Local Rule LR58.3: Seaman Settlements

LR58.3 Seaman Settlements A. The court will not enter a judgment based upon a joint stipulation and compromise which has been agreed upon by parties prior to the filing of a complaint.

B. As to those cases which constitute legitimate and bona fide cases at the time of filing and in which parties have agreed to a compromise at some stage prior to trial and the court, if requested, but only if requested, will consider the matter upon filing with the court a joint motion for approval of the compromise.

The motion papers shall include the following: 1. Statements of the facts claimed by the respective parties; 2. Copies of all known and available medical reports together with certification that the attached medical reports are all those available; 3. A copy of proposed disbursements except for attorney's fees. In the event an individual judge may so request, the parties must be prepared to show net disbursements, including attorneys' fees; 4. A copy of the proposed release to be executed by claimant; 5. In addition, the parties shall make arrangements for the presence of and payment of a court reporter who shall record the judge's interview with the plaintiff, transcribe same, and file it into the record of the case.

Thereafter, the court, in the event that it approves the compromise, will enter an order in substantially the following form:

"ORDER "Considering the joint motion of the parties, the statement of facts attached, annexed medical report, the proposed release, and the court having independently interviewed the plaintiff and being satisfied therefrom that the plaintiff understands his (her) legal rights and the consequences of the contemplated settlement that the court determines to be fair, "IT IS ORDERED that said compromise by defendant with plaintiff in the amount of $_________________ as submitted this date, is hereby approved on the terms set forth in the aforesaid release."

The court will not make any determination whatsoever as to status.

C. In the event a case is compromised during the trial, the judge will, if requested, follow a similar procedure in approving the compromise with variations to adjust to the particular factual situation. In particular, the court in such instances may not need a statement of the facts as it might have become familiar with them during the course of trial. In addition, the proposed order approving the compromise might be redrafted to fit the particular factual situation and could include provisions for entering a judgment on the compromise and for making it executory on a particular date, and with interest and costs.

D. Although the court's intervention is not necessary in order for parties to affect a compromise and settlement of their claim, if it is their desire to obtain this court's approval of such, they must follow the above procedure.

E. In the event that the 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 shall be filed in the record.