Deutsche Bank National Trust Company v. SFR Investments Pool 1, LLC et al

Filing 10

ORDER Granting Defendant's 8 Motion for Demand for Security of Costs. Plaintiff must submit a bond pursuant to this Order in the amount of $500.00 as to Defendant. Failure to do so within thirty days of the filing date of this Order shall constitute grounds for dismissal. Signed by Chief Judge Gloria M. Navarro on 5/9/2017. (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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DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR
MORGAN STANLEY ABS CAPITAL I
INC. TRUST 2006-HE8 MORTGAGE
PASS-THROUGH CERTIFICATES,
SERIES 2006-HE8,

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Plaintiff,
vs.

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SFR INVESTMENTS POOL 1, LLC;
DESERT GREENS HOMEOWNERS
ASSOCIATION,
Defendants.

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Case No.: 2:17-cv-00259-GMN-NJK
ORDER

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Pending before the Court is a Motion for Demand for Security of Costs, (ECF

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No. 8), filed by Defendant SFR Investments Pool 1, LLC (“Defendant”). For the reasons

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set 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 Deutsche Bank National Trust Company, as trustee for Morgan

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Stanley ABS Capital 1 Inc. Trust, Mortgage Pass-Through Certificates Series 2006-HE8

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(“Plaintiff”) resides outside of Nevada, (Compl. ¶ 4, ECF No. 1), the Court finds that it is

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

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to NRS § 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. 8), 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 May, 2017.

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

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