Elawyers Elawyers
Washington| Change

U.S. BANK, N.A. v. SFR INVESTMENTS POOL I, LLC, 2:15-CV-1527 JCM (NJHK). (2015)

Court: District Court, D. Nevada Number: infdco20151208e41 Visitors: 19
Filed: Dec. 07, 2015
Latest Update: Dec. 07, 2015
Summary: ORDER JAMES C. MAHAN , District Judge . Presently before the court is a notice of demand for security of costs filed by defendant SFR Investments Pool 1, LLC ("defendant"). (Doc. # 8). Plaintiff U.S. Bank, N.A., ("plaintiff") filed a response. (Doc. # 9). Defendants did not file a reply, and the deadline to reply has now passed. Defendant asks that plaintiff be required to file security of costs in the amount of $500.00 pursuant to NRS 18.130(1) because plaintiff is a non-resident of Nevad
More

ORDER

Presently before the court is a notice of demand for security of costs filed by defendant SFR Investments Pool 1, LLC ("defendant"). (Doc. # 8). Plaintiff U.S. Bank, N.A., ("plaintiff") filed a response. (Doc. # 9). Defendants did not file a reply, and the deadline to reply has now passed.

Defendant asks that plaintiff be required to file security of costs in the amount of $500.00 pursuant to NRS 18.130(1) because plaintiff is a non-resident of Nevada. (Doc. # 8).

In response, plaintiff alleges that it attempted to deposit the $500.00 security but the clerk would not accept it without a court order. Plaintiff further claims that the parties were preparing a stipulation and order to file with this court.

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). A federal district court typically follows the forum state's practice regarding security of costs, particularly when a party is a non-resident. See, e.g., 10 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 2671 (3d ed. 1998). Nevada Revised Statute 18.130 provides that the court may require an out-of-state plaintiff to post a security for costs in an amount up to $500.00 upon request by a defendant. Nev. Rev. Stat. 18.130.

This court has yet to receive a stipulation from the parties, but nonetheless finds it appropriate to order security of costs in this matter.

Accordingly,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant's motion demanding security of costs, (doc. # 8), be, and the same hereby is, GRANTED.

IT IS FURTHER ORDERED that plaintiff shall post security bonds in the amount of $500.00 within seven days of the entry of this order.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer