U.S. Bank, National Association, as Trustee for C-BASS Trust 2006-CB9, C-BASS Mortgage Loan Asset-Backed Certificates, Series 2006-CB9 v. SFR Investment Pool 1, LLC et al

Filing 12

ORDER that 10 Motion for Demand for Security of Costs is GRANTED. FURTHER ORDERED that Plaintiff must submit a bond pursuant to this Order in the amount of $500.00 as to Defendant. Signed by Chief Judge Gloria M. Navarro on 3/6/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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U.S. BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR CBASS TRUST 2006-CB9, C-BASS
MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2006-CB9,

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Plaintiff,
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vs.
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SFR INVESTMENT POOL 1, LLC, et al., )
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Defendants.
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Case No.: 2:17-cv-00246-GMN-CWH
ORDER

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Pending before the Court is a Motion for Demand for Security of Costs, (ECF No.

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10), filed by Defendant SFR Investments Pool 1, LLC (“Defendant”). For the reasons set

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forth below, the Motion is GRANTED.

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The Ninth Circuit recognizes that “federal district courts have inherent power to

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require plaintiffs to post security for costs.” Simulnet E. Assocs. v. Ramada Hotel

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Operating Co., 37 F.3d 573, 574 (9th Cir. 1994). Under Nevada law, “[w]hen a plaintiff

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in an action resides out of the State, or is a foreign corporation, security for the costs and

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charges which may be awarded against such plaintiff may be required by the defendant.”

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NRS § 18.130(1). “After the lapse of 30 days from the service of notice that security is

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required . . . upon proof thereof, and that no undertaking as required has been filed, the

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court or judge may order the action to be dismissed.” NRS § 18.130(4). It is the policy of

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the United States District Court for the District of Nevada to enforce the requirements of

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NRS § 18.130 in diversity actions. See, e.g., Feagins v. Trump Org., No. 2:11-cv-01121-

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GMN, 2012 WL 925027, at *1 (D. Nev. Mar. 19, 2012).

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Because Plaintiff U.S. Bank, National Association, as Trustee for C-BASS Trust

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2006-CB9, C-BASS Mortgage Loan Asset-Backed Certificates, Series 2006-CB9, resides

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outside of Nevada, (Compl. ¶ 5, ECF No. 1), the Court finds that it is appropriate to

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require Plaintiff to post a security bond of $500.00 in this matter pursuant to NRS

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§ 18.130.

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IV.

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CONCLUSION
IT IS HEREBY ORDERED that the Motion Demanding Security of Costs, (ECF

No. 10), is GRANTED.
IT IS FURTHER ORDERED that Plaintiff must submit a bond pursuant to this

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

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

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DATED this _____ day of March, 2017.

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

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