MIRANDA M. DU, District Judge.
This action involves tort and contract claims relating to the sale of Clover Valley Ranch in Elko County, Nevada. (ECF No. 23 at 1.)
Plaintiff Gaetan Pelletier initiated this action against a number of defendants in his Complaint dated September 5, 2017. (ECF No. 1.) Defendant Robert J. Wines then moved to dismiss the Complaint for insufficient service of process and defect in venue. (ECF No. 13.) Plaintiff remedied these deficiencies, and Defendant Wines acknowledged that his motion to dismiss is now moot. (ECF No. 21 at 2.) Accordingly, Defendant Wines' motion to dismiss (ECF No. 13) is denied as moot.
Defendant Wines also filed a motion demanding security of costs (ECF No. 15) pursuant to NRS § 18.130(1), which provides:
Plaintiff then filed his First Amended Complaint ("FAC") (ECF No. 23), which triggered an amended motion demanding security of costs by Defendant Wines (ECF No. 25). Defendant William V. Rodriguez joined Defendant Wines' amended motion demanding security of costs.
Plaintiff filed one response (ECF No. 29) to the three motions demanding security of costs (ECF Nos. 15, 24, 25). Plaintiff also filed a motion to deny security of costs (ECF No. 32), which is improper because it constitutes a second response to the motions demanding security of costs. The Court strikes that motion and all responsive briefing (ECF Nos. 35, 38, 39, 40, 41, 42). Plaintiff also filed a motion requesting judicial notice that amounts to a third response to the motions demanding security of costs. (ECF No. 44.) The Court strikes this motion as well.
The Ninth Circuit recognizes that "federal district courts have inherent power to require plaintiffs to post security for costs." Simulnet E. Assocs. v. Ramada Hotel Operating Co., 37 F.3d 573, 574 (9th Cir. 1994). "It is the policy of [this Court] to enforce the requirements of NRS § 18.130 in diversity actions." Feagins v. Trump Org., No. 2:11-cv-01121-GMN-GWF, 2012 WL 925027, at *1 (D. Nev. Mar. 19, 2012) (citing Hamar v. Hyatt Corp., 98 F.R.D. 305, 305-06 (D. Nev. 1983)).
Plaintiff appears to have attempted to post security for costs with the Court, though prematurely. (ECF No. 29 at 1.) Nevertheless, Plaintiff essentially argues that Defendants seek security for costs in bad faith. (See id. at 1-2.) Plaintiff has failed to demonstrate that Defendants have acted in bad faith by seeking security for costs; he has alleged no facts to support this assertion. Accordingly, the Court finds that Defendants' demands for security of costs should be granted.
The Court notes that the parties made several arguments and cited to several cases not discussed above. The Court has reviewed these arguments and cases and determines that they do not warrant discussion as they do not affect the outcome of the motions before the Court.
It is therefore ordered that Defendant Wines' amended motion for demand for security of costs (ECF No. 25) is granted. Defendant Wines' initial motion for demand for security of costs (ECF No. 15) is denied as moot. Defendant Wines' motion to dismiss (ECF No. 13) is also denied as moot. Defendant William V. Rodriguez's joinder in Defendant Wines' amended motion demanding security of costs (ECF No. 31) is granted.
It is further ordered that Defendants James W. Middagh and Mortensen Partners motion for demand for security of costs (ECF No. 24) is granted.
It is further ordered that Plaintiff either post a bond for security costs or deposit lawful money for security costs in the amount of $500 for each Defendant who demanded security of costs, totaling $2,000, to the Clerk's Office within thirty (30) days. This case will be stayed pending Plaintiff's compliance with this security requirement.
The Clerk is instructed to strike the following docket entries: ECF Nos. 32, 35, 38, 39, 40, 41, 42, and 44.