Cost Bond Demand Stays ECC & JCCR Clock?

An out-of-state plaintiff files suit. The defendant is served and invokes NRS 18.130(1), demanding security of costs. Apparently this act tolls the period of time provided to conduct the early case conference and file the joint case conference report required in Nevada state courts.

This topic was recently addressed in an unpublished order from the Supreme Court of Nevada, Dorman v. Venetian Casino Resort, LLC, Docket 61653, 2015 Nev. Unpub. LEXIS 71 (2015). The Venetian invoked NRS 18.130(1). 15 months later the plaintiff posted a security. Venetian moved to dismiss arguing in part that Plaintiff failed to timely conduct the early case conference after Venetian’s first appearance, the demand for security of costs. The district court agreed and dismissed. This was reversed. “Regarding NRCP 16.1(e)(2), NRS 18.130(1) provides that ‘all proceedings in the action shall be stayed until an undertaking’ is posted. NRS 18.130(1) does not distinguish between the plaintiff’s and defendant’s obligations. Thus, both parties’ obligations under NRCP 16.1(e)(2) are stayed until security is posted.”

Although this order is unpublished and cannot be cited, it still answers my question from a year ago about how a demand for security of costs impacts the ECC clock.