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

Filing 35

AMENDED COMPLAINT against The Unidentified, Shipwrecked Vessel or Vessels filed by Odyssey Marine Exploration, Inc.. (Attachments: # 1 Sworn Statement of Greg Stemm - Part 1# 2 Sworn Statement of Greg Stemm - Part 2)(Von Spiegelfeld, Allen) COUNSEL TO REFILE LISTING PARTIES PROPERLY. Modified on 8/7/2007 (RFM).

,"

/:

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

Doc. 35

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

Document 35

Filed 08/06/2007

Page 1 of 19

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA Tampa Division In Admiralty

ODYSSEY MARINE EXPLORATION, INe.

Plaintiff

CIVIL ACTION

Case No: 8:06-CV-01685-SDM-TBM

THE UNIDENTIFIED SHIPWRECKED VESSEL its apparel, tackle, appurtenances and cargo located within center point coordinates: 49 25' N , 6 00' W;
Radius: 5 nautical miles

Defendant; in rem
and

The Kingdom of Spain
Claimant and Defendant.

AMENDED VERIFIED COMPLAINT IN ADMIRALTY
Plaintiff, Odyssey Marne Exploration, Inc. (" Odyssey ), by and through
its undersigned counsel, in response to the Opposed Motion of Claimant Kigdom of

Spain ("Claimant") for a More Definite Statement hereby states that it does not object to
Claimant's Motion and in response thereto files this , its Amended Complaint in rem
against the Unidentified Shipwrecked Vessel , its apparel, tackle, appurtenances, and

cargo (hereinafter Unidentified Shipwrecked Vesse! ") located within the center point
coordinates 49 25' N , 6 00' W; Radius: 5 nautical miles , and the attached

Dockets.Justia.com

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

Document 35

Filed 08/06/2007

Page 2 of 19

documentation including the Sworn Statement of Gregory P. Stemm, Odyssey
Cofounder, and attachments thereto.

THE PARTIES

Odyssey is a Nevada corporation with its principal place of business at

5215 West Laurel St. , Tampa, Florida 33607. Odyssey is engaged in the business
of deep ocean exploration and the recovery of shipwrecks around the world.

The Unidentified Shipwrecked Vessel rests at a depth of approximately
100 meters deep, beyond the terrtorial waters or contiguous zone of any
sovereign nation, approximately 40 miles from Lands End near the English
Chanel. Evidence

at the Unidentified Shipwrecked Vessel indicates that efforts

if any, by any previous owner to salvage the Unidentified Shipwrecked Vessel
and/or its cargo have been long since abandoned.
Claimant /Defendant herein, Spain, filed a Verified Claim on May 30

2007 , (Dkt. 24) stating in par that "the Kingdom of Spain has not abandoned its

ownership rights and other rights in sunken vessels of the Kingdom of Spain, in vessels sunk while in the service of the Kingdom of Spain, and in cargo or other

propert of the Kingdom of Spain on or in sunken vessels."

Claimant,

Spain

Verified Claim does not assert a basis for any claim specific to this Unidentified
Shipwrecked Vessel.
II.

JURISDICTION AND VENUE

Ths is a case of admiralty and martime jurisdiction stating a maritime

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

Document 35

Filed 08/06/2007

Page 3 of 19

claim within the meaning of Rule 9(h) of the Federal Rules of Civil Procedure and

Supplemental Admiralty Rules C and D as hereinafter more fully appears. This

Cour has original jursdiction over this matter pursuant to 28 U.

C.

1331 and

1333. In addition, the Cour has in personam jurisdiction over the Plaintiff and

constructive quasi in rem jurisdiction over the Unidentified Shipwrecked Vessel.

This Court has, or wil have durng the pendency of this action

jursdiction over any potential claimant including Defendant, Spain, and/or
competing salvors by virte
of

its contacts to this foru;

the

nature of the

Plaintiffs admiralty action; the relationship of the potential claimant and/or salvor

to the Plaintiff, the submission of a claim (such as that of Spain) by any potential
claimant in this forum; and/or under the principles of jurisdiction by necessity.
This Court' s

exercise of jurisdiction over Spain and other competing
to ,

claimants and/or salvors is necessar to prevent irreparable injur

or

destruction of the Unidentified Shipwrecked Vessel; to allow the Plaintiff to

continue to pursue its ongoing survey and recovery operations without
interference; to bring the recovered artifacts within this District; and to prevent
destrction of this Court' s
actual and potential jurisdiction.

Venue is proper in the Middle Distrct
pursuant to 28 U.
C.

of Florida,

Tampa Division

1391 and Local Rule 3(A) and (B)(3).

Plaintiffs

principal place of business is located in this Distrct , and the arifacts recovered
from the Unidentified Shipwrecked Vessel have been brought within the Distrct
and are undergoing appropriate conservation and preservation efforts.

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

Document 35

Filed 08/06/2007

Page 4 of 19

II1.

PROCEDURAL BACKGROUND
On September 13 , 2006,

Odyssey filed the initial Verified Complaint In

Admiralty In Rem (Dkt. 1) against the Defendant in this case. Odyssey also

tued over to the U. S. Marshal a portion of a glass bottle recovered from the
Unidentified Shipwrecked Vessel for the symbolic arest of the Unidentified

Shipwrecked Vessel.
On September 15 , 2006,

this Court entered the Order Appointing

Substitute Custodian (Dkt. 5) and found that Odyssey was duly qualified to serve
as the Substitute Custodian of the glass bottle piece and other artifacts recovered
from the Unidentified Shipwrecked Vessel.
10.
On September 15 ,

2006 this Cour issued an Order Directing the Issuance

of a Warrant of Arest (Dkt. 6).
11.

On October 30 2006 , this Cour granted Odyssey s Motion for

Preliminar Injunction (Dkt. 19) enjoining all other persons or entities from
interfering with the Plaintiffs

exclusive finder s rights or from engaging in any

salvage or recovery operations.
12.

On May 30, 2007, Claimant, the Kingdom of Spain filed its Verified

Claim (Dkt. 19). Again, Spain s claim does not assert a basis for any claim

specific to this Unidentified Shipwrecked Vessel.
13.
On June IS , 2007 the Kingdom of Spain filed its (1) Unopposed Motion

for an Order Vacating the Default Judgment and Deeming the Kingdom of
Spain s Verified Claim as Timely Submitted, and (2) Opposed Motion for an

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

Document 35

Filed 08/06/2007

Page 5 of 19

Order Requiring Plaintiff to Provide a More Definite Statement and Access to

Relative Information Before the Kingdom of Spain Files its Responsive Pleading
(Dkt. 28).

14.

On June 26, 2007, Odyssey filed its Unopposed Motion for an Extension

of Time in which to respond to the Motion, (Dkt. 29) and on June 28 2007 , this
Court granted the Motion (Dkt. 30) giving Odyssey until July 23 , 2007 to file a
response.
15.

Odyssey filed a Motion for Extension on July 23 2007 , (Dkt. 31) and this

Court entered an Endorsed Order (Dkt. 32) granting Odyssey s Motion and giving
Odyssey until August 6, 2007 to file its response.
II1.

FACTS
16.

The Unidentified Shipwrecked Vessel rests on the sea floor at a depth of
approximately 100 meters deep, in the Atlantic Ocean near the English Channel

beyond the terrtorial waters or contiguous zone of any sovereign nation. The
Unidentified Shipwrecked Vessel' s position is located within a five mile radius of

an area defined by the center point coordinates referenced herein. Upon

information and belief, no other salvor is currently working on this Unidentified
Shipwrecked Vessel. Odyssey is aware of no operations other than those by
Odyssey which have been conducted during the past two years of Odyssey

operations in the general area, and to the best of Odyssey s knowledge, no salvor
has sought to protect an interest in the Unidentified Shipwrecked Vessel though
an arest.

,"

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

Document 35

Filed 08/06/2007

Page 6 of 19

17.

Odyssey located the Unidentified Shipwrecked Vessel in the summer of

2006 using sophisticated sonar and photographic equipment. Odyssey has
recovered articles from the Unidentified Shipwrecked Vessel and is ready and
able to conduct further operations to explore and document the shipwreck
consistent with archaeological protocols appropriate for this Unidentified
Shipwrecked Vessel, and to recover additional artifacts from the Defendant

Unidentified Shipwrecked Vessel.
18.

When Odyssey first filed the initial Complaint, it had surveyed the wreck
site and had begun an archaeological pre-disturbance survey taking video and

photographs of the Unidentified Shipwrecked Vessel. At the time, Odyssey
believed it to be that of a 17 th century merchant vessel. Since the arest , Odyssey

has found no evidence which would contradict that theory.
19.

Subsequent to this Cour' s order granting Odyssey salvor/finder in
possession status and appointing Odyssey as Substitute Custodian, Odyssey found
and safely transported several artifacts from the Unidentified Shipwrecked Vessel

. which are undergoing conservation according to strct

archaeological protocols.

Odyssey has prepared a Preliminary Site Assessment (hereinafter PSA"

regarding the Unidentified Shipwrecked Vessel and the arifacts recovered and

wil present that to the Cour under seal. Odyssey files herewith its Motion for
Protective Order which references the PSA and the need for assurance prior to

filing that the PSA wil be kept confidential. Nothing recovered to date from the
subject Unidentified Shipwrecked Vessel confirms an interest in the arifacts of

any third par including the Kingdom of Spain. Odyssey is prepared to release

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

Document 35

Filed 08/06/2007

Page 7 of 19

information from the PSA as directed by the Court to Claimant, Spain, however
given that Odyssey has found no evidence which would confirm the identity of a
ship or an interest of Spain or any other third par

in this paricular site, Odyssey

submits that there is nothing which would require that the Kingdom of Spain or
any other third pary
be given any

more specific information other than what is

contained in this Amended Complaint and the Exhibits which are par of the

public record. When and if Odyssey discovers evidence which confirms that the
wreck is that of a particular ship, Odyssey wil properly give notice to any third

par with a potential interest.
20.

Odyssey s survey and recovery operation has been, and wil continue

, conducted in accordance with all appropriate archaeological protocols and under the direction of an experienced nautical archaeologist.
21.

Odyssey, its agents and associates, have invested substantial time, money

and effort in locating, sureying

and photographing

the Unidentified Shipwrecked
from the

Vessel , and in planing the archaeological

recovery of the arifacts

Unidentified Shipwrecked Vessel.
22.

Odyssey, its agents and associates, have been actively, voluntarly and

successfully engaged in the process of reducing arifacts

from the Unidentified

Shipwrecked Vessel to the Plaintiffs exclusive custody, possession, dominion

and control, as circumstances permit, and Odyssey has the present ability and

intention to continue to do so during the pendency of this action.
23.

Odyssey s recovery of arifacts from this and other sites has been the

subject of intense international media attention especially in Spain. Many

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

Document 35

Filed 08/06/2007

Page 8 of 19

Spansh media reports have been filled with inaccuracies including false claims

that arifacts were recovered ilegally from Spanish terrtorial waters. As a result
of the false reports, and despite Odyssey s continued assurance that no artifacts

have been recovered anywhere near Spanish terrtorial waters , Odyssey became

the subject of a criminal investigation in Spain. In fact , Odyssey became aware
through the Spanish press that Spanish authorities would intercept and inspect
Odyssey
s vessels (the Ocean Alert and the Odyssey Explorer)

if they attempted

to depar Gibraltar where they were docked. Odyssey s attorneys were denied

access to the order, however, and were told that the order was "secret." Odyssey

attempts to appear in its defense were unsuccessful. Thus , Odyssey prepared a
Sworn Statement of Gregory P. Stemm , Odyssey s Cofounder, explaining
Odyssey s actions and the facts surounding the arest, the recovery, and the

subsequent claims and baseless detention of Odyssey s ships by Spain. (A copy
of the Sworn Statement including all Exhibits is attached hereto).
24.

Despite the fact that Odyssey provided the Sworn Statement and fuher information regarding its recovery to Spanish officials , and despite the assurance
ofthe Spanish criminal

judge (Judge Juan Jose Navas Blanquez sitting in

substitution of the Judge for the Number Thee First Instance and Preliminary
Investigating Court of La Linea de la Concepcion and distrct
- a different

judge

from the one who signed the original " secret order ), that Odyssey s vessels
would not be boarded without the consent of the Master or forcibly taken to a
Spanish port, on July 12 2007 , while Odyssey was moving its vessel the
Alert

Ocean

from Gibraltar, and while the vessel was in international waters , Spain

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

Document 35

Filed 08/06/2007

Page 9 of 19

boarded the vessel under protest from the Master and ilegally

seized the vessel

forcing it into the Spanish port of Algeciras. Having alerted the Spanish media to
the boarding and seizue, Spanish authorities paraded the
coastlne for photograph and video opportnities.
Ocean Alert

along the

Additionally, despite her

protests , offcials seized the personal computer of one of Odyssey s attorneys
Mare Rogers,

and ilegally copied all attorney/client privileged information

regarding Odyssey and other clients. As of the date of this Amended Complaint
the computer has been returned without the hard drive. The original hard drive

and copy are retained in the custody of the court. A formal complaint and request
for the return of the hard drive and all copies taken has been made to the court and

is currently pending decision by the Judge as to the legitimacy of the seizure of
the laptop.

Once in Algeciras, Odyssey s crew and attorneys were forced by the

Spanish officials to sit in the scalding sun for approximately seven hours without
food or water or use of the restroom. Their passports were taken (but returned

later that day) as were all of their electronic equipment (of which the hard drives
have been removed and only the empty laptops returned). The

Odyssey Explorer
of the criminal order and threatened

remains blockaded in Gibraltar by virte

seizure by Spain. Odyssey s rights granted by this Court to continue its recovery

have been restrcted by Spain, and Odyssey s damages as a result of Spain
conduct are extensive.

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

Document 35

Filed 08/06/2007

Page 10 of 19

IV.

PLAINTIFF' S CLAIMS
COUNT I

POSSESSORY AND OWNERSHIP CLAIM PURSUANT TO THE LAW OF FINDS
25.

Plaintiff incorporates herein by reference , as though fully set forth herein
the allegations set forth above in paragraphs 1 through 24.

26.

This count arses under Supplemental Admiralty Rule D and the general
martime law.

27.

The Plaintiff is, by virte

of

its exclusive possession, dominion and

control of the Unidentified Shipwrecked Vessel , in possession of the arifacts

recovered from the Unidentified Shipwrecked Vessel , and has taken such actions
as are

necessar to constitute continued possession , dominion and control of the

Unidentified Shipwrecked Vessel and the recovered arifacts.
28.

As there is no extant owner of the Unidentified Shipwrecked Vessel or its

arifacts , Odyssey is entitled to an adjudication of title and ownership in the
Unidentified Shipwrecked Vessel , and her artifacts, and the right to continue

recovery of the Unidentified Shipwrecked Vessel and her artifacts without the
interference of any other salvor, claimant, agency, deparment or instrentality

of any governent, domestic or foreign.
COUNT II

SALVAGE AWARD CLAIM PURSUANT TO THE LAW OF SALVAGE
29.

Plaintiff incorporates by reference, as though fully set forth herein, the

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

Document 35

Filed 08/06/2007

Page 11 of 19

allegations , set forth above in paragraphs 1 though 28.
30.
This count arses under Supplemental Admiralty Rule C and the general

martime law as salvage services constitute a preferred martime lien.
31.

The Unidentified Shipwrecked Vessel and her arifacts

are subject to

maritime peril and are in an utterly helpless condition from which they could not

be rescued without the voluntar
and associates.
32.

and

successful services of Odyssey, its agents

Plaintiff is under no legal obligation or official duty to render salvage
services to the Unidentified Shipwrecked Vessel.

33.

Plaintiffs voluntar services have been and wil

continue to be

successful

in rescuing and/or helping to rescue arifacts from the Unidentified Shipwrecked
Vessel in order to investigate and research the Unidentified Shipwrecked Vessel

to preserve and display artifacts of historical and archaeological significance , and to return recovered portions to the stream of commerce from which they were
lost.
34.

Plaintiff, by virte

of services performed ,

the private risk capital

expended , and the time spent and danger incurred in finding and recovering

arifacts from the Unidentified Shipwrecked Vessel , is entitled to a liberal salvage
award for such services.
COUNT

III

DECLARATORY JUDGMENT
35.

Plaintiff incorporates by reference , as though fully set forth herein , the

allegations set forth above in Paragraphs 1 through 34.

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

Document 35

Filed 08/06/2007

Page 12 of 19

36.

This is an action for a Declaratory Judgment pursuant to 28 U.
2201 (a).

C. ~

37.

The Unidentified Shipwrecked Vessel is located on the submerged lands located in an area approximately 40 miles from Lands End in the Atlantic Ocean

near the English Chanel. This is in an area located beyond the terrtorial waters
or contiguous zone of any sovereign nation.
38.
No governent, individual and/or corporation has the authority to

interfere with Odyssey s exploration and/or recovery of the Unidentified
Shipwrecked Vessel , or to grant, condition or deny the right of Odyssey to do so

within the waters of the Atlantic Ocean , beyond the terrtorial sea or contiguous
zone of any sovereign nation; and the Unidentified Shipwrecked Vessel is subject

to the admiralty laws of abandonment and the law of finds , or the martime law of
salvage.

COUNT IV
CLAIM OF EQUITABLE RELIEF FOR UNJUST ENRICHMENT AND ALLIED THEORIES

QUANTUM MERUIT.

39.

Plaintiff incorporates herein by reference , as though fully set forth herein

the allegations set forth in paragraphs 1 through 38.
40.
This cause of action is pled in the alterative to Count 11.

This cause of

action seeks equitable relief,

which is within the grounds of relief available to a
the

federal distrct court sitting in admiralty. This count is pendent with

remaining causes of action. To the extent that a separate basis of jurisdiction
required to sustain this count , Plaintiff alleges a diversity of citizenship of the
parties and that the jursdictional amount of at least $75 000 , as per 28 U.
C. ~

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

Document 35

Filed 08/06/2007

Page 13 of 19

1332(a), has been satisfied here.

Additionally, insofar as a foreign sovereign may
C. ~~ 1605

properly appear in this admiralty action as a claimant , as per 28 U.
1607 , this Court would have jurisdiction to adjudicate this count.

41.

In the event a claimant successfully asserts ownership to all or par of the
Unidentified Shipwrecked Vessel , cargo, or effects, and also successfully
disclaims or refuses Plaintiffs

salvage rights for the relevant par of the
have incurred

Unidentified Shipwrecked Vessel, cargo, or effects, Plaintiff wil

substantial costs and expense for the recovery, stabilization , conservation
curation , identification, and protection of the vessel, cargo, and effects, all of

which costs and expenses were incurred reasonably and in good faith by Plaintiff.
42.

Recovery of the Unidentified Shipwrecked Vessel and any artifacts
therefrom as well as evidence which would support any claimant' s interest in the

Unidentified Shipwrecked Vessel would necessarly stem from Plaintiffs

efforts

in recovering and identifying the Unidentified Shipwrecked Vessel and arifacts.
But for the Plaintiff s efforts and the costs and expenses associated therewith
there would be no recovery and no basis for proof of an interest.
43.

These costs and expenses, both direct and indirect, as incured by Plaintiff

should be reimbursed and compensated in full by a successful claimant in order to
avoid an unjust enrchment on the part of that claimant , and also on grounds of
quantum meruit inurng

in favor of the Plaintiff. Plaintiff would also be entitled

to equitable reliefbased on other equitable theories.
44.

This Court should determine the reasonable costs and expenses incurred

by Plaintiff, both direct and indirect , as attributable to the recovery, stabilization

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

Document 35

Filed 08/06/2007

Page 14 of 19

conservation , curation, identification, and protection of the vessel , cargo, and
effects , on behalf of any successful claimant within the purview of this count.

This Court should grant an equitable

in specie

award to Plaintiff, compensating

and reimbursing it for its reasonable costs and expenses , to be charged against any
propert which a

successful claimant might receive by order of this Court.
COUNT V

CLAIM FOR DAMAGES SPECIFIC TO DEFENDANT. SPAIN
45.

Plaintiff incorporates herein by reference , as though fully set forth herein

the allegations set forth in paragraphs 1 though 44.
46.

In addition to the equitable relief requested in Count IV , and irrespective
of whether Spain ultimately prevails in its claim against the Unidentified Shipwrecked Vessel, Plaintiff requests this court grant affirmative relief in its

favor against Defendant, Spain based upon its tortious conduct more specifically
described in paragraph 24 and its active interference with Odyssey s possessor
rights.
47.

Based upon this Court' s order, granting Odyssey rights and in possession

status over the subject Unidentified Shipwrecked Vessel , Spain has a duty to refrain from interfering with Odyssey s activities related to the Unidentified
Shipwrecked Vessel.
48.

Spain has clearly interfered with Odyssey s rights and has caused Odyssey extensive damages including but not limited to:
(a)

costs associated with the forced detention and blockade of

Odyssey s vessels in Gibraltar, including but not limited to actual costs and lost

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

Document 35

Filed 08/06/2007

Page 15 of 19

opportity;
(b)

costs and expenses related to Odyssey s defense against the

baseless criminal order issued in Spain;
(c)
costs related to the ilegal boarding and seizure of the

Ocean Alert

including the seizure of personal items from Odyssey s crew and Odyssey s attorney;
(d)

damages related to any unlawful use or publication of privileged

information seized by Spain;
(e)

damages as a result of the unlawful, unfair, and inhumane

treatment of Odyssey s crew and attorneys; and
(t)

damages for loss of reputation caused by Spain s activities and

statements made in public by Spanish authorities including the Minister of Cultue
against Odyssey without any factual or legal basis. PRAYER FOR RELIEF
WHEREFORE , Plaintiff prays for relief as follows:
(a)

that a Declaratory Judgment issue that the Defendant Unidentified

Shipwrecked Vessel is subject to the admiralty laws of abandonment and the law of finds

or the martime law of salvage.
(b)

that a Declaratory Judgment issue that no governent has the

jurisdiction or authority to interfere with exploration for and/or recovery of the
Unidentified Shipwrecked Vessel, or to grant, condition or deny the right of Odyssey to

do so within the waters of the Atlantic Ocean, beyond the terrtorial sea or contiguous
zone of any sovereign nation.

(g)

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

Document 35

Filed 08/06/2007

Page 16 of 19

(c)

that Odyssey be adjudged the tre,

sole and exclusive owner of the

Unidentified Shipwrecked Vessel and any items recovered therefrom;
(d)

in the alternative, that should Spain or any claimant other than

Odyssey be adjudged the owner of the Unidentified Shipwrecked Vessel and/or a
Shipwrecked Vessel which may be found to be related to the Unidentified Shipwrecked
Vessel , or any items recovered therefrom, that Odyssey be awarded a liberal salvage
award , with the amount and/or composition of such award as may be determined by this

Court pursuant to the law of salvage;
(e)

that Odyssey be adjudged as having the continued sole and

exclusive right to conduct recovery operations on the Unidentified Shipwrecked Vessel

to preserve any arifacts recovered from the Unidentified Shipwrecked Vessel as either

salvor-in-possession or finder-in-possession, without the interference of other third

paries; and
(t)

that any third par, including Spain, asserting an interest or filing

a Verified Claim in response to this Amended Complaint give strct proof of its interest
and show cause as to why the artifacts recovered from the Unidentified Shipwrecked
Vessel by Odyssey and its associates should not be:
(1.)

delivered to Odyssey as the sole and exclusive owner of

said arifacts; or
(2.

alternatively, sold or appropriately transferred in

satisfaction of any judgment in favor of Odyssey for a salvage award; and
that in the event a claimant successfully asserts ownership to all or
par ofthe Unidentified

Shipwrecked Vessel and related Unidentified Shipwreck , if any,

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

Document 35

Filed 08/06/2007

Page 17 of 19

its cargo, or effects, and also successfully disclaims or refuses Plaintiffs

salvage rights

for the relevant part ofthe Unidentified Shipwrecked Vessel , cargo, or effects, Plaintiff
should receive an equitable
in specie

award to fully reimburse and compensate it for all

costs and expenses, both direct and indirect, for the recovery, stabilization, conservation
curation , and protection of the Unidentified Shipwrecked Vessel.

(h)

that damages be awarded in favor of Odyssey, against Defendant

Spain.
(i)

that Odyssey may have such other and further relief as the justice

of this cause may require.

Respectfully submitted
Dated:
August 6, 2007

s/ Allen von Spiegelfeld Allen von Spiegelfeld - FBN 256803 avonsp fowlerwhite. com Eric C. Thel- FBN 016267 ethiel fowlerwhite. FOWLER WHITE BOGGS BANKER P. O. Box 1438 Tampa , Florida 33601 [phone]
Facsimile: (813) 229- 8313

com

Attorneys for Plaintiff.

,,'

;',

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

Document 35

Filed 08/06/2007

Page 18 of 19

VERIFICATION

STATE OF FLORIDA

COUNTY OF HILLSBOROUGH
Before me, the undersigned authority, personally appeared this day Melinda MacConnel, General Counsel, Odyssey Marne Exploration , Inc. , who has
produced
II
as identification or i

personally known to

and who was duly sworn and says that she has read the foregoing Amended Complaint
and is familiar with its contents which are tre
to the

best of her information and belief.

(Signature)

(Printed Name)
G-(f\t!r

SWORN TO AND SUBSCRIBED before me this

/11

day of August

2007.

(Signature)
Notar Pub Ii , State of Florida
...... It ....... MARRERO At Large I""""" BETSY W .... I' II ..... """C

:t
1'

; "",t,r.

a""'M"''''''''''''''''''''"''''''''''''

0'..

Comm'DD0374815

;J Bon IhN (10)432-454:
FIo NOI Al., II J

EJrn11128100a :

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

Document 35

Filed 08/06/2007

Page 19 of 19

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August
, 2007, I electronically filed
send a

the foregoing with the Clerk of the Court by using the CM/ECF system which wil
notice of electronic filing to James A. Goold, Covington

Burling LLP,

1201

Pennsylvania Ave. , NW, Washington, DC 20004, Attorneys for Claimant, Kingdom of

Spain.

s/ Allen von Spiegelfeld Allen von Spiegelfeld - FBN 256803 avonsp~fowlerwhite. com Eric C. Thiel- FBN 016267 ethiel~fowlerwhite. com FOWLER WHITE BOGGS BANKER P. O. Box 1438 . Tampa , Florida 33601 [phone]
Facsimile: (813) 229- 8313

Attorneys for Plaintiff