Bank of New York Mellon v. Tierra De Las Palmas Owners Association et al

Filing 19

ORDER granting 12 Motion for Demand for Security of Costs. FURTHER ORDERED that the hearing on Absolute Collections Services, LLC's 9 Motion to Dismiss scheduled for October 25, 2017 at 9:00 a.m. is VACATED. Signed by Judge Jennifer A. Dorsey on 10/18/2017. (Copies have been distributed pursuant to the NEF, cc: Finance - JM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
4

Bank of New York Mellon,

5

2:17-cv-02112-JAD-CWH

Plaintiff
Order Directing Clerk of Court to Accept
Security of Costs Under NRS 18.130 and
Vacating Hearing

6

v.

7

Tierra De Las Palmas Owners Association, et
al,

[ECF No. 12]

8
Defendants
9
10
SFR Investments Pool 1, LLC demanded that Plaintiff Bank of New York Mellon, an out-

11
12

of-state resident, post a cost bond under NRS 18.130(1).1 The statute allows a defendant in an

13

action brought by an out-of-state plaintiff to demand that the plaintiff post a bond to secure costs

14

up to $500.2 Once the demand is filed and served, “all proceedings in the action shall be stayed”

15

until the cost bond is deposited.3 If the bond is not posted within 30 days of the demand, the

16

defendant may move for dismissal.4
Because a court order is required in this district for the Clerk of Court to permit the

17
18

posting of a cost bond, the demand is tracked as a motion in the court’s system. Accordingly,

19

with good cause appearing, IT IS HEREBY ORDERED that SFR’s Demand for Security of

20

Costs [ECF No. 12] is GRANTED; the CLERK OF COURT is directed to accept the

21

deposit of $500.00 from plaintiff under NRS 18.130 as security for costs and charges that may

22

be awarded against this plaintiff in the event that the cost bond is presented for deposit. Plaintiff

23
24
1

ECF No. 12.

2

Nev. Rev. Stat. 18.130(1).

3

Id.

4

Nev. Rev. Stat. 18.130(4).

25
26
27
28

1

must bring a copy of this order to the Clerk’s office when making this deposit. IT IS FURTHER

2

ORDERED that this case is stayed by operation of NRS 18.130(1) until the $500 is deposited.

3

IT IS FURTHER ORDERED that the hearing on Absolute Collections Services, LLC’s

4

Motion to Dismiss [ECF No. 9] scheduled for October 25, 2017 at 9:00 a.m. is VACATED.

5

If, after reviewing the motion, the Court determines that a hearing is necessary, the Court will

6

reset the motion for hearing.

7

DATED: October 18, 2017

8

________________________________
_____________________
_
_
_ _
Jennifer A. Dorsey
fer A. Dorsey
or
or
United States District Judge
d
Judge
ud
ud

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2