Wells Fargo Bank, N.A. et al v. Chestnut Bluffs Avenue Trust et al

Filing 16

ORDER Granting 14 Motion for Demand for Security of Costs. Plaintiffs Wells Fargo Bank, N.A. and Federal National Mortgage Association shall deposit $500 with the Clerk of Court. This case is stayed by operation of NRS 18.130(1) until the cost bonds are from both plaintiffs are deposited. Signed by Magistrate Judge Cam Ferenbach on 8/2/2017. (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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WELLS FARGO BANK, N.A., et al.,
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Plaintiffs,
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vs.
CHESTNUT BLUFFS AVENUE TRUST, et al.,

2:17-cv-01344-RFB-VCF
ORDER

Defendants.

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Defendant Chestnut Bluffs Avenue Trust has demanded that plaintiffs Wells Fargo Bank, N.A.

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and Federal National Mortgage Association, out-of-state residents, each post a cost bond of $500, for a

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total of $1,000, under NRS 18.130(1). The statute allows a defendant in an action brought by an out-of-

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state plaintiff to demand that the plaintiff post a bond to secure costs up to $500. Once the demand is filed

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and served, “all proceedings in the action shall be stayed” until the cost bond is deposited. If the bond is

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not posted within 30 days of the demand, the defendant may move for dismissal. Because a court order is

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required in this district for the Clerk of Court to permit the posting of a cost bond, the demand is tracked

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as a motion in the court’s system.

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Accordingly, with good cause appearing, IT IS HEREBY ORDERED that Defendant’s Notice of

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Demand for Security of Costs (ECF No. 14) is GRANTED. In the event that the cost bond is presented

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for deposit, the CLERK OF COURT is directed to accept the deposit of $500.00 each, from plaintiffs

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Wells Fargo Bank, N.A. and Federal National Mortgage Association, under NRS 18.130, as security for

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costs and charges that may be awarded against the plaintiff. The plaintiff must bring a copy of this order

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to the Clerk’s office when making this deposit.

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IT IS FURTHER ORDERED that this case is stayed by operation of NRS 18.130(1) until the cost
bonds are from both plaintiffs are deposited.
DATED this 2nd day of August, 2017.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE