Local Rule LR 58.3: Seaman Settlements

LR 58.3 Seaman Settlements

(A) To obtain a judgment based upon a joint stipulation and compromise, a complaint and a joint motion for approval of the compromise must be filed.

(B) The filing must include:

(1) Statements of the facts claimed by the respective parties;

(2) Copies of all relevant and available medical reports, together with certification that the attached medical reports are all relevant reports that are available;

(3) A copy of proposed disbursements. Attorney's fees need not be set forth unless requested by the judge;

(4) A copy of the proposed release.

(C) The judge must conduct an interview with the plaintiff in open court and on the record. If the court approves the compromise, an order will be entered in substantially the following form:

"ORDER "Considering the joint motion of the parties, the statement of facts attached, annexed medical report, the proposed release, the court having independently interviewed the plaintiff and being satisfied that the plaintiff understands his (her) legal rights and the consequences of the contemplated settlement that the court determines to be fair an without making any determination as to seaman status, "IT IS ORDERED that the compromise between plaintiff and defendant with plaintiff in the amount of $ _____ submitted this date, is hereby approved on the terms set forth in the proposed release."

(D) A similar procedure may be followed if a seaman's case is compromised during trial.

(E) If a matter is compromised after a bona fide complaint has been filed, pursuant to an out-of-court interview with the plaintiff, a copy of the transcript of such proceedings must be filed in the record.

[Amended February 1, 2011]