DEPOSIT IN COURT

(a) Receipt and Deposit of Registry Funds. All funds received in the Registry of the Court in civil cases whose principal sum is more than $500 will be deposited by the Clerk of Court with the Court's designated depository, or, if otherwise ordered by the Court, in an interest bearing account at a rate no lower than ordinary passbook rates. Funds whose principal sum is $500 or less will be deposited in the Court's U.S. Treasury registry and will bear no interest. In criminal cases, funds received by the Court for a bail bond will be deposited in the U. S. Treasury and will bear no interest.

(b) Form of Order. (1) A proposed order to deposit funds in the Court's Registry shall specify the amount to be deposited. If the moving party desires to have the funds placed in a special investment, a proposed order shall be filed with the Court which shall state the type of investment to be made, the prevailing rate of interest, the length of time the funds are to be invested, and whether the investment is to be automatically renewed at maturity. (2) Unless otherwise specifically provided by order of the Court, any interest earned on registry accounts will accrue to the person or persons ultimately found to be entitled to receive the original principal amount deposited in the Court's Registry.

(c) Disbursement of Registry Funds. (1) Funds shall be disbursed from the registry of the Court only upon order of a Judge of this Court. It shall be the responsibility of counsel filing a motion for disbursement to satisfy 28 the Court of the recipient's entitlement to the funds sought to be disbursed. (2) A motion for disbursement of registry funds shall set forth the principal sum initially deposited, the amount of principal funds to be disbursed, to whom the disbursement is to be made, complete mailing instructions, and specific instructions regarding distribution of accrued interest.

(3) Each motion shall be accompanied by a proposed order which shall contain substantially the following language: "The Clerk of Court is authorized and directed to draw a check (or checks) on the funds on deposit in the registry of this Court in the principal amount of $ plus all interest earned less the assessment fee for the administration of funds, (or state other instruction regarding interest), payable to (name and address of payee), and mail or deliver the check (or checks) to (payee or attorney) at (full address with zip code)." (4) If more than one check is to be issued on a single order, the portion of principal due each payee must be stated separately. (5) Counsel must also provide the Social Security number or Tax I.D. number for each payee and complete mailing or delivery instructions for each payee. This information shall be submitted to the Clerk of Court’s Finance Department and shall not be filed into the case record. (6) On all checks drawn by the Clerk of Court on registry funds, the name of the payee shall be written as that name appears in the Court's order providing for disbursement.

(7) The Clerk of Court will issue disbursements as soon after receipt of the order for disbursement as the business of the Clerk's office allows, except when it is necessary to allow time for a check or draft to clear or when otherwise directed by the Court. LOCAL CIVIL RULE 72 - MAGISTRATE JUDGES; PRETRIAL ORDERS (a) Method of Review of Magistrate Judge Determination by a District Judge. A motion to review a Magistrate Judge’s order or an objection to the proposed findings and recommendation of a Magistrate Judge must be made by filing a motion for review of the order or an objection to 29 the proposed findings and recommendation, along with a supporting memorandum. (b) Referral of Proceedings in Civil Matters.

Proceedings in civil matters may be referred to a Magistrate Judge for decision or for report and recommendation, in accordance with 28 U.S.C. § 636(b)(1)(A) and (B), and any standing orders issued by the District Judge to whom the case is assigned. LOCAL CIVIL RULE 73 - MAGISTRATE JUDGES; TRIAL BY CONSENT AND APPEAL OPTIONS (a) Jurisdiction. (1) All Magistrate Judges are designated fully to exercise all powers and jurisdiction, and perform to the fullest extent the duties prescribed in 28 U.S.C. § 636(a), (b) and (c). (2) Nothing in these rules shall preclude the Court, or a Judge of this Court, from conducting any proceeding itself rather than by a Magistrate Judge.

(b) Referral of Cases. The Clerk of Court shall refer cases to the Magistrate Judges in accordance with the Court's general orders and standing orders issued by the Judge to whom the case is assigned. (c) Cases Referred for Trial Under 28 U.S.C. § 636(c). Upon the written consent of all parties and referral by the District Judge to whom the case is assigned, a Magistrate Judge may conduct any and all proceedings in a civil case which is filed in this Court, including the conduct of a jury or non-jury trial and post-judgment proceedings, and shall order the entry of a final judgment.

In the course of conducting such proceeding a Magistrate Judge shall hear and determine any and all pre-trial and post-trial motions which are filed by the parties, including dispositive motions. (d) Other Duties. A Magistrate Judge may be assigned additional duties under 28 U.S.C. § 636(b)(3), including the following matters, which are set forth for illustrative purposes only: (1) Conduct pre-trial conferences, settlement conferences, omnibus hearings, and related pre-trial proceedings in civil and criminal cases; (2) Accept waivers of indictment, pursuant to Fed. R. Civ. P. 7(b); 30 (3) Conduct voir dire and select grand and petit juries for the Court; (4) Conduct necessary proceedings in a probation revocation action; (5) 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; (6) Order the exoneration or forfeiture of bonds; (7) Conduct proceedings for the collection of civil penalties of not more than $200 assessed under the Federal Boat Safety Act of 1971, in accordance with 46 U.S.C. § 4311(d); (8) Conduct examinations of judgment debtors in accordance with Fed. R. Civ. P. 69; (9) Conduct proceedings for initial commitment of narcotics addicts under Title III of the Narcotic Addict Rehabilitation Act; (10) Perform the functions specified in 18 U.S.C. § 4107, 4108, and 4109, regarding proceedings for verification of consent by offenders to transfer to or from the United States and the appointment of counsel therein; (11) Conduct extradition proceedings pursuant to 18 U.S.C. § 3184; (12) Discharge indigent prisoners or persons imprisoned for debt under process or provisions of 28 U.S.C. § 2007; (13) Issue attachment or order to enforce obedience to an Internal Revenue Summons to produce books and give testimony under 26 U.S.C. § 6704(b); (14) Upon application, cause the arrest and detention of seaman in accordance with 22 U.S.C. § 256 - 258; conduct proceedings for disposition of deceased seaman’s effects under 46 U.S.C. § 10706, et seq. conduct hearings of offenses arising under 46 U.S.C. § 11501, and submit reports and recommendations to the District Judge; (15) Review appeals of Social Security cases and submit a report and recommendation to the District Court; 31 (16) Enter a scheduling order and modify a scheduling order upon a showing of good cause under Fed. R. Civ. P. 16(b); (17) Issue Order for Service by Publication under 28 U.S.C. § 1655; (18) Issue appropriate Orders for Execution of Judgment; (19) Issue Orders confirming sales by the U. S. Marshal under 28 U.S.C. § 2001 and 2004. (20) Perform any additional duty that is consistent with the Constitution and laws of the United States.