RICO CASES

(a) (b) In all cases in this court in which claims are asserted under the Racketeer Influenced and Corrupt Organization Act (“RICO”), 18 U.S.C. § 1961, a RICO Statement, conforming to the requirements of this order, must accompany the filing of the RICO complaint. This Statement must include the facts that the Plaintiff is relying upon to initiate this RICO complaint as a result of the “reasonable inquiry” required by FED. R. CIV. P. 11. This Statement must be in a form which uses both the numbers and letters as set forth below and must, in detail and with specificity: 44 (1) (2) (3) State whether the alleged unlawful conduct is in violation of 18 U.S.C. § 1962(a), (b), (c), and/or (d). List each Defendant and state the alleged misconduct and basis of liability of each Defendant.

List the alleged wrongdoers, other than the Defendant(s) listed above, and state the alleged misconduct of each wrongdoer. (4) List the alleged victims and state how each victim was allegedly injured. (5) Describe in detail the pattern of racketeering activity or collection of unlawful debts alleged for each RICO claim. A description of the pattern of racketeering must include the following information: (A) (B) (C) (D) (E) (F) (G) List the alleged predicate acts and the specific statutes which were allegedly violated; Provide the dates of the predicate acts, the participants in the predicate acts, and a description of the facts surrounding the predicate acts; If the RICO claim is based on the predicate offenses of wire fraud, mail fraud, or fraud in the sale of securities, the “circumstances constituting fraud or mistake shall be stated with particularity.” FED. R. CIV. P. 9(b).

Identify the time, place, and contents of the alleged misrepresentations, and the identity of persons to whom and by whom the alleged misrepresentations were made; State whether there has been a criminal conviction for violation of the predicate acts; State whether civil litigation has resulted in a judgment in regard to the predicate acts; Describe how the predicate acts form a “pattern of racketeering activity”; and State whether the alleged predicate acts relate to each other as part of a common plan. If so, describe in detail. (6) Describe in detail the alleged enterprise for each RICO claim. A description of each enterprise must include the following information: (A) State the names of the individuals, partnerships, corporations, associations, or other legal entities which allegedly constitute the enterprise; 45 (B) Describe the structure, purpose, function, and course of conduct of the enterprise; (C) (D) (E) (F) State whether any Defendants are employees, officers, or directors of the alleged enterprise; State whether any Defendants are associated with the alleged enterprise; State whether the Plaintiff is alleging that the Defendants are individuals or entities separate from the alleged enterprise, or that the Defendants are the enterprise itself, or are members of the enterprise; and If any Defendants are alleged to be either the enterprise itself or members of the enterprise, explain whether such Defendants are perpetrators, passive instruments, or victims of the alleged racketeering activity.

State whether the Plaintiff is alleging that the pattern of racketeering activity and the enterprise are separate or have merged into one entity. In either event, describe in detail. Describe the alleged relationship between the activities of the enterprise and the pattern of racketeering activity. Discuss how the racketeering activity differs from the usual and daily activities of the enterprise, if at all.

(7) (8) (9) Describe what benefits, if any, the alleged enterprise receives from the alleged pattern of racketeering. (10) Describe the effect of the activities of the enterprise on interstate or foreign commerce. (11) If the Complaint alleges a violation of 18 U.S.C. § 1962(a), provide the following information: (A) State who received the income derived from the pattern of racketeering activity or through the collection of an unlawful debt; and (B) Describe the use, investment, or locus of such income. (12) If the Complaint alleges a violation of 18 U.S.C. § 1962(b), describe in detail the acquisition or maintenance of any interest in or control of the alleged enterprise.

46 (13) If the Complaint alleges a violation of 18 U.S.C. § 1962(c), provide the following information: (A) State who is employed by or associated with the enterprise; and (B) State whether the same entity is both the liable “person” and the “enterprise” under § 1962(c). (14) If the Complaint alleges a violation of 18 U.S.C. § 1962(d), describe in detail the alleged conspiracy. (15) Describe the direct causal relationship between the alleged injury and the violation of the RICO statute. (16) List the actual damages for which Defendant is allegedly liable.

(17) List all other federal causes of action, if any, and provide citations to the relevant statute(s). (18) List all pendent state claims, if any. (19) Provide any additional information that you feel would be helpful to the Court in considering your RICO claim. 47 ADMIRALTY AND MARITIME RULES DISTRICT COURTS OF MISSISSIPPI Rule A. SCOPE AND GENERAL PROVISIONS (1) Applicability.

These rules apply to the procedures in admiralty and maritime claims within the meaning of FED. R. CIV. P. 9(h), which in turn are governed by the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure [Admiralty Supplemental Rules] in the United States District Courts in the State of Mississippi. As used in these Local Admiralty Rules, the term “judicial officer” or “court” means either a United States District Judge or a United States Magistrate Judge. (2) Citation Format (3) (4) (5) (a) The Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure should be cited as “Supplemental Rule [ ].” (b) The Local Admiralty and Maritime Rules must be cited as “Local ]).” Admiralty Rule (L.A.R. [ Application of Local Admiralty and Maritime Rules. The Local Admiralty Rules apply to all actions governed by L.A.R. A(1), and to the extent possible should be construed to be consistent with the other local rules of this court.

To the extent that a Local Admiralty Rule conflicts with another local rule of this court, the Local Admiralty Rule controls. Designation of “In Admiralty” Proceedings. All pleadings filed in a FED. R. CIV. P. 9(h) action should set forth the words, “IN ADMIRALTY” following the designation of the court. See Admiralty Form 28 on the courts’ Websites.

In Rem Admiralty and Maritime Jurisdiction. In any action brought in rem under the admiralty and maritime jurisdiction of this court, a plaintiff may present a motion and order for the arrest of property to any judicial officer within the district, in the event that the judicial officer assigned to the matter is not readily available to review the pleadings. If a plaintiff has procured a person, firm, or corporation to serve as a substitute custodian of seized property, any judicial officer in the district may sign an order, supported by a motion, permitting the United States Marshal to deliver the property seized to the substitute custodian, assuming the motion is joined by all parties or is being submitted before the appearance of any opposing party. In addition to any other supporting reasons, a plaintiff petitioning to transfer seized property to a substitute custodian must show, by means of a Certificate of Insurance or other sufficient proof of insurance, that there is sufficient insurance coverage for the vessel/property while in the possession of the substitute custodian and must maintain the coverage in place during the pendency of the case.

The insurance must comply with the mandates of 48 (6) (7) (8) (9) the United States Marshal and specifically name the substitute custodian as a named insured. Verification of Pleadings. Every complaint or claim made under the Admiralty Supplemental Rules must be verified on oath or affirmation by a party, or an officer of a corporate party. If no party or corporate officer is within the district, verification of a complaint or claim may be made by an agent, attorney-in-fact, or attorney of record, who declares the sources of the signer’s knowledge or the contents of the verified document, that the document verified is true to the best of the signer’s knowledge, the reason why verification is not made by the party or corporate officer, and that the signer has signatory authority.

The verification will be deemed to be that of the party, as if verified personally. Any interested party may move, with or without a request for stay, for a personal oath of a party or all parties, or that of a corporate officer. If required by the court, verification must be procured by commission or as otherwise ordered. Amendment of Pleadings to Add or Delete Rule 9(h) Designations.

In any case in which a plaintiff makes a maritime claim within the meaning of FED. R. CIV. P. 9(h), but the plaintiff could also bring all or a portion of the claims under a different source of jurisdiction and thereby request a trial by jury, the plaintiff’s motion to amend the pleadings to either add or delete the Rule 9(h) designation must be made by the general deadline set for amendments to all pleadings. Likewise, in any case in which a plaintiff makes a maritime claim within the meaning of Rule 9(h) and also demands a jury trial, the plaintiff must designate the division of those claims by the deadline set for amendment to pleadings, in the absence of a designation, the entire case will proceed under Rule 9(h) and be set for trial without jury. If a plaintiff elects to drop a Rule 9(h) designation entirely, any vessel or other property previously seized under the Admiralty Supplemental Rules must be immediately released from the custody of the U.S. Marshal or the substitute custodian, upon the motion of any party. Issuance of Process.

Except as limited by Supplemental Rules (B)(1) or (C)(3) and L.A.R. B(3) or C(2), or in suits prosecuted in forma pauperis and sought to be filed without pre-payment of fees or costs, or without security, all process will be issued by the court without further notice of the court. Publication of Notices. Unless otherwise required by the court or applicable Local Admiralty or Supplemental Rule, whenever a notice is required to be published by any statute of the United States or by any Supplemental Rule or Local Admiralty Rule, the notice must be published in a newspaper of general circulation in the district where the lawsuit is pending, once a week for three consecutive weeks. If the action involves a marine casualty and is pending in a district other than where the marine casualty occurred, then the plaintiff must also publish the required notice in a newspaper of general circulation where the casualty occurred.

All plaintiffs must use due diligence to provide direct notice to all known or reasonably anticipated claimants. 49 (10) Form and Return of Process in In Personam Actions. Unless otherwise ordered by the court, FED. R. CIV. P. 9(h) process must be by civil summons and must be returnable 21 days after service of process; except that process issued in accordance with Supplemental Rule (B) must conform to the requirements of that rule. (11) Taxation of Costs.

If costs are awarded to any party, the following may be taxed as costs in the case, in the manner provided for a civil action: (a) The reasonable premium or expenses paid on all bonds or stipulations or other security by the party to whom costs are awarded; (b) Reasonable wharfage or storage charges while in custody of the court; (c) Costs of publication of notices under applicable rules of court; and (d) Any other reasonable expenses determined by the court, on motion and after hearing, to have been necessarily incurred and proper as costs. (12) Forms - Admiralty and Maritime Rules. Examples of forms which may be used in admiralty and maritime actions are located on the courts’ Websites under “Admiralty Forms.” These forms provide illustrations of format and content, but they are neither mandatory nor exhaustive. Rule B. ATTACHMENT AND GARNISHMENT: SPECIAL PROVISIONS (1) Definition of “Not Found Within the District.” In an action in personam filed under Supplemental Rule (B), a defendant will be considered “not found within the district” if the defendant does not have a physical address locatable within the district where the action is filed by means of typical reference sources such as a telephone directory or listing with the Secretary of State or if there is evidence that despite the listing of a physical address within the district, no individual is present at any reasonable time to receive a summons and complaint as contemplated by FED. R. CIV. P. 4(d).

The plaintiff or the plaintiff’s attorney must sign and file with the complaint an affidavit setting forth the basis for classifying the defendant as “not found within the district.” See Admiralty Form 28 on the courts’ Websites. (2) Pre-seizure Requirements. In accordance with Supplemental Rule (B)(1), the process of attachment and garnishment will issue only after one of the following conditions has been met: (a) Judicial Review Before Issuance. Except as provided in L.A.R. B(3)(b), a judicial officer must review the verified complaint and any other relevant case papers before the clerk issues the requested process of attachment and garnishment.

No notice of this pre-arrest judicial review is required to be given to any person or prospective party. 50 If the judicial officer finds that probable cause exists to issue the process of attachment and garnishment, plaintiff must prepare an order that substantially conforms to Admiralty Form 1 on the courts’ Websites for the judicial officer’s signature directing the clerk to issue the process. Upon receipt of the signed order, the clerk will enter the order and issue the summons and process of attachment and garnishment as contemplated by L.A.R. B(3)(c). Thereafter the clerk may issue supplemental process without further order of court.

Certification of Exigent Circumstances. If the plaintiff files a written certification that exigent circumstances make review by the court impracticable, the clerk will issue a summons and the process of attachment and garnishment in accordance with L.A.R. B(2)(c). Preparation and Issuance of the Process of Attachment and Garnishment. Plaintiff must prepare the summons and the process of attachment and garnishment and deliver the documents to the clerk for filing and issuance.

The process of attachment and garnishment must substantially conform to Admiralty Form 2 on the courts’ Websites and must give adequate notice of the post-seizure provisions of L.A.R. B(4). United States Marshal’s Return of Service. The United States Marshal must file a return of service indicating the date and manner in which service was perfected and, if service was perfected upon a garnishee, the United States Marshal will indicate on the return the name, address, and telephone number of the garnishee. Use of Substitute Custodian.

If a substitute custodian is used in an attachment or garnishment proceeding, the plaintiff must follow the same requirements of L.A.R A(5). (b) (c) (d) (e) (3) Notification of Seizure to Defendant. In an in personam action under Supplemental Rule (B), plaintiff or garnishor must initially attempt to perfect service of the notice in accordance with Supplemental Rule (B)(2)(a) or (b). However, when service of the notice cannot be perfected in accordance with Supplemental Rule (B)(2)(a) or (b), plaintiff or garnishor must by affidavit offer proof required by Supplemental Rule (B)(2)(c) that the plaintiff or the garnishor has tried diligently to give notice of the action to the defendant but has been unable to do so.

(4) Post-attachment Review Proceedings (a) Filing a Required Answer 51 (i) By Defendant. In accordance with Supplemental Rule (E)(4)(f), any person who claims an interest in property seized under Supplemental Rule (B) must file an answer and claim against the property within 30 days after service of process has been executed, whether by attachment or service on the garnishee. The answer and claim must describe the nature of the claimant's interest in the property and articulate reasons why the seizure should be vacated. The claimant must serve a copy of the answer and claim upon plaintiff’s counsel, the United States Marshal, and any other party to the litigation, along with a Certificate of Service indicating the date and manner in which service of the answer and claim was made.

(ii) By Garnishee. The garnishee must file an answer to the Complaint and respond to any discovery served with the Complaint within 21 days after service. (b) Hearing on the Answer and Claim. The claimant may be heard before a judicial officer not less than three days after the answer and claim has been filed and served on the plaintiff.

If the court orders that the seizure be vacated, the judicial officer may also award reasonable attorneys’ fees, costs and other expenses incurred by any party as a result of the seizure. If the seizure was predicated upon a showing of “exigent circumstances” under L.A.R. B(3)(b), and the court finds that exigent circumstances did not exist, the court may award reasonable attorneys’ fees, costs, and other expenses incurred by any party as a result of the seizure. (5) Procedural Requirement for the Entry of Default. In accordance with FED. R. CIV. P. 55, a party seeking the entry of default in a Supplemental Rule (B) action must file a motion and supporting legal memorandum and offer other proof sufficient to demonstrate that due notice of the action and seizure have been given in accordance with L.A.R. B(4).

Upon review of the motion, memorandum, and other proof, the clerk should, where appropriate, enter the default of a party in accordance with FED. R. CIV. P. 55(a) and will serve notice of the entry of default upon all parties who have appeared in the action. (6) Procedural Requirements for the Entry of Default Judgment. Not later than 30 days after notice of the entry of default, the party seeking the entry of default judgment must file a motion with appropriate exhibits and supporting legal memorandum sufficient to support the entry of default judgment. The moving party must serve these papers upon every other party to the action and file a Certificate of Service indicating the date and manner in which service was made.

52 A party opposing the entry of default judgment must file written opposition to the motion within seven days of receipt of the motion. Unless otherwise ordered by the court, the motion for the entry of default judgment will be heard without oral argument. Unless a motion to be continued is granted, a default judgment establishes a right on the part of the party or parties in whose favor it is entered and will be considered prior to any claims of the owner of the defendant property against which it is entered and to the remnants and surpluses thereof but does not establish plaintiff’s priority of entitlement to possession of defendant property over non- possessory lien claimants. Obtaining a judgment by default will not preclude the party in whose favor it is entered from contending and proving that all, or any portion, of the claim or claims encompassed within the judgment are entitled to priority over any non-possessory lien claims.

Rule C. ACTIONS IN REM (1) (2) Verification Requirements. Every complaint and claim filed in an in rem proceeding under Supplemental Rule (C) must be verified in accordance with L.A.R. A(6) and B(2). Pre-seizure Requirements. In accordance with Supplemental Rule (C)(3), the process of arrest in rem may issue only after one of the following conditions has been met: (a) Judicial Review Before Issuance.

Except as provided in L.A.R. C(2)(b), no seizure warrant may be issued until a judicial officer has reviewed the verified complaint and any other relevant case papers and entered an order directing the clerk to issue the warrant for arrest or summons in rem. No notice of this pre-seizure judicial review is required to be given to any person or prospective party. The plaintiff must submit a proposed order to the judicial officer directing the clerk to issue a warrant of arrest or summons to be entered in the event that the court finds that probable cause exists for an action in rem. The order must substantially conform to Admiralty Form 3 on the courts’ Websites.

After entry of the signed order, the clerk will issue the warrant for arrest or summons in accordance with L.A.R. C(2)(c). The warrant must conform to Admiralty Form 4 on the courts’ Websites. Thereafter, the clerk may issue supplemental process without further order of the court. (b) Certification of Exigent Circumstances.

If the plaintiff files a written certification that exigent circumstances make review by the court impracticable, the Clerk will issue a warrant of arrest or summons. 53 At any post-arrest proceedings under Supplemental Rule (E)(4)(f) and L.A.R. C(7), plaintiff has the burden of showing that probable cause existed for the issuance of process and that exigent circumstances existed which precluded judicial review in accordance with L.A.R. C(2)(a). (c) Preparation and Issuance of the Warrant for Arrest or Summons. Plaintiff must prepare the warrant for arrest or summons and deliver them to the clerk for filing and issuance.

The warrant for arrest must substantially conform to Admiralty Form 4 on the courts’ Websites and must give adequate notice of the post-arrest provisions of L.A.R. C(7) to all parties including, but not limited to, any person or entity known to plaintiff to have a claim or interest in the vessel or property seized. (3) Special Requirements for Actions Involving Freight, Proceeds, or Intangible Property (a) Instructions to Be Contained in the Summons. Unless otherwise ordered by the court, the summons must order the person having control of the freight, proceeds, or intangible property to either: (i) (ii) File a claim within 14 days after service of the summons in accordance with L.A.R. C(6)(a); or Deliver or pay over to the United States Marshal the freight, proceeds, or intangible property, in the form that the property is typically represented, or a part of the property which is sufficient to satisfy plaintiff’s claim. The summons must also inform the person having control of the freight, proceeds, or intangible property that service of the summons has the effect of arresting the property and prohibiting the release, disposal, or other distribution of the property without prior order of the court.

(b) Requirements for Claims to Prevent the Delivery of Freight, Proceeds, or Intangible Property to the United States Marshal. Any claim filed in accordance with Supplemental Rule (E)(4) and L.A.R. C(6)(a) must describe the nature of claimant’s interest in the property and articulate reasons why the seizure should be vacated. The claim, accompanied by a certificate of service, must be served upon the plaintiff, the United States Marshal, and all other parties to the litigation. 54 (c) Delivery or Payment of the Freight, Proceeds, or Intangible Property to the United States Marshal.

Unless a claim is filed in accordance with Supplemental Rule (E)(4)(f) and L.A.R. C(6)(a), any person served with a summons issued under L.A.R. C(2)(a) or (b) must, within 14 days after execution of service, deliver or pay over to the United States Marshal all, or part of, the freight, proceeds, or intangible property sufficient to satisfy plaintiff’s claim. Between the time that the summons is served and the property delivered or the court rules on a motion to prevent the delivery of the property, the person served with the summons may not remove the property from the district or otherwise transfer or dispose of it. Unless otherwise ordered by the court, the person tendering control of the freight, proceeds, or intangible property will be excused from any further duty with respect to the property in question. (4) Publishing Notice of the Arrest as Required by Supplemental Rule (C)(4) (a) (b) Time for Publication.

If the property is not released within 14 days after the execution of process, the notice required by Supplemental Rule (C)(4) must be published by the plaintiff in accordance with L.A.R. A(9) and must begin no later than 21 days after execution of process. The notice must substantially conform to Admiralty Form 5 on the courts’ Websites. See also Admiralty Forms 6, 7 and 8. Proof of Publication.

Not later than 14 days after the last day of publication plaintiff must file a copy of the actual notice and proof of publication in the form of a sworn statement by or on behalf of the publisher or editor indicating the dates of publication. (5) Undertaking in Lieu of Arrest. If, before or after the commencement of an action, a party accepts any written undertaking to respond on behalf of the vessel or other property in consideration of plaintiff’s refraining from seeking arrest of the vessel or other property, the undertaking will only respond to orders or judgments in favor of the party accepting the undertaking and any parties expressly named in it, and only to the extent of the benefit conferred in the undertaking. See Admiralty Form No. 9 on the courts’ Websites.

(6) Time for Filing Claim or Answer. Unless otherwise ordered by the court, any claimant of property subject to an action in rem must: (a) File the claim within 14 days after process has been executed. See Admiralty Form Nos. 10 and 11 on the courts’ Websites; and (b) Serve an answer within 21 days after filing the claim. (7) Post-arrest Proceedings.

Upon filing a claim, the claimant may also file a motion and proposed order directing plaintiff to show cause why the arrest should not be vacated, and if after a hearing on the motion the court vacates the arrest because 55 the plaintiff did not have a reasonable basis to seize the claimant’s property, the court may award attorneys’ fees, costs, and other expenses incurred by any party as a result of the arrest. Additionally, if the seizure was predicated upon a claim of “exigent circumstances” under L.A.R. C(2)(b), and the court finds that exigent circumstances did not exist, the court may award attorneys’ fees, costs, and other expenses incurred by any party as a result of the seizure. (8) Procedural Requirements for Entry of Default. In accordance with FED. R. CIV. P. 55(a), a party seeking the entry of default judgment in rem must first move for entry of default and then file its motion and supporting legal memorandum.

The party seeking the entry of default must also file proof sufficient to demonstrate that due notice of the action and arrest have been given by: (a) Service upon the master or upon the person having custody of the property; (b) Delivery, personally or by certified mail, return receipt requested (or international effective equivalent), to every other person, entity, including any known owner, who has not appeared or intervened in the action, and who is known to have, or claims to have, a possessory interest in the property. The party seeking entry of default judgment under L.A.R. C(8) may be excused for failing to give notice to such “other person” upon a satisfactory showing that diligent effort was made to give notice without success; and (c) Publication as required by Supplemental Rule (C)(4) and L.A.R. C(4). The clerk may, where appropriate, enter default in accordance with FED. R. CIV. P. 55(a). The clerk will serve notice of the entry of default upon all parties represented in the action.

(9) Procedural Requirements for Entry of Default Judgment. Not later than 30 days after notice of the entry of default, the moving party must file a motion, and supporting legal documents, for the entry of default judgment under FED. R. CIV. P. 55(b). The moving party may also file as exhibits to the motion such other documentation as may be required to support the entry of default judgment. (a) When No Person Has Filed a Claim or Answer.

Unless otherwise ordered by the court, the motion for default judgment will be considered by the court without oral argument. (b) When Any Person Has Filed an Appearance, but No Claim or Answer, or Has Filed a Claim or Intervention but Has Not Answered. If any person has filed an appearance, claim or intervention in accordance with L.A.R. C(6), but does not join in the motion for entry of default judgment, the party seeking the entry of default judgment must serve notice of the motion upon 56 the party not joining in the motion, and any opposing party will have seven days from receipt of the notice to file written opposition with the court. A default judgment establishes a right on the part of the party or parties in whose favor it is entered and will be considered prior to any claims of the owner of the defendant property against which it is entered, as to the remnants and surpluses thereof, but does not establish the priority over, or ranking among, non-possessory lien claimants.

Ranking in priority may subsequently be established on the motion of any party. Rule D. POSSESSORY, PETITORY AND PARTITION ACTIONS In possessory actions filed under Supplemental Rule (D), process should issue as provided by L.A.R. A(8), B(3)(c), and C(2)(c). Notice requirements must follow L.A.R. A(9), B(4) and C(4). Likewise, a plaintiff may demonstrate exigent circumstances under L.A.R. B(3)(b) by an affidavit setting out that the vessel or other property is in danger of being lost, taken from the jurisdiction of the court, or that other good cause exists for granting expedited proceedings.

A plaintiff who obtains a summons on the basis of exigent circumstances will also be subject to the provisions of L.A.R. C(2)(b) and C(7). Rule E. ACTIONS IN REM AND QUASI IN REM; GENERAL PROVISIONS (1) (2) (3) Statement of Damages and Expenses Required. Every complaint filed in a Supplemental Rule (B) and (C) action must state the known amount of the debt, damages, or salvage for which the action is brought, or in the case of a Rule (D) action, the precise nature of the plaintiff’s interest and the percentage of the interest claimed. In addition, the complaint should also specify the amount of any unliquidated claims, including attorneys’ fees and expenses, as well as the legal basis upon which the plaintiff seeks the unliquidated damages, including the right to recover attorneys’ fees and expenses.

Advance Arrangements for Substitute Custodian. Plaintiffs are admonished to make every reasonable advance effort to secure a substitute custodian and to coordinate issues concerning the appointment of a substitute custodian with the United States Marshal, and to arrange for advance compliance with L.A.R. A(5), whenever practical, before filing any complaint which seeks the issuance of warrant for arrest or execution by the United States Marshal. Requirements and Procedures for Effecting Intervention. Whenever a vessel or other property is arrested or attached under a Supplemental Rule, and the vessel or property is in the custody of the United States Marshal or duly authorized substitute custodian, any person with a claim against the vessel or property must present the claim as provided in this rule: 57 (a) Intervention of Right When No Sale of the Vessel or Property is Pending, and Where Security Has Not Been Posted but the Vessel is Released.

Except as limited by L.A.R. E(3)(b), any person with a claim against a vessel or property which has been arrested or attached may, as a matter of right, file an intervening complaint at any time before entry of an order scheduling the vessel or property for sale. The intervening party must also prepare and submit to the clerk a supplemental warrant for arrest or a supplemental process of attachment and garnishment. The clerk will file the intervening complaint and issue the supplemental process. The intervening party must deliver a copy of the intervening complaint and the original of the supplemental process to the United States Marshal, who will re-arrest or re-attach the vessel or property in the name of the intervening plaintiff.

If the United States Marshal has on deposit sufficient funds to maintain the previous seizure, the intervening plaintiff need not post additional funds. However, any party may subsequently move to pro-rate the costs of maintaining the seizure among all of the intervening plaintiffs, as provided in Subsection 5 of this rule. (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 has an automatic right to intervene in an action once the court has ordered the sale of the vessel or property, and the sale is scheduled to occur within fifteen (15) days from the date the party moves for permission to intervene under this subsection.

In such cases, the person seeking permission to intervene must: (i) (ii) (iii) (iv) (v) File a motion to intervene and indicate in the caption of the motion a request for expedited hearing when appropriate; Include a copy of the proposed intervening complaint as an exhibit to the motion to intervene; Submit a supplemental warrant for arrest or a supplemental process of attachment and garnishment; Serve copies of the motion to intervene, with exhibits and proposed supplemental process, upon every other party to the litigation; Indicate in the motion to intervene whether the intervening party is seeking to delay the sale of the vessel and, if so, the justification for doing so; and (vi) File a certificate of service indicating the date and manner of service of the motion and accompanying documents. The court may permit intervention under terms which it deems equitable to the interests of all parties. If the court permits 58 intervention, it will direct the clerk to issue the supplemental process. The clerk will enter the order, file the original intervening complaint, and issue the supplemental process with a copy of the intervening complaint.

The intervening party must deliver a copy of the intervening complaint and the original of the supplemental process to the United States Marshal, who will re-arrest or re-attach the vessel or property in the name of the intervening plaintiff. Counsel for the intervening party must also serve a copy of the intervening complaint, exhibits, and supplemental process upon every other party of record and file a Certificate of Service indicating the manner and date of service. (4) Special Requirements for Salvage Actions. In cases of salvage, the complaint must 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 whether the suit is instituted on their behalf and on behalf of all other persons associated with them.

Plaintiff must also attach as exhibits to the complaint a list of all known salvors and persons believed entitled to share in the salvage, including any crewmembers who are not parties to the complaint, and a copy of any salvage agreement or other contract previously entered into by the plaintiff in connection with the actions that are being shown as the basis for entitlement to a salvage award. (5) Deposit of United States Marshal’s Fees and Expenses Required Before Effecting Arrest, Attachment, or Garnishment (a) (b) Deposit Required Before Seizure. Any party seeking the arrest of a vessel or attachment of property under Supplemental Rule (E) must deposit a sum with the United States Marshal sufficient to cover the United States Marshal’s or substituted custodian’s estimated fees and expenses of arresting and keeping the property for at least ten days. The United States Marshal is not required to execute process until the deposit is made.

Proration of United States Marshal’s or Substitute Custodian’s Fees and Expenses upon Intervention. When one or more parties intervene under L.A.R. E(3)(a) or (b), the burden of advancing sums to the United States Marshal or substituted custodian sufficient to cover the United States Marshal’s or substituted custodian’s fees and expenses will be allocated equitably between the original plaintiff and the intervening party or parties as indicated below: (i) Stipulation for the Allocation and Payment of the United States Marshal’s or Substituted Custodian’s Fees and Expenses. 59 Immediately upon the filing of an intervening complaint, counsel for the intervening plaintiff must arrange for a conference between all other parties to the action, at which time the parties must make a good faith effort to allocate fees and expenses among the parties. Any resulting stipulation must be filed with the court and a copy served upon the United States Marshal.

(ii) Allocation of Costs and Expenses in the Event that Parties Cannot Stipulate. The court expects counsel to resolve the allocation of costs and expenses in accordance with the preceding paragraph, but if an arrangement cannot be made, the parties will share in the fees and expenses of the United States Marshal or substitute custodian in proportion to their claims as stated in the original and intervening complaints. To determine each party’s proportionate share, counsel for the last intervening plaintiff must determine the total amount claimed by each party from the original or amended complaint and all other intervening complaints filed in accordance with L.A.R. E(3)(a) or (b), then deliver to the United States 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 ⅒ of 1%. The United States Marshal will then determine the total expenses incurred to date and estimate the expenses to be incurred during the next 14 days.

For the purpose of making this calculation, the total fees and expenses must be calculated from the date when continuous and uninterrupted arrest or attachment of the property began and not from the date a particular party’s intervening complaint was filed. The United States Marshal will then apply the percentage determined in the listing compute the amount of each intervening party's initial deposit requirements. The United States Marshal will use this percentage to compute any additional deposit requirements which may be necessary under L.A.R. E(5)(c). After the United States Marshal determines of each party’s percentage share of the deposit requirements, the intervening party must either post his deposit with the United States Marshal or substitute custodian or move to set aside that requirement.

If the intervenor fails to comply with this requirement within two days, the intervenor’s attachment will be vacated. (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 United States Marshal may require from any party who has caused the arrest or attachment and garnishment to post 60 additional deposits which the United States Marshal determines necessary to cover any additional estimated fees or expenses. (d) Judicial Relief from Deposit Requirements.

Any party who contends that the deposit requirements of this rule impose a burden disproportionate to the aggrieved party's potential recovery in light of the relative priorities of the claims asserted against the vessel or other property may apply to the court for relief. Although the judicial officer may adjust the deposit requirements upon motion, the proportion required of an aggrieved party may not be reduced to a percentage less than that imposed upon the claimant whose claim is the smallest among that of claims which the movant stipulates have priority over its claim or, in the absence of a stipulation, the greatest percentage imposed upon any claimant participating in the deposit requirements. (e) Failure to Comply with Additional Deposit Requirements. Any party who fails to make the additional deposit requested by the United States Marshal may not participate further in the proceeding, except to seek relief from this rule.

The United States Marshal will notify the court in writing whenever any party fails to make additional deposits as required by L.A.R. E(5)(c). If a party questions its obligations to advance monies required by this rule, the United States Marshal may apply to the court for instructions concerning that party’s obligation. (6) Property in Possession of a United States Officer. Whenever the property to be arrested or attached is in custody of a United States officer, the United States Marshal must serve the appropriate process either upon the officer or employee or, if the officer or employee is not found within the district, then, the custodian of the property within the district.

The United States Marshal must direct the officer, employee, or custodian not to relinquish custody of the property until further order of the court. (7) Process Held in Abeyance (a) When Permitted. If a plaintiff asks the clerk to hold issuance of process in abeyance under Supplemental Rule (E)(4)(b), the clerk will docket the request and will 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 by 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, the plaintiff who originally requested process be held in abeyance in the first action should voluntarily dismiss, without 61 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 under L.A.R. E(3)(a) or (b). Motions to consolidate in rem actions against the same vessel or property will be granted only in exceptional circumstances to prevent undue hardship or manifest injustice. (8) Release of Property Under Supplemental Rule (E)(6) (a) Release by Consent or Stipulation.

Release under Supplemental Rule (E)(6) must be secured by cash, cashier’s check, or money order, a surety bond issued by an underwriter licensed to issue such bonds in the State of Mississippi, or a Letter of Undertaking submitted on behalf of the parties’ underwriter which is approved by order of the court. The authorizing instrument must be signed by the party on whose behalf the property is detained or the party’s attorney and the attorney-in-fact for a licensed surety. See Admiralty Form Nos. 9, 12, 13 and 14 forth on the courts’ Websites. The party seeking release must also submit a proposed order substantially conforming to Admiralty Form No. 16 on the courts’ Websites.

Unless otherwise agreed by all parties and approved by court order, the stipulation, bond, or other security must be posted in an amount equal to, or greater than, the amount required for the following types of action: (i) Actions Entirely for a Sum Certain. Actions for a sum certain may be secured by cash, a cashier’s check, or money order in the amount claimed in the complaint, with interest at 6% per annum from the date claimed to be due to a date 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 must be conditioned to abide by all orders of the court, and to pay the amount of any final judgment, with interest. (ii) Actions Other Than Possessory, Petitory or Partition.

Unless otherwise ordered by the court, these actions must be secured by the amount of the appraised or agreed value of the property seized, with interest. If the parties cannot agree upon an appraised value, the court will order an appraisal. The stipulation or bond must be conditioned to abide by all orders of the court, and to pay the amount of any final judgment, with interest. 62 The person who consents or stipulates to the release must also file a claim in accordance with L.A.R. E(3)(a) or (b).

(iii) Possessory, Petitory or Partition Actions. The United States Marshal may release property in these actions only upon court order and upon the subsequent deposit of security and compliance with the terms or conditions that the court deems appropriate. (b) Upon the Dismissal or Discontinuance of an Action. If the complaint is dismissed or discontinued by court order, a plaintiff must coordinate with the United States Marshal to ensure that all costs and charges of the court and its officers have first been paid.

(c) Release After the Posting of a General Bond (i) (ii) (iii) Requirements of a General Bond. General Bonds under Supplemental Rule (E)(6)(b) must identify the vessel by name, nationality, dimensions, official number or registration number, hailing port and port of documentation. Responsibility for Maintaining a Current Listing of General Bonds. The clerk will maintain a current listing of all general bonds in alphabetical order by name of the vessel.

The listing will be available for inspection during normal business hours. Execution of Process. Although the subsequent arrest of a vessel for which a general bond already has been posted will be stayed under Supplemental Rule (E)(5)(b), the United States Marshal must still 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 United States Marshal should make the return accordingly.

Plaintiff must promptly 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 amount claimed; (3) the plaintiff and name and address of plaintiff’s attorney; and (4) the return date for the filing of a claim of owner. (9) Application to Modify Security for Value and Interest. At any time, any party who claims an interest in the subject matter of the action may file an application to increase or decrease the security, and any order granting the application may be enforced by attachment or as otherwise provided by law. Supplemental Rule (F)(7) establishes the procedure to increase the security.

(10) Custody and Safekeeping 63 (a) (b) (c) Initial Responsibility. The United States Marshal will initially take custody of any vessel, cargo or other property arrested or attached in accordance with these rules. Thereafter, and until a substitute custodian is authorized in accordance with L.A.R. E(10)(c), the United States Marshal is responsible for providing adequate and necessary security for the safekeeping of the vessel or property. In the discretion of the United States Marshal, adequate and necessary security may include the placing of keepers on or near the vessel or the appointment of a facility or person to serve as a custodian of the vessel or property.

Absent exceptional circumstances, the plaintiff should have a substitute custodian appointed by the court at the time of filing the complaint as set forth in L.A.R. E(2). Limitations on the Handling, Repairing, and Subsequent Movement of Vessels or Property. After the arrest or attachment of a vessel or property on a vessel, and except as provided in L.A.R. E(10)(a), no person may handle cargo, conduct repairs, or move a vessel without prior order of court. The custodian or substitute custodian must, however, comply with any orders issued by the Captain of the Port, United States Coast Guard, including an order to move the vessel, and must comply with any applicable federal, state, or local laws or regulations pertaining to vessel and port safety, but must not remove the vessel from the District and must report the vessel’s movement to the court within 24 hours of the movement.

Procedures for Changing Custody Arrangements. Any party may apply to the court to dispense with keepers, remove or place the vessel, or other property seized on or about the vessel at a specified facility, designate a substitute custodian for the property, or for other similar relief. The application must substantially conform to Admiralty Form No. 17 on the courts’ Websites. (i) (ii) Notification of the United States Marshal Required.

When an application for change in custody arrangements is filed, either before or after the United States Marshal has taken custody of the vessel or property, the filing party must serve notice of the application on the United States Marshal in sufficient time to permit the United States Marshal to review the indemnification and insurance arrangements proposed by the applicant and substitute custodian. The application must also be served upon all other parties to the litigation. Indemnification Requirements. An application for the appointment of a substitute custodian or facility must include as an exhibit to the motion, a consent and indemnification agreement signed by both the applicant or the applicant’s attorney and the proposed substitute custodian.

The application must substantially conform to Admiralty Form No. 17 on the courts’ Websites. 64 The consent and indemnification agreement must expressly release the United States 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 must expressly hold the United States Marshal harmless from all claims arising from the substitute custodianship. See Admiralty Form No. 18 on the courts’ Websites. (iii) Court Approval Required.

The application to change custody arrangements and indemnification and consent agreement must be submitted to a judicial officer who will determine whether the facility or substitute custodian is capable of safely keeping the seized property. The proposed order granting the application should substantially conform to Admiralty Form No. 19 on the courts’ Websites. (d) Insurance Requirements. At the time of the arrest or attachment of a vessel or property, the United States Marshal will obtain insurance to protect itself and its custodians from liability arising from the arrest, attachment, or custody.

The cost of the insurance will be paid by the plaintiff from the funds posted with the Marshal before the seizure, until otherwise taxed as cost. The insurance may be discontinued upon court approval of a consent custodian under L.A.R. A(5). (11) Preservation, Humanitarian, and Repatriation Expenses (a) (b) (c) Limitations on Reimbursement for Services or Supplies Provided to a Vessel or Property in Custody. Except in cases of emergency or undue hardship, no person may claim as an expense of administration the costs of services or supplies furnished to a vessel, seized property unless the services or supplies have been furnished to the United States Marshal or substitute custodian upon order of this court or of the United States Marshal.

Any order issued under this subsection should require the person furnishing the services or supplies to file a weekly invoice. Preservation Expenses for the Vessel or Property Under Seizure. The United States Marshal or substitute custodian is authorized to incur expenses reasonably deemed necessary to prevent loss or undue deterioration of the vessel, or other property while in custody. Expenses for Care and Maintenance of a Crew.

Except in an emergency or upon the authorization of a judicial officer, neither the United States Marshal nor substitute custodian may incur expenses for feeding or otherwise maintaining the crew. 65 Emergency applications for providing food, water, and necessary medical services for the maintenance of the crew may be submitted and decided ex parte. Thereafter, any party may bring a motion to challenge or modify the court’s order, and, unless otherwise provided, the expenses will be taxed as a cost of administration and not as an expense of custody. Repatriation Expenses.

Absent an order of court expressly ordering the repatriation of the crew or passengers and directing that the expenses be taxed as a cost of administration, no person will be entitled to claim these expenses as expenses of administration. Claim by a Supplier for Payment of Charges. Any person who claims payment for furnishing services or supplies in compliance with L.A.R. E(11) must submit an invoice to the United States Marshal’s office for review and approval before the vessel is released. (d) (e) The United States Marshal will review the claim, make adjustments or recommendations to the claim as are appropriate, and 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 United States Marshal or an authorized substitute custodian is 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 is not limited to laden cargo not itself the subject of the arrest or attachment.

The United States Marshal or substitute custodian must 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 must, as a precondition of receiving possession, reimburse the United States Marshal or substitute custodian for such separately accounted expenses, reserving a right to seek payment of said expenses from any other party. (b) Separation, Storage, and United States Preservation of Property in Incidental Custody. Any party, the United States Marshal, or substitute custodian may petition the court to permit the separation and storage of property in incidental custody from the property actually arrested or attached.

66 If the court orders separation of the incidentally seized property to protect it from undue deterioration, to provide for safer storage, to meet an emergency, to reduce the expenses of custody, or to facilitate a sale of the vessel or other property under L.A.R. E(17), the costs of that separation will 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 will be disposed of in accordance with the laws governing the disposition of property abandoned to the United States of America. Except when prohibited by federal statute, the resulting net proceeds associated with the disposition of abandoned property will be applied to offset the expense of administration with the remainder escheating to the United States of America as provided by law.

(13) Dismissal (a) By Consent. An action may not be dismissed under FED. R. CIV. P. 41(a) unless all costs and expenses of the court and its officials have been paid. In the case of multiple plaintiffs or an intervening plaintiff(s), the plaintiff or intervening plaintiff may not dismiss its claims unless it has paid its proportionate share of costs and expenses in accordance with L.A.R. E(8). (b) Involuntary Dismissal.

An order of dismissal under FED. R. CIV. P. 41(b) should also designate the costs and expenses to be paid by the party or parties so dismissed. (14) Judgments (a) (b) Expenses of Sureties as Costs. If costs are awarded to any party, then all reasonable insurance premiums or expenses previously paid by the prevailing party on bonds, stipulations, or other security may be taxed as costs in the case. 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, or cargo may be taxed as costs in the case. (15) Stay of Final Order (a) Automatic Stay for 14 Days. In accordance with FED. R. CIV. P. 62(a), a party may not execute upon a judgment, and seized property may not be released, until 14 days after the entry of the judgment or order of dismissal. 67 (b) Stays Beyond the 14-Day Period.

If within the 14-day period established by FED. R. CIV. P. 62(a) a party files either a motion contemplated in FED. R. CIV. P. 62(b) or a notice of appeal, then unless otherwise ordered by the court, the stay will be extended for a period not to exceed 30 days from the date of the filing of the motion or notice of appeal to permit the court to consider an application for the establishment of a supersedeas bond and when this bond must be filed with the court. (16) Notice of Sale (a) (b) Publication of Notice. In an action in rem or quasi in rem, and except in suits filed on behalf of the United States of America where notice is prescribed by statute, the United States Marshal must publish notice in any of the newspapers approved under L.A.R. A(9). Duration of Publication.

Unless otherwise ordered by the court, applicable Supplemental Rule, or Local Admiralty Rule, publication of the notice of sale must be made at least twice; the first publication must be at least one (1) calendar week before the date of the sale, and the second at least three calendar days before 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 must pay the United States Marshal the purchase price in the manner provided below: (i) (ii) If the Bid is Not More Than $500.00. The successful bidder must immediately pay the full purchase price.

If the Bid is More than $500.00. The bidder must immediately deposit with the United States Marshal $500.00, or 10% of the bid, whichever sum is greater, and must pay the remaining purchase price within three days. If an objection to the sale is filed within the time permitted by L.A.R. E(17)(g), the successful bidder need not pay the remaining purchase price until three days after the court confirms the sale. (b) Method of Payment.

Unless otherwise ordered by the court, payments to the United States Marshal must 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 L.A.R. E(17)(a)(2) or within the time permitted by court order, the United States Marshal will charge the successful bidder for the cost of keeping the property from the 68 date payment of the balance was due to the date the bidder takes delivery of the property. The United States Marshal may refuse to release the property until these additional charges have been paid.

(d) Default for Failure to Pay the Balance. A person who fails to pay the balance of the bid within the time allowed will be deemed to be in default, and a judicial officer may then either 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 will be forfeited and applied by the United States Marshal to any additional costs incurred because of the forfeiture and default, including costs incident to resale. The balance of the deposit, if any, will be retained in the registry and subject to further order of the court.

United States Marshal’s Report of Sale. At the conclusion of the sale, the United States Marshal must 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. Confirmation of Sale. Unless an objection is timely filed in accordance with this rule, or the bidder is in default for failing to pay the balance of the purchase price, plaintiff must have the sale confirmed on the day following the last day for filing objections.

(e) (f) To confirm the sale, plaintiff’s counsel must file a “Request for Confirmation of Sale” on the day following the last day for filing an objection. The “Request for Confirmation of Sale” must substantially conform to Admiralty Form No. 20 on the courts’ Websites. Plaintiff’s counsel must also prepare and offer for filing a “Confirmation of the Sale.” The “Confirmation of the Sale” must substantially conform to Admiralty Form No. 21 on the courts’ Websites. The clerk will file and docket the confirmation and promptly transmit a certified copy of the “Confirmation of Sale” to the United States Marshal’s office.

Unless otherwise ordered by the court, if the plaintiff fails timely to file the “Request for Confirmation of Sale” and proposed “Confirmation of Sale,” the United States Marshal will assess any continuing costs or expenses for custody of the vessel or property against the plaintiff. (g) Objections to Confirmation (i) Time for Filing Objections. Unless otherwise permitted by the court, an objection must be filed within 7 days following the sale. The person who objects must serve a copy of the objection upon the United States Marshal and all other parties to the action, along with a Certificate of Service indicating the date and manner of service.

69 Opposition to the objection must be filed within 7 days after receipt of the objection to the sale. The court will consider the objection and any opposition to the objection and confirm the sale, order a new sale, or grant other relief as appropriate. (ii) Deposition of Preservation or Maintenance Costs. Any person who objects to the sale must also deposit with the United States Marshal the cost of keeping the property for at least seven days.

Proof of the deposit with the United States Marshal’s office must be delivered to the clerk’s office for filing. 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 United States 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 court order. (h) Confirmation of Title. Any claim of failure of a party to give the required notice of an action to arrest of a vessel, or other property or, or failure to give required notice of a sale may afford grounds for objecting to the sale but does not affect the title of a good faith purchaser. (18) Post-sale Claim.

Except for seamen’s wages, unless otherwise ordered by the court, any claims filed after the date of the sale will be limited to the remnants and surplus, if any, arising from the sale, will not be admitted on behalf of lienors who file their claims after the sale. Rule F. ACTIONS TO LIMIT LIABILITY (1) Security. Upon filing a complaint, the plaintiff must deposit with the court a sum equal to the amount or value of the plaintiff’s interest in the vessel and pending freight, if any (see Admiralty Form No. 22 on the courts’ Websites), or approved security for that amount such as a Letter of Undertaking or an Ad Interim Stipulation for Value which substantially conforms to Admiralty Form No. 23 on the courts’ Websites. (2) Submission of Proposed Order and Enjoining of Suits.

After the plaintiff complies with Supplemental Rule (F)(1), plaintiff may move for an injunction against further prosecution of all claims against the plaintiff or the plaintiff’s 70 property. The plaintiff must submit with the motion a proposed order that substantially conforms to Admiralty Form No. 24 on the courts’ Websites. (3) Publication of the Notice. After entry of an Order Approving Ad Interim Stipulation for and Enjoining Suits, plaintiff must ask the clerk to issue the notice contemplated by Supplemental Rule (F)(4), to be published as required by that Rule.

Plaintiff must use diligence to make publication in a manner reasonably calculated to give notice to all known or reasonably anticipated claimants. (See Admiralty Form No. 25 on the courts’ Websites.) (4) Proof of Publication. Plaintiff may make proof of publication by filing a sworn statement by or on behalf of the publisher or editor indicating the dates of publication, along with a copy of the actual publication. Rule G. FORFEITURE ACTIONS IN REM (1) (2) Scope.

This rule applies to all civil forfeiture in rem actions arising from a federal statute. To the extent that this rule does not address an issue, L.A.R. C and E apply. If neither this rule nor L.A.R. C or E address an issue, then Supplemental Rule (G) applies. Verification of the Complaint.

A complaint filed in any civil forfeiture action in rem action arising from a federal statute must be verified by affirmation of a person having knowledge, firsthand or otherwise, of the facts alleged in the complaint. (3) Forfeiture of Real Property (a) (b) (c) If the defendant in an in rem civil forfeiture action is real property, the government must proceed in accordance with 18 U.S.C. § 985. After a complaint is filed, and on the request of the government, a judicial officer will issue a writ of entry to allow inspection and inventory of the property. If the court issues a seizure warrant for real property before the entry of an order of forfeiture under 18 U.S.C. § 985(d)(1)(B)(ii), it will conduct a prompt post-seizure hearing during which the property owner may contest the basis for the seizure.

(4) Forfeiture of Other Property; Arrest Warrant In Rem (a) If property other than real property is already in the possession, custody, or control of the government when the complaint for forfeiture is filed, the clerk of the court will issue a warrant to arrest the property. 71 (b) If property other than real property is not already in the possession, custody, or control of the government, upon a finding of probable cause, the Court must issue a warrant to arrest the property. (c) A warrant is not necessary if the property is already subject to a judicial restraining order. (5) Notice (a) (b) (c) Generally.

The plaintiff must provide notice of any civil forfeiture action in rem in accordance with Supplemental Rule (G)(4). The government may publish notice on an official government forfeiture website for at least 30 consecutive days. Known Potential Claimants. The government must send notice of the action and a copy of the complaint to any person who reasonably appears to be a potential claimant.

Property Valued at Less than $1,000.00. Publication is not required as long as direct notice is sent to all known potential claimants under Supplemental Rule (G)(4)(b). (6) Responsive Pleadings (a) (b) Strict Compliance Required. All claims and answers must be filed within the filing deadlines established by Supplemental Rule (G)(5), unless the court, for good cause, grants an extension of time to file a claim or answer before the expiration of those deadlines.

Excuse. Failure to file a timely claim or answer will not prevent a claimant from petitioning the court to excuse the failure to strictly comply with Supplemental Rule (G)(5). (c) Claim Form. A claim form should substantially conform to Admiralty Form 27 on the courts’ Websites.

(7) Special Interrogatories. The number of Special Interrogatories propounded under Supplemental Rule (G)(6) will not count toward the limits imposed on interrogatories under FED. R. CIV. P. 33 or L.U. CIV. R. 26. (8) Default; Default Judgment (a) Entry of Default. The government may, under FED. R. CIV. P. 55(a), seek the entry of a default against any person or entity that has failed to plead or otherwise defend against any civil forfeiture action in rem commenced by the government.

Any request for entry of a default must be accompanied by proof of publication of notice and proof of all direct notices sent to known potential claimants. 72 (b) Default Judgment; Complete or Partial. Not later than 30 days after entry of default, the government must file a motion for entry of a default judgment. The government may request entry of either a complete default judgment or a default judgment against all persons or entities that have failed to file a timely claim and answer within the time stated in any direct or published notice.

(9) Taxation of Costs. Costs awarded to a claimant are limited to those costs authorized by 28 U.S.C. § 2465. 73 OFFICIAL FORMS Form 1 CASE MANAGEMENT ORDER Form 2(a) NOTICE OF RECEIPT OF ORIGINAL DEPOSITION Form 2(b) NOTICE OF SERVICE OF INTERROGATORIES OR REQUESTS FOR PRODUCTION OF DOCUMENTS OR RESPONSES THERETO Form 2(c) NOTICE OF SERVICE OF PRE-DISCOVERY DISCLOSURE INFORMATION Form 2(d) NOTICE OF ENDORSEMENT Form 2(e) CERTIFICATE OF SERVICE Form 2(f) NOTICE OF CONVENTIONAL FILING Form 3 PRETRIAL ORDER Form 4 GOOD FAITH CERTIFICATE Form 5 INJUNCTION BOND Form 6 APPLICATION FOR ADMISSION PRO HAC VICE Form 7 REPORT OF MEDIATION Form 8 INJUNCTION BOND ADMIRALTY AND MARITIME RULES NOTE: These forms are available on the Courts’ websites in a format that may be downloaded or completed online. In the Southern District, a separate link to the forms appears on the page where these Local Rules are found, titled “Southern District of Mississippi Forms.” 74 FORM 1 (ND/SD MISS.

JAN.

2018) Form 1 – Case Management Order (See website for downloadable form) UNITED STATES DISTRICT COURT ___________________ DISTRICT OF MISSISSIPPI _______________ DIVISION Enter Plaintiff(s) here: v. CIVIL ACTION NO. Enter Defendant(s) here: PLAINTIFF DEFENDANT CASE MANAGEMENT ORDER This Order, including all deadlines, has been established with the participation of all parties and can be modified only by order of the Court on a showing of good cause supported with affidavits, other evidentiary materials, or reference to portions of the record.

IT IS HEREBY ORDERED: 1.

ESTIMATED DAYS OF TRIAL: ESTIMATED TOTAL NUMBER OF WITNESSES: EXPERT TESTIMONY EXPECTED: Yes/No NO. OF EXPERTS:_________________ Enter explanation (if necessary) here: 75 FORM 1 (ND/SD MISS.

JAN.

2018) 2.

ALTERNATIVE DISPUTE RESOLUTION [ADR].

(Pick one) Alternative dispute resolution techniques appear helpful and will be used in this civil action as follows: At the time this Case Management Order is offered it does not appear that alternative dispute resolution techniques will be used in this civil action. 3.

CONSENT TO TRIAL BY UNITED STATES MAGISTRATE JUDGE.

(Pick one) The parties consent to trial by a United States Magistrate Judge. The parties do not consent to trial by a United States Magistrate Judge. 4.

DISCLOSURE.

(Pick one) The following additional disclosure is needed and is hereby ordered: The pre-discovery disclosure requirements have been complied with fully. 5.

MOTIONS; ISSUE BIFURCATION.

(Pick one) Staged resolution/bifurcation will assist in the prompt resolution of this action. The Court orders that: 76 FORM 1 (ND/SD MISS.

JAN.

2018) Staged resolution/bifurcation of the trial issues will not assist in the prompt resolution of this action. (Pick one) (Early filing of the following motion(s) might significantly affect the scope of discovery or otherwise expedite the resolution of this action: (Statement not applicable) 6.

DISCOVERY PROVISIONS AND LIMITATIONS.

A. B. C. D.

Interrogatories are limited to succinct questions. Requests for Production are limited to succinct questions. Requests for Admissions are limited to succinct questions. Depositions are limited to the parties, experts, and no more than witness depositions per party without additional approval of the Court. fact E. The parties have complied with the requirements of Local Rule 26(f)(2)(B) regarding discovery of electronically stored information and have concluded as follows: F. The court imposes the following further discovery provisions or limitations: 1.

The parties have agreed that defendant may obtain a FED. R. CIV. P. 35 (L.U. CIV. R. 35) medical examination of the plaintiff (within subpoena range of the court) by a physician who has not examined the plaintiff, and that defendant may arrange the examination without further order of the court. The examination must be completed in time to comply with expert designation discovery deadlines. 2. Pursuant to FED.R.EVID. 502(d), the attorney-client privilege and the work-product 77 FORM 1 (ND/SD MISS.

JAN.

2018) protections are not waived by any disclosure connected within this litigation pending before this Court. Further, the disclosures are not waived in any other federal or state proceeding. 3. Plaintiff must execute an appropriate, HIPAA-compliant medical authorization.

4. The court desires to avoid the necessity of filing written discovery motions where court participation in an informal discussion of the issue might resolve it, even after the parties have been unsuccessful in a good faith attempt to do so. Consequently, before a party may serve any discovery motion, counsel must first in good faith as required by FED. R. CIV. P. 37(a)(1). If the attorney conference does not resolve the dispute, counsel must contact the chambers of the magistrate judge to request a telephonic conference to discuss the issue as contemplated by FED. R. CIV. P. 16(b)(3)(B) (v).

Only if the telephonic conference with the judge is unsuccessful in resolving the issue may a party file a discovery motion. 5. Other: Additional information: 7.

SCHEDULING DEADLINES A.

Trial. This action is set for Jury Trial / Non Jury Trial during a (term of court / statement not applicable) beginning on: , in , at 9:00 , , a.m. Mississippi, before United States (District/Magistrate) Judge .

ESTIMATED NUMBER OF DAYS FOR TRIAL IS __________.

ANY CONFLICTS THE ESTIMATED NUMBER OF DAYS FOR TRIAL IS WITH THIS TRIAL DATE MUST BE SUBMITTED IN WRITING TO THE TRIAL JUDGE IMMEDIATELY UPON RECEIPT OF THIS CASE MANAGEMENT ORDER. THIS TRIAL DATE MUST BE SUBMITTED IN WRITING TO THE TRIAL JUDGE .

ANY CONFLICTS WITH B.

Pretrial. The pretrial conference is set on: , at 9:00 , a.m. , in : , Mississippi, before United States (District/Magistrate) Judge .

78 FORM 1 (ND/SD MISS.

JAN.

2018) C. Discovery. All discovery must be completed by: .

D. Amendments.

Motions for joinder of parties or amendments to the pleadings must be filed by: .

E. Experts.

The parties’ experts must be designated by the following dates: 1. Plaintiff(s): 2. Defendant(s): . . 8.

MOTIONS.

All dispositive motions and Daubert-type motions challenging another party's expert must be filed by: .The deadline for motions in limine is 21 days before the pretrial conference; the deadline for responses is 14 days before the pretrial conference. 9. SETTLEMENT CONFERENCE. (No Setting at this time) A SETTLEMENT CONFERENCE is set on:_____________________, at ________, in __________________, Mississippi, before United States (District / Magistrate ) Judge ___________________. AN ADDITIONAL SETTLEMENT CONFERENCE is set on: _____________________, at ________, in __________________, Mississippi, before United States (District/Magistrate) Judge _____________________. Seven days before the settlement conference, the parties must submit via e-mail to the magistrate judge’s chambers an updated CONFIDENTIAL SETTLEMENT MEMORANDUM.

All parties are required to be present at the conference unless excused by the Court. If a party believes the scheduled settlement conference would not be productive and should be cancelled, the party is directed to inform the Court via e-mail of the grounds for their belief at least 7 days prior to the conference.

79 FORM 1 (ND/SD MISS.

JAN.

2018) 10.

REPORT REGARDING ADR.

On or before (7 days before FPTC) ______________________, the parties must report to the undersigned all ADR efforts they have undertaken to comply with the Local Rules or provide sufficient facts to support a finding of just cause for failure to comply. See L.U. CIV. R.83.7(f)(3). SO ORDERED: _____________________ _____________________________________ DATE United States (District/Magistrate) Judge 80 FORM 2(a) (ND/SD MISS.

DEC.

2011) Form 2a – Notice of Receipt of Original Deposition UNITED STATES DISTRICT COURT _____________ DISTRICT OF MISSISSIPPI v. Plaintiff CIVIL ACTION NO. Defendant NOTICE OF RECEIPT OF ORIGINAL DEPOSITION TO: All Counsel of Record 1. Pursuant to L.U. CIV. R. 5(d)(2), notice is hereby given that I have received, and will retain as the custodian thereof, the original of the following deposition: Deponent: Taken at the instance of: 2. Pursuant to L.U. CIV. R. 5(d)(2), a copy of the cover sheet accompanying this deposition is attached hereto as “Exhibit A.” Date Signature Typed Name & Bar Number Attorney for: 81 FORM 2(b) (ND/SD MISS.

DEC.

2011) Form 2b -- Notice of Service of Interrogatories or Requests for Production of Documents or Responses Thereto UNITED STATES DISTRICT COURT _____________________ DISTRICT OF MISSISSIPPI Plaintiff v. CIVIL ACTION NO. Defendant NOTICE OF SERVICE OF INTERROGATORIES OR REQUESTS FOR PRODUCTION OF DOCUMENTS OR RESPONSES THERETO TO: All Counsel of Record Pursuant to L.U. CIV. R. 5(d)(3), notice is hereby given that on the date entered below I served the following discovery device(s): (✔) Check as appropriate: Interrogatories to: Requests for Production of Documents to: Requests for Admissions to: Responses to Interrogatories of: Responses to Requests for Production of Documents of: 82 FORM 2(b) (ND/SD MISS.

DEC.

2011) Responses to Requests for Admissions of: Pursuant to L.U. CIV. R. 5(d)(3), I acknowledge my responsibilities as the custodian of the original(s) of the documents(s) identified above. Date Signature Typed Name & Bar Number 90 FORM 2(c) (ND/SD MISS.

DEC.

2011) Form 2(c) --Notice of Service of Pre-Discovery Disclosure Information UNITED STATES DISTRICT COURT ___________________ DISTRICT OF MISSISSIPPI Plaintiff v. CIVIL ACTION NO. Defendant NOTICE OF SERVICE OF PRE-DISCOVERY DISCLOSURE INFORMATION TO: All Counsel of Record Notice is hereby given that, on the date entered below, disclosed to , the information required by L.U. CIV. R. 26(a). Date Signature Typed Name & Bar Number Attorney for: 91 FORM 2(d) (ND/SD MISS.

DEC.

2016) Form 2(d) – Notice of Endorsement IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI DIVISION Plaintiff(s), vs. , , Case No. Defendant(s). ) NOTICE OF ENDORSEMENT Pursuant to the ECF Administrative Procedures, I hereby certify that I endorse the inclusion of my signature on the following document [for example: stipulation of dismissal, or joint motion] which was filed electronically on : (Title of document) Attorney for (Plaintiff or Defendant) Address: Date: 92 FORM 2(e) (ND/SD MISS.

DEC.

2016) Form 2(e) -- Certificate of Service Certificate of Service I hereby certify that on (Date) I electronically filed the foregoing with the Clerk of the Court using the ECF system which sent notification of such filing to the following: and I hereby certify that I have mailed by United States Postal Service the document to the following non-ECF participants: . s/ 93 FORM 2(f) (ND/SD MISS.

DEC.

2016) Form 2(f) – Notice of Conventional Filing IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI DIVISION , , Plaintiff(s), vs. Defendant(s). Case No. NOTICE OF CONVENTIONAL FILING A. (Title of document here) is in paper form only and is being electronically filed under seal/or restriction by the Office of the Clerk pursuant to order filed on . This document has been manually served on all parties. OR B. (Title of document here) cannot be filed electronically.

This document has been manually served on all parties. Attorney for (Plaintiff or Defendant) Address: Date: 94 FORM 3 (ND/SD MISS.

DEC.

2011) Form 3 – Pretrial Order UNITED STATES DISTRICT COURT __________________ DISTRICT OF MISSISSIPPI v. CIVIL ACTION NO. Plaintiff Defendant PRETRIAL ORDER 1. Choose [by a ✔ mark] one of the following paragraphs, as is appropriate to the action: If a pretrial conference was held A pretrial conference was held as follows: Date: Time: United States Courthouse at: , Mississippi, before the following judicial officer: . If the pretrial conference was dispensed with by the court pursuant to L.U. CIV. R. 16(f)(2) The final pretrial conference having been dispensed with by the judicial officer, the parties have conferred and agree upon the following terms of this pretrial order: 2. The following counsel appeared: 95 FORM 3 (ND/SD MISS.

DEC.

2011) a. For the Plaintiff: Name Postal and Email Addresses Telephone No. b. For the Defendant: Name Postal and Email Addresses Telephone No. c. For Other Parties: Name Postal and Email Addresses Telephone No. 3. 4. The pleadings are amended to conform to this pretrial order. The following claims (including claims stated in the complaint, counterclaims, crossclaims, third-party claims, etc.) have been filed: 5.

The basis for this court’s jurisdiction is: 6. 7. The following jurisdictional question(s) remain(s) [If none, enter “None”]: The following motions remain pending [If none, enter “None”] [Note: Pending motions not noted here may be deemed moot]: 8. The parties accept the following concise summaries of the ultimate facts as claimed by: 96 FORM 3 (ND/SD MISS.

DEC.

2011) a. Plaintiff: b. Defendant: c. Other: 9. a. The following facts are established by the pleadings, by stipulation, or by admission: b. The contested issues of fact are as follows: c. The contested issues of law are as follows: 10. The following is a list and brief description of all exhibits (except exhibits to be used for impeachment purposes only) to be offered in evidence by the parties. Each exhibit has been marked for identification and examined by counsel. a. To be offered by the Plaintiff: The authenticity and admissibility in evidence of the preceding exhibits are stipulated. If the authenticity or admissibility of any of the preceding exhibits is objected to, the exhibit must be identified below, together with a statement of the specified evidentiary ground(s) for the objection(s): 97 FORM 3 (ND/SD MISS.

DEC.

2011) b. To be offered by the Defendant: The authenticity and admissibility in evidence of the preceding exhibits are stipulated. If the authenticity or admissibility of any of the preceding exhibits is objected to, the exhibit must be identified below, together with a statement of the specified evidentiary ground(s) for the objection(s): 11. The following is a list and brief description of charts, graphs, models, schematic diagrams, and similar objects which will be used in opening statements or closing arguments, but which will not be offered in evidence: Objections, if any, to use of the preceding objects are as follows: If any other objects are to be used by any party, such objects will be submitted to opposing counsel at least three business days before trial. If there is then any objection to use of the objects, the dispute will be submitted to the court at least one business day before trial.

12. The following is a list of witnesses Plaintiff anticipates calling at trial (excluding witnesses to be used solely for rebuttal or impeachment). All listed witnesses must be present to testify when called by a party unless specific arrangements have been made with the trial judge before commencement of trial. The listing of a WILL CALL witness constitutes a professional representation, upon which opposing counsel may rely, that the witness will be present at trial, absent reasonable written notice to counsel to the contrary.

Name Will/ May Call [F]act/ [E]xpert [L]iability/ [D]amages Business Address & Phone Number 98 FORM 3 (ND/SD MISS.

DEC.

2011) Will testify live. Will testify by deposition: State whether the entire deposition, or only portions, will be used. Counsel must confer, no later than 21 days before the commencement of trial, to resolve all controversies concerning all depositions (electronically recorded or otherwise). All controversies not resolved by the parties must be submitted to the trial judge not later than 14 days before trial.

All objections not submitted within that time are waived. 13. The following is a list of witnesses Defendant anticipates calling at trial (excluding witnesses to be used solely for rebuttal or impeachment). All listed witnesses must be present to testify when called by a party unless specific arrangements have been made with the trial judge before commencement of trial.

The listing of a WILL CALL witness constitutes a professional representation, upon which opposing counsel may rely, that the witness will be present at trial, absent reasonable written notice to counsel to the contrary. Name Will/ May Call [F]act/ [E]xpert [L]iability/ [D]amages Business Address & Phone Number 99 FORM 3 (ND/SD MISS.

DEC.

2011) Will testify live. Will testify by deposition: State whether the entire deposition, or only portions, will be used. Counsel must confer, no later than 21 days before the commencement of trial, to resolve all controversies concerning all depositions (electronically recorded or otherwise). All controversies not resolved by the parties must be submitted to the trial judge not later than 14 days before trial.

All objections not submitted within that time are waived. 14. This (✔) is is not a jury case. 15.

Counsel suggests the following additional matters to aid in the disposition of this civil action: 100 FORM 3 (ND/SD MISS.

DEC.

2011) 16. Counsel estimates the length of the trial will be days. 17. As stated in paragraph 1, this pretrial order has been formulated (a) at a pretrial conference before a judicial officer, notice of which was duly served on all parties, and at which the parties attended as stated above, or (b) the final pretrial conference having been dispensed with by the judicial officer, as a result of conferences between the parties.

Reasonable opportunity has been afforded for corrections or additions prior to signing. This order will control the course of the trial, as provided by Rule 16, Federal Rules of Civil Procedure, and it may not be amended except by consent of the parties and the court, or by order of the court to prevent manifest injustice. ORDERED, this the day of , 20 .

UNITED STATES DISTRICT JUDGE

Attorney for Plaintiff Attorney for Defendant Entry of the preceding Pretrial Order is recommended by me on this, the day of , 20 . 101 UNITED STATES MAGISTRATE JUDGE FORM 4 (ND/SD MISS.

DEC.

2016) Form 4 – Good Faith Certificate UNITED STATES DISTRICT COURT DISTRICT OF MISSISSIPPI v. CIVIL ACTION NO. Plaintiff Defendant GOOD FAITH CERTIFICATE All counsel certify that they have conferred in good faith to resolve the issues in question and that it is necessary to file the following motion: Counsel further certify that: ✔ as appropriate: 1. The motion is unopposed by all parties. 2. The motion is unopposed by: 3.

The motion is opposed by: 102 FORM 4 (ND/SD MISS.

DEC.

2016) 4. The parties agree that replies and rebuttals to the motion will be submitted to the magistrate judge in accordance with the time limitations stated in L.U. CIV. R. 7(b)(4). This the day of 20_______. ___________________________________ Signature of Plaintiff’s Attorney _________________________ Typed Name and Bar Number ___________________________________ Signature of Defendant’s Attorney _________________________ Typed Name and Bar Number 103 FORM 5 (ND/SD MISS.

DEC.

2016) Form 5 – Injunction Bond IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MISSISSIPPI DIVISION PLAINTIFF v. DEFENDANT CIVIL ACTION NO. INJUNCTION BOND On , , this court entered a [Temporary Restraining Order][Preliminary Injunction] against [plaintiff][defendant] , conditioned upon [plaintiff’s][defendant’s] posting security sufficient to cover damages and costs to [plaintiff][defendant] if the [Temporary Restraining Order][Preliminary Injunction] is later dissolved, and the court finds that it was wrongfully issued. If the [Temporary Restraining Order] [Preliminary Injunction] is later dissolved as wrongfully issued, we jointly and severally agree to pay to [plaintiff] [defendant] any damages and costs, including reasonable attorneys’ fees, that the court finds [plaintiff] [defendant] has sustained or incurred. The obligation is limited to $ . [Plaintiff][Defendant] By: [Title] [Insurer/Surety] By: Its Attorney-in-Fact as Surety 104 FORM 5 (ND/SD MISS.

DEC.

2016) Approved: , 20 . UNITED STATES DISTRICT JUDGE 105 FORM 6 (ND/SD MISS.

DEC.

2016) Form 6 – Application for Admission Pro Hac Vice UNITED STATES DISTRICT COURT _________________ DISTRICT OF MISSISSIPPI Plaintiff v. CIVIL ACTION NO. Defendant APPLICATION FOR ADMISSION PRO HAC VICE (A) Name: Firm Name: Office Address: City: Telephone: E-Mail: (B) Client(s): Address: City: Telephone: The following information is optional: 106 State Fax: Zip State Fax: Zip FORM 6 (ND/SD MISS.

DEC.

2016) Have you had a prior or continuing representation in other matters of one or more of the clients you propose to represent, and is there a relationship between those other matter(s) and the proceeding for which you seek admission? Do you have any special experience, expertise, or other factor that you believe makes it particularly desirable that you be permitted to represent the client(s) you propose to represent in this case? (C) I am admitted to practice in the: State of District of Columbia and I am currently in good standing with that Court. A certificate to that effect, issued by the appropriate licensing authority within 90 days of the date of this Application, is enclosed; the physical address, telephone number and website/email address for that admitting Court are: All other courts before which I have been admitted to practice: 107 FORM 6 (ND/SD MISS.

DEC.

2016) Jurisdiction Period of Admission (D) Have you been denied admission pro hac vice in this state? Have you had admission pro hac vice revoked in this state? No Yes ``` Has Applicant been formally disciplined or sanctioned by any court in this state in the last five years? If the answer was “yes,” describe, as to each such proceeding, the nature of the allegations; the name of the person or authority bringing such proceedings; the dates the proceedings were initiated and finally concluded; the style of the proceedings; and the findings made and actions taken in connection with those proceedings: (E) Has any formal, written disciplinary proceeding ever been brought against you by a disciplinary authority in any other jurisdiction within the last five years?

Yes No 108 FORM 6 (ND/SD MISS.

DEC.

2016) If the answer was “yes,” describe, as to each such proceeding, the nature of the allegations; the name of the person or authority bringing such proceedings; the date the proceedings were initiated and finally concluded; the style of the proceedings; and the findings made and actions taken in connection with those proceedings. (F) Have you been formally held in contempt or otherwise sanctioned by any court in a written order in the last five years for disobeying its rules or orders? Yes No If the answer was “yes,” describe, as to each such order, the nature of the allegations; the name of the court before which such proceedings were conducted; the date of the contempt order or sanction; the caption of the proceedings; and the substances of the court’s rulings (a copy of the written order or transcript of the oral rulings must be attached to the application). (G) Please identify each proceeding in which you have filed an application to proceed pro hac vice in this state within the preceding two years, as follows: Name and Address of Court Date of Application Outcome of Application 109 FORM 6 (ND/SD MISS.

DEC.

2016) (H) Please identify each case in which you have appeared as counsel pro hac vice in this state within the immediately preceding 12 months, are presently appearing as counsel pro hac vice, or have pending applications for admission to appear pro hac vice, as follows: Name and Address of Court Style of Case (I) Have you read and become familiar with all the LOCAL UNIFORM CIVIL RULES OF THE UNITED STATES DISTRICT COURTS FOR THE NORTHERN AND SOUTHERN DISTRICTS OF MISSISSIPPI? Have you read and become familiar with the MISSISSIPPI RULES OF PROFESSIONAL CONDUCT? Yes No (J) Please provide the following information about the resident attorney who has been associated for this case: Name and Bar Number Firm Name: Office Address: City: Telephone: Email address: State: Zip: Fax: 110 FORM 6 (ND/SD MISS.

DEC.

2016) (K) The undersigned resident attorney certifies that he/she agrees to the association with Applicant in this matter and to the appearance as attorney of record with Applicant. Resident Attorney I certify that the information provided in this Application is true and correct. Date Applicant’s Handwritten Signature Unless exempted by Local Rule 83.1(d)(5), the application fee established by this Court must be enclosed with this Application.

CERTIFICATE OF SERVICE

The undersigned Resident Attorney certifies that a copy of this Application for Admission Pro Hac Vice has been mailed or otherwise served on this date on all parties who have appeared in this case. This the day of , 20 . Resident Attorney 111 Form 7 (ND/SD MISS.

DEC.

2016) Form 7 – Report of Mediation IN THE UNITED STATES DISTRICT COURT DISTRICT OF MISSISSIPPI PLAINTIFF VS. CIVIL ACTION NO. REPORT OF MEDIATION DEFENDANT The parties in the above-styled and numbered cause engaged in mediation on the day of , 20 . Counsel for the parties report that: ( ✔ as appropriate) 1. 2. 3.

4. The parties reached a compromise settlement of all issues and a complete settlement was reached regarding all pending claims. The parties reached a compromise settlement of some issues and a partial settlement was reached regarding the following claims: The parties were unable to reach a settlement of any claims despite engaging in mediation. The mediation progressed but was not completed and has been recessed with further mediation to be conducted.

(a) On the day of . , 20 , or (b) Via telephone or other means of communication and the parties will advise the court of the result of those communications no later than the day of , 20 . 112 Form 7 (ND/SD MISS.

DEC.

20156) 5. The mediation failed to occur or was suspended because one or more of the parties refused to participate in the mediation. This the day of , 20 . Plaintiff’s Counsel Defendant’s Counsel 113 FORMS - Admiralty and Maritime Rules 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154