Federal National Mortgage Association v. BFP Investments 4 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 10/18/17. (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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FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

ORDER
Plaintiff,

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v.
BFP INVESTMENTS 4 LLC,
Defendant.

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Case No. 2:17-cv-02033-JCM-VCF

Presently before the court is defendant BFP Investments 4 LLC’s motion for security of
costs. (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., No. 2:11-cv-01121-GMN-GWF, 2012

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

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

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In its complaint, plaintiff Federal National Mortgage Association states it is a citizen of the
District of Columbia for jurisdictional purpose in civil cases. (ECF No. 1 at 3).

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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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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 THIS 18th day of October, 2017.

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JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE

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