Filed: Jul. 07, 2017
Latest Update: Jul. 07, 2017
Summary: CLIFFORD L. CASEY'S DEMAND FOR SECURITY OF COSTS PURSUANT TO NRS 18.130(1) NANCY J. KOPPE , Magistrate Judge . CLIFFORD L. CASEY'S DEMAND FOR SECURITY OF COSTS PURSUANT TO NRS 18.130(1) Defendant CLIFFORD L. CASEY ("CASEY") hereby demands that Plaintiff THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-82, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-82 ("BNYM" or "Bank"), an out-of-state resident, po
Summary: CLIFFORD L. CASEY'S DEMAND FOR SECURITY OF COSTS PURSUANT TO NRS 18.130(1) NANCY J. KOPPE , Magistrate Judge . CLIFFORD L. CASEY'S DEMAND FOR SECURITY OF COSTS PURSUANT TO NRS 18.130(1) Defendant CLIFFORD L. CASEY ("CASEY") hereby demands that Plaintiff THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-82, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-82 ("BNYM" or "Bank"), an out-of-state resident, pos..
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CLIFFORD L. CASEY'S DEMAND FOR SECURITY OF COSTS PURSUANT TO NRS 18.130(1)
NANCY J. KOPPE, Magistrate Judge.
CLIFFORD L. CASEY'S DEMAND FOR SECURITY OF COSTS PURSUANT TO NRS 18.130(1)
Defendant CLIFFORD L. CASEY ("CASEY") hereby demands that Plaintiff THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-82, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-82 ("BNYM" or "Bank"), an out-of-state resident, post a cost bond pursuant to NRS 18.130(1).
In Nevada, if a plaintiff resides outside of Nevada or is a foreign corporation, like the Bank, "security for the costs and charges which may be awarded against such plaintiff may be required by defendant, by the filing and service on plaintiff of a written demand therefor within the time limited for answering the complaint." NRS 18.130(1). When a defendant demands a cost bond, "all proceedings in the action shall be stayed" until plaintiff files "an undertaking, executed by two or more persons, to 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" or "in lieu of such undertaking, the plaintiff may deposit $500, lawful money, with the clerk of the court." Id. "After the lapse of 30 days from the service of notice that security is required, or of an order for new or additional security, upon proof thereof, and that no undertaking as required has been filed, the court or judge may order the action to be dismissed." NRS 18.130(4).
"It is the policy of the United States District Court for the District of Nevada to enforce the requirements of NRS 18.130 in diversity actions." Feagins v. Trump Organization, 2012 WL 925027 (D. Nev.)(citing Hamar v. Hyatt Corp., 98 F.R.D. 305, 305-6 (D. Nev. 1983); Arrambide v. St. Mary's Hosp., Inc., 647 F.Supp. 1148, 1149 (D. Nev. 1986)).
Here BNYM is not a Nevada citizen, but rather a national banking association organized under the laws of the United States, with its principal office located in New York. Accordingly, CASEY demands that the Bank post a $500 cost bond within thirty (30) days and that the proceedings be stayed until such cost bond is posted. Should the Bank fail to comply with the requirements of NRS 18.130 within thirty (30) days, CASEY requests this action be dismissed.
GRANTED. Plaintiff shall post the security of costs within seven days.
IT IS SO ORDERED.
