Bart Street III v. ACC Enterprises, LLC et al

Filing 32

ORDER. IT IS HEREBY ORDERED that 28 Defendants' Motion for Demand for Security of Costs is GRANTED. IT IS FURTHER ORDERED that Plaintiff must submit a bond pursuant to this Order in the amount of $500.00 as to each Defendant. Failure t o do so within thirty days of the filing date of this Order shall constitute grounds for dismissal. IT IS FURTHER ORDERED that 20 Plaintiff's Motion for Permission to File Non- Resident Cost Bonds is DENIED as moot. Signed by Chief Judge Gloria M. Navarro on 3/13/17. (Copies have been distributed pursuant to the NEF - cc: Finance - ADR)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

BART STREET III,
4

Plaintiff,

5

vs.

6

ACC ENTERPRISES, LLC, et al.,
7

Defendants.

8

)
)
)
)
)
)
)
)
)

Case No.: 2:17-cv-00083-GMN-VCF
ORDER

9

Pending before the Court is the Motion for Permission to File Non-Resident Cost

10
11

Bonds, (ECF No. 20), by Plaintiff Bart Street III (“Plaintiff”). Also before the Court is

12

the Motion for Demand for Security of Costs, (ECF No. 28), filed by Defendants ACC

13

Enterprises, LLC and ACC Industries, Inc (collectively “Defendants”). On March 8,

14

2017, Plaintiff filed a Notice of Non-Opposition to Defendants’ Motion for Demand for

15

Security of Costs. (ECF No. 30).
Under Nevada law, “[w]hen a plaintiff in an action resides out of the State, or is a

16
17

foreign corporation, security for the costs and charges which may be awarded against

18

such plaintiff may be required by the defendant.” NRS § 18.130(1). “After the lapse of

19

30 days from the service of notice that security is required . . . upon proof thereof, and

20

that no undertaking as required has been filed, the court or judge may order the action to

21

be dismissed.” NRS § 18.130(4). It is the policy of the United States District Court for

22

the District of Nevada to enforce the requirements of NRS § 18.130 in diversity actions.

23

See, e.g., Feagins v. Trump Org., No. 2:11-cv-01121-GMN, 2012 WL 925027, at *1 (D.

24

Nev. Mar. 19, 2012).

25

///

Page 1 of 2

1

Accordingly,

2

IT IS HEREBY ORDERED that Defendants’ Motion for Demand for Security of

3
4

Costs, (ECF No. 28), is GRANTED.
IT IS FURTHER ORDERED that Plaintiff must submit a bond pursuant to this

5

Order in the amount of $500.00 as to each Defendant. Failure to do so within thirty days

6

of the filing date of this Order shall constitute grounds for dismissal.

7
8
9

IT IS FURTHER ORDERED that Plaintiff’s Motion for Permission to File NonResident Cost Bonds, (ECF No. 20), is DENIED as moot.
13
DATED this _____ day of March 2017.

10
11
12
13

__________________________________
Gloria M. Navarro, Chief Judge
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25

Page 2 of 2