Odyssey Marine Exploration, Inc. v. The Unidentified, Shipwrecked Vessel or Vessels

Filing 19

PRELIMINARY INJUNCTION and ORDER adopting 16 --REPORT AND RECOMMENDATION; granting 3 --motion for preliminary injunction filed by Odyssey Marine Exploration, Inc. Injunction is effective immediately upon the plaintiff's posting with the Clerk a $5,000.00 bond. Signed by Judge Steven D. Merryday on 10/30/2006. (BK)

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Odyssey Marine Exploration, Inc. v. The Unidentified, Shipwrecked Vessel or Vessels Doc. 19 Case 8:06-cv-01685-SDM-TBM Document 19 Filed 10/30/2006 Page 1 of 2 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ODYSSEY MARINE EXPLORATION, INC., Plaintiff, v. UNIDENTIFIED, SHIPWRECKED VESSEL OR VESSELS, Defendant(s), __________________________________/ ORDER Pursuant to 28 U.S.C. 636 and Local Rule 6.01(b), a September 25, 2006, order (Doc. 10) referred the plaintiff's motion (Doc. 3) for preliminary injunction to the United States Magistrate Judge for a report and recommendation. Following the Magistrate Judge's October 11, 2006, report and recommendation (Doc. 16), no party objects to the report and the time for filing objections has expired. Accordingly, the Magistrate Judge's report and recommendation (Doc. 16) is ADOPTED and the plaintiff's motion (Doc. 3) for preliminary injunction is GRANTED. The plaintiff is engaged in the ongoing recovery of a 17th Century merchant vessel located within a radius of five nautical miles of 49 25' N, 6 00' W ("the shipwrecked vessel"). The court preliminarily appoints the plaintiff as the exclusive finder-inpossession of the shipwrecked vessel, its apparel, tackle, appurtenances, and cargo. Until further order of this court, the plaintiff retains the exclusive right to possess and CASE NO: 8:06-cv-1685-T-23TBM Dockets.Justia.com Case 8:06-cv-01685-SDM-TBM Document 19 Filed 10/30/2006 Page 2 of 2 recover the shipwrecked vessel. All other persons or entities are enjoined from interfering with the plaintiff's exclusive finders rights or from engaging in any salvage or recovery operations. This injunction shall become effective immediately upon the plaintiff's posting with the Clerk of this court a good and sufficient bond of $5,000.00. ORDERED in Tampa, Florida, on October 30, 2006. -2-

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