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

Filing 10

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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 The Bank of New York Mellon fka the Bank of New York as Trustee, 2:17-cv-00233-JAD-VCF 5 Plaintiff 6 Order Directing Clerk of Court to Accept Security of Costs Under NRS 18.130 v. 7 [ECF No. 8] Sunrise Ridge Master Homeowners Association, et al., 8 9 Defendants 10 Defendant SFR Investments Pool 1, LLC has demanded that plaintiff the Bank of New 11 12 York Mellon, an out-of-state resident, post a cost bond under NRS 18.130(1).1 The statute 13 allows a defendant in an action brought by an out-of-state plaintiff to demand that the plaintiff 14 post a bond to secure costs up to $500.2 Once the demand is filed and served, “all proceedings in 15 the action shall be stayed” until the cost bond is deposited.3 If the bond is not posted within 30 16 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. 8] 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. 8. 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 5 until the $500 cost bond is deposited. DATED: February 22, 2017 6 ________________________________ _________________ _ __ _ _ _ Jennifer A. Dorsey er 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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