Application for a Temporary Restraining Order or Preliminary Injunction

Application for a Temporary Restraining Order or Preliminary Injunction An application for a temporary restraining order or preliminary injunction shall be made by motion separate from the complaint. CVLR 65.1 Bonds and Sureties Security for Costs. On its own motion or a party’s motion, the Court may order any (a) party to file a bond for costs in an amount and under conditions designated by the Court. (b) Qualifications of Surety.

Every bond for costs under these Local Rules must have as surety either (1) a cash deposit, certified check or bank check equal to the amount of the bond or (2) a corporation authorized by the Secretary of the Treasury of the United States to act as surety on official bonds under Title 31 U.S.C. §§ 9301-9309, or (3) an individual who owns real or personal property within the Territory of Guam sufficient in value above encumbrances to justify the full amount of the suretyship, or (4) any insurance, surety or bonding company licensed to do business in the Territory of Guam. Court Officers as Surety. No clerk, marshal or other employee of the Court, nor any (c) member of the bar representing a party in the particular action or proceeding, will be accepted as surety on any bond or other undertaking in any action or proceeding in this Court. Cash deposits on bonds may be made by members of the bar on certification that the funds are the property of a specified person who has signed as surety on the bond.

Upon exoneration of the bond, such monies shall be returned to the owner and not to the attorney, unless the Court orders otherwise. Deposit of Money or United States Obligations in Lieu of Surety. In lieu of surety in (d) any civil case, there may be deposited with the Clerk of the Court lawful money or negotiable bonds or notes of the United States. The depositor shall execute a suitable bond, and, if negotiable bonds or notes of the United States are deposited, shall also execute the agreement required by 31 U.S.C. § 9303, authorizing the Clerk to collect or sell the bonds or notes in the event of default.

(e) Examination of Sureties. Any party may apply for an order requiring any opposing party to show cause why it should not be required to furnish further or different security, or requiring personal sureties to justify. CVLR 66 Receiverships. Appointment of Receivers.

Application for the appointment of a receiver may be made (a) after the complaint has been filed and the summons issued. - 23 - Temporary Receivers. A temporary receiver may be appointed without notice to (1) the party sought to be subjected to a receivership in accordance with the requirements and limitations of the Federal Rules of Civil Procedure. Permanent Receivers. A permanent receiver may be appointed after notice and (2) hearing upon motion filed and served on all parties.

Bond. The Court may require any receiver appointed to furnish a bond in an (3) amount which the Court deems reasonable. (b) Employment of Experts. The receiver shall not employ an attorney, accountant or investigator without an order of a Court.

The compensation of all such employees shall be fixed by the Court. Application for Fees. All applications for fees for services rendered in connection with (c) a receivership shall be made by petition setting forth in reasonable detail the nature of the services and may be heard in open court, unless otherwise ordered by the court. CVLR 72 Magistrate Judges: Pretrial Orders (a) General Duties and Functions.

The magistrate judge is authorized to perform all of the duties and functions prescribed by 28 U.S.C. § 636, or any other statutes or Federal Rules of Procedure which authorize magistrate judges to perform judicial duties or functions. The magistrate judge shall have the inherent power of a judicial officer to implement and enforce his own orders and to regulate proceedings before him, to the extent permitted by law. Determination of Non-Dispositive Pretrial Matters. Pursuant to 28 U.S.C. § (b) 636(b)(1)(A), a magistrate judge will hear and determine any pretrial motions, including discovery motions, other than the dispositive motions which are specified in 28 U.S.C. § 636(b)(1)(A).

Determination of Case-Dispositive Pretrial Matters. A district judge may designate a (c) magistrate judge to hear and determine, and to submit to a district judge proposed findings of fact and recommendations for the disposition by the district judge of case dispositive motions. A magistrate judge may determine any preliminary matters and conduct any necessary evidentiary hearing or other proceeding arising in the exercise of the authority conferred by this subsection. Special Master References.

A magistrate judge may be designated by a district judge (d) to serve as a special master in appropriate civil cases in accordance with 18 U.S.C. § 636(b)(2) - 24 - and Rule 53 of the Federal Rules of Civil Procedure. Upon the consent of the parties, a magistrate judge may be designated by a district judge to serve as a special master in any civil case. (e) Other Duties. A magistrate judge is also authorized to: Conduct scheduling conferences, preliminary pretrial conferences, settlement (1) conferences and related pretrial proceedings; Exercise general supervision of civil calendars, conduct calendar and status calls, (2) and determine motions to expedite or postpone the trial of cases for the district judge; Conduct voir dire and select petit juries for the district judge with the consent of (3) the parties; (4) Accept petit jury verdicts in the absence of a district judge; Review and approve requests for exemption and/or excuse from jury service, (5) grand jury empanelments, and conduct juror qualification hearings; (6) Rule upon objections to the allowance of costs by the Clerk of Court; (7) Conduct examinations of judgment debtors; (8) Issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus ad prosequendum, or other orders necessary to obtain the presence of parties, witnesses or evidence needed for court proceedings; Conduct proceedings for the collection of civil penalties of not more than $200 (9) assessed under the Federal Boat Safety Act of 1971; (10) Conduct proceedings relating to naturalization matters; (11) Conduct proceedings relating to the admission of attorneys to practice before this Court; (12) Hear and determine matters relating to nonpayment of seaman’s wages; (13) Conduct proceedings relating to preferred ship mortgage foreclosures; - 25 - (14) Hear and determine matters relating to the arrest or release of vessels; (15) Rule upon applications to proceed in forma pauperis, pursuant to 28 U.S.C. § 1915; (16) Issue administrative inspection warrants and orders of entry; (17) Hear and determine matters relating to the enforcement of administrative subpoenas; (18) Hear and determine Internal Revenue Service Attachments or Orders to enforce obedience to Internal Revenue Service summonses to produce records or give testimony; (19) Hear and determine Internal Revenue Service Attachments or orders to enforce obedience to Guam Department of Revenue and Taxation summonses to produce records or give testimony; (20) Hear and determine matters relating to applications for the appointment of a guardian ad litem; (21) Hear and determine applications for letters rogatory; and Perform any additional duty not inconsistent with the Constitution and laws of (22) the United States, and any other duty assigned by the Chief Judge.

(f) Authority of Chief Judge or District Judge. Nothing in these rules shall preclude the Chief Judge or a district judge from reserving any proceedings for conduct by a district judge, rather than a magistrate judge. CVLR 73 Magistrate Judge: Trial by Consent; Appeal (a) Notice. The Clerk of Court shall notify the parties in all civil cases that they may consent to have a magistrate judge conduct any or all proceedings in the case, including determination of any dispositive motion, and order the entry of final judgment.

The notice shall be personally served upon or mailed to the plaintiff or his counsel at the time an action is filed. The plaintiff or his counsel shall provide such notice to other parties as attachments to copies of the complaint and summonses when served. Additional notices may be furnished to the parties at later stages of the proceedings. A copy of the consent forms (AO 85 and AO 85A) shall also be available on the Court’s website. - 26 - (b) Execution of Consent.

The Clerk of Court shall not accept a consent form unless it has been signed by all parties or their respective counsel in a case. The plaintiff, or the defendant if the plaintiff is proceeding pro se, shall be responsible for securing the execution of a consent form by the parties and for lodging such form with the Clerk of Court. However, either party may procure the form. No consent form will be made available, nor will its contents be made known to any district judge or magistrate judge, unless all parties have consented to the reference to the magistrate judge.

The district judge or magistrate judge may advise the parties of the availability of the magistrate judge to try a civil case or hear a civil motion by consent, but in so doing, shall also advise the parties that they are free to withhold consent without adverse substantive consequences. A party added after reference of the case to the magistrate judge on consent will be given an opportunity to consent to the continued exercise of case-dispositive authority by the Magistrate Judge. The Clerk of Court will give the party an unexecuted copy of the notice previously provided to the plaintiff. If the party chooses to consent, it must, within 21 days of its appearance, file with the Clerk of Court the notice denoting its consent, signed by the party or its counsel.

Unless the notice is properly signed and filed, the case will be transferred back to the district judge for final determination and disposition. Filing of Consent. Once the consent to proceed before the magistrate judge has been (c) approved by the assigned judge and filed, the Magistrate Judge is authorized to conduct any and all proceedings in a jury or non-jury civil matter and to direct the Clerk of Court to enter final judgment in the same manner as if a district judge had presided. Appeal from a final judgment entered at a magistrate judge’s direction may be taken to the court of appeals as would any other appeal from a district court judgment.