JPMorgan Chase Bank, N.A. v. SFR Investments Pool 1, LLC et al
Filing
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ORDER Granting Defendant's 11 Motion for Demand for Security of Costs. Plaintiff shall post security in the amount of $500.00 within seven (7) days of the entry of this order. Signed by Judge James C. Mahan on 5/25/2017. (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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***
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JP MORGAN CHASE BANK, N.A.,
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Plaintiff(s),
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Case No. 2:17-CV-326 JCM (NJK)
ORDER
v.
SFR INVESTMENTS POOL 1, LLC, et al.,
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Defendant(s).
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Presently before the court is defendant SFR Investments Pool 1, LLC’s motion for demand
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for security of costs. (ECF No. 11). Defendant asks that plaintiff JPMorgan Chase Bank, N.A.
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file security of costs in the amount of $500.00 in favor of the defendant pursuant to NRS 18.130(1)
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because plaintiff is a non-resident of Nevada.
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The Ninth Circuit recognizes that “federal district courts have inherent power to require
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plaintiffs to post security for costs.” Simulnet E. Assocs. v. Ramada Hotel Operating Co., 37 F.3d
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573, 574 (9th Cir. 1994). A federal district court typically follows the forum state’s practice
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regarding security of costs, particularly when a party is a non-resident. See, e.g., 10 Charles Alan
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Wright & Arthur R. Miller, Federal Practice and Procedure § 2671 (3d ed. 1998). Section 18.130
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of the Nevada Revised Statutes provides that the court may require an out-of-state plaintiff to post
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a security for costs in an amount up to $500.00 upon request by a defendant. Nev. Rev. Stat. §
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18.130.
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This court finds it appropriate to order security of costs in this matter.
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Accordingly,
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant’s motion for
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James C. Mahan
U.S. District Judge
demand for security of costs (ECF No. 11) be, and the same hereby is, GRANTED.
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IT IS FURTHER ORDERED that plaintiff shall post security in the amount of $500.00
within seven (7) days of the entry of this order.
DATED May 25, 2017.
__________________________________________
UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge
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