1 Dylan P. Todd (NV Bar No. 10456) Lee H. Gorlin (NV Bar No. 13879) 2 FORAN GLENNON PALANDECH PONZI 3 & RUDLOFF PC 2200 Paseo Verde Parkway, Suite 280 4 Henderson, NV 89052 Telephone: 702-827-1510 5 Facsimile: 312-863-5099 dtodd@fgppr.com 6 lgorlin@fgppr.com 7 Attorneys for Plaintiffs 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA, SOUTHERN DIVISION 10 11 ALLSTATE INSURANCE COMPANY, CASE NO. 2:15-cv-01434--GMN-VCF INSURANCE COMPANY, ALLSTATE FIRE & 14 [PROPOSED] ORDER TO RELEASE 15 Plaintiff, SECURITY BOND vs. 16 OBTEEN N. NASSIRI, D.C., et al., 17 Defendants. 18 19 Plaintiffs Allstate Insurance Company, Allstate Property & Casualty Insurance 20 Company and Allstate Indemnity Company (collectively “Allstate”) by and through their 21 attorneys for record, hereby the Court issue an Order to release the Security Bond deposited 22 with this court on April 28, 2016. 23 Defendants FAA FOI Tuitama, Advanced Med, LLC and Green Tree Services LLC 24 filed a Motion for Security Costs [ECF No. 54] on October 15, 2015. Allstate filed a 25 response to the Motion [ECF No. 57] on November 11, 2015. Defendants FOI Tuitama, 26 Advanced Med, LLC and Green Tree Services filed its reply in support of its motion on 27 November 23, 2015 [ECF No. 58]. The Court issued its Order Granting the Motion for 28 1 Security Costs on April 22, 2016 [ECF No. 91] See Exhibit A. On April 28, 2016 Allstate 2 deposited the security costs ($4,500.00) with the Court [ECF 94]. See Exhibit B. 3 This case was closed in April in 2018. Allstate respectfully requests this Court to 4 issue an order releasing the security bond. 5 The current owner of the bond is McCormick Barstow. Allstate requests the total 6 bond amount ($4,500.00) plus interest be payable to them. 7 Dated this 20th day of March, 2020. FORAN GLENNON PALANDECH PONZI 8 & RUDLOFF PC 9 10 By: ___/s/ Dylan Todd______________ Dylan P. Todd (NV Bar No. 10456) 11 Lee H. Gorlin (NV Bar No. 13879) 2200 Paseo Verde Parkway, Suite 280 12 Henderson, NV 89052 13 Attorneys for Plaintiffs 14 16 IT IS SO ORDERED that the Security Bond in the above-entitled matter be released. 17 18 Dated this _2_3__ day of March, 2020. 19 _________________________________________ 20 Gloria M. Navarro, District Judge 21 UNITED STATES DISTRICT COURT 22 23 24 25 26 27 28 2 I certify that a copy of the foregoing [PROPOSED] ORDER TO RELEASE SECURITY 3 BOND was served by the method indicated:
4 ☐ BY FAX: by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m. pursuant to EDCR Rule 7.26(a). A printed 5 transmission record is attached to the file copy of this document(s). 6 ☐ BY U.S. MAIL: by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Las Vegas, Nevada addressed as set forth 7 below. 8 BY ELECTRONIC SERVICE: submitted to the above-entitled Court for electronic service upon the Court’s Service List for the above-referenced case. 9 BY EMAIL: by emailing a PDF of the document listed above to the email addresses of the 10 individual(s) listed below. 11 Dated: March 20, 2020 12 /s/ Rita Tuttle 13 An Employee of Foran Glennon
15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A
Order
EXHIBIT A
Case □□□□□□□□□□□□□□□□□□□□□□□□ Document Yl riled 04/22/10 Page 1 of 2
UNITED STATES DISTRICT COURT 3 ALLSTATE INSURANCE COMPANY, et _) 4 ) ; ) Plaintiffs, ) Case No.: 2:15-cv-01434-GMN-VCF ) ORDER 7 OBTEEN N. NASSIRI, D.C., et al., ) ) Defendants. ) 9 ) 10 Pending before the Court is a Demand for Security of Costs (ECF No. 54) 11 pursuant to Nevada Revised Statutes § 18.130 filed by Defendants Faa Foi Tuitama, 12 ) Advanced Med LLC, and Green Tree Services, LLC (collectively “Defendants”). 13 Plaintiffs Allstate Insurance Company, Allstate Property & Casualty Insurance Company, 14 and Allstate Indemnity Company (collectively “Plaintiffs”) filed a Response (ECF No. 15 57), and Defendants filed a Reply (ECF No. 58). For the reasons set forth below, the 16 Motion is granted. 18 Plaintiffs’ Complaint alleges that Defendants engaged in a series of fraudulent 19 transfers in violation of Nevada Uniform Fraudulent Transfer Act, Nev. Rev. Stat. 20 §§ 112.140, et seg., and invokes the Court’s diversity jurisdiction pursuant to 28 U.S.C. 21 § 1332(a). (Compl. Jf 2, 24, ECF No. 1). Defendants subsequently filed the instant 22 Demand for Security of Costs (ECF No. 54). 24 The Ninth Circuit recognizes that “federal district courts have inherent power to 25 require plaintiffs to post security for costs.” Simulnet E. Assocs. v. Ramada Hotel
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Case 4:19-CV-U1L454-GMN-VCF Document yi Filed 04/22/16 Page 24 of 2
| || Operating Co., 37 F.3d 573, 574 (9th Cir. 1994). Under Nevada law, “[w]hen a plaintiff 2 an action resides out of the State, or is a foreign corporation, security for the costs and 3 charges which may be awarded against such plaintiff may be required by the defendant.” 4 NRS § 18.130(1). “After the lapse of 30 days from the service of notice that security is 5 )required . . . upon proof thereof, and that no undertaking as required has been filed, the 6 court or judge may order the action to be dismissed.” NRS § 18.130(4). It is the policy o 7 the United States District Court for the District of Nevada to enforce the requirements of 8 IINRS § 18.130 in diversity actions. See, e.g., Feagins v. Trump Org., No. 2:11-cv-01121- 9 GMN, 2012 WL 925027, at *1 (D. Nev. Mar. 19, 2012). 10 11TH. DISCUSSION 1 Plaintiffs argue that requiring a security for costs would be inappropriate as “their 12 presence in Nevada is so strong that there is no danger of Plaintiffs being unavailable to 13 pay any costs they may be ultimately responsible for.” (Resp. 2:21-22). Plaintiffs admit, 14 however, that they are “citizens and residents of the State of Illinois.” (Compl. 2). 15 Accordingly, because Plaintiffs reside outside of Nevada, each Plaintiff is required to 16 provide security in the amount of $500.00 per Defendant pursuant to NRS § 18.130. 18 IT IS HEREBY ORDERED that the Motion Demanding Security of Costs (ECF 19 54) is GRANTED. 20 IT IS FURTHER ORDERED that each Plaintiff must submit a bond pursuant to 21 this Order in the amount of $500.00 per Defendant. Failure to do so within fourteen days 22 of the filing date of this Order shall constitute grounds for dismissal. 23 DATED this 22 day of April 2016. 24 25 ia M. Navarro, Chief Judge ted States District Judge Page 2 of 2
EXHIBIT B
Certificate of Deposit
EXHIBIT B
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1 Dylan P. Todd (NV Bar No. 10456) Lee H. Gorlin (NV Bar No. 13879) 2 FORAN GLENNON PALANDECH PONZI 3 & RUDLOFF PC 2200 Paseo Verde Parkway, Suite 280 4 Henderson, NV 89052 Telephone: 702-827-1510 5 Facsimile: 312-863-5099 dtodd@fgppr.com 6 lgorlin@fgppr.com 7 Attorneys for Plaintiffs 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA, SOUTHERN DIVISION 10 11 ALLSTATE INSURANCE COMPANY, CASE NO. 2:15-cv-01434--GMN-VCF INSURANCE COMPANY, ALLSTATE FIRE & 14 [PROPOSED] ORDER TO RELEASE 15 Plaintiff, SECURITY BOND vs. 16 OBTEEN N. NASSIRI, D.C., et al., 17 Defendants. 18 19 Plaintiffs Allstate Insurance Company, Allstate Property & Casualty Insurance 20 Company and Allstate Indemnity Company (collectively “Allstate”) by and through their 21 attorneys for record, hereby the Court issue an Order to release the Security Bond deposited 22 with this court on April 28, 2016. 23 Defendants FAA FOI Tuitama, Advanced Med, LLC and Green Tree Services LLC 24 filed a Motion for Security Costs [ECF No. 54] on October 15, 2015. Allstate filed a 25 response to the Motion [ECF No. 57] on November 11, 2015. Defendants FOI Tuitama, 26 Advanced Med, LLC and Green Tree Services filed its reply in support of its motion on 27 November 23, 2015 [ECF No. 58]. The Court issued its Order Granting the Motion for 28 1 Security Costs on April 22, 2016 [ECF No. 91] See Exhibit A. On April 28, 2016 Allstate 2 deposited the security costs ($4,500.00) with the Court [ECF 94]. See Exhibit B. 3 This case was closed in April in 2018. Allstate respectfully requests this Court to 4 issue an order releasing the security bond. 5 The current owner of the bond is McCormick Barstow. Allstate requests the total 6 bond amount ($4,500.00) plus interest be payable to them. 7 Dated this 20th day of March, 2020. FORAN GLENNON PALANDECH PONZI 8 & RUDLOFF PC 9 10 By: ___/s/ Dylan Todd______________ Dylan P. Todd (NV Bar No. 10456) 11 Lee H. Gorlin (NV Bar No. 13879) 2200 Paseo Verde Parkway, Suite 280 12 Henderson, NV 89052 13 Attorneys for Plaintiffs 14 16 IT IS SO ORDERED that the Security Bond in the above-entitled matter be released. 17 18 Dated this _2_3__ day of March, 2020. 19 _________________________________________ 20 Gloria M. Navarro, District Judge 21 UNITED STATES DISTRICT COURT 22 23 24 25 26 27 28 2 I certify that a copy of the foregoing [PROPOSED] ORDER TO RELEASE SECURITY 3 BOND was served by the method indicated:
4 ☐ BY FAX: by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m. pursuant to EDCR Rule 7.26(a). A printed 5 transmission record is attached to the file copy of this document(s). 6 ☐ BY U.S. MAIL: by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Las Vegas, Nevada addressed as set forth 7 below. 8 BY ELECTRONIC SERVICE: submitted to the above-entitled Court for electronic service upon the Court’s Service List for the above-referenced case. 9 BY EMAIL: by emailing a PDF of the document listed above to the email addresses of the 10 individual(s) listed below. 11 Dated: March 20, 2020 12 /s/ Rita Tuttle 13 An Employee of Foran Glennon
15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A
Order
EXHIBIT A
Case □□□□□□□□□□□□□□□□□□□□□□□□ Document Yl riled 04/22/10 Page 1 of 2
UNITED STATES DISTRICT COURT 3 ALLSTATE INSURANCE COMPANY, et _) 4 ) ; ) Plaintiffs, ) Case No.: 2:15-cv-01434-GMN-VCF ) ORDER 7 OBTEEN N. NASSIRI, D.C., et al., ) ) Defendants. ) 9 ) 10 Pending before the Court is a Demand for Security of Costs (ECF No. 54) 11 pursuant to Nevada Revised Statutes § 18.130 filed by Defendants Faa Foi Tuitama, 12 ) Advanced Med LLC, and Green Tree Services, LLC (collectively “Defendants”). 13 Plaintiffs Allstate Insurance Company, Allstate Property & Casualty Insurance Company, 14 and Allstate Indemnity Company (collectively “Plaintiffs”) filed a Response (ECF No. 15 57), and Defendants filed a Reply (ECF No. 58). For the reasons set forth below, the 16 Motion is granted. 18 Plaintiffs’ Complaint alleges that Defendants engaged in a series of fraudulent 19 transfers in violation of Nevada Uniform Fraudulent Transfer Act, Nev. Rev. Stat. 20 §§ 112.140, et seg., and invokes the Court’s diversity jurisdiction pursuant to 28 U.S.C. 21 § 1332(a). (Compl. Jf 2, 24, ECF No. 1). Defendants subsequently filed the instant 22 Demand for Security of Costs (ECF No. 54). 24 The Ninth Circuit recognizes that “federal district courts have inherent power to 25 require plaintiffs to post security for costs.” Simulnet E. Assocs. v. Ramada Hotel
Page | of 2
Case 4:19-CV-U1L454-GMN-VCF Document yi Filed 04/22/16 Page 24 of 2
| || Operating Co., 37 F.3d 573, 574 (9th Cir. 1994). Under Nevada law, “[w]hen a plaintiff 2 an action resides out of the State, or is a foreign corporation, security for the costs and 3 charges which may be awarded against such plaintiff may be required by the defendant.” 4 NRS § 18.130(1). “After the lapse of 30 days from the service of notice that security is 5 )required . . . upon proof thereof, and that no undertaking as required has been filed, the 6 court or judge may order the action to be dismissed.” NRS § 18.130(4). It is the policy o 7 the United States District Court for the District of Nevada to enforce the requirements of 8 IINRS § 18.130 in diversity actions. See, e.g., Feagins v. Trump Org., No. 2:11-cv-01121- 9 GMN, 2012 WL 925027, at *1 (D. Nev. Mar. 19, 2012). 10 11TH. DISCUSSION 1 Plaintiffs argue that requiring a security for costs would be inappropriate as “their 12 presence in Nevada is so strong that there is no danger of Plaintiffs being unavailable to 13 pay any costs they may be ultimately responsible for.” (Resp. 2:21-22). Plaintiffs admit, 14 however, that they are “citizens and residents of the State of Illinois.” (Compl. 2). 15 Accordingly, because Plaintiffs reside outside of Nevada, each Plaintiff is required to 16 provide security in the amount of $500.00 per Defendant pursuant to NRS § 18.130. 18 IT IS HEREBY ORDERED that the Motion Demanding Security of Costs (ECF 19 54) is GRANTED. 20 IT IS FURTHER ORDERED that each Plaintiff must submit a bond pursuant to 21 this Order in the amount of $500.00 per Defendant. Failure to do so within fourteen days 22 of the filing date of this Order shall constitute grounds for dismissal. 23 DATED this 22 day of April 2016. 24 25 ia M. Navarro, Chief Judge ted States District Judge Page 2 of 2
EXHIBIT B
Certificate of Deposit
EXHIBIT B
4 Case 2:15-cv-01434-GMN-VCF Document 94 Filed 04/28/16 Page 1 of 4 ey ‘Se Kr ____ FILED □□□ N resin 0 1 UNITED STATES DISTRIGcoUnF — GM COUNSEL/PARTIES OF □□□□ 3 ALLSTATE INSURANCE COMPANY, ALLSTATE PROPERTY B CABUALTY INSURANCE COMPANY APR 2 8 2016 ‘ ) CLERK U T ) . COURT 5 ] Saat western mutans ea sanicr cc ussssemm” cy2: 6-cv- 14340 MA ME hen Mrancrimsr enero bon, IRGON LLG. teen matey corp 2808S) ————————————_ DEPUTY 6 ] EAS Midian coneny GREENTREE SERVICES. LLe-ooeterowecT const) mecowe of mong sa 0000 HOS EMROPMCT NE CODD vanos ) 7 no ) _ 10 1. 1 Michael Merritt, Esq. , herewith tender to the Clerk (Name of Depositor) 11 of Court for deposit into the Registry Account of this Court cash in the amount of 19 ¢4,500.00 13 2. This Cash Deposit: 14 A. Is tendered on behalf of: Allstate Entities, Plaintiffs (Name of Party) 15 B. Is in the nature of the following (e.g., Interpleader Deposit, Bond in Support 16 of Temporary Restraining Order, etc.) : Les Wane LZ Security Costs 17 18 19 □ 20 C. Is tendered pursuant to the following Court Order (attached): nl LYecvetr Alumber GI 22 23 $F 24 D. Is conditioned as follows: 25 a 0 26 rs 27]... 28 1 = Paid Amt Date LOR DS receipt # {124 _ initials
ase 2:15-cv-01434-GMN-VCF Document 94 Filed 04/28/16 Page 2 of 4
“eon 2 “i fi 1 Baw Ge a fn, Gay 2 □□ 3 3. The name and address of the Legal Owner of the cash tendered 4 herewith to whom a refund (if applicable) shall be made is: 5 McCormick Barstow 6 S251 W. Sunset #3250 7 St S (13 9 State of Nevada ) Dated: April 27, 2016 ) ss. ~ 10 County of Clark ) lon April 27, 2016 Signafure of Depositor personally appeared before me, a 12 Notary Public, 13! Michael Merritt, Esq. 14 (Name of Depositor) who acknowledged that (s)he 15 ] executed the above instrument. 16 17 Lasts Hugh NOTARY PUBL Dated: ; _ 18 FE etme 1% REGINA M, HAMPTON Signature of Attorney for AAG Notary Public, Btate of Nevada Party or Party Appearing 20 SAMMMGRE Appointment No. 10-2407-1 Pro Se (If different from meee «6 My Appt. Expires Jun 1, 2018 Depositor) 2] RECEIPT: 23 Cash as identified herein is hereby acknowledged as being 24 received this date. 25 Dated: 4f “ef IG 26 CLERK, U.S. DISTRICT COURT 27 By: 28 iG Clerk )
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m4 ourt Name: District of Nevada aisions 2: ecelpt Hupbers NVLASB41953 RE aye - Bayer ane; fetaraick Barstow \Z_ FILED ____ RECEIVED CONN REG MOREY HART vee —— ENTERED ——_.SERVED ON Fora hearnictk vy tn oe COUNSEL/PARTIES OF RECORD Case/Party: □□□□□□□□□□□□□□□□□□□□□□□□
ace ane mey Order Num Sass CLERK US DISTRICT COURT RO NS ee DISTRICT OF NEVADA Total Due: - $4,508.88 BY: DEPUTY _ «Total. Teadereds $4,580.08 ; Change fat: = $8. 88 "x OBO: ALLSTATE ENTITIES i ast _ ““Qnly wher bank clears the check, money order, or verifies credit of funds is the fee ar tree te □ pal or discharged. & $53 fee will : charged for a returned check.”