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

Filing 20

MOTION Request for Entry of Clerk's Default by Odyssey Marine Exploration, Inc.. (Attachments: # 1 Proposed Entry of Clerk's Default)(Von Spiegelfeld, Allen)

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Odyssey Marine Exploration, Inc. v. The Unidentified, Shipwrecked Vessel or Vessels Doc. 20 Case 8:06-cv-01685-SDM-TBM Document 20 Filed 04/05/2007 Page 1 of 2 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ODYSSEY MARINE EXPLORATION, INC. Plaintiff, v. THE UNIDENTIFIED, SHIPWRECKED VESSEL OR VESSELS, their apparel, tackle, appurtenances and cargo located within center point coordinates: 49 25' N, 6 00' W; Radius: 5 nautical miles in rem Defendant(s). _________________________________________/ REQUEST FOR ENTRY OF CLERK'S DEFAULT Plaintiff, above named, requests the Clerk to enter default against the Defendant above named and all claimants who have failed to plead or otherwise defend as provided by the Federal Rules of Civil Procedure, as amended, in that any and all claimants were required to plead or otherwise defend on or before October 30, 2006, and have failed to do so. Plaintiff filed notice in the Tampa Tribune on September 30, 2006, requiring answers to be filed by October 30, 2006. CIVIL ACTION Case No.: 8:06-CV-1685-T23-TBM MEMORANDUM IN SUPPORT Rule 55(a) of the Federal Rules of Civil Procedure, as amended, provides that when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the Clerk shall enter the party's default. Dockets.Justia.com Case 8:06-cv-01685-SDM-TBM Document 20 Filed 04/05/2007 Page 2 of 2 WHEREFORE, it is respectfully requested that a default be entered against any and all claimants who have failed to plead or otherwise defend. Respectfully submitted, s/ Allen von Spiegelfeld Allen von Spiegelfeld Florida Bar No. 256803 FOWLER WHITE BOGGS BANKER P.A. P. O. Box 1438 Tampa, Florida 33601 (813) 228-7411 (813) 229-8313 - Facsimile avonsp@fowlerwhite.com Attorneys for Plaintiff Date: April 5, 2007 2

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