Bank Of New York Mellon v. Sunrise Ridge Master Homeowners Association et al
Filing
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ORDER granting 8 Motion for Demand for Security of Costs.; Case stayed until the $500 cost bond is deposited. Signed by Judge Jennifer A. Dorsey on 2/22/2017. (Copies have been distributed pursuant to the NEF, cc: Finance - JM)
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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-00233-JAD-VCF
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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. 8]
Sunrise Ridge Master Homeowners
Association, et al.,
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Defendants
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Defendant SFR Investments Pool 1, LLC has demanded that plaintiff the Bank of New
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York Mellon, an out-of-state resident, post a cost bond under NRS 18.130(1).1 The statute
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allows a defendant in an action brought by an out-of-state plaintiff to demand that the plaintiff
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post a bond to secure costs up to $500.2 Once the demand is filed and served, “all proceedings in
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the action shall be stayed” until the cost bond is deposited.3 If the bond is not posted within 30
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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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SFR’s Demand for Security of Costs [ECF No. 8] 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. 8.
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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 this
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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.
DATED: February 22, 2017
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________________________________
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Jennifer A. Dorsey
er A Dorsey
United States District Judge
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