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

Filing 13

ORDER Granting Defendant SFR Investments Pool 1, LLC's 9 Motion for Demand for Security of Costs. Plaintiff must submit a bond pursuant to this Order in the amount of $500.00 as to Defendant. Failure to do so within thirty days of the filing date of this Order shall constitute grounds for dismissal. Signed by Chief Judge Gloria M. Navarro on 4/17/2017. (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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THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS, INC. ASSET-BACKED
CERTIFICATES, SERIES 2005-4,

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Plaintiff,
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vs.
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SFR INVESTMENTS POOL 1, LLC;
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ALIANTE MASTER ASSOCIATION; and )
DOES 1 THROUGH 10, INCLUSIVE,
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Defendants.
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Case No.: 2:17-cv-00779-GMN-VCF
ORDER

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Pending before the Court is a Motion for Demand for Security of Costs (ECF No.

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9) filed by Defendant SFR Investments Pool 1, LLC (“Defendant”). For the reasons set

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forth 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 The Bank of New York Mellon (“Plaintiff”) resides outside of

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Nevada, (Compl. ¶ 1, ECF No. 1), the Court finds that it is appropriate to require Plaintiff

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to post a 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. 9) 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 Defendant. Failure to do so within thirty days of

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the 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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