JAN j 6 2010 - United States District Court

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where substitute custodians declined to obey a COTP order to move an arrested vessel, citing Local Admiralty Rule E(10)(b) and its requirement that Court permission be first obtained. Any movement of a vessel pursuant to a COTP order must not take the vessel out of the District. A corresponding change was made in Form 5, paragraph (5). Local Admiralty Rule E(ll). Section (11) is new. It addresses areas which in recent litigation in the District have called excessively for interim judicial administration. While the subject matter is covered in the rules promulgated in other districts, Section (11) differs from the approach of other districts in providing for a more positive control of expenses being incurred in connection with vessels or other property in the custody of the Court, and is designed to avoid accumulated costs being advanced for the first time well after having been incurred. Local Admiralty Rule E(12) . Section (12) is new. It addresses a situation which has arisen in the District in the past and which can be foreseen as possibly arising in the future. While the subject is not addressed in other local rules studied by any oft-cited leading cases, it was the opinion of the Advisory Committee that the area should be addressed by Local Admiralty Rule and that the provisions of Section (12) are both consistent with the general maritime laws of the United States and designed to permit efficient administration without the necessity for undue judicial intervention. As with the claims of intervenors and the allocation of deposits against custodial costs, the provisions of Section (12), in keeping with the design of these Local Admiralty Rules, are intended to be essentially self-executing, with the emphasis on the ministerial role of Court officers and services. Local Admiralty Rule E(13). Section (13) continues the provisions of former Local Rule 17(a). It follows Federal Rule of Civil Procedure 41, and addresses the necessarily greater concern for costs and expenses inherent in the in rem admiralty procedure. Local Admiralty Rule E(14). Section (14) continues the provisions of former Local Rule 13. Local Admiralty Rule E(15). Section (15) incorporates the provisions of former Local Rule 14. Local Admiralty Rule E(16) and (17). The provisions of former Local Rule 4 have been expanded to provide a standardized procedure governing sales of property, which procedure the Court, at its option, may utilize, in whole or in part, thus shortening and simplifying orders related to sales and accompanying procedures. Local Admiralty Rule E(18). Consistent with the provision of Local Admiralty Rule E(2), this section gives express notice of the distinct positions of claims pre-sale and post-sale. (2010) Amended to conform tabulation to the style used in the federal rules of procedure. Rule F£. Actions to Limit Liability 134
Publication of the Notice. Immediately upon the commencement of an action to limit liability pursuant to Supplemental Rule F, plaintiff shall, without further order of Court, effect publication of the notice in accordance with the provisions set forth in Supplemental Rule F(4) and Local Admiralty Rule A(7)l(q). 43Mb) Proof of Publication. Plaintiff shall file proof of publication not later than the return date. It shall be sufficient proof for 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. 43Mc) Appraisals Pursuant to Supplemental Rule F(7) (g) . Upon the filing of a claimant's motion pursuant to Supplemental Rule F(7)(g), demanding an increase in the funds deposited in Court or the security given by plaintiff, the Court shall order an appraisement of the value of the plaintiff's interest in the vessel and pending cargo. Upon receipt of the order directing the appraisal, the parties shall have three seven (7) working days to file a written stipulation to an appraiser. In the event that the parties do not file a stipulation, the Court shall appoint the appraiser. The appraiser shall promptly conduct an appraisal and thereafter file the appraisal with the Clerk of the Court and serve a copy of the appraisal upon the moving party and the plaintiff. The appraiser shall also file a Certificate of Service indicating the date and manner in which service was perfected. 444-(d) Objections to the Appraisal. Any party may move to set aside the appraisal within teeafourteen (14) days following the filing of the appraisal with the Clerk of the Court. 45Me) Fees of the Appraiser. The Court shall establish the fee to be paid the appraiser. Unless otherwise ordered by the Court, the fee shall be taxed against the party seeking relief under Supplemental Rule F(7). Effective Dec. 1, 1994. Amended effective April 15, 2007. Advisory Notes (1993) Local Admiralty Rule F(l). This section incorporates the publication provisions of Local Admiralty Rule A(7), and applies them to limitation of liability actions. The rule provides for the publication of the notice required by Supplemental Rule F(4) without further order of the Court. The Advisory Committee believes that this self-executing aspect of the rule will save judicial time and at the same time will not impair the rights of any party or claimant. Local Admiralty Rule F(2) . The Advisory Committee determined that filing proof of publication with the Clerk of the Court was essential in order to establish an adequate record of the publication. Local Admiralty Rule F(3). This section continues in substance the provisions 135
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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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In cases of a post-judgment writ of
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victim if the announcement is not o
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9029 does not suggest that such a d
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Motions for Stay and Other Intermed
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for example, the disposition of a m
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and costs of the proceedings refere
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posted and forfeited in lieu of app
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individualization, or time limits,
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Effective Dec. 1, 1994. Amended eff
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(1996) A. Removes any explicit requ
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Page 91 and 92: subject to the objection. A lawyer
Page 93 and 94: d. The videographer shall certify t
Page 95 and 96: B. Procedures Governing Manner of P
Page 97 and 98: answer. Interrogatories propounded
Page 99 and 100: producing party may be required to
Page 101 and 102: occurs, counsel for movant must spe
Page 103 and 104: MS Excel Spreadsheet); (2) the gene
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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
Page 111 and 112: If the seizure was predicated upon
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Page 115 and 116: Local Admiralty Rules. 4feH2) Proof
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Page 119 and 120: filed pursuant to Supplemental Rule
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Page 125 and 126: 43-HC) Execution of Process. The ar
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Page 129 and 130: (2) Involuntary Dismissal. If the C
Page 131 and 132: the "Request for Confirmation of Sa
Page 133: A concern was expressed about the p
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 147 and 148: THEREFORE, in light of the facts pr
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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
Page 163 and 164: j— (i) Referral. Any District Jud
Page 165 and 166: Effective Dec. 1, 1994. Amended eff
Page 167 and 168: cause for such withdrawal is furnis
Page 169 and 170: Comments (1996) Section A. and B.2.
Page 171 and 172: Jurisdiction and Powers. (1) The Co
Page 173 and 174: Court shall issue an order requirin
Page 175 and 176: jfc-r (1) the procedure in that oth
Page 177 and 178: If after meeting with the attorney
Page 179 and 180: the reinstatement proceeding. Effec
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JAN j 6 2010 - United States District Court

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