U.S. Bank, National Association, et al v. SFR Investments Pool 1, LLC, et al

Filing 10

ORDER Granting Defendant's 7 and 8 Motions for Demand for Security of Costs. Plaintiffs shall each post security in the amount of $500.00 within seven (7) days of the entry of this order. Signed by Judge James C. Mahan on 6/1/2017. (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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***

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U.S. BANK NATIONAL ASSOCIATION,
et al.,

ORDER
Plaintiff(s),

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v.

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Case No. 2:17-CV-1319 JCM (GWF)

SFR INVESTMENTS POOL 1, LLC, et al.,
Defendant(s).

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Presently before the court are defendant SFR Investments Pool 1, LLC’s motions for

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demand for security of costs. (ECF Nos. 7, 8). Defendant asks that plaintiffs U.S. Bank, N.A. and
SunTrust Mortgage, Inc. file security of costs in the amount of $500.00 in favor of the defendant
pursuant to NRS 18.130(1) because plaintiffs are non-residents of Nevada.
The Ninth Circuit recognizes that “federal district courts have inherent power to require

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plaintiffs to post security for costs.” Simulnet E. Assocs. v. Ramada Hotel Operating Co., 37 F.3d
573, 574 (9th Cir. 1994). A federal district court typically follows the forum state’s practice
regarding security of costs, particularly when a party is a non-resident. See, e.g., 10 Charles Alan
Wright & Arthur R. Miller, Federal Practice and Procedure § 2671 (3d ed. 1998). Section 18.130
of the Nevada Revised Statutes provides that the court may require an out-of-state plaintiff to post
a security for costs in an amount up to $500.00 upon request by a defendant. Nev. Rev. Stat. §
18.130.
This court finds it appropriate to order security of costs in this matter.

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James C. Mahan
U.S. District Judge

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant’s motions for

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demand for security of costs (ECF Nos. 7, 8) be, and the same hereby are, GRANTED.
IT IS FURTHER ORDERED that plaintiffs shall each post security in the amount of
$500.00 within seven (7) days of the entry of this order.
DATED June 1, 2017.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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