Deutsche Bank National Trust Company v. SFR Investments Pool 1, LLC et al

Filing 13

ORDER Granting SFR Investments Pool 1, LLC's 11 Motion for Demand for Security of Costs.The Clerk of Court is directed to accept the deposit of $500 as security for costs and charges that may be awarded against Plaintiff. This case is stayed by operation of NRS 18.130(1) until the $500 cost bond is deposited. Signed by Magistrate Judge George Foley, Jr on 4/11/2018. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 8 9 10 DEUTSCHE BANK NATIONAL TRUST COMPANY Case No. 2:18-cv-00194-GMN-GWF Plaintiff, ORDER v. SFR INVESTMENTS POOL 1, LLC et al., 11 Defendants. 12 This matter is before the Court on Defendant, SFR INVESTMENTS POOL 1, LLC, 13 Demand for Security of Costs Pursuant to NRS 18.130(1) (ECF No. 11), filed on April 10, 2018. 14 Defendant SFR INVESTMENTS POOL 1, LLC has demanded that Plaintiff DEUTSCHE 15 BANK NATIONAL TRUST COMPANY, an out-of-state resident, post a cost bond under NRS 16 18.130(1). That statute allows a defendant in an action brought by an out-of-state plaintiff to 17 demand that the plaintiff post a bond to secure costs up to $500. Nev. Rev. Stat. § 18.130(1). 18 Once the demand is filed and served, “all proceedings in the action shall be stayed” until the cost 19 bond is deposited. Id. If the plaintiff fails to post the cost bond within 30 days of the demand, the 20 defendant may move for dismissal. Nev. Rev. Stat. § 18.130(4). 21 In this district, a demand is tracked as a motion in the court’s system because a court order 22 is required for the Clerk of Court to permit the posting of a cost bond. Accordingly, and for good 23 cause shown, 24 IT IS HEREBY ORDERED that SFR INVESTMENTS POOL 1, LLC, Demand for 25 Security of Costs Pursuant to NRS 18.130(1) (ECF No. 11) is granted. 26 27 28 1 1 IT IS FURTHER ORDERED that in the event that the cost bond is presented for deposit, 2 the Clerk of Court is directed to accept the deposit of $500 under NRS 18.130 as security for costs 3 and charges that may be awarded against Plaintiff. 4 5 6 7 8 IT IS FURTHER ORDERED that Plaintiff must bring a copy of this order to the Clerk’s office when making this deposit. IT IS FURTHER ORDERED that this case is stayed by operation of NRS 18.130(1) until the $500 cost bond is deposited. DATED this 11th day of April, 2018. 9 10 11 ______________________________________ 12 GEORGE FOLEY, JR. United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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