U.S. Bank National Association v. SFR Investments Pool 1, LLC et al
Filing
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ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 14 defendant's demand for security costs, be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that plaintiff shall post a cost bond in the amount of $500.00 or make a cash deposit of $500.00 as to defendant within seven (7) days of the entry of this order. Signed by Judge James C. Mahan on 8/16/17. (Copies have been distributed pursuant to the NEF - cc: Finance - MR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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U.S. BANK NATIONAL ASSOCIATION,
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Plaintiff(s),
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Case No. 2:17-CV-1485 JCM (PAL)
ORDER
v.
SFR INVESTMENTS POOL 1, LLC, et al.,
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Defendant(s).
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Presently before the court is defendant SFR Investments Pool 1, LLC’s motion for security
of costs. (ECF No. 14).
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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 . . . .” Nev. Rev. Stat. § 18.130. Further, “[i]t is the policy of the United States District
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Court for the District of Nevada to enforce the requirements of [Nevada Revised Statute (“NRS”)
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§] 18.130 in diversity actions.” Feagins v. Trump Org., No. 2:11-cv-01121-GMN-GWF, 2012
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WL 925027, at *1 (D. Nev. Mar. 19, 2012) (citing Hamar v. Hyatt Corp., 98 F.R.D. 305, 305–06
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(D. Nev. 1983); Arrambide v. St. Mary’s Hosp., Inc., 647 F.Supp. 1148, 1149 (D. Nev. 1986)).
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In its complaint, plaintiff U.S. Bank, N.A. states that it “is a citizen of Ohio and no other
domestic state.” (ECF No. 1 at 2).
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Thus, this court finds that defendant properly invokes NRS 18.130. Pursuant to that statute,
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plaintiff is to deposit $500.00 with the clerk of court for “costs and charges as may be awarded”
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in this case. Nev. Rev. Stat. § 18.130.
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...
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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 demand for
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security costs, (ECF No. 14) 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 defendant within seven (7) days of the entry of this order.
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DATED August 16, 2017.
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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge
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