Default in Action In Rem (a) Notice Required

A party seeking a default judgment in an action in rem must show that due notice of the action and arrest of the property has been given: (1) In actions subject to Fed. R. Civ. P. Supp. G: i. Through execution of process in accordance with Fed. R. Civ. P. Supp. G(3); and ii. In accordance with Fed. R. Civ. P. Supp.

G(4). (2) In actions not subject to Fed. R. Civ. P. Supp. G: i. ii. iii. By publication as required in Fed. R. Civ. P. Supp.

C(4); By service upon the master or other person having custody of the property; and By service under Fed. R. Civ. P. 5(b) upon every other person who has not appeared in the action and is known to have an interest in the property. (b) Persons with Recorded Interests. (1) In actions subject to Fed. R. Civ. P. Supp. G: i. In accordance with Fed. R. Civ. P. Supp.

G(4). (2) In actions not subject to Fed. R. Civ. P. Supp. G: i. ii. iii. If the defendant property is a vessel documented under the laws of the United States, plaintiff must attempt to notify all persons named in the United States Coast Guard Certificate of Ownership; If the defendant property is a vessel numbered as provided in the Federal Boat Safety Act, plaintiff must attempt to notify the persons named in the records of the issuing authority; If the defendant property is of such character that there exists a governmental registry of recorded property interests or security interests in the property, the plaintiff must attempt to notify all persons named in the records of each such registry.

(c) Failure to Give Notice. Failure to give notice as provided by this local rule shall be grounds for setting aside the default under applicable rules, but shall not affect title to property sold pursuant to order of sale or judgment.