEF - cc: Finance - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON fka
THE BANK OF NEW YORK,

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Plaintiff,
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vs.
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SFR INVESTMENTS POOL 1, LLC,
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SUNRISE RIDGE MASTER HOMEOWNERS
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ASSOCIATION and JOSE GARCIA,
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Defendants.
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__________________________________________)

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Case No. 2:17-cv-00003-RFB-GWF
ORDER

This matter is before the Court on SFR Investments Pool 1, LLC’s Demand for Security of
Costs Pursuant to NRS 18.130(1) (ECF No. 8), filed on March 1, 2017.

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Defendant SFR has demanded that Plaintiff the Bank of New York Mellon, an out-of-state

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resident, post a cost bond under NRS 18.130(1). That statute allows a defendant in an action brought

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by an out-of-state plaintiff to demand that the plaintiff post a bond to secure costs up to $500. Nev.

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Rev. Stat. § 18.130(1). Once the demand is filed and served, “all proceedings in the action shall be

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stayed” until the cost bond is deposited. Id. If the plaintiff fails to post the cost bond within 30 days

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of the demand, the defendant may move for dismissal. Nev. Rev. Stat. § 18.130(4).

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In this district, a demand is tracked as a motion in the court’s system because a court order is

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required for the Clerk of Court to permit the posting of a cost bond. Accordingly, and for good cause

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shown,

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IT IS HEREBY ORDERED that SFR Investments Pool 1, LLC’s Demand for Security of
Costs Pursuant to NRS 18.130(1) (ECF No. 8) is granted.

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IT IS FURTHER ORDERED that in the event that the cost bond is presented for deposit,

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the Clerk of Court is directed to accept the deposit of $500 under NRS 18.130 as security for costs

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and charges that may be awarded against Plaintiff.
IT IS FURTHER ORDERED that Plaintiff must bring a copy of this order to the Clerk’s
office when making this deposit.
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 8th day of March, 2017.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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