Filed: Apr. 27, 2017
Latest Update: Apr. 27, 2017
Summary: DEMAND FOR SECURITY OF COSTS NANCY J. KOPPE , Magistrate Judge . COMES NOW, Defendant SMOKE RANCH MAINTENANCE DISTRICT by and through its attorneys of record, Marc S. Cwik, Esq., and Bradley M. Marx, Esq., of LEWIS BRISBOIS BISGAARD & SMITH LLP, demands and requests securities from Plaintiff THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, NOT INDIVIDUALLY BUT SOLELY AS TRUSTEE FOR THE HOLDERS OF THE BEAR STEARNS ALT-A TRUST 2004-11, MORTGAGE PASS-
Summary: DEMAND FOR SECURITY OF COSTS NANCY J. KOPPE , Magistrate Judge . COMES NOW, Defendant SMOKE RANCH MAINTENANCE DISTRICT by and through its attorneys of record, Marc S. Cwik, Esq., and Bradley M. Marx, Esq., of LEWIS BRISBOIS BISGAARD & SMITH LLP, demands and requests securities from Plaintiff THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, NOT INDIVIDUALLY BUT SOLELY AS TRUSTEE FOR THE HOLDERS OF THE BEAR STEARNS ALT-A TRUST 2004-11, MORTGAGE PASS-T..
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DEMAND FOR SECURITY OF COSTS
NANCY J. KOPPE, Magistrate Judge.
COMES NOW, Defendant SMOKE RANCH MAINTENANCE DISTRICT by and through its attorneys of record, Marc S. Cwik, Esq., and Bradley M. Marx, Esq., of LEWIS BRISBOIS BISGAARD & SMITH LLP, demands and requests securities from Plaintiff THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, NOT INDIVIDUALLY BUT SOLELY AS TRUSTEE FOR THE HOLDERS OF THE BEAR STEARNS ALT-A TRUST 2004-11, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-11 ("New York Mellon"), non-residents of the State of Nevada, post a non-resident cost bond pursuant to Nevada Revised Statutes 18.130(1). This statute states, in pertinent part:
(1) When a plaintiff in an action resides out of the state, or is a foreign corporation, security for the costs and charges which may be awarded against such plaintiff may be required by the defendant, by the filing and service on plaintiff of a written demand therefor within the time limited for answering the complaint. When so required, all proceedings in the action shall be stayed until an undertaking, executed by two or more persons, be filed with the clerk, to the effect that they will pay such costs and charges as may be awarded against the plaintiff by judgment, or in the progress of the action, not exceeding the sum of $500; or in lieu of such undertaking, the plaintiff may deposit $500, lawful money, with the clerk of the court, subject to the same conditions as required for the undertaking. The plaintiff, upon filing the undertaking or depositing the security, shall notify the defendant of such filing or deposit, and the defendant, after receipt of such notice, shall have 10 days or the period allowed under N.R.C.P. 12(a), whichever is longer, in which to answer or otherwise plead to the complaint.
See, NRS 18.130(1).
In diversity cases in the United States District Court for the District of Nevada, demands for security costs pursuant to NRS 18.130 are enforced and Defendants do not have to include points and authorities. Hamar v. Hyatt Corp., 98 F.R.D. 305 (D. Nev. 1983).
Based upon the above-cited authority and the mandatory requirements of NRS 18.130, Defendant SMOKE RANCH MAINTENANCE DISTRICT, demands that New York Mellon post the necessary security of costs of Five Hundred Dollars ($500.00) within thirty (30) days and that the proceedings be stayed until such bond is posted. Should New York Mellon fail to comply, SMOKE RANCH MAINTENANCE DISTRICT requests this action be dismissed.
GRANTED. Security shall be posted within 7 days of the issuance of this order.
IT IS SO ORDERED.
