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Jacqueline Escobar & John v. Events

United States District Court, D. Nevada

March 31, 2014

JACQUELINE ESCOBAR & JOHN aka JACK SILVA, Plaintiff(s),
v.
JEL EVENTS, et al., Defendant(s)

ORDER

JAMES C. MAHAN, District Judge.

Presently before the court are defendant Jel Events, Inc.'s motions demanding security for costs from plaintiffs Jacqueline Escobar (doc. # 10) and John Silva (doc. # 11).

Defendant Jel Events requests that the plaintiffs each be required to submit a security for costs in the amount of $500 pursuant to Nev. Rev. Stat 18.130.

The Ninth Circuit recognizes that "federal district courts have inherent power to require plaintiffs to post security for costs." Simulnet E. Associates v. Ramada Hotel Operating Co ., 37 F.3d 573, 574 (9th Cir. 1994). A federal district court typically follows the forum state's practice, particularly when a party is a non-resident. See, e.g., § 2671 Security for Costs, 10 Fed. Prac. & Proc. Civ. § 2671 (3d ed.). Nev. Rev. Stat.18.130 provides that the court may require an out-of-state plaintiff to post a security of costs in an amount up to $500 upon a request by a defendant.

The court finds that it is appropriate to require that plaintiff Escobar and plaintiff Silva each post a security of $500 in this matter. Accordingly,

IT IS HEREBY ORDERED, ADJUDGED, DECREED that defendant Jel Events Inc.'s motions demanding securities of costs (docs. ## 10 & 11) be, and at the same time hereby are, GRANTED.

IT IS FURTHER ORDERED that plaintiff Escobar shall post a security bond in the amount of $500 within 14 days of the entry of this order.

IT IS FURTHER ORDERED that plaintiff Silva shall post a security bond in the amount of $500 within 14 days of the entry of this order.


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