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

Filing 29

Unopposed MOTION for Extension of Time to File Response/Reply as to 28 MOTION to vacate 25 Default judgment by Odyssey Marine Exploration, Inc. (Von Spiegelfeld, Allen) Motions referred to Magistrate Judge Thomas B. McCoun, III. Modified text on 6/27/2007 (RFM).

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

Doc. 29

Case 8:06-cv-01685-SDM-TBM

Document 29

Filed 06/26/2007

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). _________________________________________/ UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO KINGDOM OF SPAIN'S MOTION FOR AN ORDER REQUIRING PLAINTIFF TO PROVIDE A MORE DEFINITE STATEMENT AND ACCESS TO RELEVANT INFORMATION BEFORE KINGDOM OF SPAIN FILES RESPONSIVE PLEADING COMES NOW, Plaintiff, ODYSSEY MARINE EXPLORATION, INC. ("Odyssey"), by and through undersigned counsel, and moves this Honorable Court for an extension to respond to the KINGDOM OF SPAIN's Motion for an Order Requiring Plaintiff to Provide a More Definite Statement and Access to Relevant Information Before Kingdom of Spain Files Responsive Pleading (Docket #28) in this matter, and in support thereof would state: 1. ODYSSEY and the KINGDOM OF SPAIN have discussed this matter in detail CIVIL ACTION Case No.: 8:06-CV-1685-T23-TBM

and have agreed that an extension should be granted until July 23, 2007. 2. The reason for the extension is to allow ODYSSEY to conduct more research and

to respond fully and completely to the Motion for an Order Requiring Plaintiff to Provide a More Definite Statement and Access to Relevant Information Before Kingdom of Spain Files Responsive Pleading.

Dockets.Justia.com

Case 8:06-cv-01685-SDM-TBM

Document 29

Filed 06/26/2007

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3.

It is anticipated that part of the response will be additional information provided

to the KINGDOM OF SPAIN. WHEREFORE, in light of the KINGDOM OF SPAIN's agreement, it is requested that the Court permit ODYSSEY until July 23, 2007, to respond to the Motion for an Order Requiring Plaintiff to Provide a More Definite Statement and Access to Relevant Information Before Kingdom of Spain Files Responsive Pleading. MEMORANDUM OF LAW The Federal Rules of Civil Procedure, Rule 6(b) provides that the Court can always extend or enlarge times when justice so requires. In this instance, it is in the benefit of justice to allow the extension of time to respond to the KINGDOM OF SPAIN's motion.

CERTIFICATE UNDER LOCAL RULE 3.01(g) Pursuant to Local Rule 3.01(g), undersigned counsel certifies that he has conferred in good faith with counsel for Claimant, Kingdom of Spain, concerning the substance of this motion, and that counsel agree on the resolution of same. Respectfully submitted, s/ Allen von Spiegelfeld Allen von Spiegelfeld ­ FBN 256803 [e-mail] Eric C. Thiel ­ FBN 016267 [e-mail] FOWLER WHITE BOGGS BANKER P.A. P.O. Box 1438 Tampa, Florida 33601 [phone] Facsimile: [phone] Attorneys for Plaintiff