Opinion
Case No. 2:17-cv-01074-RFB-NJK
06-23-2017
BANK OF NEW YORK MELLON , Plaintiff, v. EMILY RUDDELL, et al., Defendants.
ORDER (Docket No. 14)
Pending before the Court is Defendant Wigwam Ranch Square Homeowners Association's ("Wigwam") Demand for Security of Costs. Docket No. 14. No response was filed. The Court finds that this motion is properly resolved without oral argument. See Local Rule 78-1.
DISCUSSION
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 Org., 2012 WL 925027, at *1 (D. Nev. Mar. 19, 2012) (citing Hamar v. Hyatt Corp., 98 F.R.D. 305, 305-306 (D.Nev.1983); Arrambide v. St. Mary's Hosp., Inc., 647 F. Supp. 1148, 1149 (D.Nev.1986)). Under Nevada law, "[w]hen 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." NRS 18.130(1). The present case is a diversity action and Plaintiff is a non-resident of this state. See Complaint, Docket No. 1, at ¶ 2. Therefore, Plaintiff is required to provide security in the amount of $500 per defendant, pursuant to NRS 18.130. See Feagins, 2012 WL 925027, at *1.
CONCLUSION
Based on the foregoing, and good cause appearing therefore,
IT IS HEREBY ORDERED that Defendant Wigwam's Demand for Security of Costs, Docket No. 14, is GRANTED.
IT IS FURTHER ORDERED that Plaintiff shall post security in the amount of $500, as to Defendant Wigwam, no later than July 3, 2017.
DATED: June 23, 2017.
/s/_________
NANCY J. KOPPE
United States Magistrate Judge