The Bank of New York Mellon v. Sunrise Ridge Master Homeowners Association et al

Filing 13

ORDER Granting the HOA's 11 Motion for Demand for Security of Costs and charges that may be awarded against the Plaintiff in the amount of $500.00. 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 3/6/2017. (Copies have been distributed pursuant to the NEF - SLD)

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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 as Trustee,

2:17-cv-00214-JAD-GWF

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Plaintiff
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Order Directing Clerk of Court to Accept
Security of Costs Under NRS 18.130

v.
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[ECF No. 11]
Sunrise Ridge Master Homeowners
Association, et al.,

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Defendants

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Defendant Sunrise Ridge Master Homeowners Association has demanded that plaintiff

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the Bank of New York Mellon, an out-of-state resident, post a cost bond under NRS 18.130(1).1

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The statute allows a defendant in an action brought by an out-of-state plaintiff to demand that the

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plaintiff post a bond to secure costs up to $500.2 Once the demand is filed and served, “all

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proceedings in the action shall be stayed” until the cost bond is deposited.3 If the bond is not

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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

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posting of a cost bond, the demand is tracked as a motion in the court’s system. Accordingly,

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with good cause appearing, IT IS HEREBY ORDERED that:

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•

The HOA’s Demand for Security of Costs [ECF No. 11] is GRANTED;

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•

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

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ECF No. 11.

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Nev. Rev. Stat. § 18.130(1).

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Id.

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Nev. Rev. Stat. § 18.130(4).

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charges that may be awarded against the plaintiff. The plaintiff must bring a copy of

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this order to the Clerk’s office when making this deposit.

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IT IS FURTHER ORDERED that this case is stayed by operation of NRS 18.130(1)

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until the $500 cost bond is deposited.

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DATED: March 6, 2017

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________________________________
__________________
_ ______ _ _
Jennifer A. Dorsey
r A Dorsey
o
United States District Judge
States
t
t Judge
ud

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