Local Rule 522: INTERVENORS' CLAIMS

RULE 522 INTERVENORS' CLAIMS

(a) Presentation of Claims. When a vessel or other property has been arrested, attached, or garnished, and is in the custody of the Marshal or a substitute custodian, anyone other than the party obtaining the original arrest, attachment, or garnishment who has a claim against the vessel or other property shall present that claim by filing a complaint in intervention, rather than an original complaint, unless otherwise ordered by the Court.

(b) Intervenor's Arrest, Attachment, or Garnishment. Upon satisfaction of Fed. R. Civ. P. 24, the intervenor may deliver a conformed copy of the complaint in intervention to the Marshal who shall deliver it to the custodian of the vessel or other property. In such a case, the intervenor shall thereafter be subject to the rights and obligations of a party originally arresting, attaching, or garnishing the vessel or other property, and the vessel or other property shall stand arrested, attached, or garnished by the intervenor as well as by the original arresting, attaching, or garnishing party. The intervenor in such a case shall not be required to advance a security deposit to the Marshal as was required of the original arresting, attaching, or garnishing party under L.R. 521.

(c) Sharing of Marshal's Fees and Expenses. An intervenor who has delivered a conformed copy of the complaint in intervention to the Marshal shall owe a debt to the originally arresting, attaching, or garnishing party that is enforceable on motion, consisting of the intervenor's share of the Marshal's fees and expenses in the proportion that the intervenor's claim bears to the sum of all the claims on which the vessel or other property has been arrested, attached, or garnished.

(d) Intervenor's Obligation Upon Vacation of the Arrest, Attachment, or Garnishment by the Original Party. If the originally arresting, attaching, or garnishing party permits vacation of the arrest, attachment, or garnishment, an intervenor who has delivered conformed copies of a complaint in intervention to the Marshal shall bear responsibility for the fees and expenses and shall deposit the sum estimated by the Marshal to be sufficient to pay fees and expenses for ten (10) days within thirty-six (36) hours after notice from the Marshal requiring such deposit. Such notice may be given as soon as the Marshal learns that the originally arresting, attaching, or garnishing party intends to permit vacation of the arrest, attachment, or garnishment, and an intervenor's deposit received before the funds of the originally arresting, attaching, or garnishing party are exhausted will be held for use upon exhaustion of such funds. If more than one complaint in intervention has been delivered to the Marshal, the intervenors shall step into the position of the originally arresting, attaching, or garnishing party as provided herein in order of the delivery of their complaints in intervention to the Marshal. On the sharing of Marshal's fees and expenses among intervenors, see L.R. 522(c).