Local Rule LAR(e)(10): Intervenors' Claims and Sharing of Marshal's Fees and Expenses

LAR(e)(10) Intervenors' Claims and Sharing of Marshal's Fees and Expenses

a) Intervention Before Sale

When a vessel or other property has been arrested, attached, or garnished, and is in the hands of the Marshal or custodian substituted therefore, anyone having a claim against the vessel or property is required to present the claim by filing an intervening complaint under Fed. R. Civ. P. 24, and not by filing an original complaint, unless otherwise ordered by a judicial officer. An order permitting intervention may be signed ex parte at the time of filing the motion, subject to the right of any party to object to such intervention within fourteen (14) days after receipt of a copy of the motion and proposed pleading. Such motions shall not be subject to the provisions of L.R. 105. Upon the signing of an order permitting intervention, the Clerk shall forthwith deliver a conformed copy of the intervening complaint to the Marshal, who shall deliver the copy to the vessel or custodian of the property. Intervenors shall thereafter be subject to the rights and obligations of parties, and the vessel or property shall stand arrested, attached, or garnished by the intervenor. An intervenor shall not be required to advance a security deposit to the Marshal for seizure of a vessel as required by LAR(e)(9). Property arrested, attached, or garnished by an intervenor shall be released in accordance with Supplemental Rule E(5).

b) Sharing Marshal's Fees and Expenses Before Sale

Upon motion by any party, security deposits may be ordered to be paid or shared by any party who has arrested, attached, or garnished a vessel or property aboard a vessel in amount or proportions to be determined by a judicial officer.

c) Intervention After Sale

After ratification of sale and payment of the purchase price, any person having a claim against the vessel or property that arose before ratification must present the same by intervening complaint, pursuant to LAR(e)(10)(a), against the proceeds of the sale and may not proceed against the vessel unless a judicial officer shall otherwise order for good cause shown. Where an intervening complaint prays service of process in rem, the filing of such intervening complaint with the Clerk shall be deemed to be a claim against such proceeds without the issuance of an in rem process, unless a judicial officer shall otherwise order for good cause shown. The judicial officer shall allow a period of at least thirty (30) days after due ratification of the sale for the submission of such claims.