Bank of New York Mellon v. Springs at Centennial Ranch Homeowners Association et al

Filing 11

ORDER. IT IS HEREBY ORDERED that 9 SFR's Demand for Security of Costs is GRANTED; the CLERK OF COURT is directed to accept the deposit of $500.00 from plaintiff under NRS 18.130 as security for costs and charges that may be awarded aga inst this plaintiff in the event that the cost bond is presented for deposit. Plaintiff must bring a copy of this order to the Clerk's office when making this deposit. IT IS FURTHER ORDERED that this case is STAYED by operation of NRS 18.130(1) until the $500 is deposited. Signed by Judge Jennifer A. Dorsey on 7/11/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 The Bank of New York Mellon fka The Bank of New York as Trustee, 2:17-cv-01673-JAD-GWF 5 Plaintiff 6 v. 7 Springs at Centennial Ranch Homeowners Association; SFR Investments Pool 1, LLC, 8 Order Directing Clerk of Court to Accept Security of Costs Under NRS 18.130 and Staying Case [ECF No. 9] 9 Defendants 10 11 SFR Investments Pool 1, LLC demanded that Plaintiff The Bank of New York Mellon, an 12 13 out-of-state resident, post a cost bond under NRS 18.130(1).1 The statute allows a defendant in 14 an action brought by an out-of-state plaintiff to demand that the plaintiff post a bond to secure 15 costs up to $500.2 Once the demand is filed and served, “all proceedings in the action shall be 16 stayed” until the cost bond is deposited.3 If the bond is not posted within 30 days of the demand, 17 the defendant may move for dismissal.4 Because a court order is required in this district for the Clerk of Court to permit the 18 19 posting of a cost bond, the demand is tracked as a motion in the court’s system. Accordingly, 20 with good cause appearing, IT IS HEREBY ORDERED that SFR’s Demand for Security of Costs [ECF No. 9] is 21 22 GRANTED; the CLERK OF COURT is directed to accept the deposit of $500.00 from 23 24 1 ECF No. 9. 2 Nev. Rev. Stat. 18.130(1). 3 Id. 4 Nev. Rev. Stat. 18.130(4). 25 26 27 28 1 plaintiff under NRS 18.130 as security for costs and charges that may be awarded against this 2 plaintiff in the event that the cost bond is presented for deposit. Plaintiff must bring a copy of 3 this order to the Clerk’s office when making this deposit. 4 5 6 IT IS FURTHER ORDERED that this case is STAYED by operation of NRS 18.130(1) until the $500 is deposited. DATED: July 11, 2017 7 ________________________________ ________________ _____ __ ___________ _ Jennifer A. Dorsey nnifer A. Dorsey i r United States District Judge nited States District Judge d ta ict ud ud 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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