HSBC Bank USA
v.
SFR Invs. Pool 1, LLC

This case is not covered by Casetext's citator
UNITED STATES DISTRICT COURT DISTRICT OF NEVADAJan 6, 2017
2:16-cv-02762-RFB-NJK (D. Nev. Jan. 6, 2017)

2:16-cv-02762-RFB-NJK

01-06-2017

HSBC BANK USA, Plaintiff, v. SFR INVESTMENTS POOL 1, LLC, et al., Defendants.


ORDER (Docket No. 7)

Pending before the Court is Defendant SFR Investments Pool 1, LLC's ("SFR") Demand for Security of Costs. Docket No. 7. No response has been filed. See Docket. 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, *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, ¶¶ 2, 4. Therefore, Plaintiff is required to provide security in the amount of $500 per defendant, pursuant to NRS 18.130. See Feagins, 2012 WL 925027, *1; see also Truck Ins. Exchange v. Tetzlaff, 683 F.Supp. 223, 227 (D.Nev.1988).

CONCLUSION

Based on the foregoing, and good cause appearing therefore,

IT IS HEREBY ORDERED that Defendant SFR's Demand for Security of Costs (Docket No. 7) is GRANTED.

IT IS FURTHER ORDERED that Plaintiff shall provide security in the amount of $500 per Defendant, no later than January 20, 2017.

DATED: January 6, 2017.

/s/_________


NANCY J. KOPPE


United States Magistrate Judge