N.D. Fla. Local Admiralty Rule E

(1) Statement of Itemized Damages and Expenses Required. Every complaint in a

Supplemental Rule (B) and (C) action shall state the amount of the debt, damages, or salvage for

which the action is brought. In addition, the statement shall also specify the amount of any

unliquidated claims, including attorneys’ fees.

(2) Requirements and Procedures for Effecting Intervention. Whenever a vessel or other

property is arrested or attached in accordance with any Supplemental Rule, and the vessel or

property is in the custody of the U.S. Marshal or duly authorized substitute custodian, any other

person having a claim against the vessel or property shall be required to present their claim as

indicated below:

(a) Intervention of Right When No Sale of the Vessel or Property Is Pending. Except as

limited by Local Admiralty Rule E(2)(b), any person having a claim against a vessel or

property previously arrested or attached by the Marshal may, as a matter of right, file an

intervening complaint at any time before an order is entered by the Court scheduling the vessel or

property for sale.

Coincident with the filing of an intervening complaint, the offering party shall prepare and file a

supplemental warrant of arrest and/or a supplemental process of attachment and garnishment.

Upon receipt of the intervening complaint and supplemental process, the Clerk shall conform a

copy of the intervening complaint and shall issue the supplemental process. Thereafter, the

offering party shall deliver the conformed copy of the intervening complaint and supplemental

process to the Marshal for execution. Upon receipt of the intervening complaint and supplemental

process, the Marshal shall re-arrest or re-attach the vessel or property in the name of the

intervening plaintiff.

Counsel for the intervening party shall serve a copy of the intervening complaint, and copies of all

process and exhibits upon all other counsel of record, and shall thereafter file a certificate of

service with the Clerk indicating the manner and date of service.

(b) Permissive Intervention When the Vessel or Property Has Been Scheduled for Sale by the

Court. Except as indicated below, and subject to any other rule or order of this Court, no person

shall have an automatic right to intervene in an action where the Court has ordered the sale of the

vessel or property, and the date of the sale is set within fifteen (15) days from the date the party

moves for permission to intervene in accordance with this subsection. In such cases, the person

seeking permission to intervene must:

(1) File a motion to intervene and indicate in the caption of the motion a request for expedited

hearing when appropriate;

(2) Include a copy of the anticipated intervening complaint as an exhibit to the motion to

intervene;

(3) Prepare and offer for filing a supplemental warrant of arrest and/or a supplemental process of

attachment and garnishment;

(4) Serve copies of the motion to intervene, with exhibits and proposed supplemental process

upon every other party to the litigation; and

(5) File a certificate of service indicating the date and manner of service.

Thereafter, the Court may permit intervention under such conditions and terms as are

equitable to the interests of all parties; and if intervention is permitted, shall also direct the Clerk

to issue the supplemental process.

Upon receipt of the order permitting intervention, the Clerk shall file the originally signed

intervening complaint, conform a copy of the intervening complaint and issue the supplemental

process.

Thereafter, the offering party shall deliver the conformed copy of the intervening complaint and

supplemental process to the Marshal for execution. Upon receipt of the intervening complaint and

supplemental process, the Marshal shall re-arrest or re-attach the vessel or property in the name of

the intervening plaintiff.

Counsel for the intervening party shall also serve a copy of the intervening complaint,

exhibits, and supplemental process upon every other party of record and shall thereafter file a

Certificate of Service with the Clerk indicating the manner and date of service.

(3) Special Requirements for Salvage Actions. In cases of salvage, the complaint shall

also state to the extent known, the value of the hull, cargo, freight, and other property salvaged,

the amount claimed, the names of the principal salvors, and that the suit is instituted in their

behalf and in behalf of all other persons associated with them.

In addition to these special pleading requirements, plaintiff shall attach as an exhibit to the

complaint a list of all known salvors, and all persons believed entitled to share in the salvage.

Plaintiff shall also attach a copy of any agreement of consortship available and known to exist

among them collegially or individually.

(4) Form and Amount of Stipulation or Bonds. Stipulations or bonds in admiralty and

maritime actions need not be under seal and may be executed by the agent or attorney of the

stipulator or obligor. Stipulations for costs with corporate surety need not be signed or executed

by the party, but may be signed by the party's agent or attorney.

(a) Seaman’s Wage Claims: Actions initiated by seamen pursuant to 28 U.S.C. 1916 may be filed

without prepaying fees or costs or furnishing security therefor.

(b) Security for Costs: In an action under the Supplemental Rules, other than an action solely in

personam, the plaintiff, and any intervenor, shall file with its initial pleading a stipulation for

costs in the principal sum of $500.00 as security for all costs awarded against the plaintiff or

intervenor by this court or any appellate court which shall be deposited into the registry of the

court. No motion made by a plaintiff or intervenor will be considered by the Court until the

security for costs is deposited. A party may move for an order increasing the amount of security

for costs or for return of the balance upon conclusion of the action. In an action for limitation of

liability, the amount of security for costs under Supplemental Rule F(1) may be combined with

the security for value and interest unless otherwise ordered.

(c) Actions in Forma Pauperis: An action under these rules may be maintained in forma pauperis

by express allowance of the court upon motion by the party. Where a party is allowed to

proceed in forma pauperis, no stipulation for costs shall be required.

(5) Deposit of Marshal’s Fees and Expenses Required Prior to Effecting Arrest,

Attachment and/or Garnishment.

(a) Deposit Required Before Seizure. Any party seeking the arrest or attachment of property in

accordance with Supplemental Rule (E) shall deposit a sum with the Marshal sufficient to cover

the Marshal’s estimated fees and expenses of arresting and keeping the property for at least ten

(10) days. The Marshal is not required to execute process until the deposit is made.

(b) Proration of Marshal’s Fees and Expenses Upon Intervention. When one or more

parties intervene pursuant to Local Admiralty Rule E(2)(a) or (b), the burden of advancing sums

to the Marshal sufficient to cover the Marshal’s fees and expenses shall be allocated equitably

between the original plaintiff, and the intervening party or parties as indicated below:

(1) Stipulation for the Allocation and Payment of the Marshal’s Fees and Expenses.

Immediately upon the filing of the intervening complaint, counsel for the intervening

plaintiff shall arrange for a conference between all other parties to the action, at which

time a good faith effort shall be made to allocate fees and expenses among the parties.

Any resulting stipulation between the parties shall be codified and filed with the Court

and a copy served upon the Marshal.

(2) Allocation of Costs and Expenses in the Event That Counsel Cannot Stipulate. The Court

expects that counsel will resolve the allocation of costs and expenses in accordance with the

preceding paragraph. In the event that such an arrangement cannot be made, the parties shall share

in the fees and expenses of the Marshal in proportion to their claims as stated in the original and

intervening complaints.

In order to determine the proportionate shares of each party, counsel for the last intervening

plaintiff shall determine the total amounts claimed by each party. The individual claims shall be

determined from the original and amended complaint, and all

other intervening complaints subsequently accepted and processed by the Marshal in

accordance with Local Admiralty Rule E(2)(a) or (b).

Thereafter, counsel for the last intervening plaintiff shall deliver to the Marshal a list

which summarizes each party’s claim, and the proportion which each party’s claim bears to the

aggregate claims asserted in the litigation, determined to the nearest one-tenth of one percentage

point.

Upon receipt of this listing, the Marshal shall determine the total expenses incurred to

date and shall estimate the expenses to be incurred during the next ten (10) days. For the purpose

of making this calculation, the total fees and expenses shall be calculated from the date when

continuous and uninterrupted arrest or attachment of the property began, and not prorated from

the date a particular party’s intervening complaint was filed.

The Marshal shall then apply the percentages determined in the listing, and shall compute the

amount of the intervening party’s initial deposit requirements. The Marshal shall also utilize this

listing to compute any additional deposit requirements which may be necessary pursuant to Local

Admiralty Rule E(5)(c).

The Marshal need not re-arrest or re-attach the vessel and/or property until the deposit is received

from the intervening plaintiff.

(c) Additional Deposit Requirements. Until the property arrested or attached and garnished has

been released or otherwise disposed of in accordance with Supplemental Rule (E), the Marshal

may require from any original and intervening party who has caused the arrest or attachment and

garnishment of a vessel or property, to post such additional deposits as the Marshal determines

necessary to cover any additional estimated fees or expenses.

(d) Judicial Relief From Deposit Requirements. Any party aggrieved by the deposit requirements

of Local Admiralty Rule E(5)(b) may apply to the Court for relief. Such application shall be

predicated upon a showing that owing to the relative priorities of the claims asserted against the

vessel or other property, the deposit requirements operate to impose a burden disproportionate to

the aggrieved party’s recovery potential.

The judicial officer may adjust the deposit requirements, but in no event shall the proportion

required of an aggrieved party be reduced to a percentage less than that imposed upon the

claimant whose claim is the smallest among that of claims which the aggrieved party stipulates as

having priority over its claim; or, in the absence of such stipulation, the greatest percentage

imposed upon any claimant participating in the deposit requirements.

(e) Consequence of Failing to Comply With Additional Deposit Requirements. Any party

who fails to make the additional deposit as requested by the Marshal may not participate further

in the proceeding, except for the purpose of seeking relief from this rule. Additionally, the

Marshal shall notify the Court in writing whenever any party fails to make additional deposits as

required by Local Admiralty Rule E(5)(c).

In the event that a party questions its obligations to advance monies required by this rule, the

Marshal may apply to the Court for instructions concerning that party’s obligation under the rule.

(6) Property in Possession of a United States Officer. Whenever the property to be arrested or

attached is in custody of a U.S. officer, the Marshal shall serve the appropriate process upon the

officer or employee; or, if the officer or employee is not found within the district, then to the

custodian of the property within the district. The Marshal shall direct the officer, employee or

custodian not to relinquish custody of the property until ordered to do so by the Court.

(7) Process Held in Abeyance.

(a) When Permitted. In accordance with Supplemental Rule (E)(3)(b), a plaintiff may ask the

Clerk not to issue process, but rather to hold the process in abeyance. The Clerk shall docket this

request, and thereafter shall not be responsible for ensuring that process is issued at a later date.

(b) When Intervention Is Subsequently Required. It is the intention of these rules that a vessel or

other property should be arrested or attached pursuant to process issued and effected in only one

civil action. Therefore, if while process is held in abeyance on one action, the vessel or property is

arrested or attached in another action, it shall be the responsibility of the plaintiff who originally

requested process be held in abeyance in the first action to voluntarily dismiss without prejudice

the first action, insofar as that action seeks to proceed against the property arrested or attached in

the second action, and promptly intervene in the second action pursuant to Local Admiralty Rule

E(2)(a) or (b).

In order to prevent undue hardship or manifest injustice, motions to consolidate in rem

actions against the same vessel or property will be granted only in exceptional circumstances.

(8) Release of Property in Accordance With Supplemental Rule (E)(5).

(a) Release by Consent or Stipulation. Subject to the limitations imposed by Supplemental Rule

(E)(5)(c), the Marshal may release any vessel, cargo or property in the Marshal’s possession to

the party on whose behalf the property is detained. However, as a precondition to release, the

Marshal shall require a stipulation, bond, or other security, expressly authorizing the release. The

authorizing instrument shall be signed by the party, or the party’s attorney, on whose behalf the

property is detained.

The stipulation, bond, or other security shall be posted in an amount equal to, or greater than, the

amount required for the following types of action:

(1) Actions Entirely for a Sum Certain. The amount alleged to be due in the complaint, with

interest at six percent (6%) per annum from the date claimed to be due to a date twenty-four (24)

months after the date the claim was filed, or by filing an approved stipulation, or bond for the

amount alleged plus interest as computed in this subsection.

The stipulation or bond shall be conditioned to abide by all orders of the Court, and to pay the

amount of any final judgment entered by this Court or any appellate Court, with interest.

(2) Actions Other Than Possessory, Petitory or Partition. Unless otherwise ordered by the Court,

the amount of the appraised or agreed value of the property seized, with interest. If an appraised

value cannot be agreed upon by the parties, the Court shall order an appraisal in accordance with

Local Admiralty Rule F(3).

The stipulation or bond shall be conditioned to abide by all orders of the Court, and to pay the

amount of any final judgment entered by this Court or any appellate Court, with interest.

The person consenting or stipulating to the release shall also file a claim in accordance with Local

Admiralty Rule E(2)(a) or (b).

(3) Possessory, Petitory or Partition Actions. The Marshal may release property in these actions

only upon order of Court, and upon the subsequent deposit of security and compliance with such

terms and/or conditions as the Court deems appropriate.

(b) Release Pursuant to Court Order. In accordance with Supplemental Rule (E)(5)(c),

a party may petition to release the vessel pursuant to Court order. A party making such

application shall file a Request for Release which shall substantially conform in format and

content to the form identified as NDF 8 in the Appendix to these Local Admiralty Rules.

Additionally, the party shall prepare, and offer for filing, a proposed order directing the release.

This order shall substantially conform in format and content to the form identified as NDF 9 in

the Appendix to these Local Admiralty Rules.

However, as a precondition to the release, the Marshal shall require a stipulation, bond, or other

security, as specified in Local Admiralty Rule E(8)(a)(1), (2) or (3), as appropriate.

(c) Upon the Dismissal or Discontinuance of an Action. Upon dismissal of an action by an order

of the Court or upon filing a notice of voluntary dismissal, a party may obtain release of any

vessel, cargo, or property by coordinating with the Marshal to ensure that all costs and charges of

the Court and its officers have first been paid.

(d) Release Subsequent to the Posting of a General Bond.

(1) Requirements of a General Bond. General bonds filed pursuant to Supplemental Rule

(E)(5)(b) shall identify the vessel by name, nationality, dimensions, official number

or registration number, hailing port and port of documentation.

(2) Responsibility for Maintaining a Current Listing of General Bonds. The Clerk shall maintain a

current listing of all general bonds. This listing should be maintained in alphabetical order by

name of the vessel. The listing will be available for inspection during normal business hours.

(3) Execution of Process. The arrest of a vessel covered by a general bond shall be stayed in

accordance with Supplemental Rule (E)(5)(b), however, the Marshal shall serve a copy of the

complaint upon the master or other person in whose charge or custody the vessel is found. If

neither the master nor another person in charge of custody is found aboard the vessel, the Marshal

shall make the return accordingly.

Thereafter, it shall be plaintiff’s responsibility to advise the owner or designated agent,

at the address furnished in the general bond, of (1) the case number, (2) nature of the

action and the amount claimed; (3) the plaintiff and name and address of plaintiff’s attorney; and

(4) the return date for filing a claim.

(9) Application to Modify Security for Value and Interest. At any time, any party having an

interest in the subject matter of the action may move the Court, on due notice and for cause, for

greater, better or lesser security, and any such order may be enforced by attachment or as

otherwise provided by law.

(10) Custody and Safekeeping.

(a) Initial Responsibility. The Marshal shall initially take custody of any vessel, cargo

and/or other property arrested, or attached in accordance with these rules. Thereafter, and until

such time as substitute custodians may be authorized in accordance with Local Admiralty Rule

E(10)(c), the Marshal shall be responsible for providing adequate and necessary security for the

safekeeping of the vessel or property. In the discretion of the Marshal, adequate and necessary

security may include the placing of keepers on or near the vessel and/or the appointment of a

facility or person to serve as a custodian of the vessel or property.

(b) Limitations on the Handling, Repairing and Subsequent Movement of Vessels or Property.

Subsequent to the arrest or attachment of a vessel or property, and except as provided in Local

Admiralty Rule E(10)(a), no person may handle cargo, conduct repairs, or move a vessel without

prior order of Court. Notwithstanding the foregoing, the custodian or substitute custodian is

obligated to comply with any orders issued by the Captain of the Port, United States Coast Guard,

including an order to move the vessel; and to comply with any applicable federal, state, or local

laws or regulations pertaining to vessel and port safety. Any movement of a vessel pursuant to

such requirements must not remove the vessel from the Northern District of Florida and shall be

reported to the Court within twenty-four (24) hours of the vessel’s movement.

(c) Procedures for Changing Custody Arrangements. Any party may petition the Court

to dispense with keepers, remove or place the vessel, cargo and/or other property at a specified

facility, designate a substitute custodian for the vessel or cargo, or for other similar relief. The

motion shall substantially conform in format and content to the form identified as NDF 5 in the

Appendix of these Local Admiralty Rules.

(1) Notification of the Marshal Required. When an application for change in custody

arrangements is filed, either before or after the Marshal has taken custody of the vessel or

property, the filing party shall serve notice of the application on the Marshal in sufficient time to

permit the Marshal to review the indemnification and insurance arrangements of the filing party

and substitute custodian. The application shall also be

served upon all other parties to the litigation.

(2) Indemnification Requirements. Any motion for the appointment of a substitute custodian or

facility shall include as an exhibit to the motion, a consent and indemnification agreement signed

by both the filing party, or the filing party’s attorney, and the proposed substitute custodian.

The consent and indemnification agreement shall expressly release the Marshal from any and all

liability and responsibility for the care and custody of the property while in the hands of the

substitute custodian; and shall expressly hold the Marshal harmless from any and all claims

whatsoever arising from the substitute custodianship. The agreement shall substantially conform

in format and content to the form identified as NDF 6 in the Appendix to these Local Admiralty

Rules.

(3) Court Approval Required. The motion to change custody arrangements, and indemnification

and consent agreement shall be referred to a judicial officer who shall determine whether the

facility or substitute custodian is capable of safely keeping the vessel, cargo and/or property.

(d) Insurance Requirements.

(1) Responsibility for Initially Obtaining Insurance. Concurrent with the arrest or attachment of a

vessel or property, the Marshal shall obtain insurance to protect the Marshal, the Marshal’s

deputies, keepers, and custodians from liability arising from the arrest or attachment.

The insurance shall also protect the Marshal and the Marshal’s deputies or agents from

any liability arising from performing services undertaken to protect the vessel, cargo and/or

property while that property is in the custody of the Court.

(2) Payment of Insurance Premiums. It shall be the responsibility of the party applying for the

arrest or attachment of a vessel, cargo and/or property to promptly reimburse the Marshal for

premiums paid to effect the necessary insurance.

The party applying for change in custody arrangements shall be responsible for paying the

Marshal for any additional premium associated with the change.

(3) Taxation of Insurance Premiums. The premiums charged for the liability insurance will be

taxed as an expense of custody while the vessel, cargo and/or property is in custodia legis.

(11) Preservation, Humanitarian and Repatriation Expenses.

(a) Limitations on Reimbursement for Services and/or Supplies Provided to a Vessel or

Property in Custody. Except in cases of emergency or undue hardship, no person will be entitled

to claim as an expense of administration the costs of services or supplies furnished to a vessel,

cargo and/or property unless such services or supplies have been furnished to the Marshal upon

the Marshal’s order, or pursuant to an order of this Court.

Any order issued pursuant to this subsection shall require the person furnishing the services or

supplies to file a weekly invoice. This invoice shall be set forth in the format prescribed in Local

Admiralty Rule E(11)(e).

(b) Preservation Expenses for the Vessel and Cargo. The Marshal, or substitute custodian, is

authorized to incur expenses reasonably deemed necessary in maintaining the vessel, cargo and/or

property in custody for the purpose of preventing the vessel, cargo and/or property from suffering

loss or undue deterioration.

(c) Expenses for Care and Maintenance of a Crew. Except in an emergency, or upon the

authorization of a judicial officer, neither the Marshal nor substitute custodian shall incur

expenses for feeding or otherwise maintaining the crew.

Applications for providing food, water and necessary medical services for the maintenance of the

crew may be submitted, and decided ex parte by a judicial officer, providing such an application

is made by some person other than the owner, manager or general agent of the vessel.

Such applications must be filed within thirty (30) days from the date of the vessel’s initial seizure.

Otherwise, except in the case of an emergency, such applications shall be filed and served upon

all parties, who in turn shall have ten (10) days from receipt of the application to file a written

response. Expenses for feeding or otherwise maintaining the crew, when incurred in accordance

with this subsection, shall be taxed as an expense of administration and not as an expense of

custody.

(d) Repatriation Expenses. Absent an order of Court expressly ordering the repatriation

of the crew and/or passengers, and directing that the expenses be taxed as a cost of

administration, no person shall be entitled to claim these expenses as expenses of administration.

(e) Claim by a Supplier for Payment of Charges. Any person who claims payment for

furnishing services or supplies in compliance with Local Admiralty Rule E(11), shall submit an

invoice to the Marshal’s office for review and approval.

The claim shall be presented in the form of a verified claim, and shall be submitted within a

reasonable time after furnishing the services or supplies, but in no event shall a claim be accepted

after the vessel, or property has been released. The claimant shall file a copy of the verified claim

with the Marshal, and also serve the substitute custodian and all other parties to the litigation.

The Marshal shall review the claim, make adjustments or recommendations to the claim as are

appropriate, and shall thereafter forward the claim to the Court for approval. The Court may

postpone the hearing on an individual claim until a hearing can be set to consolidate other claims

against the property.

(12) Property in Incidental Custody and Otherwise Not Subject to the Arrest or

Attachment.

(a) Authority to Preserve Cargo in Incidental Custody. The Marshal, or an authorized

substitute custodian, shall be responsible for securing, maintaining and preserving all property

incidentally taken into custody as a result of the arrest or attachment of a vessel or property.

Incidental property may include, but shall not be limited to, laden cargo not itself the subject of

the arrest or attachment.

The Marshal or other custodian shall maintain a separate account of all costs and expenses

associated with the care and maintenance of property incidentally taken into custody.

Any person claiming entitlement to possession of property incidentally taken into custody shall be

required, as a precondition of receiving possession, to reimburse the Marshal for such separately

accounted expenses. Funds received by the Marshal will be credited against both the expense of

custody and administration.

(b) Separation, Storage and Preservation of Property in Incidental Custody. Any party,

or the Marshal, may petition the Court to permit the separation and storage of property in

incidental custody from the property actually arrested or attached.

When separation of the property is ordered to protect the incidentally seized property from undue

deterioration; provide for safer storage; meet an emergency; reduce the expenses of custody; or to

facilitate a sale of the vessel or other property pursuant to Local Admiralty Rule E(16); the costs

of such separation shall be treated as an expense of preservation and taxed as a cost of custody.

(c) Disposal of Unclaimed Property. Property incidentally in custody and not subsequently

claimed by any person entitled to possession, shall be disposed of in accordance with the laws

governing the disposition of property abandoned to the United States of America.

Except when prohibited by prevailing federal statute, the resulting net proceeds associated with

the disposition of abandoned property shall be applied to offset the expense of administration,

with the remainder escheating to the United States of America as provided by law.

(13) Dismissal.

(1) By Consent. No action may be dismissed pursuant to Fed.R.Civ.P. 41(a) unless all costs and

expenses of the Court and its officials have first been paid.

Additionally, if there is more than one plaintiff or intervening plaintiff, no dismissal may

be taken by a plaintiff unless that party’s proportionate share of costs and expenses has been paid

in accordance with Local Admiralty Rule E(6).

(2) Involuntary Dismissal. If the Court enters a dismissal pursuant to Fed.R.Civ.P. 41(b), the

Court shall also designate the costs and expenses to be paid by the party or parties so dismissed.

(14) Judgments.

(1) Expenses of Sureties as Costs. If costs are awarded to any party, then all reasonable premiums

or expenses paid by the prevailing party on bonds, stipulations and/or other security shall be taxed

as costs in the case.

(2) Costs of Arrest or Attachment. If costs are awarded to any party, then all reasonable expenses

paid by the prevailing party incidental to, or arising from the arrest or attachment of any vessel,

property and/or cargo shall be taxed as costs in the case.

(15) Stay of Final Order.

(a) Automatic Stay for Ten (10) Days. In accordance with Fed.R.Civ.P. 62(a), no execution shall

issue upon a judgment, nor shall seized property be released pursuant to a judgment or dismissal,

until ten (10) days after the entry of the judgment or order of dismissal.

(b) Stays Beyond the Ten (10) Day Period. If within the ten (10) day period established

by Fed.R.Civ.P. 62(a), a party files any of the motions contemplated in Fed.R.Civ.P. 62(b), or a

notice of appeal, then unless otherwise ordered by the Court, a further stay shall exist for a period

not to exceed thirty (30) days from the entry of the judgment or order. The purpose of this

additional stay is to permit the Court to consider an application for the establishment of a

supersedeas bond, and to order the date upon which the bond shall be filed with the Court.

(16) Notice of Sale.

(a) Publication of Notice. In an action in rem or quasi in rem, and except in suits on behalf of the

United States of America where other notice is prescribed by statute, the Marshal shall publish

notice in any of the newspapers approved pursuant to Local Admiralty Rule A(7).

(b) Duration of Publication. Unless otherwise ordered by the Court, applicable Supplemental

Rule, or Local Admiralty Rule, publication of the notice of sale shall be made at least twice; the

first publication shall be at least one (1) calendar week prior to the date of the sale, and the second

at least three (3) calendar days prior to the date of the sale.

(17) Sale of a Vessel or Property.

(a) Payment of the Purchase Price. Unless otherwise provided in the order of sale, the person

whose bid is accepted shall pay the Marshal the purchase price in the manner provided below;

(1) If the Bid Is Not More Than $500.00. The successful bidder shall immediately pay the full

purchase price.

(2) If the Bid Is More Than $500.00. The bidder shall immediately deposit with the Marshal

$500.00, or 10% of the bid, whichever sum is greater. Thereafter the bidder shall pay the

remaining purchase price within three (3) working days.

If an objection to the sale is filed within the time permitted by Local Admiralty Rule E(17)(g), the

successful bidder is excused from paying the remaining purchase price until three (3) working

days after the Court confirms the sale.

(b) Method of Payment. Unless otherwise ordered by the Court, payments to the Marshal shall be

made in cash, certified check or cashier=s check.

(c) Custodial Costs Pending Payment. When a successful bidder fails to pay the balance of the bid

within the time allowed by Local Admiralty Rule E (17)(a)(2), or within the time permitted by

order of the Court, the Marshal shall charge the successful bidder for the cost of keeping the

property from the date payment of the balance was due, to the date the bidder takes delivery of the

property.

The Marshal may refuse to release the property until these additional charges have been paid.

(d) Default for Failure to Pay the Balance. The person who fails to pay the balance of the bid

within the time allowed shall be deemed to be in default. Thereafter a judicial officer may order

that the sale be awarded to the second highest bidder, or may order a new sale as appropriate.

Any sum deposited by the bidder in default shall be forfeited, and the amount shall be

applied by the Marshal to any additional costs incurred because of the forfeiture and default,

including costs incident to resale. The balance of the deposit, if any, shall be retained in the

registry and subject to further order of the Court.

(e) Marshal’s Report of Sale. At the conclusion of the sale, the Marshal shall file a written report

of the sale to include the date of the sale, the price obtained, and the name and address of the

buyer.

(f) Confirmation of Sale. Unless an objection is timely filed in accordance with this rule,

or the purchaser is in default for failing to pay the balance of the purchase price, plaintiff shall

proceed to have the sale confirmed on the day following the last day for filing objections.

In order to confirm the sale, plaintiff’s counsel shall file a “Request for Confirmation of Sale”

following the last day for filing an objection. The “Request for Confirmation of Sale” shall

substantially conform in format and content to the form identified as NDF 10 in the Appendix to

these Local Admiralty Rules. Plaintiff’s counsel shall also prepare and offer for filing a

“Confirmation of the Sale”. The “Confirmation of Sale” shall substantially conform in format and

content to the form identified as NDF 11 in the Appendix to these Local Admiralty Rules.

Thereafter, the Clerk shall file and docket the confirmation and shall promptly transmit a certified

copy of the “Confirmation of Sale” to the Marshal’s office.

Unless otherwise ordered by the Court, if the plaintiff fails to timely file the “Request for

Confirmation of Sale” and proposed “Confirmation of Sale”, the Marshal shall assess any

continuing costs or expenses for custody of the vessel or property against the plaintiff.

(g) Objections to Confirmation.

(1) Time for Filing Objections. Unless otherwise permitted by the Court, an objection must be

filed within three (3) working days following the sale. The party or person filing an objection

shall serve a copy of the objection upon the Marshal and all other parties to the action, and shall

also file a Certificate of Service indicating the date and manner of service. Opposition to the

objection must be filed within five (5) days after receipt of the objection of the sale.

The Court shall consider the objection, and any opposition to the objection, and shall

confirm the sale, order a new sale, or grant other relief as appropriate.

(2) Deposit of Preservation or Maintenance Costs. In addition to filing written objections, any

person objecting to the sale shall also deposit with the Marshal the cost of keeping the property

for at least seven (7) days. Proof of the deposit with the Marshal’s office shall be delivered to the

Clerk’s office by the moving party. The Court will not consider the objection without proof of this

deposit.

If the objection is sustained, the objector will be reimbursed for the expense of keeping the

property from the proceeds of any subsequent sale, and any remaining deposit will be returned to

the objector upon Court order.

If the objection is denied, the sum deposited by the objector will be applied to pay the fees and

expenses incurred by the Marshal in keeping the property from the date the objection was filed

until the sale is confirmed. Any remaining deposit will be returned to the objector upon order of

Court.

(h) Confirmation of Title. Failure of a party to give the required notice of an action and arrest of

a vessel, property and/or cargo, or failure to give required notice of a sale, may afford grounds for

objecting to the sale, but such failure does not affect the title of a good faith purchaser of the

property.

(18) Post-sale Claim. Claims against the proceeds of a sale authorized by these rules, except for

seamen’s wages, will not be admitted on behalf of lienors who file their claims after the sale.

Unless otherwise ordered by the Court, any claims filed after the date of the sale shall be limited

to the remnants and surplus arising from the sale.