JAN j 6 2010 - United States District Court

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Admiralty Rule C(7)3(g). -fa4-(c) Special Requirements for Actions Involving Freight, Proceeds and/or Intangible Property. 4af(l) Instructions to Be Contained in the Summons. Unless otherwise ordered by the Court, the summons shall order the person having control of the freight, proceeds and/or intangible property to either: -(A) File a claim within feesfourteen (14) days, beginning on the next calendar day, including Saturday, Sunday, or a legal holiday, count fourteen days after service of the summons in accordance with Local Admiralty Rule CMS) (a)4(f) (1) ; or 42-HB) Deliver or pay over to the Marshal, the freight, proceeds, and/or intangible property, or a part thereof, sufficient to satisfy plaintiff's claim. The summons shall also inform the person having control of the freight, proceeds, and/or intangible property that service of the summons has the effect of arresting the property, thereby preventing the release, disposal or other distribution of the property without prior order of the Court. 4bf(2) Requirements for Claims to Prevent the Delivery of Property to the Marshal. Any claim filed in accordance with Supplemental Rule E(4) and Local Admiralty Rule C(6) (a)3(e) (1) shall describe the nature of claimant's interest in the property, and shall articulate reasons why the seizure should be vacated. The claim shall be served upon the plaintiff, the Marshal, and all other parties to the litigation. Additionally, the claimant shall file a Certificate of Service indicating the date and manner in which service was perfected. -f&H3) Delivery or Payment of the Freight, Proceeds, and/or Intangible Property to the United States Marshal. Unless a claim is filed in accordance with Supplemental Rule E(4)(f), and Local Admiralty Rule C(6) (a)3(f) (1), any person served with a summons issued pursuant to Local Admiralty Rule C(2)(a)3(b)(1) or (b)(2), shall within feeafourteen (14) days, beginning on the next calendar day, including Saturday. Sunday, or a legal holiday, after execution of service, deliver or pay over to the Marshal all, or part of, the freight, proceeds, and/or intangible property sufficient to satisfy plaintiff's claim. Unless otherwise ordered by the Court, the person tendering control of the freight, proceeds, and/or intangible property shall be excused from any further duty with respect to the property in question. 444-(d) Publishing Notice of the Arrest as Required by Supplemental Rule C(4). 4aHl) Time for Publication. If the property is not released within feeafourteen (14) days after the execution of process, the notice required by Supplemental Rule C(4) shall be published by the plaintiff in accordance with Local Admiralty Rule A(7)1(g). Such notice shall be published within acvcntcon twenty-one (21) days after execution of process. The notice shall substantially conform to the form identified as SDF 7 in the Appendix to these 114
Local Admiralty Rules. 4feH2) Proof of Publication. Plaintiff shall file with the Clerk of the Court proof of publication not later than feeafourteen (14) days following the last day of publication. It shall be sufficient proof for the plaintiff to file the sworn statement by, or on behalf of, the publisher or editor, indicating the dates of publication, along with a copy or reproduction of the actual publication. 4SMe) Undertaking in Lieu of Arrest. If, before or after the commencement of an action, a party accepts any written undertaking to respond on behalf of the vessel and/or other property in return for foregoing the arrest, the undertaking shall only respond to orders or judgments in favor of the party accepting the undertaking, and any parties expressly named therein, to the extent of the benefit thereby conferred. -W-(f) Time for Filing Claim or Answer. Unless otherwise ordered by the Court, any claimant of property subject to an action in rem shall: 4af(l) File the claim within teeafourteen (14) days, beginning on the next calendar day, including Saturday, Sunday, or a legal holiday, after process has been executed; and (b) (2) Serve an answer within twenty - one (21) days after the filing of the claim. (7)(q) Post-arrest Proceedings. Coincident with the filing of a claim pursuant to Supplemental Rule E(4)(f), and Local Admiralty Rule C(6)(a)3(f)(1), the claimant may also file a motion and proposed order directing plaintiff to show cause why the arrest should not be vacated. If the Court grants the order, the Court shall set a date and time for a show cause hearing. Thereafter, if the Court orders the arrest to be vacated, the Court shall award attorney's fees, costs, and other expenses incurred by any party as a result of the arrest. Additionally, if the seizure was predicated upon a showing of "exigent circumstances" under Local Admiralty Rule C(6) (b)3 (f) (2), and the Court finds that such exigent circumstances did not exist, the Court shall award attorneys' fees, costs and other expenses incurred by any party as a result of the seizure. ■W-(h) Procedural Requirements Prior to the Entry of Default. In accordance with Federal Rule of Civil Procedure 55, a party seeking the entry of default judgment in rem shall first file a motion and supporting legal memorandum. The party seeking the entry of default shall also file such other proof sufficient to demonstrate that due notice of the action and arrest have been given by: and Service upon the master or other person having custody of the property; -4&H2) Delivery, or by certified mail, return receipt requested (or international effective equivalent), to every other person, including any known owner, who has not appeared or intervened in the action, and who is known to 115
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United States District Court Southe
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Administrative Order 94-51, In Re A
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e disclosed to the Clerk of the Cou
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Authority (1993) Former Local Rules
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compliance with the CM/ECF Administ
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Re: Repeal of Local Rule 5.2.D and
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and Court filings are matters of pu
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supplanting original electronic fil
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the date of any hearing held on the
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limitations. (2000) The addition of
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A. Motions for Attornoyo Food and/o
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substantially similar to) AO 133 of
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Authority (1993) Former Local Rule
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Roll of Attorneys. The Bar of this
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Except as otherwise ordered by a Ju
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If the complaint alleges a violatio
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Comments (1993) This Local Rule has
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Rule 16.1^A(a) above; 4fef(B) The d
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the specific acts or omissions reli
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anticipated; and with the Court's p
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of Mediators. j^(l) Certification o
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Procedures to Refer a Case or Claim
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: : . ORDER OF REFERRAL Trial havi
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: . ORDER SCHEDULING MEDIATION The
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or to the Chief Judge's designee. E
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class action plaintiff move, within
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conducted until after the expert su
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discovery or for a protective order
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(1996)[I.] The "attempt to confer"
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depositions or hearings made necess
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(2010) Amended to conform tabulatio
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Page 79 and 80: Effective Dec. 1, 1994. Amended eff
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Page 93 and 94: d. The videographer shall certify t
Page 95 and 96: B. Procedures Governing Manner of P
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Page 107 and 108: security; all process shall be issu
Page 109 and 110: As noted in the revised Local Admir
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Page 125 and 126: 43-HC) Execution of Process. The ar
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Page 133 and 134: A concern was expressed about the p
Page 135 and 136: Publication of the Notice. Immediat
Page 137 and 138: Defendant. PROCESS OF ATTACHMENT
Page 139 and 140: Defendant. WARRANT FOR ARREST IN R
Page 141 and 142: (4) The vessel is currently berthed
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Page 145 and 146: the Court to enter an Order directi
Page 147 and 148: THEREFORE, in light of the facts pr
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Page 151 and 152: Defendant. AFFIDAVIT (Foreign Attac
Page 153 and 154: B^-(B) Motions for judgment on the
Page 155 and 156: Effective Dec. 1, 1994; amended eff
Page 157 and 158: States Code, Section 636(b)(1)(B).
Page 159 and 160: ) Plaintiff,) ) vs.) ) Defendant.)
Page 161 and 162: Rule 3. Retention of Membership in
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Effective Dec. 1, 1994. Amended eff
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cause for such withdrawal is furnis
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Comments (1996) Section A. and B.2.
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Jurisdiction and Powers. (1) The Co
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Court shall issue an order requirin
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jfc-r (1) the procedure in that oth
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If after meeting with the attorney
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the reinstatement proceeding. Effec
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