HSBC Bank USA, N.A. v. Estrella II Homeowners Association et al

Filing 11

ORDER that 9 Motion for Demand for Security of Costs is GRANTED. FURTHER ORDERED that this case is stayed by operation of NRS 18.130(1) until the $500 cost bond is deposited. Signed by Magistrate Judge George Foley, Jr on 3/8/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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vs.
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ESTRELLA II HOMEOWNERS
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ASSOCIATION; SFR INVESTMENTS POOL 1, )
LLC.,
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Defendants.
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__________________________________________)
HSBC BANK USA, N.A.,

Case No. 2:17-cv-00016-RFB-GWF
ORDER

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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. 9), filed on January 30, 2017.

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Defendant SFR has demanded that Plaintiff HSBC Bank USA, N.A., an out-of-state resident,

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

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

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

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

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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. 9) 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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