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

Filing 16

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)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

U.S. BANK NATIONAL ASSOCIATION,

8

Plaintiff(s),

9
10

Case No. 2:17-CV-1485 JCM (PAL)
ORDER

v.
SFR INVESTMENTS POOL 1, LLC, et al.,

11

Defendant(s).

12
13
14

Presently before the court is defendant SFR Investments Pool 1, LLC’s motion for security
of costs. (ECF No. 14).

15

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

16

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

17

defendant . . . .” Nev. Rev. Stat. § 18.130. Further, “[i]t is the policy of the United States District

18

Court for the District of Nevada to enforce the requirements of [Nevada Revised Statute (“NRS”)

19

§] 18.130 in diversity actions.” Feagins v. Trump Org., No. 2:11-cv-01121-GMN-GWF, 2012

20

WL 925027, at *1 (D. Nev. Mar. 19, 2012) (citing Hamar v. Hyatt Corp., 98 F.R.D. 305, 305–06

21

(D. Nev. 1983); Arrambide v. St. Mary’s Hosp., Inc., 647 F.Supp. 1148, 1149 (D. Nev. 1986)).

22
23

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).

24

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

25

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

26

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

27

...

28
James C. Mahan
U.S. District Judge

1

Accordingly,

2

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

3

security costs, (ECF No. 14) be, and the same hereby is, GRANTED.

4

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

5

or make a cash deposit of $500.00 as to defendant within seven (7) days of the entry of this order.

6
7
8

DATED August 16, 2017.
__________________________________________
UNITED STATES DISTRICT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-2-