U.S. Bank Trust, N.A. v. SFR Investments Pool 1, LLC

Filing 9

ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 7 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 7/26/17. (Copies have been distributed pursuant to the NEF - ADR)

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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 TRUST, N.A.,

Case No. 2:17-CV-1753 JCM (CWH)

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Plaintiff(s),

ORDER

v.
SFR INVESTMENTS POOL 1, LLC,
Defendant(s).

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Presently before the court is defendant SFR Investments Pool 1, LLC’s demand for security of

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costs against plaintiff U.S. Bank Trust, N.A. (ECF No. 7).

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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., 2012 WL 925027 (D. Nev. 2012) (citing

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Hamar v. Hyatt Corp., 98 F.R.D. 305, 305–06 (D. Nev. 1983); Arrambide v. St. Mary’s Hosp.,

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Inc., 647 F.Supp. 1148, 1149 (D. Nev. 1986)).

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In its complaint, plaintiff alleges that it is “a limited-liability company based in

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Wilmington, Delaware” and that defendant “is a Nevada limited liability company with its

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principal place of business in Nevada.” (ECF No. 1 at 1).

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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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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. 7) 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 July 26, 2017.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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