Opinion
Case No. 2:16-cv-2804-JCM-GWF
02-27-2017
U.S. BANK NATIONAL ASSOCIATION, Plaintiff, v. SFR INVESTMENTS POOL 1, LLC, et al., Defendants.
ORDER
Presently before the court is defendant SFR Investments Pool 1 LLC's demand for security of costs against plaintiff U.S. Bank National Association. (ECF No. 7).
Plaintiff appears as Trustee for the Holders of the First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2006-FF2. (ECF No. 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 . . . ." Nev. Rev. Stat. § 18.130. Further, "[i]t is the policy of the United States District Court for the District of Nevada to enforce the requirements of [Nevada Revised Statute ("NRS") §] 18.130 in diversity actions." Feagins v. Trump Org., 2012 WL 925027 (D. Nev. 2012) (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)).
In its complaint, plaintiff states that it "is a national banking association whose main office is located in Cincinnati, Ohio. For diversity purposes, [plaintiff] is a citizen only of Ohio." (ECF No. 1 at 2).
This court finds that defendant properly invokes NRS 18.130. Pursuant to that statute, plaintiff is to deposit $500.00 with the clerk of court for "costs and charges as may be awarded" in this case. Nev. Rev. Stat. § 18.130.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant's demand for security costs, (ECF No. 7) be, and the same hereby is, GRANTED.
IT IS FURTHER ORDERED that plaintiff shall post a cost bond in the amount of $500.00 or make a cash deposit of $500.00 as to SFR Investments Pool 1, LLC within seven (7) days of the entry of this order.
DATED THIS 27th day of February, 2017.
/s/_________
JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE