The Bank of New York Mellon v. Traccia Community Association et al

Filing 18

ORDER granting Defendant's ECF No. 13 Demand for Security Costs; directing Plaintiff to post a $500 cost bond or cash deposit of $500 as to Defendant within 7 days. Signed by Judge James C. Mahan on 9/6/2017. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BANK OF NEW YORK MELLON,

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Case No. 2:17-CV-1802 JCM (CWH)
Plaintiff(s),

ORDER

v.
TRACCIA COMMUJNITY ASSOCIATION,
et al.,
Defendant(s).

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James C. Mahan
U.S. District Judge

Presently before the court is defendant SFR Investments Pool 1, LLC’s motion for security
of costs. (ECF No. 13).
“When a plaintiff in an action resides out of the State, or is a foreign corporation, security
for the costs and charges which may be awarded against such plaintiff may be required by the
defendant . . . .” Nev. Rev. Stat. § 18.130. Further, “[i]t is the policy of the United States District
Court for the District of Nevada to enforce the requirements of [Nevada Revised Statute (“NRS”)
§] 18.130 in diversity actions.” Feagins v. Trump Org., No. 2:11-cv-01121-GMN-GWF, 2012
WL 925027, at *1 (D. Nev. Mar. 19, 2012) (citing Hamar v. Hyatt Corp., 98 F.R.D. 305, 305–06
(D. Nev. 1983); Arrambide v. St. Mary’s Hosp., Inc., 647 F.Supp. 1148, 1149 (D. Nev. 1986)).
In its complaint, plaintiff Bank of New York Mellon states it is a New York corporation
with its principal office in New York. (ECF No. 1 at 2).
Thus, this court finds that defendant properly invokes NRS 18.130. Pursuant to that statute,
plaintiff is to deposit $500.00 with the clerk of court for “costs and charges as may be awarded”
in this case. Nev. Rev. Stat. § 18.130.

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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. 13) 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 September 6, 2017.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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