NATIONSTAR MORTGAGE, LLC v. AUBURN AND BRADFORD AT PROVIDENCE HOA

No. 2:16-cv-02580-JAD-CWH.

Nationstar Mortgage, LLC, Plaintiff, v. Auburn and Bradford at Providence HOA, et al., Defendants.

United States District Court, D. Nevada.

Editors Note
Applicable Law: 28 U.S.C. § 1332
Cause: 28 U.S.C. § 1332 Diversity - Petition to Quiet Title
Nature of Suit: 290 Real Property: Other
Source: PACER


Attorney(s) appearing for the Case

Natonstar Mortgage LLC, Plaintiff, represented by Melanie D. Morgan , Akerman LLP.

Natonstar Mortgage LLC, Plaintiff, represented by Rex Garner , Akerman LLP.

Auburn and Bradford at Providence Homeowners' Association, Defendant, represented by Robert S. Larsen , Gordon & Rees LLP & Wing Yan Wong , Gordon & Rees, LLP.

SFR Investments Pool 1, LLC, Defendant, represented by Diana Cline Ebron , Kim Gilbert Ebron, Jacqueline A. Gilbert , Kim Gilbert Ebron & Karen L. Hanks , Kim Gilbert Ebron.


Order Directing Clerk of Court to Accept Security of Costs Under NRS 18.130

[ECF No. 12]

JENNIFER A. DORSEY, District Judge.

Defendant SFR Investments Pool 1, LLC has demanded that plaintiff Nationstar Mortgage, LLC, an out-of-state resident, post a cost bond under NRS 18.130(1).1 The statute allows a defendant in an action brought by an out-of-state plaintiff to demand that the plaintiff post a bond to secure costs up to $500.2 Once the demand is filed and served, "all proceedings in the action shall be stayed" until the cost bond is deposited.3 If the bond is not posted within 30 days of the demand, the defendant may move for dismissal.4

Because a court order is required in this district for the Clerk of Court to permit the posting of a cost bond, the demand is tracked as a motion in the court's system. Accordingly, with good cause appearing, IT IS HEREBY ORDERED that

• SFR's Demand for Security of Costs [ECF No. 12] is GRANTED; • If the plaintiff presents the cost bond for deposit, the CLERK OF COURT is directed to accept the deposit of $500.00 under NRS 18.130 as security for costs and charges that may be awarded against this plaintiff. Plaintiff must bring a copy of this order to the Clerk's office when making this deposit.

IT IS FURTHER ORDERED that this case is stayed under NRS 18.130(1) until the $500 is deposited.

FootNotes


1. ECF No. 8.
2. Nev. Rev. Stat. § 18.130(1).
3. Id.
4. Nev. Rev. Stat. § 18.130(4). SFR states "Should the Lender fail to comply with the requirements of NRS 18.130 within thirty (30) days, SFR requests this action be dismissed." ECF No. 12 at 3. If SFR desires to dismiss this case under NRS 18.130, it must file a separate and properly supported motion to dismiss.

Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases