Bank of New York Mellon v. SFR Investments Pool 1, LLC et al

Filing 16

ORDER Granting 14 Motion for Demand for Security of Costs. Security shall be posted within 7 days of the issuance of this order. Signed by Magistrate Judge Nancy J. Koppe on 4/14/17. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-00716-RFB-NJK Document 14 Filed 04/13/17 Page 1 of 4

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DIANA CLINE EBRON, ESQ.
Nevada Bar No. 10580
E-Mail: [e-mail]
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
E-Mail: [e-mail]
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
E-Mail: [e-mail]
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139-5974
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendant,
SFR Investments Pool 1, LLC
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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[phone] FAX [phone]

KIMGILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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THE BANK OF NEW YORK MELLON
F/K/A THE BANK OF NEW YORK AS
SUCCESSOR TO JPMORGAN CHASE
BANK, NOT INDIVIDUALLY BUT
SOLELY AS TRUSTEE FOR THE
HOLDERS OF THE BEAR STEARNS ALTA TRUST 2004-11, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 200411,

Case No.: 2:17-cv-00716-RFB-NJK
SFR INVESTMENTS POOL 1, LLC’S
DEMAND FOR SECURITY OF COSTS
PURSUANT TO NRS 18.130(1)

Plaintiff,

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vs.

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SFR INVESTMENTS POOL 1, LLC, a
Nevada Limited Liability Company; SMOKE
RANCH MAINTENANCE DISTRICT, a
Domestic Non-Profit Corporation; and RED
ROCK FINANCIAL SERVICES, LLC, a
Delaware Limited Liability Company,

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Defendants.
SFR INVESTMENTS POOL 1, LLC’S DEMAND FOR SECURITY OF COSTS
PURSUANT TO NRS 18.130(1)
Defendant SFR INVESTMENTS POOL 1, LLC (“SFR”) hereby demands that Plaintiff
THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS
SUCCESSOR TO JPMORGAN CHASE BANK, NOT INDIVIDUALLY BUT SOLELY AS

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Case 2:17-cv-00716-RFB-NJK Document 14 Filed 04/13/17 Page 2 of 4

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TRUSTEE FOR THE HOLDERS OF THE BEAR STEARNS ALT-A TRUST 2004-11,

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MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-11 (“BNYM” or “Bank”), an

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out-of-state resident, post a cost bond pursuant to NRS 18.130(1).

required by defendant, by the filing and service on plaintiff of a written demand therefor within

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the time limited for answering the complaint.” NRS 18.130(1). When a defendant demands a

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cost bond, “all proceedings in the action shall be stayed” until plaintiff files “an undertaking,

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executed by two or more persons, to be filed with the clerk, to the effect that they will pay such

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costs and charges as may be awarded against the plaintiff by judgment, or in the progress of the

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action” or “in lieu of such undertaking, the plaintiff may deposit $500, lawful money, with the

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[phone] FAX [phone]

Bank, “security for the costs and charges which may be awarded against such plaintiff may be

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KIMGILBERT EBRON

In Nevada, if a plaintiff resides outside of Nevada or is a foreign corporation, like the

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7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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clerk of the court.” Id. “After the lapse of 30 days from the service of notice that security is

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required, or of an order for new or additional security, upon proof thereof, and that no

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undertaking as required has been filed, the court or judge may order the action to be dismissed.”

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NRS 18.130(4).

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“It is the policy of the United States District Court for the District of Nevada to enforce

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the requirements of NRS 18.130 in diversity actions.” Feagins v. Trump Organization, 2012 WL

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925027 (D. Nev.)(citing Hamar v. Hyatt Corp., 98 F.R.D. 305, 305-6 (D. Nev. 1983); Arrambide

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v. St. Mary’s Hosp., Inc., 647 F.Supp. 1148, 1149 (D. Nev. 1986)).

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Case 2:17-cv-00716-RFB-NJK Document 14 Filed 04/13/17 Page 3 of 4

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Here BNYM is not a Nevada citizen, but rather a national banking association organized

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under the laws of the United States, with its principal place of business located in New York.

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Accordingly, SFR demands that the Bank post a $500 cost bond within thirty (30) days and that

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the proceedings be stayed until such cost bond is posted. Should the Bank fail to comply with the

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requirements of NRS 18.130 within thirty (30) days, SFR requests this action be dismissed.

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DATED this 13th day of April, 2017.

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KIM GILBERT EBRON

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[phone] FAX [phone]

KIMGILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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GRANTED. Security shall be
posted within 7 days of the issuance
of this order. IT IS SO ORDERED.
Dated: April 14, 2017

By: /s/ Diana Cline Ebron
DIANA CLINE EBRON, ESQ.
Nevada Bar No. 10580
E-Mail: [e-mail]
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
E-Mail: [e-mail]
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
E-Mail: [e-mail]
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139-5974
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendant,
SFR Investments Pool 1, LLC

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__________________________
United States Magistrate Judge

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