JPMorgan Chase Bank, N.A. v. SFR Investments Pool 1, LLC et al
Filing
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ORDER Granting Defendant's 16 Motion for Demand for Security of Costs. Plaintiff must submit a bond pursuant to this Order in the amount of $500.00 as to SFR. Failure to do so within 30 days of the filing date of this Order shall constitute grounds for dismissal. Signed by Chief Judge Gloria M. Navarro on 4/7/2017. (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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JPMORGAN CHASE BANK, N.A.,
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Plaintiff,
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vs.
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SFR INVESTMENTS POOL 1, LLC, a
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Nevada limited liability company; THREE )
TURNBERRY PLACE, a Nevada non)
profit corporation; JEROME
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ROSENBERG, an individual; and 2747
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PARADISE, A SERIES OF LUCKY AMY )
NAN, LLC, a Nevada limited liability
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company,
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Defendants.
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Case No.: 2:17-cv-00349-GMN-NJK
ORDER
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Pending before the Court is a Motion for Demand for Security of Costs (ECF No.
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16) filed by Defendant SFR Investments Pool 1, LLC (“SFR”). For the reasons set forth
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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 JPMorgan Chase (“Plaintiff”) resides outside of Nevada,
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(Compl. ¶ 3, ECF No. 1), the Court finds that it is appropriate to require Plaintiff to post a
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security bond of $500.00 in this matter pursuant 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. 16) 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 SFR. Failure to do so within thirty days of the
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filing date of this Order shall constitute grounds for dismissal.
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DATED this _____ day of April, 2017.
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__________________________________
Gloria M. Navarro, Chief Judge
United States District Judge
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