D. BROCK HORNBY, District Judge.
Cianbro began this lawsuit under 46 U.S.C. § 31343(c)(2), seeking a declaratory judgment that two vessels were not subject to maritime liens claimed by George H. Dean, Inc. d/b/a Dean Steel. Compl. (Docket Item 1). I adopted the recommended decision by the Magistrate Judge, and a Declaratory Judgment was entered in favor of Cianbro. Order Adopting Recommended Dec. (Docket Items 77 and 78). Next, Cianbro requested attorney fees under 46 U.S.C. § 31343(c)(2). Mot. for Att'y Fees (Docket
The federal registration statute, 28 U.S.C. § 1963, states:
28 U.S.C. § 1963. Registration under section 1963 is contingent upon the nature of the recovery, not the form in which the lawsuit was filed. Stiller v. Hardman, 324 F.2d 626, 627 (2d Cir.1963) (in action brought for declaratory judgment of noninfringment, court granted registration of damages judgment on a counterclaim stating that "we cannot read the statute to make registration under Section 1963 depend upon the form in which the action is brought rather than upon the nature of the judgment."). Cianbro brought this lawsuit under 46 U.S.C. § 31343(c)(2), which provides declaratory relief to a party aggrieved by an improper filing of a notice of claim of maritime lien. 46 U.S.C. § 31343(c)(2). Cianbro received the declaratory judgment, but also received an award of attorney fees. Cianbro seeks to register only the attorney fees award, which does entitle it to the "recovery of money" within the meaning of the statute.
Dean Steel also argues that the attorney fees award cannot be registered because it is "ancillary to the judgment in the underlying action." Opp'n to Mot. for Order to Register J. at 3 (Docket Item 116). But "judgment" is defined in Rule 54(a) as "a decree or any order from which an appeal lies." Fed.R.Civ.P. 54(a). Under 28 U.S.C. § 1291, a "final decision" may be appealed to the courts of appeals. My award of attorney fees is a final appealable order. Garcia-Goyco v. Law Envtl. Consultants, Inc., 428 F.3d 14, 18 (1st Cir. 2005) ("There is no question that awards of attorney's fees may be appealed separately as final orders after a final determination of liability on the merits."); In re Nineteen Appeals Arising Out of San Juan Dupont Plaza Hotel Fire Litig., 982 F.2d 603, 610 (1st Cir.1992) (noting that "an order which definitively resolves claims for attorneys' fees and expenses ... is severable from the decision on the merits and sufficiently final to be separately appealable under 28 U.S.C. § 1291"). Therefore, it may be registered as a judgment in another district under 28 U.S.C. § 1963.
Dean Steel also argues that the statutory requirement of "good cause" demands more than Cianbro's statement that
Courts generally have held that it is sufficient under § 1963 for the movant to show "an absence of assets in the judgment forum, coupled with the presence of substantial assets in the registration forum." Columbia Pictures Television, Inc., v. Krypton Broad. of Birmingham, Inc., 259 F.3d 1186, 1197-98 (9th Cir.2001); see also Chicago Downs Assoc., Inc. v. Chase, 944 F.2d 366, 372 (7th Cir.1991); ClearOne Commc'ns, Inc. v. Chiang, 2009 WL 1108800, at *9 (D.Utah April 20, 2009); Hofmann v. O'Brien, 2009 WL 3216814, at *3 (D.Md. Sept. 28, 2009); Spray Drift Task Force v. Burlington Bio-Medical Corp., 429 F.Supp.2d 49, 51-52 (D.D.C. 2006); Great Am. Ins. Co. v. Stephens, 2006 WL 2349991, at *2 (E.D.Pa. Aug. 11, 2006); Schreiber v. Kellogg, 839 F.Supp. 1157, 1162 (E.D.Pa.1993); Woodward & Dickerson v. Kahn, 1993 WL 106129, at *1 (S.D.N.Y. April 2, 1993); Associated Bus. Tel. Sys. Corp. v. Greater Capital Corp., 128 F.R.D. 63, 68 (D.N.J.1989).
Cianbro has stated that "Dean Steel is a foreign corporation having its principal place of business in Warwick, Rhode Island, see Cianbro Corp. v. George H. Dean, Inc., 596 F.3d 10, 13 (1st Cir.2010)," and "[t]he undersigned counsel certifies that to the best of his knowledge, information, and belief, Dean Steel has no assets within the District of Maine based upon a records search with the State of Maine Secretary of State for corporations authorized to do business within the State of Maine and a records search of the records of the State of Maine Secretary of State for uniform commercial code filings." Mot. for Order to Register J. at 2 (Docket Item 114). Dean Steel has not disputed either of these statements. I find, therefore, that Cianbro has satisfied the standard that the cases establish for good cause under § 1963.
Accordingly, Cianbro satisfies the requirements of 28 U.S.C. § 1963 to register its judgment in Rhode Island and I