LOCAL RULES OF THE UNITED STATES DISTRICT COURT FOR

LOCAL RULES OF

THE

UNITED STATES DISTRICT COURT FOR

THE

MIDDLE DISTRICT OF LOUISIANA

EFFECTIVE NOVEMBER 12, 2019

LOCAL RULES OF THE UNITED STATES DISTRICT COURT FOR

THE MIDDLE DISTRICT OF

LOUISIANA

EFFECTIVE NOVEMBER 12, 2019

LOCAL CIVIL RULES

LOCAL CIVIL RULE 3 - COMMENCEMENT OF ACTION ............................................................ 1

(

A) COLLATERAL PROCEEDINGS AND REFILED CASES. ................................................................... 1

(

B) ASSIGNMENT OF COLLATERAL PROCEEDINGS AND REFILED CASES. .......................................... 1

LOCAL CIVIL RULE 4 – SUMMONS ............................................................................................ 1

LOCAL CIVIL RULE 5 - SERVICE AND FILING OF PLEADINGS AND OTHER

PERS

......... 2

(

A) FILING BY

LECTRONIC

EANS

.......................................................................................... 2

(

B) FILING OF EXTRAORDINARY PLEADINGS. .................................................................................. 2

(

C) ADVANCE PAYMENT REQUIRED. .............................................................................................. 2

(

D) FILING BY UNREPRESENTED PRISONERS, SUBJECT TO ELECTRONIC FILING, REGARDING CIVIL

RIGHTS AND HABEAS CORPUS CASES. .......................................................................................... 2

(

ERTIFICATE

ERV

.................................................................................................... 3

(

F) SERVICE

LECTRONIC

EANS

......................................................................................... 4

LOCAL CIVIL RULE 5.2 – PROTECTION OF PERSONAL AND SENSTIVE INFORMATION;

PUBLIC ACCESS TO COURT FILES; REDACTED INFORMATION; SEALED INFORMATION

................................................................................................................................................ 4

(

A) IN GENERAL. .......................................................................................................................... 4

(

B) REMOTE ACCESS.................................................................................................................... 4

(

C) REDACTED FILINGS. ................................................................................................................ 4

LOCAL CIVIL RULE 7 - PLEADINGS ALLOWED; FORM OF MOTIONS................................... 5

(

A) EXTENSION OF TIME TO PLEAD. ............................................................................................... 5

(

B) SUBMISSION OF MOTIONS. ...................................................................................................... 5

(

C) SUBMISSION OF EX PARTE OR CONSENT MOTIONS. .................................................................. 5

(

D) MOTIONS MUST BE ACCOMPANIED BY MEMORANDUM. ............................................................. 5

(

E) MOTIONS NOT REQUIRING MEMORANDUM. .............................................................................. 6

(

F) RESPONSE AND MEMORANDUM. .............................................................................................. 6

(

G) MEMORANDA. ......................................................................................................................... 7

LOCAL CIVIL RULE 9 - PLEADING SPECIAL

TTERS

.......................................................... 7

(

A) THREE-JUDGE CASES. ............................................................................................................ 7

(

B) SOCIAL SECURITY CASES. ....................................................................................................... 7

LOCAL CIVIL RULE 10 - FORM OF

PLEA

DINGS

....................................................................... 7

(A) FORM: STATEMENT REGARDING FILING OF

OCUM

ENTS

...................................................... 7

(

ONSOLIDATED

ASES

........................................................................................................ 8

(

C) CONSTITUTIONAL QUESTIONS. ................................................................................................ 8

LOCAL CIVIL RULE 11 - SIGNING OF PLEADINGS, MOTIONS, AND OTHER

PERS;

REPRESENTATIONS TO COURT; SANCTIONS ......................................................................... 9

(

A) SIGNING OF PLEADINGS, MOTIONS AND OTHER

APERS

........................................................ 9

(

B) LEAD

ORNEY

.................................................................................................................. 9

LOCAL CIVIL RULE 16 - PRETRIAL CONFERENCES; SCHEDULING;

GEMENT

....... 10

(

CHEDULING

RDERS

....................................................................................................... 10

(

B) ALTERNATIVE DISPUTE RESOLUTION...................................................................................... 10

(

C) NOTICE OF SETTLEMENT. ...................................................................................................... 11

LOCAL CIVIL RULE 23 - CLASS

CTIONS

.............................................................................. 11

LOCAL CIVIL RULE 26 - GENERAL PROVISIONS GOVERNING DISCOVERY; DUTY OF

DISCLOSURE ............................................................................................................................. 13

(

A) MEETING OF PARTIES UNDER FED. R. CIV. P. 26(F). ............................................................... 13

(

B) INITIAL DISCLOSURE. ............................................................................................................ 13

(

C) WITHHOLDING PRIVILEGED OR PROTECTED INFORMATION. ..................................................... 14

(

ISCOVERY

EADL

NES

..................................................................................................... 14

LOCAL CIVIL RULE 33 - INTERROGATORIES TO

RTIES

................................................... 15

LOCAL CIVIL RULE 34 - REQUEST FOR PRODUCTION ......................................................... 15

LOCAL CIVIL RULE 35 - MOTIONS FOR PHYSICAL OR MENTAL EXA

MIN

TION

............... 15

LOCAL CIVIL RULE 36 - REQUESTS FOR

DMISSION

.......................................................... 15

(

A) RESPONSES TO REQUESTS FOR ADMISSION. .......................................................................... 15

(

B) NUMBER OF REQUESTS FOR ADMISSION. ............................................................................... 15

LOCAL CIVIL RULE 37 - DISCOVERY

VIO

TIONS

............................................................... 16

LOCAL CIVIL RULE 38 - JURY TRIAL OF RIGHT .................................................................... 16

LOCAL CIVIL RULE 39 - TRIAL BY JURY OR BY THE COURT .............................................. 16

LOCAL CIVIL RULE 41 - DISMISSAL OF

CTIONS

................................................................. 16

(

A) DISMISSALS .......................................................................................................................... 16

(

ISMISSAL

FOR FAILURE TO

ROSECUT

.......................................................................... 16

LOCAL CIVIL RULE 43 - TAKING OF TESTIMONY .................................................................. 17

(

A) ORAL TESTIMONY ON HEARING OF MOTION. ........................................................................... 17

(

B) ONE COUNSEL TO EXAMINE WITNESS AND PRESENT OBJECTIONS. ......................................... 18

LOCAL CIVIL RULE 45 - SUBPOENA ......................................................................................

(

A) WITNESS FEES AND MILEAGE. ............................................................................................... 18

(B) NOTIFICATION OF WITNESSES. .............................................................................................. 18

(

C) SUBPOENA DUCES TECUM TO

OSPI

ALS

......................................................................... 18

LOCAL CIVIL RULE 47 - JURO

............................................................................................ 19

(

A) JURIES. ................................................................................................................................ 19

(

B) VOIR DIRE EXAMINATION. ...................................................................................................... 19

(

C) ARGUMENT OF LAW TO JURY PROHIBITED. ............................................................................. 20

(

D) CONTACTING PROSPECTIVE JURORS AND JURORS BEFORE AND DURING TRIAL. ...................... 20

(

NTERVIEWING

URORS AFTER

RIAL

............................................................................... 21

LOCAL CIVIL RULE 54 - JUDGMENTS; COSTS ...................................................................... 21

(

A) COSTS. ................................................................................................................................ 21

(

B) AWARD OF

TTORNEY

EES

........................................................................................... 22

(

C) MEMORANDUM OF COSTS. .................................................................................................... 22

(

D) OBJECTIONS. ....................................................................................................................... 22

(

E) REVIEW OF TAXATION OF COSTS. .......................................................................................... 22

(

F) SECURITY FOR COSTS........................................................................................................... 22

(

G) PAYMENT AND APPLICATION FOR ORDER OF SATISFACTION OF JUDGMENT. ............................. 23

(

H) FILING ACKNOWLEDGMENT OF SATISFACTION NOTICE IN DOCKET. .......................................... 23

(

I) SEAMAN AND PAUPER CASES. ............................................................................................... 23

LOCAL CIVIL RULE 55 - DEFAULT .......................................................................................... 23

LOCAL CIVIL RULE 56 - SUMMARY JUDGMENT .................................................................... 24

(

A) MOTIONS FOR SUMMARY JUDGMENT. .................................................................................... 24

(

B) SUPPORTING STATEMENT OF MATERIAL FACTS. ..................................................................... 24

(

C) OPPOSING STATEMENT OF MATERIAL FACTS.......................................................................... 24

(

D) REPLY STATEMENT OF MATERIAL FACTS. ............................................................................... 24

(

E) MOTIONS TO STRIKE NOT ALLOWED. ..................................................................................... 25

(

F) STATEMENT OF FACTS DEEMED ADMITTED UNLESS PROPERLY CONTROVERTED; SPECIFIC

RECORD OF CITATIONS REQUIRED. ............................................................................................. 25

(

G) FACTS ADMITTED FOR PURPOSE OF SUMMARY JUDGMENT. .................................................... 26

(

H) NUMBER OF MOTIONS FOR SUMMARY JUDGMENT. .................................................................. 26

LOCAL CIVIL RULE 58 - ENTRY OF JUDGMENT ....................................................................

(

A) JUDGMENTS/ORDERS. .......................................................................................................... 26

(

B) SEAMAN

ENTS

...................................................................................................... 26

LOCAL CIVIL RULE 62 - STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT ................. 27

(

A) PETITIONS TO STAY EXECUTION OF STATE COURT JUDGMENTS. ............................................. 27

(

B) BOND OR OTHER SECURITY. ................................................................................................. 28

LOCAL CIVIL RULE 65 - INJUNCTIONS AND RESTRAINING ORDERS ................................. 28

LOCAL CIVIL RULE 65.1 - SECURITY: PROCEEDINGS AGAINST SURETIES ....................... 28

(

A) QUALIFICATIONS OF SURETIES. ............................................................................................. 28

(B) COURT OFFICERS NOT TO BE SURETIES. ............................................................................... 29

LOCAL CIVIL RULE 67 - DEPOSIT IN COURT ......................................................................... 29

(

A) RECEIPT AND DEPOSIT OF REGISTRY FUNDS. ......................................................................... 29

(

B) FORM OF

RDER

............................................................................................................... 29

(

ISBURSEMENT

OF REGISTRY

UNDS

................................................................................ 29

LOCAL CIVIL RULE 72 - MAGISTRATE JUDGES; PRETRIAL ORDERS ................................ 31

(

A) METHOD OF REVIEW OF MAGISTRATE JUDGE DETERMINATION BY A DISTRICT JUDGE. ............. 31

(

B) REFERRAL OF PROCEEDINGS IN CIVIL MATTERS. .................................................................... 31

LOCAL CIVIL RULE 73 - MAGISTRATE JUDGES; TRIAL BY CONSENT AND

PPEA

OPTIONS .................................................................................................................................... 31

(

URI

SDI

................................................................................................................... 31

(

B) REFERRAL OF CASES. ........................................................................................................... 31

(

C) CASES REFERRED FOR TRIAL UNDER 28 U.S.C. § 636(C). ..................................................... 31

(

D) OTHER DUTIES. .................................................................................................................... 32

LOCAL CIVIL RULE 77 - DISTRICT COURTS AND CLERKS ................................................... 33

LOCAL CIVIL RULE 78 - MOTION DAY ..................................................................................... 34

(

A) MOTION DAY. ....................................................................................................................... 34

(

B) ORAL ARGUMENT. ................................................................................................................ 34

LOCAL CIVIL RULE 79 - BOOKS AND RECORDS KEPT BY THE CLERK OF COURT

ENTRIES THEREIN..................................................................................................................... 34

(

A) WITHDRAWAL OF FILES. ........................................................................................................ 34

(

B) ELECTRONIC EVIDENCE FOR TRIALS. ..................................................................................... 34

(

C) ELECTRONIC EVIDENCE FOR ALL OTHER PROCEEDINGS. ........................................................ 34

(

D) CUSTODY OF

XHIBITS

WITH THE CLERK OF

OURT

......................................................... 34

(

E) CUSTODY OF

XHIBITS

WITH THE OFFERING

ART

........................................................... 35

(

F) DISPOSITION OF EXHIBITS. .................................................................................................... 35

(

G) OFFER AND MARKING OF EXHIBITS. ....................................................................................... 35

LOCAL CIVIL RULE 83 - RULES BY DISTRICT COURTS; JUDGES' DIRECTIVES ................

(

A) NATURALIZATION. ................................................................................................................. 35

(

ORNEYS

....................................................................................................................... 35

(

UILDING

ECURI

........................................................................................................... 47

(

ANKRUPT

..................................................................................................................... 52

LOCAL ADMIRALTY RULES

LOCAL ADMIRALTY RULE 4 - SUMMONS AND PROCESS .................................................... 55

(A)

ROCESS

........................................................................................................................... 55

LOCAL ADMIRALTY RULE 64 - SEIZURE OF PROPERTY...................................................... 57

(

A) PUBLICATION AND TIME TO CLAIM AND ANSWER WHERE PUBLICATION NECESSARY AND UNDER

SUPPLEMENTAL RULE C(4). ....................................................................................................... 57

(

B) RELEASE OF VESSEL OR PROPERTY UNDER SUPPLEMENTAL RULE E(5)(C). ............................ 57

(

C) MOVEMENT OF VESSELS UNDER SEIZURE. ............................................................................. 58

(

D) CONSENT GUARDIAN. ........................................................................................................... 58

(

E) NOTICES. ............................................................................................................................ 58

(

................................................................................................................................ 59

LOCAL ADMIRALTY RULE 65.1 - SECURITY .......................................................................... 60

(

A) SECURITY FOR

OSTS

........................................................................................................ 60

(

URET

........................................................................................................................... 60

LOCAL CRIMINAL RULES

LOCAL CRIMINAL RULE 5 - INITIAL APPEARANCE BEFORE THE MAGISTRATE JUDG

. 62

LOCAL CRIMINAL RULE 12 - PRETRIAL MOTIONS ............................................................... 62

LOCAL CRIMINAL RULE 23 - JURY OR NON-JURY

TRI

.................................................... 62

LOCAL CRIMINAL RULE 24 – TRIAL JURO

....................................................................... 62

(

A) CONTACTING PROSPECTIVE JURORS AND JURORS BEFORE AND DURING TRIAL. ...................... 62

(

B) INTERVIEWING JURORS AFTER TRIAL. .................................................................................... 63

LOCAL CRIMINAL RULE 32 - SENTENCE AND JUDGMENT................................................... 64

(

A) SENTENCING. ....................................................................................................................... 64

(

B) SENTENCING MEMORANDA. ................................................................................................... 65

(

C) USSG § 5K1.1 MOTIONS. ..................................................................................................... 66

LOCAL CRIMINAL RULE 44 - CONTINUING REPRESENTATION, WITHDRAWALS,

SUBSTITUTION OF COUNSEL .................................................................................................. 66

(

A) FILING BY

LECTRONIC

EANS

......................................................................................... 67

(

B) SERVICE OF

OCUMENTS

LECTRONIC

EANS

........................................................... 67

LOCAL CRIMINAL RULE 53 - REGULATION OF CONDUCT PERTAINING TO

CRIMI

TTERS

................................................................................................................................... 67

(

A) DISSEMINATION OF INFORMATION CONCERNING PENDING OR IMMINENT CRIMINAL LITIGATION BY

LAWYER PROHIBITED. ................................................................................................................ 67

(

B) PENDING INVESTIGATIONS. .................................................................................................... 68

(

XTRAJUDICIAL

STATEMENTS

ONCERNING

SPECIFIC

ERS

....................................... 68

(

D) DISCLOSURES AUTHORIZED. ................................................................................................. 69

(E) EXTRAJUDICIAL STATEMENTS DURING TRIAL. ......................................................................... 69

(

F) EXTRAJUDICIAL STATEMENTS AFTER TRIAL AND PRIOR TO SENTENCE. .................................... 70

(

G) MATTERS NOT PRECLUDED. .................................................................................................. 70

(

H) DISCLOSURE OF INFORMATION BY COURTHOUSE PERSONNEL. ................................................ 70

(

I) SPECIAL ORDERS. ................................................................................................................ 70

(

J) SUBJECTS OF SPECIAL ORDER. ............................................................................................. 71

(

K) BUILDING SECURITY. ............................................................................................................. 72

LOCAL CRIMINAL RULE 55 - RECORDS ................................................................................. 72

(

A) WITHDRAWAL OF FILES. ........................................................................................................ 72

(

B) ELECTRONIC EVIDENCE FOR TRIALS. ..................................................................................... 72

(

C) ELECTRONIC EVIDENCE FOR ALL OTHER PROCEEDINGS. ........................................................ 72

(

D) CUSTODY OF

XHIBITS

WITH THE CLERK OF

OURT

......................................................... 72

(

E) CUSTODY OF

XHIBITS

WITH THE OFFERING P

ART

........................................................... 72

(

F) DISPOSITION OF EXHIBITS. .................................................................................................... 73

LOCAL CRIMINAL RULE 58 - PROCEDURE FOR MISDEMEANORS AND OTHER PETTY

OFFENSES .................................................................................................................................

(

A) PETTY OFFENSES AND

SDEM

EANORS

............................................................................ 73

(

B) CENTRAL VIOLATIONS BUREAU. ............................................................................................. 74

APPENDIX

Notice Regarding

Complaints

Judicial Misconduct

Disability

LOCAL CIVIL

LOCAL CIVIL RULE 3 - COMMENCEMENT OF ACTION

(a) Collateral Proceedings and Refiled Cases. Whenever a civil matter, commenced in or

removed to the Court, involves subject matter that comprises all or a material part of the subject

matter or operative facts of another action, whether civil or criminal, then or previously pending

in any court or administrative agency, counsel must file a list and description of all such

actions then known to counsel and a brief summary of the relationship between the cases.

Counsel shall file the list and description as a separate document at the time of filing the

complaint. If information concerning any such action or proceeding is obtained after the filing of

the original pleading in the latter case, counsel must

notify

the Court and

opposing counsel

writing of

the relationship between

the cases.

(b) Assignment of Collateral Proceedings and Refiled Cases.

promote

judicial

economy,

conserve judicial resources, and avoid potential forum-shopping and conflicting court rulings,

all actions described in LR 3(a) shall be transferred to the section with the lowest docket number,

unless the two Judges involved determine that some other procedure is in the interest of justice.

If the Judges cannot agree upon whether a case should be transferred, the opinion of the

transferee Judge shall prevail.

LOCAL CIVIL RULE 4 – SUMMONS

Deposit for Service. Except as provided by law in cases involving indigent persons, or unless

ordered by the court, the United States Marshal shall not be required to perform any service until the

deposit of a sum sufficient to cover the immediate costs has been made, and, may demand security in a

reasonable amount for further costs.

LOCAL CIVIL RULE 5 - SERVICE AND FILING OF PLEADINGS AND OTHER

PERS

(a) Filing By

Electronic Means.

(1) All documents must be filed with the Clerk of Court in the manner provided in the Court’s

Administrative Procedures for Filing Electronic Documents, available at

www.lamd.uscourts.gov

(2) An attorney may, for good cause shown, request by written motion a temporary exemption

from mandatory electronic case filing.

(b) Filing of Extraordinary Pleadings. The attorneys filing any pleading of an extraordinary nature

(e.g., temporary restraining orders, vessel seizures, writs of attachment, and other pleadings

requiring immediate

judicial

action)

shall

make

themselves available

telephone to the Judge to

whom the matter is assigned and shall provide a current cellular telephone number on the

pleading.

render any service for which a fee is legally collectible unless the fee for the particular service is

paid in advance.

(d) Filing by Unrepresented Prisoners, Subject to Electronic Filing, Regarding Civil Rights

and Habeas Corpus Cases.

(1)

Original Documents

Prisoners subject

electronic filing

must

place

all documents in an

envelope and place the envelope in a designated box for documents to be filed in

Louisiana Federal District Courts only. No postage is required. All envelopes placed

in the designated box shall be opened by authorized prison personnel in order to scan

the documents. Once scanned, prison personnel shall

return

all

original documents

to the

prisoner, unless otherwise directed by

the Court. Any envelope placed in the

designated

box

containing postage shall not be opened for purposes of scanning. Prison officials shall

either return the envelope to the prisoner or mail it to the Court. Documents submitted by

a prisoner to the Court for filing which have not been scanned and emailed by authorized

prison personnel, may, at the direction of the Court, be returned to the prisoner.

(2) Scanning - Authorized prison personnel will scan prisoner documents into a pre-

programmed Document Capture Workstation which converts the document to PDF.

Authorized prison personnel will affix the “scanned” stamp on the document, prior to

scanning, which indicates the date the document was scanned, total number of pages

scanned, and the initials of the person who scanned it. Once the document has been

scanned, authorized prison personnel will verify the legibility of the image on the computer

screen and email the document directly to the Court’s dedicated email address.

(3)

Filing into Court’s Electronic Case Management System

- The

Court will

receive

and review

all documents received via email from the prison and electronically file submissions

into the case management system. After review, if it is determined by the Court that a

document does not constitute a proper filing in

accordance

with the Federal Rules of Civil

Procedure and the Local Rules of the Court, the document may be returned to the

prisoner via the U. S. Postal Service, upon direction of the Court.

(e)

Certificate

Serv

ce.

(1) When a document filed after the initial complaint is served by filing it with the Court’s

electronic filing system, no certificate of service is required when all parties are electronic

filers.

(2) When a document that is required to be served is served by means other than the Court’s

electronic filing system, the document must include a certificate of service indicating the

document has been served on all parties contemporaneously with its filing with the court.

The certificate of service must list each party on which the document has been served

and must identify the method of service upon each party.

(f) Service

Electronic

eans.

(1) As provided by Fed. R. Civ. P. 5(b)(2)(E), if a recipient is a registered filer in the Court’s

Electronic CM/ECF Filing System, service is complete when the document is

electronically filed or uploaded to the Court’s system. If the recipient is not a registered

filer in the Court’s system, the filer must effect service on all parties in accordance with

the Federal Rules of Civil Procedure.

(2) Most sealed filings do not produce a Notice of Electronic Filing, and therefore service

by the filer of any sealed document must be in accordance with the Federal Rules of Civil

Procedure and the Local Rules.

LOCAL CIVIL RULE 5.2 – PROTECTION OF PERSONAL AND SENSTIVE INFORMATION;

PUBLIC ACCESS TO COURT FILES; REDACTED INFORMATION; SEALED INFORMATION

(a) In General. Counsel should advise clients of the provisions of this Rule and Federal Rule of Civil

Procedure 5.2 so that an informed decision may be made about the inclusion of protected

information.

(b) Remote Access. Counsel and parties must consider that the E-Government Act of 2002 (as

amended) and the policies of the Judicial Conference of the United States require federal courts

eventually to make all pleadings, orders, judgments, and other filed documents available in

electronic format accessible over the Internet and the Courts’

PACER [Public Access

to Court

Electronic Records]

systems.

Consequently, personal

and

sensitive information and data that formerly were available only by review of the Court’s physical

case files will be available openly and publicly.

the parties to ensure that all pleadings conform to Federal Rule of Civil Procedure 5.2, and the

General Orders of this Court. Neither the Court nor the Clerk of Court will review pleadings or

other documents for compliance with this Rule.

LOCAL CIVIL RULE 7 - PLEADINGS ALLOWED; FORM OF MOTIONS

(a) Extension of Time to Plead. Upon certification by a moving party that there has been no

previous extension of time to plead and that the opposing party has not filed in the record an

objection to an extension of time, then on an ex parte motion and order, the Court will allow one

extension for a period of twenty-one days from the time the pleading would otherwise be due.

Further extensions will not be granted by stipulation, but only by motion to the Court and for good

cause shown. This rule shall apply to pleadings listed in Fed. R. Civ. P. 7(a).

(b) Submission of Motions. All motions, except those made during a hearing or trial which is being

properly recorded into the Court record, shall be made in writing. Documents filed with the motion

are thereby made a part of the record.

Rules to be submitted ex parte or by consent shall be accompanied by a proposed order on a

separately

captioned page. Except as otherwise ordered in an individual case, every such

application shall be filed pursuant to LR5(a).

(d) Motions Must Be Accompanied by Memorandum.

All contested motions must be

accompanied

by separate

memoranda

which must contain a concise

statement

of reasons

supporting the motion and citations of authorities. If the motion requires consideration of

facts not in the record, the movant must also file and serve upon opposing counsel a copy of

all evidence supporting the motion. Memoranda may not be supplemented, except with leave

of court.

(e) Motions Not Requiring Memorandum.

All motions listed below, while not required to be

accompanied by a memorandum, must state the grounds therefor and cite any applicable

rule, statute, or other authority justifying the relief sought. No memorandum is required by

either movant or respondent, unless otherwise directed by the Court, with respect to the

following motions: (1) For extension of time for the performance of an act required or

allowed to be done, provided request therefor is made before the expiration of the period

originally prescribed or as extended by previous orders; (2) to continue a pretrial

conference, hearing, motion, or the trial of an action; (3) to add addit

ional parties; (4) to

amend pleadings; (5) to file supplemental pleadings; (6) to appoint next friend or guardian ad

litem; (7) to intervene; (8) for substitution of parties; (9) joint motions to dismiss or

consolidate; and (10) to withdraw as counsel. Prior to filing any motion under this section,

the moving party shall attempt to obtain consent for the filing and granting of such motion

from all parties having an interest to oppose, and a certificate stating the position of the

other parties shall be included in the motion. A proposed order on a separately captioned

page shall accompany each motion filed under this paragraph.

(f) Response and Memorandum.

Each respondent opposing a motion shall file a response,

including opposing affidavits, and such supporting documents as are then available, within

twenty-one days after service of the motion. Memoranda shall contain a concise statement

of reasons in opposition to the motion, and a citation of authorities upon which the

respondent relies. For good cause appearing therefor, a respondent may be required to file

a response and supporting documents, including memoranda, within such shorter or longer

period of time as the Court may order. Reply memoranda may be filed without leave of Court

in Rule 12 and Rule 56 motions only. Any such reply memoranda shall be filed within

fourteen days after service of the response to the motion. Leave of court must be obtained

to file surreplies in Rule 12 and Rule 56 motions. Leave of court must be obtained to file

reply and surreply memoranda in all other motions not listed.

(g) Memoranda. All memoranda filed by a party (including briefs, memoranda in support of or

in opposition to a motion, and appeals to District Judges) shall be limited to twenty-five pages

excluding table of contents and attachments. The form of the memorandum shall comply

with LR10(a). Reply and surreply memoranda, if permitted, shall be limited to ten pages.

Leave of Court must be obtained to file memoranda in excess of the limit above.

LOCAL CIVIL RULE 9 - PLEADING SPECIAL

TTERS

(a) Three-Judge Cases. Upon filing any suit or proceeding that may require a three-judge

court for disposition, the party instituting the action shall state in writing, to the Clerk of

Court and other parties the provision under which said party is proceeding. Failure to

comply with this rule may result in the matter being treated as one not requiring three

judges.

(b) Social Security Cases. Complaints filed in civil cases pursuant to Section 205(g) of the

Social Security Act, 42 U.S.C. § 405(g), for benefits under Titles II, XVI, and XVIII of the

Social Security Act shall be submitted for filing on forms furnished by the Clerk of Court or

substantially in conformity therewith.

LOCAL CIVIL RULE 10 - FORM OF

PLEA

DINGS

(a) Form: Statement Regarding Filing of

Docum

ents.

(1) All documents drafted for filing in this Court shall be on 8-1/2 by 11 inch paper,

numbered sequentially, plainly written in ink or printed in no smaller than standard

12-point typeface without defacing erasures or interlineations, shall be double

spaced and if filed in paper format, not printed on the reverse side of the paper.

Footnotes may

printed in

smaller

than

standard 10-point typeface.

Quotations

and footnotes may be single spaced. All margins must be no less than one inch. No

print or writing, except page numbers, must appear in the margins, and page

numbers must not be less than one-half inch from the bottom of the page.

(2) In addition to the requirement of Fed. R. Civ. P. 10(a), after allotment the caption

shall also indicate the initials of the United States District Judge and United States

Magistrate Judge (“Magistrate Judge”) to whom the case is assigned (e.g. 10-CV-

292-JVP-SCR).

(3) A completed and executed Civil Cover Sheet form shall accompany the initial

pleading of each civil case to be filed, except that such requirement shall not apply to

persons in the custody of civil, state, or federal institutions or to persons filing cases

pro se.

(b)

Consolidated

ases.

(1) Unless otherwise ordered by the Court, where cases are consolidated, whether for

trial only or

otherwise,

the

caption

of all

documents

filed after

consolidation

shall list

first the name and docket number of the lowest numbered case in the group, with

words “consolidated with” or abbreviation “c/w”. This shall be followed by a listing of

the names and docket numbers of only those cases to which the document applies.

(2) The

caption

of the lowest

numbered

case will serve as the

identifying caption

during

the

pendency

of the

consolidation

and will

continue

to be used even if that particular

case is closed.

Whenever the constitutionality of any act of Congress is, or is

intended to be, drawn into question in any suit or proceeding to which the United States, or

any agency, officer or employee thereof as such officer or employee, is not a party, counsel

for the party raising or intending to raise the constitutional issue shall notify the Court, in

writing, of the existence of that question (to enable the Court to comply with 28 U.S.C. §

2403). A copy of such notice shall be served upon each of the other parties. The notice shall

give the title of the cause, a reference to the questioned statute sufficient for its

identification, and the grounds upon which the statute is claimed to be unconstitutional.

LOCAL CIVIL RULE 11 - SIGNING OF PLEADINGS, MOTIONS, AND OTHER

PERS;

REPRESENTATIONS TO COURT; SANCTIONS

(a) Signing of Pleadings, Motions and Other

apers.

(1)

Every

pleading, motion, or other document

presented

for filing shall, in accordance

with the

Federal Rules

Civil Procedure,

be signed by counsel

admitted

to practice

before this Court. If the document is submitted by a pro hac vice attorney, the

document must also be signed by local counsel associated with such pro hac vice

attorney in accordance with LR83(b)(8).

(2) Electronic signatures must comply with the administrative procedures.

(3) In addition, counsel's name, address, telephone and facsimile numbers, email

address and Attorney Identification Number shall be typed or printed under the

attorney’s signature. If the attorney is admitted to practice before the Supreme

Court of Louisiana, the Attorney Identification Number shall be the same as the

number assigned by the Supreme Court of Louisiana.

(4) Documents filed by a party not represented by counsel shall be signed by the party

and shall include name, address and telephone number.

(5) Each attorney and pro se litigant has a continuing obligation to apprise the Court of

any address change.

(b) Lead

orney

(1) If a law firm or more than one attorney represents a party, one attorney will be

designated in the first pleading filed on behalf of that party as lead attorney. This

attorney may, but need not, be the attorney who personally signs pleadings.

(2) The designated lead attorney will be responsible for the case and all notices and

other communications with respect to it will be directed to the designated lead

attorney, or to local counsel in the event a visiting attorney is designated as lead

attorney. The designation of the lead attorney may be changed at any time by

written notice filed with the Court. If a party desires to change the lead attorney, the

new lead attorney will be promptly designated.

LOCAL CIVIL RULE 16 - PRETRIAL CONFERENCES; SCHEDULING;

GEMENT

(a)

Scheduling Orders.

(1) The scope and timing of the scheduling order under Fed. R. Civ. P. 16(b) shall be

as prescribed by the Civil Justice Expense and Delay Reduction Plan of this Court

(see General Orders of the Court).

(2) Unless otherwise ordered by a Judge in a particular case, the following categories

of cases are exempted from the requirements for a scheduling order:

Social Security Appeals

Bankruptcy Appeals

Habeas Corpus cases

Prisoner 1983 cases

Government Collection and Foreclosure cases

(3) The Magistrate Judges of this Court are authorized to enter and/or modify

scheduling orders in matters referred to them or when directed by a District Judge.

(b) Alternative Dispute Resolution.

If the District Judge or Magistrate Judge determines at

any time that the case will benefit from alternative dispute resolution, the Judge may:

(1) refer the case to private mediation, if the parties consent, even if such mediation

efforts upset previously set trial or other dates;

(2)

order non-binding mini-trial

non-binding summary

jury

trial before

judge with

the

parties’ consent; or

(3) employ other dispute resolution programs which may be designated for use in this

District.

All alternative dispute resolution proceedings shall be confidential.

counsel shall immediately file a Joint Notice of Settlement, signed by counsel for Plaintiff,

into the record. Additionally, counsel shall immediately inform the Clerk's office, the Judge to

whom the case is assigned, and shall comply with LR45(b) relative to all persons

subpoenaed as witnesses. If a civil case is settled as to fewer than all of the parties or all of

the claims, the Joint Notice shall also set forth the remaining parties and unsettled claims.

The Joint Notice may also include a request for a conditional order of dismissal,

allowing

for

reinstatement

the matter

the settlement is

not

consummated within

the time stated in

the order of dismissal.

LOCAL CIVIL RULE 23 - CLASS

CTIONS

In any case sought to be maintained as a class action:

(a) The complaint shall bear next to its caption the designation, "Complaint-Class

Action";

(1) Refer to the portions of Fed. R. Civ. P. 23 under which it is claimed that the suit is

properly maintainable as a class action;

(2) Make allegations thought to justify the maintenance of the claim as a class action,

including, but not necessarily limited to:

(A) the size (or approximate size) and definition of the alleged class,

(B) the basis upon which the plaintiff (or plaintiffs) claims,

(i) to be an adequate representative of the class, or

(ii) if the class is comprised of defendants, that those named as parties

are adequate representatives of the class,

(3) The alleged

questions

of law or fact claimed to be common to the class; and

(4) In actions claimed to be

maintainable

as class actions under Fed. R. Civ. P. 23(b)(3),

allegations thought to support the findings required by that subdivision.

(b) The foregoing provisions shall apply, with appropriate adaptations, to any counterclaim or

cross claim alleged to be brought for or against a class.

communicating concerning such action with any potential or actual class member not a

formal party to the action, the party or counsel shall apply in writing to the Court for such

an order. In such application, the parties must set forth with particularity

the

abuses they

fear will result from such communication, along with

the form of remedy they believe would

be appropriate to prevent frustration of the policies of LR23.

(1) The Court will not enter an order prohibiting communication with members of the

class in the absence of a clear record (and when necessary, an evidentiary

hearing) reflecting:

(A) specific findings regarding the abuse the Court seeks to prevent;

(B) the need for such an order, weighing the abuse sought to be

corrected and the effect it will have on the right of a party to proceed

pursuant to LR23 without interference.

(2) Any attorney who communicates with the class shall preserve and retain in one’s files,

until the final conclusion of the action, a copy of all communications which the

attorney has sent to any members of the class or potential class.

LOCAL CIVIL RULE 26 - GENERAL PROVISIONS GOVERNING DISCOVERY; DUTY OF

DISCLOSURE

(a) Meeting of Parties Under Fed. R. Civ. P. 26(f).

Except

otherwise ordered

by the Court,

the provisions of Fed. R. Civ. P. 26(f), requiring a meeting of parties prior to the scheduling

conference,

shall apply to all civil actions in the Court subject to the

following

modifications:

(1) The requirements for a meeting of the parties does not apply in cases exempted

from the requirements of a scheduling order under LR16(a)(2).

(2) The parties may agree to hold the meeting by telephone.

(3) Any meeting of the parties shall be held in time to permit the report of the meeting to

be filed with the Court no later than two weeks prior to the date of the scheduling

conference.

(4)

Formal discovery may begin

in cases in

which

meeting

required without

regard to

the requirements of Fed. R. Civ. P. 26(d) and (f).

(b) Initial Disclosure.

Within the time designated in the Court’s initial order setting the Fed.

R. Civ. P. 16 conference, the parties must make the disclosures required by Fed. R. Civ .P.

26(a)(1). Disclosures must

made

later than seven

days

before

the

Case

Management

Conference,

unless a different time is set by court order or unless a

party

objects during the

attorney conference and states the objection in the proposed case management order.

A party withholding information

claimed privileged or otherwise protected must submit a privilege log that contains at least

the following information: name of the document, electronically stored information, or

tangible things; description of the document, electronically stored information, or tangible

thing, which description must include each requisite element of the privilege or protection

asserted; date; author(s); recipient(s); and nature of the privilege.

(d)

Discovery

Deadl

nes.

(1) Unopposed discovery may continue after the applicable deadline for discovery

contained in the scheduling order, provided that discovery does not delay other

pretrial preparations or the trial setting. Absent exceptional circumstances, no

motions relating

discovery, including motions

under Fed. R. Civ. P. 26(c), 29, and

37, shall be filed after the expiration of the discovery deadline, unless they are filed

within seven days after the discovery deadline and pertain to conduct occurring

during the final seven days of discovery.

(2) Written discovery is not timely unless the response to that discovery would be due

before the discovery deadline. The responding party has no obligation to respond

and object to written discovery if the response and objection would not be due until

after the discovery deadline. Discovery depositions must be completed before the

discovery deadline. Notices served before the discovery deadline which purport to

schedule depositions after the discovery deadline will not be enforced

LOCAL CIVIL RULE 33 - INTERROGATORIES TO

RTIES

Answers and/or objections to interrogatories must state in full the interrogatory, preceding

each answer or objection.

LOCAL CIVIL RULE 34 - REQUEST FOR PRODUCTION

Answers and/or objections to requests for production must state in full the request for

production immediately preceding each answer or objection.

LOCAL CIVIL RULE 35 - MOTIONS FOR PHYSICAL OR MENTAL EXA

MIN

TION

Motions for physical and/or mental examination of a party shall include, in addition to the

requirement of Fed. R. Civ. P. 35(a)(2):

• Whether a personal and/or medical history will be obtained;

• Whether a physical examination will be undertaken;

• A description of the written, verbal-administered and/or physical tests to be

performed, both invasive and non-invasive;

• The identities of any persons administering and/or interpreting the test results, if

different from the person identified in the motion; and

• The anticipated duration of the examination.

LOCAL CIVIL RULE 36 - REQUESTS FOR

DMISSION

(a) Responses to Requests for Admission.

Answers and/or objections to requests for

admission must state in full the request for admission

immediately

preceding each answer or

objection.

(b) Number of Requests for Admission.

No party shall serve on any other party more than 25

requests for admission in the aggregate without leave of Court. Each sub-part of a

request

for

admission shall count

as an

additional request

for admission.

Any party

desiring to serve

additional requests for admission shall file a written motion setting forth the proposed

additional requests for admission and the reasons establishing good cause for their use.

LOCAL CIVIL RULE 37 - DISCOVERY

VIO

TIONS

Motions addressed to issues concerning discovery propounded under Fed. R. Civ. P. 33, 34,

36 and 37 must quote verbatim each interrogatory, request for production, or request for admission

to which the motion is addressed, followed immediately by the verbatim response or objection

which provided thereto.

LOCAL CIVIL RULE 38 - JURY TRIAL OF RIGHT

If a jury demand is made in the document, the caption shall contain words indicating that a

demand for jury trial is being made therein.

LOCAL CIVIL RULE 39 - TRIAL BY JURY OR BY THE COURT

All counsel of record and parties to the litigation must be present in court at all stages of

trial, unless leave of Court is granted by the presiding Judge.

LOCAL CIVIL RULE 41 - DISMISSAL OF

CTIONS

(a) Dismissals

Except as provided in Fed. R. Civ. P. 41(a)(1), if an attorney proposes to

dismiss a suit with the intention of refiling it, the attorney must bring this to the attention of

the Judge to whom the suit has been assigned.

(b)

Dismissal

for Failure to

rosecut

(1) A civil action may be dismissed by the Court for lack of prosecution as follows:

(A) Where no service of process has been made within 90 days after filing of the

complaint;

(B) Where no responsive pleadings have been filed or no default has been

entered within sixty days after service of process, except when Fed. R. Civ. P.

12(a)(3) applies or a dispositive motion is pending; or

taken within such period. This provision shall not apply if the cause is

awaiting action by the Court.

(2) Prior to

issuance

of a

dismissal, notice shall

be sent to the

plaintiff,

and plaintiff shall be

allowed fourteen calendar days from mailing of the notice within which to file

evidence of good cause for

plaintiff’s

failure to act. If no response is received within

the allotted time, the Court may dismiss the civil action. If a timely response is filed, a

District Judge or a Magistrate Judge may order additional time within which to take

action, dismiss the civil action without

prejudice,

or issue any other appropriate order.

(3) Dismissal under this Rule shall be without prejudice. The Order of Dismissal shall

allow for reinstatement of the action within thirty days for good cause shown.

(4) The failure of an

attorney

or pro se litigant to keep the Court apprised of an address

change may be considered cause for dismissal for failure to prosecute, when a

notice is returned to a party or the Court for the reason of an incorrect address and no

correction is made to the address for a period of thirty days.

LOCAL CIVIL RULE 43 - TAKING OF TESTIMONY

(a) Oral Testimony on Hearing of Motion. Oral

testimony

shall not be offered at the hearing

on a motion without prior authorization from the Court, and counsel shall not cause service of

any subpoenas or subpoena duces tecum in

connection

with any such hearing until such

authorization has been obtained and reasonable notice has been given to all parties.

(b) One Counsel to Examine Witness and Present Objections.

Only one counsel for each

separate interest shall conduct the examination of any one witness, or present argument or

urge objections with respect to the testimony of that witness, except with leave of Court.

LOCAL CIVIL RULE 45 - SUBPOENA

(a) Witness Fees and Mileage. It shall be the duty of the person provoking the issuance of

any subpoena for a witness to cause to be tendered to the witness, at the time of service of

the subpoena, one day's attendance fee and the legal amount for mileage to and from the

place of trial or hearing, as set forth in 28 U.S.C. § 1821, and further to cause to be paid

concurrently to any such witness the daily attendance fee for each day the witness is

required to attend said trial or hearing. No witness shall be liable to attachment for not

obeying the subpoena if this Rule has not been complied with. This Rule does not apply to

witnesses for the United States.

(b) Notification of Witnesses. Any person who has provoked the issuance of a subpoena

shall notify the person subpoenaed if the witness’s attendance will not be required in time to

prevent the witness from making a needless trip. Any person failing to comply with this Rule

may be subject to appropriate sanctions.

Hospi

als.

(1) When a subpoena duces tecum is served upon the custodian of records or other

qualified

witness from a

hospital

or other health care facility in an action in which the

hospital or facility is not a party and such subpoena requires the production for trial of

all or any part of the records of the hospital or facility relating to the care and

treatment of a patient in such hospital or facility, it shall be sufficient compliance

therewith if the custodian or other officer of the hospital or facility delivers by

registered mail or by hand a true and correct copy of all records described in such

subpoena to the Clerk of Court or other tribunal, or if there is no Clerk of Court, then

the Court or other tribunal, together with the affidavit described in Subsection (2).

Production of the record shall occur prior to the time fixed for the trial, but no earlier

than ten working days before the trial date unless otherwise directed in the pretrial

order. This section is limited to procedures for complying with a subpoena duces

tecum for purposes of trial and shall not affect the rights of parties to production of

documents pursuant to laws governing discovery or other laws pertaining thereto,

including Fed. R. Evid. 902(11).

(2)

The records shall

accompanied

by the

affidavit

of the

custodian

or other qualified

witness, stating in substance each of the following:

(A) That the affiant is the duly authorized custodian of the records and has

authority to certify the records.

(B) That the copy is a true copy of all records described in the subpoena.

staff physicians, or persons acting under the control of either in the ordinary

course of the business of the hospital or facility at or near the time of the

act, condition, or event.

(3) If the hospital or facility has none of the records described, or only part thereof, the

custodian shall so state in the affidavit, and deliver the affidavit and such records as

are available in the manner provided in Subsection (1).

LOCAL CIVIL RULE 47 - JURO

(a) Juries. All juries for the District are drawn and convene as directed by the Court.

(b) Voir Dire Examination.

All voir dire examinations of prospective jurors will be conducted

by the Judge alone, unless an exception to this rule is made by the presiding Judge.

Counsel may submit in advance, in writing, questions to be asked upon such examination

and may supplement this by oral request at side bar when necessary.

In the argument of any case to a jury, counsel shall

not read to the jury from any legal textbook or reported case, instruct the jury on any matter of

law, or argue law to the jury.

(d) Contacting Prospective Jurors and Jurors Before and During Trial.

(1) A lawyer shall not knowingly communicate, either directly or through another, with a

juror or prospective juror unless authorized to do so by law or court order, upon good

cause shown.

(2) A lawyer may not, either personally or through another, send an access request to a

juror or prospective juror through any electronic social media. An access request is

a communication to a juror seeking access to a juror or prospective juror’s social

media for the purpose of obtaining information about a juror or potential juror which

the juror or potential juror has not made public or that would be the type of ex parte

communication prohibited by subsection (1) of this local rule.

(3) Unless otherwise limited by law, court order, or subsections (1) and (2) of this local

rule, a lawyer may review, in advance of or during a trial, a juror’s or prospective

juror’s public Internet presence. “Internet presence” includes but is not limited to

postings by the juror or prospective juror on electronic social media that are publicly

available and that do not require an access request.

This is drawn from the Louisiana Rule of Professional Conduct 3.5(b), ABA Model Rule 3.5(b) and ABA

Formal Opinion 466.

This is drawn verbatim from ABA Formal Opinion 466 except that “subsection (1) of this local rule”

replaces “Model Rule 3.5(b).”

This is drawn from ABA Formal Opinion 466. See also Jan L. Jacobowitz and John G. Browning, Legal

Ethics and Social Media, A Practitioner’s Handbook, American Bar Association, 2017, at 96. (“[R]esearching

the social media of prospective jurors, and continuing to monitor social media activity during trial, can be

vital to seating an honest, unbiased jury, and to ensuring that any online misconduct is promptly brought to

the court’s attention.”) One writer has suggested that “it is not only permissible for lawyers to research jurors

(4) In the course of reviewing a juror’s or potential juror’s Internet presence, if a lawyer

discovers evidence of juror or potential juror misconduct, the lawyer must disclose

the misconduct or potential misconduct to the court as soon as possible.

(e)

Interviewing Jurors After Trial.

(1) No party or their attorney shall, personally or through another person, contact,

interview, examine, or question any juror or alternate, except on leave of court

granted upon good cause shown. If a party believes in good faith that grounds for

legal challenge to a verdict exist, he may move for an order permitting an interview

of a juror or jurors to determine whether the verdict is subject to challenge.

(2) No juror has any obligation to speak to any person about any case and may refuse all

interviews or comments;

(3) No

person may make repeated requests

for

interviews

questions

after a juror has

expressed the desire not to be interviewed;

(4) No juror or alternate who consents to be interviewed may disclose any information

with respect to the following:

(A) The specific vote of any juror other than the juror being interviewed;

(B) The deliberations of the jury; or

LOCAL CIVIL RULE 54 - JUDGMENTS; COSTS

(a) Costs. Whenever any civil action scheduled for jury trial is settled or otherwise disposed of

prior to trial, then, except for good cause shown, juror costs, including marshal's fees,

before and during trial using social media according to currently existing professional standards, but they

may have an ethical obligation to do so.” Jessica L. Boylan, “Jury Duty”: The Ethical Obligations of

Attorneys Researching Jurors Using Social Media Technology, 29 Geo. J. Legal Ethics 867, 869 (2016).

This is drawn from ABA Formal Opinion 466.

This combines M.D. Florida Local Rule 5.01(d) and N.D. Mississippi Local Rule 48.

mileage and per diem, shall be assessed as directed by the Court, unless the clerk's office

is notified in time to advise the jurors that it will not be necessary for them to attend.

(b) Award of

Attorney's Fees.

(1) In all cases where

attorney's

fees are sought, the party desiring to be

awarded

such

fees shall submit to the Court a contemporaneous time report reflecting the date,

time involved, and nature of the services performed. The report shall be in both

narrative and statistical form and provide hours spent and justification thereof.

(2) Any Judge of the Court may, for good cause shown, relieve counsel of the

obligation of filing such a report with the Court.

unless otherwise ordered by the Court, the party in whose favor judgment is rendered and

who claims and is allowed costs, shall serve on the attorney for the adverse party and file

with the Clerk of Court a notice of application to have the costs taxed, together with a

memorandum signed by the attorney of record stating that the items are correct and that

the costs have been necessarily incurred.

(d) Objections.

Specific objections may be made within fourteen days to any item of

costs supported by affidavit or other evidence, which may be rebutted. The Clerk of Court

shall thereupon tax the costs.

(e) Review of Taxation of Costs. A dissatisfied party may request within seven days that the

Court review the action of the Clerk of Court, in accordance with Fed. R. Civ. P. 54(d).

(f) Security for Costs. In any civil matter, the Court, on motion or its own initiative, may

order any party to file bond for costs or additional security for costs in such an amount and so

conditioned as it may designate.

(g) Payment and Application for Order of Satisfaction of Judgment.

Whenever any party

shall pay into court an amount of money which fully satisfies any judgment or decree in

principal, interest,

and costs, the

attorney may apply

to the Court for an order of satisfaction

and, after notice to opposing counsel, or party (if no counsel), upon proof to the Court of

such complete satisfaction, shall be entitled to an order declaring same.

(h) Filing Acknowledgment of Satisfaction Notice in Docket. Upon filing of

acknowledgment of satisfaction made by the judgment creditor or creditor attorney, the

Clerk

of Court

shall

note upon

the docket sheet "Judgment Satisfied," together with the

date of

any judgment.

(i) Seaman and Pauper Cases. In all actions in which the fees of the U.S. Marshal and the

Clerk of Court are not required by law to be paid in advance and in which a seaman or a

party proceeding in forma pauperis prevails, either by judgment or by settlement, no

dismissal or satisfaction of judgment shall be filed or entered until all fees of the U.S.

Marshal and the Clerk of Court have been paid, unless otherwise ordered by the Court. It

shall be the

responsibility

counsel handling

the

payment

of any

settlement

to see to it that all

fees are paid whether or not any dismissal or satisfaction of judgment entry is applied for.

LOCAL CIVIL RULE 55 - DEFAULT

In addition to the provisions of Fed. R. Civ. P. 55, the following rules apply to default

judgments:

• All requests for entry of default shall be made to the Clerk of Court in writing;

• The clerk shall provide notice of entry of default to each defendant or the

defendant’s attorney at the last known address;

• A judgment of default shall not be entered until fourteen days after entry of default.

LOCAL CIVIL RULE 56 - SUMMARY JUDGMENT

(a) Motions for Summary Judgment. In addition to the material required to be filed by Local

Civil Rule 7(d), (f), & (g), a motion for summary judgment and opposition thereto shall comply

with the requirements of this rule.

(b) Supporting Statement of Material Facts.

(1) A motion for summary judgment shall be supported by a separate, short, and concise

statement of material facts, each set forth in separately numbered paragraphs, as to

which the moving party contends there is no genuine issue of material fact to be

tried. Each fact asserted in the statement shall be simply and directly stated in

narrative without footnotes or tables and shall be supported by a record citation as

required by subsection (f) of this rule.

(2) Nothing in this Local Civil Rule 56 precludes the parties from filing a stipulated

statement of material facts as to all, or some, of the facts underlying a motion for

summary judgment, or any opposition thereto. In the event the parties file a stipulated

statement of material facts, such stipulated facts shall control and take precedence

over any conflicting statement of fact filed by any party to the stipulation.

shall submit with its opposition a separate, short, and concise statement of material facts.

The opposing statement shall admit, deny or qualify the facts by reference to each numbered

paragraph of the moving party’s statement of material facts and unless a fact is admitted,

shall support each denial or qualification by a record citation as required by this rule. Each

such statement shall begin with the designation “Admitted,” “Denied,” or “Qualified” and, in

the case of an admission, shall end with such designation. The opposing statement may

contain in a separately titled section additional facts, each set forth in a separately numbered

paragraph and supported by a record citation as required by subsection (f) of this rule.

(d) Reply Statement of Material Facts. A party replying to the opposition to a motion for

summary judgment shall submit with its reply a separate, short, and concise statement of

material facts which shall be limited to any additional facts submitted by the opposing party.

The reply statement shall admit, deny or qualify such additional facts by reference to the

numbered paragraphs of the opposing party’s statement of material facts and unless a fact

is admitted, shall support each denial or qualification by a record citation as required by

subsection (f) of this rule. Each such reply statement shall begin with the designation

“Admitted,” “Denied,” or “Qualified” and, in the case of an admission, shall end with such

designation.

(e) Motions to Strike Not Allowed. Motions to strike statements of fact are not allowed. If a

party contends that an individual statement of fact should not be considered by the court,

the party may include as part of the response that the statement of fact “should be stricken”

with a brief statement of the reason(s) and the authority or record citation in support. Without

prejudice to the determination of the request to strike, the party shall admit, deny or qualify

the statement as provided in this rule. A party may respond to a request to strike either in

the reply statement of material facts as provided in this rule or, if the request was made in a

reply statement of material facts, by filing a response within 14 days of service of the reply

statement. A response to a request to strike shall be strictly limited to a brief statement of

the reason(s) why the statement of fact should be considered and the authority or record

citation in support.

(f) Statement of Facts Deemed Admitted Unless Properly Controverted; Specific Record

of Citations Required. Facts contained in a supporting or opposing statement of material

facts, if supported by record citations as required by this rule, shall be deemed admitted

unless properly controverted. An assertion of fact set forth in a statement of material facts

shall be followed by a citation to the specific page or paragraph of identified record material

supporting the assertion. The court may disregard any statement of fact not supported by a

specific citation to record material properly considered on summary judgment. The court

shall have no independent duty to search or consider any part of the record not specifically

referenced in the parties’ separate statement of facts.

(g) Facts Admitted for Purpose of Summary Judgment. Facts deemed admitted solely for

purposes of summary judgment shall not be deemed admitted for purposes other than

determining whether summary judgment is appropriate.

(h) Number of Motions for Summary Judgment. As a general rule, a party may file only one

motion for summary judgment that addresses all issues for which that party seeks summary

judgment. A party may submit multiple motions for summary judgment only after seeking

leave of Court and demonstrating good cause.

LOCAL CIVIL RULE 58 - ENTRY OF JUDGMENT

(a) Judgments/Orders.

Judgments and orders must be on a separate document and shall

bear the caption of the action.

(b) Seaman

ents.

(1) To obtain a judgment based upon a joint stipulation and compromise, a complaint

and a joint motion for approval of the compromise must be filed.

(2) The filing must include:

(A) Statements of the facts claimed by the respective parties;

(B) Copies of all relevant and available medical reports, together with

certification

that the

attached medical reports are all relevant reports that

are

available;

unless requested by the Judge;

(D) A copy of the proposed release.

(3) The Judge must conduct an interview with the plaintiff in open court and on the

record.

If the Court approves the compromise, an order will be entered in substantially the following form:

"ORDER

"Considering

the joint motion of the parties, the statement of facts attached,

annexed medical report, the proposed release, the Court having

independently interviewed the plaintiff and being satisfied that the plaintiff

understands all legal rights and the consequences of the contemplated

settlement that the Court determines to be fair and without making any

determination as to seaman status,

"IT IS

ORDERED

that the compromise

between

plaintiff and

defendant

with

plaintiff in the amount of $ submitted this date, is hereby approved on

the terms set forth in the proposed release."

(4) A

similar procedure may

followed

if a

seaman’s

case is

compromised during trial.

(5) If a matter is compromised after a bona fide complaint has been filed, pursuant

an out-of-court interview with the plaintiff, a copy of the transcript of

such

proceedings shall be filed in the record.

LOCAL CIVIL RULE 62 - STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT

(a) Petitions to Stay Execution of State Court Judgments.

(1) A petitioner who seeks a stay of enforcement of a state court judgment or order

shall attach to the petition a copy of each pertinent state court opinion and

judgment. The petition shall also state whether or not the same petitioner has

previously sought relief arising out of the same matter from this Court or from any

other federal court. The reasons for denying relief given by any court that has

considered the matter shall also be attached. If reasons for the ruling were not

given in a written opinion, a copy of the relevant portions of the transcript shall be

supplied.

(2) If any issue is raised that was not raised, or has not been fully exhausted, in state

court, the petition shall state the reasons why such action has not been taken.

(b) Bond or Other Security. A bond or other security staying execution of a money judgment

shall be in the amount of the judgment plus 20% of the amount to cover interest, costs, and

any award of damages for delay, unless the Court directs otherwise.

LOCAL CIVIL RULE 65 - INJUNCTIONS AND RESTRAINING ORDERS

An application or a motion for a temporary restraining order or for a preliminary injunction

shall be made in a document separate from the complaint and if not, may not be considered by the

Court. An

application

for a

temporary

restraining order shall be

accompanied

by a

certificate

of the

applicant's attorney, or by an affidavit, or by other proof satisfactory to the Court, stating (1) that

actual notice of the time of making the application, and copies of all pleadings and other papers

filed in the action to date or to be presented to the Court at the hearing, have been furnished to the

adverse party's attorney, if known, otherwise to the adverse par

ty; or (2) the efforts made by the

applicant to give such notice and furnish such copies.

LOCAL CIVIL RULE 65.1 - SECURITY: PROCEEDINGS AGAINST SURETIES

(a) Qualifications of Sureties.

(1) Every bond furnished in connection with a civil proceeding in this Court must have as

surety

either (1) a cash deposit equal to the amount of the bond, (2) an obligation of the

United States Government, or (3) a corporation authorized by the Secretary of the

U. S. Treasury to act as surety on official bonds, pursuant to 31 U.S.C. § 9303-

9309, except that a bond for costs may instead have as surety an individual resident

of the District who satisfies the Court that the individual owns real or personal

property within the District sufficient to justify the full amount of the suretyship.

(2) Only by stipulation of the parties or by order of the Court may some other form of

surety be permitted.

(b) Court Officers Not to Be Sureties. No clerk, marshal, member of the bar, or other officer

of this Court will be accepted as surety on any bond or undertaking in any action or

proceeding in this Court.

LOCAL CIVIL RULE 67 - DEPOSIT IN COURT

(a) Receipt and Deposit of Registry Funds. All funds received in the Registry of the Court

in civil cases whose principal sum is more than $500 will be deposited by the Clerk of Court

with the Court's designated depository, or, if otherwise ordered by the Court, in an interest

bearing account at a rate no lower than ordinary passbook rates. Funds whose principal

sum is $500 or less will be deposited in the Court's U.S. Treasury registry and will bear no

interest. In criminal cases, funds received by the Court for a bail bond will be deposited in

the U. S. Treasury and will bear no interest.

(b) Form of

Order.

(1) A proposed order to deposit funds in the Court's Registry shall specify the amount to

be deposited. If the moving party desires to have the funds placed in a special

investment, a proposed order shall be filed with the Court which shall state the type of

investment

to be made, the

prevailing

rate of

interest,

the length of time the funds are

to be invested, and whether the investment is to be automatically renewed at

maturity.

(2) Unless otherwise

specifically

provided by order of the Court, any interest earned on

registry accounts will accrue to the person or persons

ultimately

found to be entitled to

receive the original principal amount deposited in the Court's Registry.

(c)

Disbursement

of Registry

Funds.

(1) Funds shall be disbursed from the registry of the Court only upon order of a Judge of

this Court. It shall be the responsibility of counsel filing a motion for disbursement

to satisfy the Court of the recipient's entitlement to the funds sought to be disbursed.

(2) A motion for disbursement of registry funds shall set forth the principal sum initially

deposited, the amount

principal funds

be disbursed,

whom the

disbursement is

to be made, complete mailing instructions, and specific instructions regarding

distribution of accrued interest.

(3) Each motion shall be accompanied by a proposed order which shall contain

substantially

the following language: "The Clerk of Court is

authorized

and directed to

draw a check (or checks) on the funds on deposit in the registry of this Court in the

principal amount of $ plus all interest earned less the assessment fee for

the administration of funds, (or state other instruction regarding interest), payable

to (name and address of payee), and mail or deliver the check (or checks) to (payee

or attorney) at (full address with zip code)."

(4) If more than one check is to be issued on a single order, the portion of principal due

each payee must be stated separately.

(5) Counsel must also provide the Social Security number or Tax I.D. number for each

payee

and complete

mailing or delivery

instructions

for each payee.

This

information

shall be submitted to the Clerk of Court’s Finance Department and shall not be filed

into the case record.

(6) On all checks drawn by the Clerk of Court on registry funds, the name of the payee

shall be written as that name appears in the Court's order providing for

disbursement.

(7) The Clerk of Court will issue disbursements as soon after receipt of the order for

disbursement as the business of the Clerk's office allows, except when it is

necessary to allow time for a check or draft to clear or when otherwise directed by

the Court.

LOCAL CIVIL RULE 72 - MAGISTRATE JUDGES; PRETRIAL ORDERS

(a) Method of Review of Magistrate Judge Determination by a District Judge. A motion

to review a Magistrate Judge’s order or an objection to the proposed findings and

recommendation of a Magistrate Judge must be made by filing a motion for review of the

order or an objection to the proposed findings and recommendation, along with a

supporting memorandum.

(b) Referral of Proceedings in Civil Matters. Proceedings in civil matters may be referred

to a Magistrate Judge for decision or for report and recommendation, in accordance with 28

U.S.C. § 636(b)(1)(A) and (B), and any standing orders issued by the District Judge to whom

the case is assigned.

LOCAL CIVIL RULE 73 - MAGISTRATE JUDGES; TRIAL BY CONSENT AND

PPEA

OPTIONS

(a)

Jurisdi

on.

(1) All Magistrate Judges are designated fully to exercise all powers and jurisdiction,

and

perform

to the fullest extent the duties

prescribed

in 28 U.S.C. § 636(a), (b) and

(c).

(2) Nothing in these rules shall preclude the Court, or a Judge of this Court, from

conducting any proceeding itself rather than by a Magistrate Judge.

(b) Referral of Cases. The Clerk of Court shall refer cases to the Magistrate Judges in

accordance with the Court's general orders and standing orders issued by the Judge to

whom the case is assigned.

parties and referral by the District Judge to whom the case is assigned, a

Magistrate

Judge

may conduct any and all

proceedings

in a civil case which is filed in this Court, including the

conduct of a jury or non-jury trial and

post-judgment

proceedings, and shall order the entry of

a final judgment. In the course of conducting such proceeding a Magistrate Judge shall hear

and

determine any

and all

pre-trial

and

post-trial motions which

are

filed

by the parties,

including dispositive motions.

(d) Other Duties. A Magistrate Judge may be assigned additional duties under 28 U.S.C. §

636(b)(3), including the following matters, which are set forth for illustrative purposes only:

(1) Conduct pre-trial conferences, settlement conferences, omnibus hearings, and

related pre-trial proceedings in civil and criminal cases;

(2) Accept waivers of indictment, pursuant to Fed. R. Civ. P. 7(b);

(3) Conduct voir dire and select grand and petit juries for the Court;

(4) Conduct necessary proceedings in a probation revocation action;

(5) Issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus ad

prosequendum, or other orders necessary to obtain the presence of parties,

witnesses, or evidence needed for Court proceedings;

(6) Order the exoneration or forfeiture of bonds;

(7) Conduct proceedings for the collection of civil penalties of not more than $200

assessed under the Federal Boat Safety Act of 1971, in accordance with 46 U.S.C.

§ 4311(d);

(8) Conduct examinations of judgment debtors in accordance with Fed. R. Civ. P. 69;

(9) Conduct

proceedings

for

initial commitment

narcotics addicts

under

Title

III of the

Narcotic Addict Rehabilitation Act;

(10) Perform the functions specified in 18 U.S.C. § 4107, 4108, and 4109, regarding

proceedings

for

verification

of consent by offenders to transfer to or from the United

States and the appointment of counsel therein;

(11) Conduct extradition proceedings pursuant to 18 U.S.C. § 3184;

(12) Discharge indigent prisoners or persons imprisoned for debt under process or

provisions of 28 U.S.C. § 2007;

(13) Issue attachment or order to enforce obedience to an Internal Revenue

Summons to produce books and give testimony under 26 U.S.C. § 6704(b);

(14) Upon application, cause the arrest and detention of seaman in accordance with 22

U.S.C. § 256 - 258; conduct proceedings for disposition of deceased seaman’s

effects

under 46 U.S.C. § 10706, et seq.

conduct hearings

offenses

arising

under

46 U.S.C. § 11501, and submit reports and

recommendations

to the District

Judge;

(15) Review appeals of Social Security cases and submit a report and

recommendation to the District Court;

(16) Enter a scheduling order and modify a scheduling order upon a showing of good

cause under Fed. R. Civ. P. 16(b);

(17) Issue Order for Service by Publication under 28 U.S.C. §

1655; (18) Issue appropriate Orders for Execution of Judgment;

(19) Issue Orders confirming sales by the U. S. Marshal under 28 U.S.C. § 2001 and

2004.

(20) Perform any additional duty that is consistent with the Constitution and laws of the

United States.

LOCAL CIVIL RULE 77 - DISTRICT COURTS AND

CLERKS

Conference in Chambers -

Not

Except as to applications normally considered and acted upon ex parte, no ex parte

communication with a Judge in chambers is allowed, except upon notice of the date and hour

of the proposed conference to opposing counsel, or if counsel is unknown, to the opposing

party.

LOCAL CIVIL RULE 78 - MOTION DAY

(a) Motion Day. Each Judge may designate a particular day or days as Motion Day. On

this day priority may be given to the presentation of motions. Motions may also be

designated for hearing at some other time by order of the Judge to whom the action is

assigned. On Motion Day, the Court may also consider reviews from Magistrate

Judges' rulings,

contradictory motions requiring action by

the Court after hearing

and

other

matters

required by law or court order to be heard and determined summarily.

(b) Oral Argument.

Oral argument shall be allowed only when ordered by the Court. All other

motions

shall be

decided

by the Court on the basis of the record,

including timely

filed briefs

and any supporting or opposing documents filed therewith.

LOCAL CIVIL RULE 79 - BOOKS AND RECORDS KEPT BY THE CLERK OF COURT

ENTRIES THEREIN

(a) Withdrawal of Files. Files in the office of the Clerk of Court may be removed from it

only for the use of the court or with leave of court or permission of the Clerk of Court

first obtained.

(b) Electronic Evidence for Trials. Evidence offered during trial shall be provided by

each party in electronic format as described in the Court’s Administrative Procedures,

court orders, and notices.

Evidence offered during

proceedings other than trial shall be provided by each party in electronic format as

described in the Court’s Administrative Procedures, court orders and notices.

(d) Custody of

Exhibits

With the Clerk of

Court

(1) These rules provide for all exhibits

offered and received

evidence

to be

submitted in electronic format; therefore, the electronic evidence becomes the

official record.

(2) After being received in evidence, all exhibits shall be placed in the custody of

the Clerk of Court, in electronic format, as outlined in the Court’s Administrative

Procedures, court orders and notices, unless otherwise ordered by the Court.

(e) Custody of

Exhibits

With the Offering

Part

(1) Offering parties are required to submit digital photographs of all oversized

physical exhibits, received

into

evidence (e.g., models, enlarged

diagrams),

properly showing significant features of those exhibits.

(2) At the

conclusion

of a trial or

proceeding,

the

party

offering such

exhibits shall

retain

custody

of the physical exhibits and be

responsible

to the Court for

preserving them in their condition as of the time admitted until any appeal is

resolved or the time for appeal has expired.

(3) The party retaining custody shall make such exhibits available to opposing

counsel for use in preparation of an appeal and be responsible for their safe

transmission to the appellate court, if required.

(f) Disposition of Exhibits.

All exhibits in the custody of the Clerk of Court shall be

removed within thirty days of the final disposition of the case. The party offering

exhibits shall be responsible for their removal and shall give a detailed receipt for the

clerk's records. If the

parties

or their

attorneys

fail or refuse to remove exhibits within

thirty

days, the exhibits may be destroyed or otherwise disposed of by the Clerk of Court.

(g) Offer and Marking of Exhibits.

Before referring to or using or offering in evidence

any exhibit, (whether book, paper, document, model, diagram, or any other type of

exhibit), counsel shall first ensure that it is marked for identification.

LOCAL CIVIL RULE 83 - RULES BY DISTRICT COURTS; JUDGES' DIRECTIVES

(a) Naturalization.

The District Court administers the Oath of Allegiance to applicants

for naturalization.

(b)

orneys.

(1) Roll of

Attorneys

The bar of this Court consists of those lawyers admitted

to practice before this Court who have taken the prescribed oath.

(2)

Eligibility

Any member in good standing of the bar of the Supreme Court

of Louisiana is eligible for admission to the bar of this Court.

(3) Procedure for

Adm

ssi

(A) Each applicant for admission to the bar of this Court shall file with the

Clerk of Court a written petition signed by the applicant and endorsed by

two members of the bar of this Court listing the applicant's office address,

general and legal education, the courts that have admitted the applicant

to practice, and stating that the applicant is qualified to practice before

this Court, is of good moral character, and is not subject to any pending

disbarment or professional discipline procedure in any other court. If the

applicant has previously been subject to any disciplinary proceedings,

full information about the proceedings, the charges, and the result must

be given.

(B) The petitioner may then be admitted in open court, or in chambers,

by electronic means or by mail, and upon taking an oath to conduct

oneself as an attorney or counselor of this Court uprightly and according

to law and to support the Constitution of the United States. The

petitioner shall then, under the direction of the Clerk of Court, pay the

fee required by law and any other fee required by the Court. Unless a

motion

for

admission

is made within six months of the filing of the petition,

the Clerk of Court may destroy the petition and a new petition will be

necessary

before the applicant can be admitted.

(4)

Attorneys Representing

the United States. Attorneys representing the

United States or any of its departments, agencies, or employees are permitted

to appear on behalf of the United States government and to represent its

interests in any matter in which the United States government is interested, upon

written request to the Clerk of

Court

and proper

introduction

to the Court by the

United States

Attorney for the District or one of the Assistant United States

Attorneys.

(5) Payment of Annual Fees.

(A) In addition to the fee paid upon admission to the bar of this Court, every

attorney so admitted shall pay to the Clerk of Court an annual fee in

an amount to be determined by the Court. The fee shall be paid triennially

not later than January 31 of the calendar year in which such payment is

due.

(B) At the time of admission, the attorney must make the initial triennial

payment. Such fee will not be prorated within any calendar year, but an

attorney first admitted in the second or third year of any triennial period

will be required to make proportionate payment only for those years of

such period in which the attorney’s membership in the bar is effective.

summarily

suspended, provided a notice of delinquency has been sent to the

attorney’s last address known to this Court at least thirty days prior to

such suspension.

(D) Any attorney suspended under the provisions above shall be

automatically reinstated without further order upon payment of all

arrears.

(E) An attorney who has retired or is not engaged in the practice of law before

this Court may advise the Clerk of Court in writing of the desire to assume

inactive status and discontinue the practice of law before this Court.

Upon the filing of such notice, the attorney shall no longer be eligible to

practice law in this Court and shall not be obligated for further payment

of the fee prescribed herein.

(F) Upon a filing of a notice to assume inactive status, the attorney shall be

removed from the roll of those classified as active until and unless

the attorney requests and is granted reinstatement to the active rolls.

Reinstatement shall be granted (unless the attorney is then subject to

an outstanding order of suspension or disbarment) upon the payment of

any fees due as prescribed by this Rule.

(6) Rules of Conduct. This Court hereby adopts the Rules of Professional

Conduct of the Louisiana State Bar Association, as hereafter may be amended

from time to time by the Louisiana Supreme Court, except as otherwise provided

by a specific rule or general order of a court.

(7)

Attorney Representation

In all cases before this Court, any party who does

not appear in proper person must be represented by a member of the bar of this

Court, except as set forth below.

(8)

Visiting

torneys

(A) Any member in good standing of the bar of any court of the United States

or of the highest court of any state and who is not a member of the bar

of this Court, may, upon written motion of counsel of record who is a

member of the bar of this Court, by ex parte order, be permitted to

appear and participate as co-counsel in a particular case. Those

attorneys authorized to appear pursuant to Fed. R. Civ. P. 45(f) are

excluded from this Rule.

(B) The motion must have attached to it a certificate from the presiding

Judge or Clerk of the highest court of the state, or court of the United

States, issued within six months of filing of the motion, where the

attorney

has been so admitted to practice, showing that the applicant attorney

has been so admitted in such court, and that the applicant is in good

standing.

proceedings

or criminal charges have been instituted against the

applicant, and if so,

shall disclose full information

about the

proceeding

charges

and the ultimate determination, if any.

(D) The applicant attorney shall pay a fee to the Clerk of Court in an amount

to be determined by the Court and shall submit the following oath:

I DO SOLEMNLY SWEAR (OR AFFIRM OR PROMISE) that I will

conduct myself as an attorney and counselor of this Court,

uprightly and according to law; and that I will support the

Constitution of the United States.

(E) An attorney permitted to appear may participate in a particular action

or proceeding in all respects, except that all documents requiring

signature of counsel for a

party

may not be signed

solely

by such

attorney,

but must bear the signature also of local counsel with whom the visiting

attorney is associated.

(F) Local counsel shall be responsible to the Court at all stages of the

proceedings.

(G) Designation of the visiting attorney as “Lead Attorney” pursuant to

LR11(b)(1) herein shall not relieve the local counsel of the

responsibilities imposed by this Rule.

(H) The fee described in this Rule is

applicable

in each case in which the

visiting attorney seeks recognition as qualified counsel.

(9) Waiver by Court Order of

Requirements

for Local Counsel. In any civil

action a counsel who is ineligible to become a member of the bar of this Court

under LR83.2(b)(2), may be authorized by court order to appear and act for

any party without joinder of local co-counsel when it is shown that:

(A) The party would suffer hardship by joinder of local counsel; and

(B) The obligations and duties of counsel in the particular litigation

will be fulfilled.

(10)

Familiarity

With and

Compliance

With Rules. Everyone who appears in

Court in proper person and every attorney permitted to practice in this Court

shall be familiar with these Rules. Willful failure to comply with any of them,

or a false certificate of compliance, shall be cause for such disciplinary action

as the Court may see fit, after notice and hearing.

(11)

Revocation

Adm

ssi

(A) Any person admitted to practice before the Court shall give written notice

to the Clerk of Court of:

(i) Disbarment or suspension by any court or bar association; and

(ii) Conviction of any felony violation of any laws, misdemeanors,

or municipal ordinances, other than traffic violations.

(B)

Pending any appeal

the conviction, suspension,

disbarment,

member of the bar of this Court may be suspended from further practice

before this Court.

disciplined after such hearing as the Court may in each particular

instance direct, but any member of the bar of this Court who has been

disbarred or removed, or hereafter may be disbarred or removed, from

the Bar of the State of Louisiana, shall be removed from the bar of this

Court and the member’s name stricken from the roll. Upon notification

from the Eastern or Western District of Louisiana or the Fifth Circuit

Court of Appeals of an attorney’s suspension in that court, that attorney

being a member of the bar of this Court may be suspended from further

practice before this Court.

(12)

Attorney

sci

(A) After notice and an opportunity to show cause to the contrary, any Judge

including active Judges, Senior Judges, Bankruptcy Court Judges,

and Magistrate Judges may sanction any attorney for failure to comply

with these rules, the Louisiana Rules of Professional Conduct, or any

other rule of court.

(B) A Judge initiating

disciplinary proceedings

against an attorney shall

provide written notice in the form of an Order to Show Cause. The Order

to Show Cause shall (1) state the alleged grounds for discipline, (2) state

the range of possible sanctions to be imposed, and (3) inform the attorney

of the right to counsel

throughout

the

disciplinary

proceedings. The Clerk

of Court shall assign the Order to Show Cause a miscellaneous action

number, and shall forward a copy of the Order to Show Cause to the

attorney named in the Order, and to the Chief Judge.

(C)

Unless otherwise indicated

in the Order to

Show

Cause, the attorney

named in the Order to Show Cause shall have fourteen days to file a

response, if any. After the period for filing a response has elapsed,

the Court shall conduct a hearing on the disciplinary action. The

hearing shall be public and on the record.

(D) If, after a hearing, it is shown by clear and convincing evidence that

the attorney committed the violations that are the basis of the Order to

Show Cause, the initiating Judge shall have

discretion

to impose such

disciplinary action as the Judge may see fit. Possible sanctions include,

but are not limited to, reprimand, ethics training, suspension from

practice

in the Middle District, and/or civil fines. However, before an attorney may

be suspended from practice in the Middle District for a period exceeding

sixty days, the approval of the Chief Judge or the approval of the active

Judges of the Middle District must be obtained.

(E) Upon

imposition

of any sanction which

includes

suspension from practice

in the Middle District, the Clerk of Court shall report the attorney and

the sanction(s) imposed to the Clerks of Court for the U.S. Fifth Circuit

Court of

Appeals,

the

Eastern District

Louisiana,

the

Western District

Louisiana, and the Bar of the State of Louisiana.

(13)

Continuing Representation, Withdrawals, Substitution

of Counsel.

The

original counsel of record shall be held to represent the party for whom counsel

appears unless the Court permits said counsel to withdraw from the case.

Counsel may obtain permission only upon joint motion to substitute counsel or

upon a written motion served on opposing counsel and the client before the

Court acts. If other counsel is not thereby substituted, the motion to withdraw

shall contain the present address of the client and the client's telephone number

if the client can be reached by telephone. The motion shall contain a certification

by counsel that the client has been notified of all deadlines and pending court

appearances. The certificate of service accompanying the m

otion shall indicate

that it was served on the client by certified mail or an affidavit shall be included

stating why such service has not been made.

(14)

Additional

Counsel. Where counsel has appeared for any party, other

counsel may appear for the same party only:

(A) Upon motion of counsel of record for that party, or motion consented to

by additional counsel; or

(B) Upon motion, after counsel for the party has been permitted to withdraw

or has died, or is incapacitated, or cannot be found; or

and a hearing thereon.

(15)

Appearances

by Law

udents

(A) Limited appearances by law students, if the person on whose behalf

the student is appearing has consented to that appearance in writing

and the

supervising lawyer has also approved the appearance in

writing,

are

allowed in any civil matter in which a fee is not provided for or could

not reasonably be anticipated.

(B) The written consent and approval referred to above shall be filed in

the record of the case and shall be brought to the attention of the Judge.

proceedings and shall be responsible for the manner in which they are

conducted.

(D) Prerequisites to Law Student Appearances

In order to make an appearance pursuant to this rule, the law student

must:

(i) Be duly enrolled in a law school in this state approved by

the American Bar Association;

(ii) Have completed four full-time semesters of legal studies or

the equivalent if the school is on some basis other than a

semester basis;

(iii) Be certified by the dean or chancellor of the student’s law school

as being of good moral character, competent legal ability, and

adequately trained to perform as a legal intern;

(iv) Be introduced to the Court by an

attorney

admitted to practice in this

Court;

(v) Neither ask for nor receive remuneration of any kind for

services;

(vi) Take the following oath:

"I, , do solemnly swear that I will support

the Constitution of the United States and of the State of

Louisiana and have read and am familiar with the Code of

Professional Responsibility of the Louisiana State Bar

Association, and I understand that I am bound by the

precepts therein contained as fully as if I were admitted

to the practice of law in Louisiana; and that I further

accept the privileges granted to me as well as the

responsibilities which will devolve upon me, so that I may

be more useful through my clinical education in the

service of justice."

(E) Certification of Students

The certification of a student by the law school dean or chancellor:

(i) Shall be filed with the Clerk of Court and, unless sooner

withdrawn, it shall remain in effect for twelve months after it is

filed, or until the announcement of the results of the first bar

examination following the student's graduation, whichever comes

earlier. For any student

who passes that examination, the

certification

shall

continue in

effect until the date one is admitted

to the bar;

(ii) May be withdrawn by the dean or chancellor at any time by

mailing a notice to that effect to the Clerk of Court. The notice

need not state the cause for withdrawal;

(iii) May be terminated by this Court at any time without notice

or hearing and without any

showing

of cause. Notice of the

termination may be filed with the Clerk of Court.

(F) Supervision of Students

The member of the bar under whose supervision an eligible law student

works shall:

(i) Be admitted to practice before this Court, and be approved by

the dean or chancellor of the law school in which the law

student is enrolled for service as a supervising lawyer for this

program;

(ii) Assume personal professional responsibility and liability for the

student's guidance in any work undertaken and for supervising

the quality of the student's work;

(iii) Assist the student in the student’s preparation.

(16)

Courtroom

Decorum. The purpose of this Rule is to emphasize, not to

supplant, certain portions of those ethical principles applicable to the lawyer's

conduct in the courtroom. In addition to the other requirements, therefore,

lawyers appearing in this Court, unless otherwise directed by the presiding

Judge, shall:

(A) Stand as court is opened, recessed, or adjourned.

(B) Stand when the jury enters or retires from the courtroom.

Court.

(D) Stand at the lectern while examining any witness; except that counsel

may approach the clerk's desk or the witness for purposes of handling

or tendering exhibits.

(E)

Stand

the lectern while making opening statements

or closing

arguments.

(F) Address all remarks to the Court, not to opposing counsel.

(G) Avoid disparaging personal remarks or acrimony toward opposing

counsel and remain wholly detached from any ill feeling between the

litigants or witnesses.

(H) Refer to all persons, including witnesses, other counsel, and the parties by

their surnames and not by their first or given names.

(I) Only one attorney for each party shall examine, or cross examine, each

witness.

(J) Counsel should request

permission

before

approaching

the bench; and any

documents counsel wish

have the Court examine should

handed

the clerk.

(K) Any paper or exhibit not previously marked for identification should first

be handed to the clerk before it is tendered to a witness for the

person’s examination; and any exhibit offered in evidence should, at the

time of such offer, be handed to opposing counsel.

(L) In making objections, counsel should state only the legal grounds for the

objection and should withhold all further comment or argument unless

elaboration is requested by the Court.

(M) In examining a witness, counsel shall not repeat or echo the answer

given by the witness.

(N) Offers of, or requests for, a stipulation should be made privately, not

within hearing of the jury.

(O) In opening statements and in arguments to the jury, counsel shall not

express

personal knowledge

or opinion concerning any matter in issue,

and shall not suggest to the jury, directly or indirectly, that it may or

should request transcripts or the reading of any testimony by the

reporter.

(P) Counsel shall admonish all persons at counsel table, including the client,

as well as others present in court, including but not limited to the client’s

representatives, witnesses, friends and family

parties that gestures,

facial expressions, audible comments, or the like, as manifestations of

approval or disapproval during the testimony of witnesses, or at any

other time, are absolutely prohibited.

(Q) At all times Judicial Officers shall be addressed as Judge (Surname),

Your Honor.

(R) All attorneys shall dress

appropriately

when appearing or observing in

court or chambers. Male attorneys shall wear coats and ties; female

attorneys shall wear business attire. This attire is required regardless of

whether the a

ttorney

is appearing as attorney of record. Litigants,

witnesses, jurors, and spectators shall be neatly, cleanly, and

appropriately attired.

(c)

Building

Securi

(1) Reasons for

Building

Security. The purpose of these rules is to minimize

interference with and disruptions of the Court's business, to preserve decorum

in conducting the Court's business and to provide effective security in the

buildings wherein proceedings governed by these Rules are held. These

buildings are hereinafter collectively referred to as "the premises".

(2) Security Personnel. The term "Security Personnel" means the U.S. Marshal

or Deputy Marshal, Federal Protective Service Inspectors or a deputized Court

Security Officer.

(3) Entering the

Building

All persons entering the courthouse shall be required

to present valid government issued identification.

(4) Carrying of Parcels, Bags, and Other Objects. Security personnel shall

inspect all objects carried by persons entering the premises. No one shall enter

or remain in the premises without submitting to such an inspection.

(5) Search of Persons.

Security personnel

may

the person of anyone entering

the premises or any space in it. Anyone who refuses to permit such a search shall

be denied entry. Should any defendant in a criminal case whose appearance

is required refuse to permit such a search, security personnel shall deny the

person entry and shall immediately notify the Judge before whom the

appearance is required. The Judge may take the appropriate action, including,

but not limited to, detention and search, and order of revocation of bond, if the

defendant is on bond.

(6) Unseemly

Conduct

No person shall:

(A) Loiter, sleep, or conduct oneself in an

unseemly

disorderly

manner in

the premises or on court grounds;

(B) Interfere with or disturb the conduct of the Court's business in any

manner;

unless

authorized by the Court;

(D) Block any entrance to or exit from the premises or interfere in any

person's entry into or exit from the premises.

(7) Entering and Leaving. All persons shall enter and leave courtrooms only

through such doorways and at such times as shall be designated by the security

personnel.

(8)

Spectators

Spectators shall enter or depart courtrooms only at such times as

the presiding Judge may direct. No spectator shall enter or remain in any

courtroom unless spectator seating is available. Spectators shall sit in that

portion of the courtroom designated by the U.S. Marshal. Spectators excluded

because of lack of seating and spectators leaving the courtroom while court is in

session or at any recess shall not loiter or remain in the area adjacent to the

courtroom. All persons

present in

courtroom shall

conduct themselves in

manner demonstrating

respect for the Court and all persons must dress with

dignity.

(9) Cameras and

Electronic Equipment

(A) Unless authorized by the Court, no camera, recording equipment,

cellular telephone, tablet, pager, laptop computer or other type of

electrical or electronic device shall be brought into the premises. No

person shall introduce or attempt to introduce any type of camera,

recording equipment, or other type of

electrical

electronic device

into the

premises

without court permission. No person shall introduce any type

of camera, recording equipment or other type of electric or electronic

device into the premises while, or immediately before or after, the grand

jury is in session.

(B) Attorneys appearing before the Court and serving as counsel of record

and law enforcement officers are allowed to enter the courthouse with a

cell phone, pager, smart phone, laptop, or tablet without seeking

permission from the Chief Judge or any other judicial officer. While in the

courtroom or chambers the use of the cell phone is limited to accessing

the calendar

feature, provided

the

Judge

has so

directed. Attorneys

and

law

enforcement officers seated in the courtroom may not use cell

phones, pagers, smart phones, laptops or tablets, unless otherwise

permitted by the presiding Judge.

into the building is subject to the following sanction: Any cell phone,

pager, smart phone, laptop or tablet which rings or makes any other

noise in the courtroom, chambers or in the hallways outside of a

courtroom shall be subject to seizure and may not be returned to the

owner.

(10)

Photographs,

Radio, or

Television Broadcast

ing

(A) The taking of photographs in the courtroom or its environs, or radio

or television broadcasting from the courtroom or its environs, during the

progress

or in

connection

with

judicial

proceedings, including

proceedings before a judicial officer, whether or not court is actually in

session, is prohibited.

(B) As used in these rules the term "environs" means any place within any

United States Courthouse wherein these Rules apply, and any place

wherein a Judicial Officer may conduct judicial proceedings and any

public place immediately adjacent thereto.

from all areas of the courthouse grounds other than the areas

expressly

permitted in this paragraph. Permitted areas consists of the area located

east and directly adjacent to the south half of the front courthouse steps,

referred to as the “media bullpen,” and the public sidewalks and

flagpoles area located on the perimeter of the courthouse block (see

diagram posted on the Court’s website).

(D) No area within the bullpen may be reserved for exclusive use of any one

or more entities.

(E) Media interviews on the courthouse grounds shall be conducted only in

the media bullpen, the flagpoles area, and the portion of the public

sidewalks. Media interviews shall occur solely at the discretion and

convenience of the parties, witnesses, attorneys, and others.

(F) No member of the media may be present at any time in the restricted area

located on the west side of the rear of the courthouse property (located

Street between Florida and Laurel

Streets).

(G) The media are prohibited from interfering with the orderly entrance or

exit of any person to or from the courthouse.

(H) Members of the media should visibly display their Louisiana State Police

media identification card or its equivalent on the outside of the holder’s

clothing at all times.

(11)

Unauthorized

Presence When Grand Jury Is in Session. No person,

except grand jurors, witnesses, government attorneys, agents or employees,

court personnel concerned with any grand jury proceeding, private attorneys

whose clients have been called to appear as witnesses at a session of the grand

jury then in progress or about to commence, and others specifically authorized,

shall be allowed to remain in the hall adjacent to the grand jury space beyond the

entrance door.

(12)

Interviewing

Witnesses Before Grand Jury.

No person shall attempt

question, interview, or interfere with any person who may testify or who has

testified before any grand jury within the premises.

(13) Weapons. No person shall be

admitted

to or allowed to

remain

in the

premises

with any object that might be employed as a weapon unless the person has

been authorized in writing by the Chief Judge to do so, or unless the person is

a U.S. Marshal, Federal Protective Service Inspector, Court Security Officer, U.

S. Probation Officer, or person designated by the Court to assist U.S. Marshals

or Federal Protective Service Inspectors.

(14)

Enforcement.

Security personnel

shall enforce the whole of Rule 83.3. In

addition to such other penalties as may be prescribed by law, violators of this

rule may be held in contempt of court and subject to the imposition of sanctions.

(d)

Bankrupt

(1)

Reference to

Bankruptcy

Judge. Under the authority of 28 U.S.C. § 157

the

District Court refers to the Bankruptcy Judges of this District all cases under

Title 11 and all

proceedings

arising under Title 11 or arising in or related to a case

under Title 11. As set forth in 28 U.S.C. § 157(b)(5), personal injury tort and

wrongful death claims shall be tried in the District Court.

(2)

Appeal to the

District

Court. Appeals from judgments, orders, or decrees

Bankruptcy Judge shall be governed by Part VIII of the Bankruptcy Rules (Section

8001, et seq.) and the applicable local rules of the District and Bankruptcy

Courts.

(3) Motion Seeking Relief From a

District

Judge. Motions filed seeking relief

from

a District Judge, including motions under 28 U.S.C. § 157(d) (for

withdrawal

reference), 28 U.S.C. § 157(c)(1) (objections to proposed

findings of fact

and

conclusions of law), and Bankruptcy Rule 8005 (for stay

pending appeal), shall

governed by the Rules set out below.

(A) Original Motion

(i) Applicable Rules. The Local Rules for the District Court shall

be applicable to all motions filed in bankruptcy cases or

proceedings seeking relief from a District Judge. In those

instances where the

Bankruptcy

Rules require a report from the

Bankruptcy

Judge, (e.g.,

Bankruptcy

Rules 5011(b) and 9027(e)),

the local

Bankruptcy

Rules shall apply until such report is issued.

(ii) Place of Filing. All motions described in this section above shall

be filed with the Clerk of the Bankruptcy Court.

(iii) Contents of Motion. In addition to the normal requirements

of papers filed in the Bankruptcy Court, motions described in this

section above shall include:

(a) A clear and conspicuous statement opposite the title of

the

action

that

"RELIEF

SOUGHT FROM

UNITED

STATES DISTRICT JUDGE."

(b) A designation of the portions of the record of the

proceedings in the Bankruptcy Court that will reasonably

necessary

or pertinent for

consideration

of the motion

by the District Court.

and for each party shown, their attorney along with such

attorney's mailing address.

(iv) Subsequent Filings. Any filing in a matter under this section

subsequent

to the

"Original Motion"

set

forth above shall

filed

with the Clerk of the District Court and shall comply with all rules

of such court.

(v) Duties of the Clerk of the Bankruptcy Court. Upon filing of

original motion,

as set forth

above,

the Clerk of the

Bankruptcy

Court shall promptly transmit to the Clerk of the District Court:

(a) The original motion and all attachments to the motion, and

(b) The portion of the bankruptcy court record designated

in accordance with Rule (3)(b) above.

(B) No Automatic Stay. There shall be no automatic stay of Bankruptcy

Court proceedings as a result of the filing of any motion under the

above. Any stay of

proceedings

will result only from an order of the

Bankruptcy

Court or the District Court.

and their attorney to apprise the Bankruptcy Court and the United States

District Court of orders entered in either forum which significantly affect

matters pending in either forum.

(4) Record

Transmitted

to the

District

Court

(A) The authority to retain any portion of the record on appeal or in connection

with a motion seeking relief from a District Judge is delegated to the Clerk

of the

Bankruptcy

Court. The Clerk of the

Bankruptcy

Court will transmit

an email to the District Court listing the documents pertaining to the

appeal or motion. The District Clerk will obtain those documents via

the PACER [Public Access to Court Electronic Records] system.

(B) In the event that papers are retained in the Bankruptcy Court and

certified copies are

transmitted

to the District Court, the

Bankruptcy

Court

may order the party upon whose instance the papers were required to

reimburse the Clerk of the Bankruptcy Court for the cost of making the

copies.

LOCAL ADMIRALTY RULES

LOCAL ADMIRALTY RULE 4 - SUMMONS AND PROCESS

(a)

Process.

(1) In addition to the requirements set forth in Rule B of the Supplemental Rules for

Admiralty or Maritime Claims and Asset Forfeiture Actions, the Clerk of this Court

shall not issue a summons and process of attachment and garnishment until such

time as the verified complaint and affidavit filed pursuant to Supplemental Rule B is

reviewed by the Court and it determines if the conditions set forth in Rule B appear

to exist and enters an order so stating, and authorizing process of attachment and

garnishment. Supplemental process enforcing the Court's order may be issued by

the Clerk of Court upon application without further order of the Court. If the plaintif

plaintiff’s attorney

certifies that exigent

circumstances

make review by the Court

impracticable, the Clerk of Court shall issue a summons and process of attachment

and garnishment and the plaintiff shall have the burden on a post-attachment

hearing under LAR 4.1(C) to show that exigent circumstances existed.

(2) In connection with actions in rem pursuant to Supplemental Rule C, the verified

complaint

and

supporting affidavit

filed in

connection therewith

shall be

reviewed

the Court and no warrant for the arrest of a vessel shall issue unless the Court

determines that the conditions for an action in rem appear to exist, and enters an

order so stating, and authorizing a warrant. Supplemental process enforcing the

Court's order may be issued by the Clerk of Court upon application without further

order of the Court. If the plaintiff or plaintiff’s attorney certifies that exigent

circumstances make review by the Court impracticable, the Clerk of Court shall

issue a summons and war

rant for the arrest and the plaintiff shall have the burden

on a post-arrest hearing under LAR 4.1(C) to show that exigent circumstances

existed.

(3) The procedure for release from arrest or attachment either pursuant to

Supplemental Rule B or C shall be as follows: Whenever property is arrested or

attached, any person claiming an interest in it shall be entitled to a prompt hearing at

which the plaintiff shall be required to show why the arrest or attachment should not

be vacated or other relief granted consistent with these rules. This rule shall have

no application to suits for seamen's wages when process is issued upon a

certification of sufficient cause signed pursuant to 46 U.S.C. § 603 and 604.

(4) If the Judge to whom the particular case is assigned is not available, matters

referred to in this LAR 4 (a) may be presented to any other Judge without the

necessity of reassignment of the case.

(5) To ensure timely service, Plaintiffs are required to contact the United States

Marshal’s Service before proceeding for a complete list of instructions.

(6) Absent specific instructions from the Court as stated in the Court’s orders, the

United States Marshal’s Service will not arrest a vessel that is sinking or sunk, on

fire, leaking oil, or emitting hazardous cargo.

(7) Staffing limitations, the priority of criminal matters, and the coordination necessary to

effect the arrest of a vessel make it advisable to deliver all documents and fees to

the United States

Marshal’s Service

at least two business days in advance of the

requested date of arrest. Due to the dangers associated with the seizure of a

vessel in waters after dark, seizures will not be executed after sundown unless

specifically ordered by the presiding Judge. All properly completed and signed

documents, and all fees must be delivered to the United States Marshal’s Service

no later than 2:00 p.m. Monday through Friday to effect a seizure on the same day, or

no lat

er than 2:00 p.m. on Friday to effect a seizure on the weekend.

(8) Any party seeking the arrest of a vessel or attachment of property must deposit a

sum with the Unites 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.

LOCAL ADMIRALTY RULE 64 - SEIZURE OF PROPERTY

(a) Publication and Time to Claim and Answer Where Publication Necessary and Under

Supplemental Rule C(4).

(1) In all cases where

publication

necessary

under

Supplemental

Rule C(4), the time for

filing a claim is hereby extended for a period of twenty-one days from the date of the

publication.

(2) The published notice shall contain the title and the number of the suit, the date of

the arrest and identity of the property arrested, the name of the United States

Marshal, and the name and address of the attorney for the plaintiff. It shall also

state that claimants must file their claims pursuant to Supplemental Rule C(6) with

the Clerk of Court and serve them on the attorney for plaintiff within twenty-one

days after the date of first

publication,

or within such further time as may be allowed by

the Court, and must serve their answers within twenty-one days after the filing of

their claim; that, if they do not, default

may be entered and condemnation ordered;

and that application for intervention under Fed. R. Civ. P. 24, by persons claiming

maritime liens or other interests may be

untimely

if not filed within the time allowed for

claims to possession.

(b) Release of Vessel or Property Under Supplemental Rule E(5)(c). The United States

Marshal is further authorized to release a vessel or property if the party at whose instance

the vessel or property is detained or the party’s attorney, expressly authorizes the United

States Marshal in writing to release the vessel or property, and agrees in writing to hold the

Marshal and his deputies forever harmless of and from any and all liability as a result of the

release of the vessel or other property pursuant to such authorization. At the same time,

the party or the party’s attorney must certify that all costs and charges of the Court and its

officers have either been paid or that none are due.

case, the United States Marshal is authorized to move the vessels under seizure by him

within the District in such a manner and at such times as he, acting as a prudent

administrator, finds to be necessary to their proper safeguarding and preservation while

under seizure.

Further,

and without an

order

Court,

he is

authorized

permit

the moving of

vessels anywhere within the area of the District when the party at whose instance the vessel

is detained and its owner, or the owner's attorney, expressly authorizes in writing such a

movement and agrees in writing to hold the United States Marshal

and all his deputies

harmless from any and all liability as a result of any such move.

(d) Consent Guardian. The United States Marshal is authorized, without special order of

Court, to appoint the master of the vessel or another competent person as keeper or

custodian of any vessel under seizure with their consent, provided that all parties to the

action or their attorneys shall have expressly consented in writing to the appointment and

shall have agreed in writing to hold the United States Marshal and all of his deputies

harmless from any and all liability as a result of the appointment. However, plaintiffs are

admonished

to make

every reasonable

advance effort to

secure

substitute custodian

and to

coordinate issues concerning the appointment of a substitute custodian w

ith the United

States Marshal, and to arrange for advance compliance whenever practical, before filing

any complaint which seeks the issuance of warrant for arrest or execution by the United

States Marshal.

(e) Notices. Unless otherwise ordered by the Court, or otherwise provided by law, all

notices required to be published by statute, rule, or order of court shall be published in the

following newspaper: The Advocate.

(f)

Sales.

(1) Notice. Unless otherwise ordered by the Court or otherwise provided by law,

notices of sale of arrested or attached vessels or property shall be published on

three different days, the first of which shall be published at least ten days and the

last at least three days before the day of the sale.

(2) Confirmation. In all public auction sales of admiralty by the United States Marshal of

this Court, the United States Marshal shall require the last and highest bidder to

whom the property is adjudicated to deposit a minimum of $500.00 or 10% of the

bid, whichever is greater, in cash or certified check, or cashier's check on a local

bank. In the event that the last and highest bid should be for an amount not in

excess of $500.00, its full amount shall be paid at the time of adjudication. The

balance, if any, of the purchase price shall be paid in cash or by certified or cashier's

check on a local bank on or before confirmation of the sale by the Court and within

ten days of the adjudication or dismissal of any oppos

ition which may have been

filed.

(3) At the conclusion of the auction, the United States Marshal shall forthwith report to

the Court the fact of the sale, the price brought, and the name of the buyer, and the

Clerk of Court shall endorse upon such report, the time and date of filing. This

report shall lie over for three days, exclusive of Saturdays, Sundays, and legal

holidays. If within these three days no written objection is filed, the sale shall be

confirmed as of course, provided that no sale shall be confirmed until the buyer

shall have performed the terms of the purchase. In the event no opposition to the

sale shall have been made, the cost of keeping the property

pending confirmation

shall be paid out of the proceeds of the sale; except that if the confirmation is

delayed by the purchaser's failure to pay any balance which is due on the price, the

cost of keeping the property shall be borne by the purchaser after the three day

period shall have lapsed. In the event an opposition to the sale is filed, the

opponent shall be required to deposit with the United States Marshal, in advance,

cost of keeping the property pending the determination of the opposition by the

Court; in default of the opponent making the advance, the opponent’s opposition

shall fail without affirmative action by the Court. If the opposition fails, the cost of

keeping the property during its pendency shall be borne by the opponent.

(4) At the auction, the United States Marshal shall take, record, and report the cost, the

name and address of the second highest bidder, and the amount of that second

highest bid. In the event that the highest bidder fails to meet the financial obligation

pertaining to the bid, the Court may, with the approval of the party or parties at

whose instance the sale has been ordered, and of the second highest bidder,

confirm the sale to said party.

LOCAL ADMIRALTY RULE 65.1 - SECURITY

(a) Security for

Costs.

(1) Except in suits in forma pauperis, or in suits where by statute a party is relieved of

prepaying fees and costs or of giving security therefor, or unless otherwise ordered by

the Court, no process in rem or of attachment shall issue unless the party

requesting issuance files a stipulation in the sum of $250.00 with good and solvent

surety, conditioned as provided in Supplemental Rule E(2)(b).

(2) Whenever in these Rules the filing of a bond or stipulation is required or permitted,

the party required or permitted to file such bond or stipulation may, in lieu thereof,

deposit the requisite amount of money in the registry of the Court as security.

(b)

Suret

es.

(1) In all cases where the surety on a bond or stipulation for the release of a vessel or

other property under seizure is not a corporate surety holding a certificate of

authority from the Secretary of the Treasury, and the bond or stipulation is not

approved as to amount and nature by the party at whose instance the vessel or

other property is detained, or by party’s attorney, the vessel or property shall not be

released without an order of a Judge, on reasonable notice and contradictorily,

approving the surety. In the absence of the Judge’s approval, the approval of the

Clerk of Court, on like notice and contradictorily, shall suffice.

(2) Such approval shall not limit the right of a party to move, under Rule E(6) of the

Supplemental Rules, Fed. R. Civ. P., to reduce the amount of surety given or to

require new or additional sureties.

LOCAL CRIMINAL

LOCAL CRIMINAL RULE 5 - INITIAL APPEARANCE BEFORE THE MAGISTRATE JUDG

(a) Pre-trial proceedings in criminal matters may be referred to a Magistrate Judge for decision

or for report and recommendation, in accordance with 28 U.S.C. § 636(b)(1)(A) and (B), by

specific referral of the presiding District Judge or by any general or standing orders.

(b) Pursuant to 18 U.S.C. § 3153(c)(1), which governs the availability of the pretrial services

report to counsel for the accused and for the government prior to any detention hearing, the

United States Probation Office for the Middle District of Louisiana is authorized to disclose

pretrial services reports to counsel for the accused and for the government. This disclosure

shall be accomplished by filing the pretrial services report for each case under seal in the

CM/ECF filing system prior to or immediately after an initial appearance. Counsel for the

accused and for the government may retain these reports but must not re-disclose the

reports to other persons. When a copy of the report is filed under seal, it will have a header

on the first page advising the attorney that (a) the report is not to be copied, (b) the report is

not a public record, and (c) the content may not be disclosed to other persons. Other than

the disclosures laid out herein, the reports shall remain confidential, as provided in 18 U.S.C.

§ 3153(c)(1).

LOCAL CRIMINAL RULE 12 - PRETRIAL MOTIONS

All criminal motions shall comply with the provisions of Local Civil Rules 7, 10, and 11.

LOCAL CRIMINAL RULE 23 - JURY OR NON-JURY

TRI

All counsel of record and parties to the litigation must be present in court at all stages of

trial, unless leave of Court is granted by the presiding Judge.

LOCAL CRIMINAL RULE 24 – TRIAL JURO

(a) Contacting Prospective Jurors and Jurors Before and During Trial.

(1) A lawyer shall not knowingly communicate, either directly or through another, with a

juror or prospective juror unless authorized to do so by law or court order.