JPMorgan Chase Bank, N.A. v. SFR Investments Pool 1, LLC et al

Filing 25

ORDER that 21 Motion for demand for security of costs is GRANTED. FURTHER ORDERED that 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 7/26/17. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

JP MORGAN CHASE BANK, N.A.,

8

Plaintiff(s),

9
10

Case No. 2:17-CV-326 JCM (NJK)
ORDER

v.
SFR INVESTMENTS POOL 1, LLC, et al.,

11

Defendant(s).

12
13

Presently before the court is defendant Antelope Homeowners Association’s motion for

14

demand for security of costs. (ECF No. 21). Defendant asks that plaintiff JP Morgan Chase Bank,

15

N.A. file security of costs in the amount of $500.00 in favor of the defendant pursuant to NRS

16

18.130(1) because plaintiff is a non-resident of Nevada.

17

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

18

plaintiffs to post security for costs.” Simulnet E. Assocs. v. Ramada Hotel Operating Co., 37 F.3d

19

573, 574 (9th Cir. 1994). A federal district court typically follows the forum state’s practice

20

regarding security of costs, particularly when a party is a non-resident. See, e.g., 10 Charles Alan

21

Wright & Arthur R. Miller, Federal Practice and Procedure § 2671 (3d ed. 1998). Section 18.130

22

of the Nevada Revised Statutes provides that the court may require an out-of-state plaintiff to post

23

a security for costs in an amount up to $500.00 upon request by a defendant. Nev. Rev. Stat. §

24

18.130.

25

This court finds it appropriate to order security of costs in this matter.

26

Accordingly,

27

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant’s motion for

28
James C. Mahan
U.S. District Judge

demand for security of costs (ECF No. 21) be, and the same hereby is, GRANTED.

1
2
3
4
5

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 July 26, 2017.
__________________________________________
UNITED STATES DISTRICT JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-2-