JPMorgan Chase Bank N.A. v. SFR Investments Pool 1, LLC et al

Filing 15

ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 13 defendant's demand for security costs, be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that plaintiff JPMorgan Chase Bank, N.A. 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 2/7/17. (Copies have been distributed pursuant to the NEF - cc: Finance - ADR)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

JPMORGAN CHASE BANK, N.A.,

8

Plaintiff(s),

9
10

Case No. 2:17-CV-74 JCM (PAL)
ORDER

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

11

Defendant(s).

12
Presently before the court is defendant SFR Investments Pool 1, LLC’s demand for security

13
14

of costs, pursuant to Nevada Revised Statute (“NRS”) 18.130(1). (ECF No. 13).
“When a plaintiff in an action resides out of the State, or is a foreign corporation, security

15
16
17
18

for the costs and charges which may be awarded against such plaintiff may be required by the
defendant . . . .” NRS 18.130. Further, “[i]t is the policy of the United States District Court for
the District of Nevada to enforce the requirements of NRS 18.130 in diversity actions.” Feagins
v. Trump Org., 2012 WL 925027 (D. Nev. 2012) (citing Hamar v. Hyatt Corp., 98 F.R.D. 305,

19

305–6 (D. Nev. 1983); Arrambide v. St. Mary’s Hosp., Inc., 647 F.Supp. 1148, 1149 (D. Nev.

20

1986)).

21

In its complaint, plaintiff JPMorgan Chase Bank, N.A. asserts that it “is a national banking

22

association with its main office in the State of Ohio.” (ECF No. 1 at 1). There is no indication

23

here that plaintiff is a resident of Nevada or is otherwise not a foreign corporation.

24
25

This court finds that defendant properly invokes NRS 18.130. Pursuant to that statute,
plaintiff is to deposit $500.00 with the clerk of court for “costs and charges as may be awarded”
in this case. NRS 18.130.

26
27
28
James C. Mahan
U.S. District Judge

Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant’s demand for
security costs, (ECF No. 13) be, and the same hereby is, GRANTED.

1

IT IS FURTHER ORDERED that plaintiff JPMorgan Chase Bank, N.A. shall post a cost

2

bond in the amount of $500.00 or make a cash deposit of $500.00 as to SFR Investments Pool 1,

3

LLC within seven (7) days of the entry of this order.

4
5
6

DATED February 7, 2017.
__________________________________________
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
James C. Mahan
U.S. District Judge

-2-