Bank of New York Mellon v. Tierra De Las Palmas Owners Association et al
Filing
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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)
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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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2:17-cv-02112-JAD-CWH
Plaintiff
Order Directing Clerk of Court to Accept
Security of Costs Under NRS 18.130 and
Vacating Hearing
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v.
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Tierra De Las Palmas Owners Association, et
al,
[ECF No. 12]
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Defendants
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SFR Investments Pool 1, LLC demanded that Plaintiff Bank of New York Mellon, an out-
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of-state resident, post a cost bond under NRS 18.130(1).1 The statute allows a defendant in an
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action brought by an out-of-state plaintiff to demand that the plaintiff post a bond to secure costs
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up to $500.2 Once the demand is filed and served, “all proceedings in the action shall be stayed”
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until the cost bond is deposited.3 If the bond is not posted within 30 days of the demand, the
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defendant may move for dismissal.4
Because a court order is required in this district for the Clerk of Court to permit the
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posting of a cost bond, the demand is tracked as a motion in the court’s system. Accordingly,
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with good cause appearing, IT IS HEREBY ORDERED that SFR’s Demand for Security of
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Costs [ECF No. 12] is GRANTED; the CLERK OF COURT is directed to accept the
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deposit of $500.00 from plaintiff under NRS 18.130 as security for costs and charges that may
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be awarded against this plaintiff in the event that the cost bond is presented for deposit. Plaintiff
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ECF No. 12.
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Nev. Rev. Stat. 18.130(1).
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Id.
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Nev. Rev. Stat. 18.130(4).
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must bring a copy of this order to the Clerk’s office when making this deposit. IT IS FURTHER
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ORDERED that this case is stayed by operation of NRS 18.130(1) until the $500 is deposited.
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IT IS FURTHER ORDERED that the hearing on Absolute Collections Services, LLC’s
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Motion to Dismiss [ECF No. 9] scheduled for October 25, 2017 at 9:00 a.m. is VACATED.
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If, after reviewing the motion, the Court determines that a hearing is necessary, the Court will
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reset the motion for hearing.
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DATED: October 18, 2017
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________________________________
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Jennifer A. Dorsey
fer A. Dorsey
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or
United States District Judge
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Judge
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