Carrington Mortgage Services, LLC v. Tapestry at Town Center Homeowners Association et al

Filing 16

ORDER denying as moot 13 Motion for Demand for Security of Costs. Signed by Magistrate Judge Peggy A. Leen on 6/12/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-01047-RFB-PAL Document 13 Filed 05/25/17 Page 1 of 4

1
2
3
4
5
6
7
8

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

9
UNITED STATES DISTRICT COURT
10
DISTRICT OF NEVADA
12
[phone] FAX [phone]

KIMGILBERT EBRON

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

11
CARRINGTON MORTGAGE SERVICES,
LLC,

Case No.: 2:17-cv-01047-RFB-PAL

13

SFR INVESTMENTS POOL 1, LLC’S
DEMAND FOR SECURITY OF COSTS
PURSUANT TO NRS 18.130(1)

Plaintiff,
14
vs.
15
16
17
18
19
20
21

TAPESTRY AT TOWN CENTER
HOMEOWNERS ASSOCIATION; TERRA
WEST COLLECTIONS GROUP LLC; SFR
INVESTMENTS POOL 1, LLC; DOE
INDIVIDUALS I-X, inclusive; and ROE
CORPORATIONS I-X, inclusive,
Defendants.
SFR INVESTMENTS POOL 1, LLC’S DEMAND FOR SECURITY OF COSTS
PURSUANT TO NRS 18.130(1)

22

Defendant SFR INVESTMENTS POOL 1, LLC (“SFR”) hereby demands that Plaintiff

23

CARRINGTON MORTGAGE SERVICES, LLC (“CARRINGTON” or “Lender”), an out-of-

24

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

25

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

26

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

27

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

28

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

Case 2:17-cv-01047-RFB-PAL Document 13 Filed 05/25/17 Page 2 of 4

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

NRS 18.130(4).

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

12
[phone] FAX [phone]

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

11

KIMGILBERT EBRON

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

10

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

9

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

13

///

14

///

15

///

16

///

17

///

18

///

19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///
-2-

Case 2:17-cv-01047-RFB-PAL Document 13 Filed 05/25/17 Page 3 of 4

1

Here CARRINGTON is not a Nevada citizen, but rather a national mortgage services

2

company organized under the laws of the United States, with its main office located in Delaware.

3

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

4

that the proceedings be stayed until such cost bond is posted. Should the Lender fail to comply

5

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

6

dismissed.

7
8

DATED this 25th day of May, 2017.

9

KIM GILBERT EBRON

10
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

12
[phone] FAX [phone]

KIMGILBERT EBRON

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

11

13
14
15
16
17
18
19
20
21
22

IT IS ORDERED that, as the court has approved the parties' Stipulation and Order
for Security of Costs, the Motion is DENIED as moot.
Dated: June 12, 2017
_________________________
Peggy A. Leen
United States Magistrate Judge

23
24
25
26
27
28
-3-

Case 2:17-cv-01047-RFB-PAL Document 13 Filed 05/25/17 Page 4 of 4

1
2

CERTIFICATE OF SERVICE
I hereby certify that on the

25th

day of May, 2017, pursuant to FRCP 5(b)(2)(E), I

3

caused service of a true and correct copy of the foregoing SFR INVESTMENTS POOL 1,

4

LLC’S DEMAND FOR SECURITY OF COSTS PURSUANT TO NRS 18.130(1) to be

5

made electronically via the U.S. District Court's Case Management/Electronic Case Files

6

(CM/ECF) system upon the following parties at the e-mail addresses listed below:

7

Ariel E. Stern, Esq.
Natalie L. Winslow, Esq.
Akerman LLP
1160 North Town Center Drive, Suite 330
Las Vegas, Nevada 89144-0563
E-Mail: [e-mail]
[e-mail]
Attorney for Plaintiff,
Carrington Mortgage Services, LLC

8
9
10

12
[phone] FAX [phone]

KIMGILBERT EBRON

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

11

13
14
15
16
17

Douglas M. Cohen, Esq.
Gregory P. Kerr, Esq.
Jordan J. Butler, Esq.
Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP
3556 East Russell Road, Second Floor
Las Vegas, Nevada 89120-2234
E-Mail: [e-mail]
[e-mail]
[e-mail]
Attorney for Defendant,
Tapestry at Town Center Homeowners Association

18
19

/s/ Michael L. Sturm
MICHAEL L. STURM, an employee of
KIM GILBERT EBRON

20
21
22
23
24
25
26
27
28
-4-