Federal National Mortgage Association v. Keynote Properties, LLC et al

Filing 13

ORDER granting 11 Motion for Demand for Security of Costs. FURTHER ORDERED that plaintiff shall post security in the amount of $500.00 within thirty (30) days of the entry of this order. Signed by Judge James C. Mahan on 9/12/2017. (Copies have been distributed pursuant to the NEF, cc: Finance - JM)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7
8

FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

ORDER
Plaintiff(s),

9
v.

10
11

Case No. 2:17-CV-1647 JCM (NJK)

KEYNOTE PROPERTIES, LLC, et al.,
Defendant(s).

12
13

Presently before the court is defendant Keynote Properties, LLC’s motion for demand for

14
15
16
17

security of costs. (ECF No. 11). Defendant asks that plaintiff—Federal National Mortgage
Association—file security of costs in the amount of $500.00 in favor of the defendant pursuant to
NRS 18.130(1) because plaintiff is a non-resident of Nevada.
The Ninth Circuit recognizes that “federal district courts have inherent power to require

18
19
20
21
22
23
24
25

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.

26
27
28
James C. Mahan
U.S. District Judge

...
...

1

Accordingly,

2

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

3
4
5
6
7
8

demand for security of costs (ECF No. 11) be, and the same hereby is, GRANTED.
IT IS FURTHER ORDERED that plaintiff shall post security in the amount of $500.00
within thirty (30) days of the entry of this order.
DATED September 12, 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-