Deutsche Bank National Trust Company v. SFR Investments Pool 1, LLC

Filing 21

ORDER Granting 15 Motion for Demand for Security of Costs. IT IS ORDERED that in the event that the cost bond is presented for deposit, the CLERK OF COURT is directed to accept the deposit of $500.00 under NRS 18.130 as security for costs and charges that may be awarded against the plaintiff. The plaintiff must bring a copy of this order to the Clerks 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. Signed by Judge Jennifer A. Dorsey on 4/21/17. (Copies have been distributed pursuant to the NEF -cc: Finance - ADR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Deutsche Bank National Trust Company, 5 2:17-cv-00043-JAD-NJK Plaintiff Order Directing Clerk of Court to Accept Security of Costs Under NRS 18.130 6 v. 7 SFR Investments Pool 1, LLC, et al., 8 [ECF No. 15] Defendants 9 10 Defendant SFR Investments Pool 1, LLC has demanded that plaintiff Deutsche Bank 11 12 National Trust Company, an out-of-state resident, post a cost bond under NRS 18.130(1).1 The 13 statute allows a defendant in an action brought by an out-of-state plaintiff to demand that the 14 plaintiff post a bond to secure costs up to $500.2 Once the demand is filed and served, “all 15 proceedings in the action shall be stayed” until the cost bond is deposited.3 If the bond is not 16 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 17 18 posting of a cost bond, the demand is tracked as a motion in the court’s system. Accordingly, 19 with good cause appearing, IT IS HEREBY ORDERED that: 20 • SFR’s Demand for Security of Costs [ECF No. 15] is GRANTED; 21 • In the event that the cost bond is presented for deposit, the CLERK OF COURT is directed to accept the deposit of $500.00 under NRS 18.130 as security for costs and 22 23 24 1 ECF No. 15. 2 Nev. Rev. Stat. § 18.130(1). 3 Id. 4 Nev. Rev. Stat. § 18.130(4). 25 26 27 28 1 charges that may be awarded against the plaintiff. The plaintiff must bring a copy of this 2 order to the Clerk’s office when making this deposit. 3 IT IS FURTHER ORDERED that this case is stayed by operation of NRS 18.130(1) 4 until the $500 cost bond is deposited. 5 DATED: April 21, 2017 6 ________________________________ Jennifer A. Dorsey United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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