Charles Homer Thomas v. LVGV, LLC

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Case No. 2:26-cv-00891-CDS-NJK Plaintiff, Order v. [Docket No. 2] Defendant. Pending before the Court is Defendant LVGV, LLC’s motion for demand for security of costs. Docket No. 2. Plaintiff did not file a response.1 See Docket. 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 Docket No. 1 at 1 (Defendant LVGV, LLC’s removal petition). 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. 1 Local Rule 7-2(d) provides that the failure of an opposing party to file points and authorities in response to any motion, except a motion under Fed. R. Civ. P. 56 or a motion for attorney’s fees, constitutes a consent to the granting of the motion. Plaintiff failed to file a response to the instant motion; therefore, Plaintiff consents to the granting of the motion. ] Accordingly, the Court GRANTS Defendant’s motion for demand for security of costs and ORDERS Plaintiff to provide security in the amount of $500 as to Defendant LVGV, LLC, no 3] later than April 30, 2026. Docket No. 2. Dated: April 9, 2026 4. Nancy J. Koppe United States Magistrate Judge

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