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

Filing 19

ORDER Granting 18 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 4/27/17. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-00716-RFB-NJK Document 18 Filed 04/26/17 Page 1 of 4

1 MARC S. CWIK, ESQ.
Nevada Bar No. 06946
2 BRADLEY M. MARX, ESQ.
Nevada Bar No. 012999
3 LEWIS BRISBOIS BISGAARD & SMITH LLP
6385 S. Rainbow Boulevard, Suite 600
4 Las Vegas, Nevada 89118
PH: [phone]
5 FAX: [phone]
E-Mail: [e-mail]
6 E-mail: [e-mail]
7 Attorneys for Defendant
Smoke Ranch Maintenance District
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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11 THE BANK OF NEW YORK MELLON
F/K/A THE BANK OF NEW YORK AS
12 SUCCESSOR TO JPMORGAN CHASE
BANK, NOT INDIVIDUALLY BUT
13 SOLELY AS TRUSTEE FOR THE
HOLDERS OF THE BEAR STEARNS ALT14 A TRUST 2004-11, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 200415 11,

DEMAND FOR SECURITY OF COSTS

Plaintiff,

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CASE NO. 2:17-cv-00716-RFB-NJK

vs.

18 SFR INVESTMENTS POOL, 1, LLC, a
Nevada Limited Liability Company; SMOKE
19 RANCH MAINTENANCE DISTRICT, a
Domestic Non-Profit Corporation; and RED
20 ROCK FINANCIAL SERVICES, LLC, a
Delaware Limited Liability Company,
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Defendants.
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COMES NOW, Defendant SMOKE RANCH MAINTENANCE DISTRICT by and

25 through its attorneys of record, Marc S. Cwik, Esq., and Bradley M. Marx, Esq., of LEWIS
26 BRISBOIS BISGAARD & SMITH LLP, demands and requests securities from Plaintiff THE
27 BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO

LEWIS

28 JPMORGAN CHASE BANK, NOT INDIVIDUALLY BUT SOLELY AS TRUSTEE FOR THE

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

2:17-cv-00716-RFB-NJK
DEMAND FOR SECURITY OF COSTS
4823-6924-4231.1

Case 2:17-cv-00716-RFB-NJK Document 18 Filed 04/26/17 Page 2 of 4

1 HOLDERS OF THE BEAR STEARNS ALT-A TRUST 2004-11, MORTGAGE PASS2 THROUGH CERTIFICATES, SERIES 2004-11 (“New York Mellon”), non-residents of the State
3 of Nevada, post a non-resident cost bond pursuant to Nevada Revised Statutes 18.130(1). This
4 statute states, in pertinent part:
(1) When a plaintiff in an action resides out of the state, or is a foreign corporation,
security for the costs and charges which may be awarded against such plaintiff may
be required by the defendant, by the filing and service on plaintiff of a written
demand therefor within the time limited for answering the complaint. When so
required, all proceedings in the action shall be stayed until an undertaking, executed
by two or more persons, be filed with the clerk, to the effect that they will pay such
costs and charges as may be awarded against the plaintiff by judgment, or in the
progress of the action, not exceeding the sum of $500; or in lieu of such
undertaking, the plaintiff may deposit $500, lawful money, with the clerk of the
court, subject to the same conditions as required for the undertaking. The plaintiff,
upon filing the undertaking or depositing the security, shall notify the defendant of
such filing or deposit, and the defendant, after receipt of such notice, shall have 10
days or the period allowed under N.R.C.P. 12(a), whichever is longer, in which to
answer or otherwise plead to the complaint.

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13 See, NRS 18.130(1).
In diversity cases in the United States District Court for the District of Nevada, demands

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15 for security costs pursuant to NRS 18.130 are enforced and Defendants do not have to include
16 points and authorities. Hamar v. Hyatt Corp., 98 F.R.D. 305 (D. Nev. 1983).
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LEWIS

28 / / /

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

2:17-cv-00716-RFB-NJK
DEMAND FOR SECURITY OF COSTS
4823-6924-4231.1

2

Case 2:17-cv-00716-RFB-NJK Document 18 Filed 04/26/17 Page 3 of 4

1

Based upon the above-cited authority and the mandatory requirements of NRS 18.130,

2 Defendant SMOKE RANCH MAINTENANCE DISTRICT, demands that New York Mellon post
3 the necessary security of costs of Five Hundred Dollars ($500.00) within thirty (30) days and that
4 the proceedings be stayed until such bond is posted. Should New York Mellon fail to comply,
5 SMOKE RANCH MAINTENANCE DISTRICT requests this action be dismissed.
6

DATED this 26th day of April, 2017.

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LEWIS BRISBOIS BISGAARD & SMITH LLP

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By

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/s/ Bradley M. Marx
MARC S. CWIK, ESQ.
Nevada Bar No. 06946
BRADLEY M. MARX, ESQ.
Nevada Bar No. 012999
6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
Attorneys for Defendant
Smoke Ranch Maintenance District

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GRANTED. Security shall
be posted within 7 days of
the issuance of this order.
IT IS SO ORDERED.
Dated: April 27, 2017

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_________________________
United States Magistrate Judge

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LEWIS

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BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

2:17-cv-00716-RFB-NJK
DEMAND FOR SECURITY OF COSTS
4823-6924-4231.1

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