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

Filing 12

ORDER Granting Defendant SFR Investments Pool I, LLC's 8 Motion for Demand for Security of Costs. Plaintiff shall post a cost bond in the amount of $500.00 or make a cash deposit of $500.00 as to SFR Investments Pool 1, LLC within seven (7) days of the entry of this order. Signed by Judge James C. Mahan on 7/6/2017. (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,

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Plaintiff(s),

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Case No. 2:17-CV-1424 JCM (VCF)
ORDER

v.
SFR INVESTMENTS POOL I, LLC, et al.,

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Defendant(s).

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Presently before the court is defendant SFR Investments Pool I, LLC’s demand for security
of costs pursuant to Nevada Revised Statute (“NRS”) 18.130. (ECF No. 8).

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“When a plaintiff in an action resides out of the State, or is a foreign corporation, security

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for the costs and charges which may be awarded against such plaintiff may be required by the

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defendant . . . .” NRS 18.130. Further, “[i]t is the policy of the United States District Court for

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the District of Nevada to enforce the requirements of NRS 18.130 in diversity actions.” Feagins

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v. Trump Org., 2012 WL 925027 (D. Nev. 2012) (citing Hamar v. Hyatt Corp., 98 F.R.D. 305,

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305–6 (D. Nev. 1983); Arrambide v. St. Mary’s Hosp., Inc., 647 F.Supp. 1148, 1149 (D. Nev.

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1986)).

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Here, defendant asserts that plaintiff is a national banking association based in Ohio. (ECF

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No. 8).

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argument.1 (ECF No. 1).

Plaintiff U.S. Bank National Association’s (“U.S. Bank”) complaint supports that

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James C. Mahan
U.S. District Judge

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U.S. Bank brings this action on behalf of the registered holders of Bear Stearns Asset
Backed Securities I LLC, Asset-Backed Certificates, Series 2007-AC1. See (ECF No. 1).

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Thus, this court finds that defendant properly invokes NRS 18.130. Pursuant to that

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statute, plaintiff is to deposit $500.00 with the clerk of court for “costs and charges as may be

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awarded” in this case. Nev. Rev. Stat. § 18.130.

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Accordingly,

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

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security costs, (ECF No. 8) be, and the same hereby is, GRANTED.

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IT IS FURTHER ORDERED that plaintiff shall post a cost bond in the amount of $500.00

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or make a cash deposit of $500.00 as to SFR Investments Pool 1, LLC within seven (7) days of

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the entry of this order.

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DATED July 6, 2017.
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UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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