DLJ Mortgage Capital, Inc. v. SFR Investments Pool 1, LLC et al

Filing 10

ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 7 defendant's motion for demand for security of costs be, and the same hereby are, GRANTED. IT IS FURTHER ORDERED that plaintiff shall post security in the amount of $500.00 within fourteen (14) days of the entry of this order. Signed by Judge James C. Mahan on 10/3/17. (Copies have been distributed pursuant to the NEF - ADR)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

DLJ MORTGAGE CAPITAL, INC.,

8

Plaintiff(s),

9
10

Case No. 2:17-CV-2338 JCM (GWF)
ORDER

v.
SFR INVESTMENTS POOL 1, LLC, et al.,

11

Defendant(s).

12
13

Presently before the court is defendant SFR Investment Pool 1, LLC’s motion for demand

14

for security of costs. (ECF No. 7). Defendant asks that plaintiff DLJ Mortgage Capital, Inc. (DLJ)

15

file security of costs in the amount of $500.00 in favor of the defendant pursuant to NRS 18.130(1)

16

because plaintiff is a non-resident of Nevada.

17

The Ninth Circuit recognizes that “federal district courts have inherent power to require

18

plaintiffs to post security for costs.” Simulnet E. Assocs. v. Ramada Hotel Operating Co., 37 F.3d

19

573, 574 (9th Cir. 1994). A federal district court typically follows the forum state’s practice

20

regarding security of costs, particularly when a party is a non-resident. See, e.g., 10 Charles Alan

21

Wright & Arthur R. Miller, Federal Practice and Procedure § 2671 (3d ed. 1998). Section 18.130

22

of the Nevada Revised Statutes provides that the court may require an out-of-state plaintiff to post

23

a security for costs in an amount up to $500.00 upon request by a defendant. Nev. Rev. Stat. §

24

18.130.

25

This court finds it appropriate to order security of costs in this matter.

26

Accordingly,

27

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant’s motion for

28
James C. Mahan
U.S. District Judge

demand for security of costs (ECF Nos. 7) be, and the same hereby are, GRANTED.

1
2
3
4
5

IT IS FURTHER ORDERED that plaintiff shall post security in the amount of $500.00
within fourteen (14) days of the entry of this order.
DATED October 3, 2017.
__________________________________________
UNITED STATES DISTRICT JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-2-