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(3) The nature of the tender, e.g., interpleader funds deposit, cash bond in lieu of corporate surety in support of temporary restraining order, etc.;
(4) Whether the cash is being tendered pursuant to statute, rule, or court order;
(5) The conditions of the deposit signed and acknowledged by the depositor;
(6) The name and address of the legal owner to whom a refund, if applicable, shall be made; and
(7) A signature block whereon the clerk can acknowledge receipt of the cash tendered. Said signature block shall not be set forth on a separate page, but shall appear approximately one inch (1?) below the last typewritten matter on the left-hand side of the last page of the Certificate of Cash Deposit and shall read as follows:
“RECEIPT
Cash as identified herein is hereby
acknowledged as being received this date.
Dated: __________________________________
CLERK, U.S. DISTRICT COURT
By: ____________________________________
Deputy Clerk”
(b) The clerk may refuse cash tendered without the Certificate of Cash Deposit required by this rule.
LR 67-2. INVESTMENT OF FUNDS ON DEPOSIT.
(a) Funds on deposit in the Registry Account of the court pursuant to 28 U.S.C. § 2041 will not be invested in the absence of an order by the court. All motions or stipulations for an order directing the clerk to invest Registry Account funds in an interest bearing account shall contain the following:
(1) The name of the bank or financial institution where the funds are to be invested;
(2) The type of account or instrument and the terms of investment where a timed instrument is involved; and
(3) Language that either
(A) Directs the clerk to deduct from income earned on the investment a fee, not exceeding that authorized by the Judicial Conference of the United States and set by the Director of the Administrative Office; or
(B) States affirmatively the investment is being made for the benefit of the United States and, therefore, no fee shall be charged.
(b) Counsel obtaining an order under these rules shall cause a copy of the order to be served personally on the clerk or the chief deputy and the financial deputy. A supervisory deputy clerk may accept service on behalf of the clerk, chief deputy or financial deputy in their absence.
(c) The clerk shall take all reasonable steps to deposit funds into interest bearing accounts or instruments within, but not more than, fifteen (15) days after having been served with a copy of the order for such investment.
(d) Any party who obtains an order directing investment of funds by the clerk shall, within fifteen (15) days after service of the order on the clerk, verify that the funds have been invested as ordered.
(e) Failure of the party or parties to personally serve the clerk, the chief deputy and financial deputy, or in their absence a supervisory deputy clerk with a copy of the order, or failure to verify investment of the funds, shall release the clerk from any liability for the loss of earned interest on such funds.
(f) It shall be the responsibility of counsel to notify the clerk regarding disposition of funds at maturity of a timed instrument. In the absence of such notice funds invested in a timed instrument subject to renewal will be reinvested for a like period of time at the prevailing interest rate. Funds invested in a timed instrument not subject to renewal will be re-deposited by the clerk into the Registry Account of the court, which is a non-interest-bearing account.
(g) Service of notice by counsel as required by LR 67-2(f) shall be made as provided in LR 67-2(b) not later than fifteen (15) days prior to maturity of the timed instrument.
(h) Any change in terms or conditions of an investment shall be by court order only, and counsel will be required to comply with LR 67-2(a) and (b).
LR 77-1. JUDGMENTS AND ORDERS GRANTABLE BY THE CLERK.
(a) The clerk is authorized, without further direction by the court, to sign and enter any order permitted to be signed by the clerk under the Federal Rules of Civil Procedure and the following:
(1) Orders specially appointing persons to serve process;
(2) Orders withdrawing exhibits under LR 79-1;
(3) Orders on stipulations:
(A) Satisfying judgments;
(B) Noting satisfaction of orders for the payment of money;
(C) Withdrawing stipulations;
(D) Annulling bonds; or
(E) Exonerating sureties.
(b) The clerk may also:
(1) Enter judgments on verdicts or decisions of the court in circumstances authorized in Fed. R. Civ. P. 58;
(2) Enter default for failure to plead or otherwise defend, as provided in Fed. R. Civ. P. 55;
(3) Enter judgments by default in the circumstances authorized in Fed. R. Civ. P. 55(b)(1);
(4) Enter judgments pursuant to acceptance of an offer of judgment in the circumstances authorized in Fed. R. Civ. P. 68;
(5) When ordered by the court in the particular case or in all cases assigned to a particular judge, enter orders under LR IA 10-2 granting permission to an attorney to practice in a particular case and orders under granting leave of court for substitution of counsel; and
(6) Enter any other order which, under Fed. R. Civ. P. 77(c), does not require special direction by the court.
LR 78-1. SUBMISSION OF MOTIONS TO THE COURT.
The clerk will submit motions to the court for decision after all motion papers are filed or the time period therefor has expired, unless the party who made the motion files a written withdrawal of the motion.
LR 78-2. ORAL ARGUMENT.
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