Local Rule LAR(c)(3): Notice Requirements

LAR(c)(3) Notice Requirements

a) Default Judgments

i) Notice Given. A party seeking a default judgment in an action in rem must satisfy the judge that due notice of the action and arrest of the property has been given (1) by publication as required in LAR(c)(2); (2) by service of the complaint and warrant of arrest upon the Marshal and keeper, substitute custodian, master, or other person having custody of the property; and (3) by mailing such notice to every other person who has not appeared in the action and is known to the party seeking the default judgment to have an ownership interest in the property.

ii) Notice Attempted.

(1) If the defendant property is a vessel documented under the laws of the United States, the plaintiff must attempt to notify all persons identified as having an interest in the vessel in the United States Coast Guard Certificate of Ownership or the General Index or Abstract of Title.

(2) If the defendant property is a vessel numbered as provided in the Federal Boat Safety Act, the plaintiff must attempt to notify the owner as named in the records of the issuing authority.

b) Ship Mortgage Act

For purposes of the Ship Mortgage Act, 46 U.S.C. § 31325, notice to the Master of a vessel, or the person having physical custody thereof, by service of the Warrant of Arrest and Complaint shall be deemed in compliance with the notice requirements of such Act, as to all persons, except as to those who have recorded a notice of claim of lien.

c) Mailing

The notification requirement is satisfied by mailing copies of the warrant of arrest and complaint to the person's address using any form of mail requiring a return receipt.