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

Filing 37

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)

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

Doc. 37

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

Document 37

Filed 08/07/2007

Page 1 of 19

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

ODYSSEY MARINE EXPLORATION , INC.

Plaintiff

CNIL 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.

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 Kingdom 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 Vessel If ) located within the center point
coordinates 49 25' N, 6 00' W; Radius: 5 nautical miles , and the attached

Dockets.Justia.com

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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

Channel. 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 herein, Spain, filed a Verified Claim on May 30 2007 , (Dkt. 24)

stating in part 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 property of the
Kingdom of Spain on or in sunken vessels. "
Claimant,

Spain s Verified Claim

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

JURISDICTION AND VENUE

This is a case of admiralty and maritime jurisdiction stating a maritime

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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
Court has original jurisdiction over this matter pursuant to 28 U.
C.

1331 and

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

constructive quasi in rem jurisdiction over the Unidentified Shipwrecked Vessel.
This Court has, or wil have during the pendency of this action

jurisdiction over any potential claimant including Claimant, Spain, and/or
competing salvors by virte
of

its contacts to this forum; 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

claimants and/or salvors is necessary to prevent irreparable injury to , or
destrction 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
destruction of this Court' s actual and potential jurisdiction.

Venue is proper in the Middle District of Florida, Tampa Division
pursuant to 28 U.
C.

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

Plaintiffs

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

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III.

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
turned over to the u.s.

Marshal a portion of a glass bottle recovered from the

Unidentified Shipwrecked Vessel for the symbolic arrest of the Unidentified
Shipwrecked Vesse!.
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 Court issued an Order Directing the Issuance

of a Warant of Arrest (Dkt. 6).
11.

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

Preliminary 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 Vesse!.
13.

On June 15 , 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

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Order Requiring Plaintiffto 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.
III.

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 through
an arrest.

,"

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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

century merchant vessel. Since the arrest , Odyssey

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

Subsequent to this Court' 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 strict archaeological protocols.

Odyssey has prepared a Preliminary Site Assessment (hereinafter PSA"

regarding the Unidentified Shipwrecked Vessel and the artifacts recovered and

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

fiing that the PSA wil be kept confidential. Nothing recovered to date from the
subject Unidentified Shipwrecked Vessel confirms an interest in the artifacts of
any third pary including the Kingdom of Spain. Odyssey is prepared to release

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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 party 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 part of the

public record. When and if Odyssey discovers evidence which confirms that the
wreck is that of a particular ship, Odyssey wil
party with a potential interest.
20.
properly give notice

to any third

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

, 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, surveying and photographing the Unidentified Shipwrecked
Vessel , and in planning the archaeological recovery of the artifacts from the

Unidentified Shipwrecked Vessel.
22.

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

successfully engaged in the process of reducing artifacts 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

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Spanish 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 depart 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 ofGregoryP. Stemm, Odyssey s Cofounder, explaining
Odyssey s actions and the facts surrounding 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 further
information regarding its recovery to Spanish officials, and despite the assurance

of the Spanish criminal judge (Judge Juan Jose Navas Blanquez sitting in

substitution of the Judge for the Number Three First Instance and Preliminary
Investigating Court of La Linea de la Concepcion and district 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

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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 seizure, Spanish authorities paraded the
Ocean Alert

along the

coastline for photograph and video opportnities. Additionally, despite her
protests , offcials seized the personal computer of one of Odyssey s attorneys
Marie Rogers, and illegally 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

remains blockaded in Gibraltar by virte

criminal order and threatened

seizure by Spain. Odyssey s rights granted by this Court to continue its recovery
have been restricted by Spain, and Odyssey s damages as a result of Spain
conduct are extensive.

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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 arises under Supplemental Admiralty Rule D and the general
maritime 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 necessary to constitute continued possession, dominion and control of the
Unidentified Shipwrecked Vessel and the recovered artifacts.
28.

As there is no extant owner of the Unidentified Shipwrecked Vessel or its
artifacts , 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, departent or instrumentality

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

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allegations , set forth above in paragraphs 1 through 28.
30.

This count arises 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 artifacts are subject to

martime peril and are in an utterly helpless condition from which they could not
be rescued without the voluntary and successful services of Odyssey, its agents
and associates.
32.

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

33.

Plaintiff s voluntary 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

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

COUNT
DECLARATORY JUDGMENT
35.

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

allegations set forth above in Paragraphs 1 through 34.

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

to the adIIiralty laws of abandonment and the law of finds , or the maritime law of
salvage.

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

OUANTUM 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 II.

This cause of

action seeks equitable relief, which is within the grounds of relief available to a

federal district court sitting in admiralty. This count is pendent with the
remaining causes of action. To the extent that a separate basis of jurisdiction is
required to sustain this count, Plaintiff alleges a diversity of citizenship of the
parties and that the jurisdictional amount of at least $75 000 , as per 28 U.S. C.
~

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1332(a), has been satisfied here. Additionally, insofar as a foreign sovereign may
properly appear in this admiralty action as a claimant, as per 28 U.S. c.
1607 , this Court would have jurisdiction to adjudicate this count.
~~ 1605

41.

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

ofthe

disclaims or refuses Plaintiffs salvage rights for the relevant part of the
Unidentified Shipwrecked Vessel , cargo, or effects, Plaintiff wil have incurred

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 artifacts.

But for the Plaintiffs 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 incurred 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 inuring in favor ofthe Plaintiff. Plaintiff would also be entitled
to equitable relief based 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

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

CLAIM FOR DAMAGES SPECIFIC TO CLAIMANT, SPAIN
45.

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

the allegations set forth in paragraphs 1 through 44.
46.
In addition to the equitable relief requested in Count

and irrespective

of whether Spain ultimately prevails in its claim against the Unidentified
Shipwrecked Vessel, Plaintiff requests this court grant affrmative relief in its

favor against Claimant, 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

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opportnity;
(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
(f)

damages for loss of reputation caused by Spain s activities and

statements made in public by Spanish authorities including the Minister of Culture
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 subj ect to the admiralty laws of abandonment and the law of finds

or the maritime 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)

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(c)

that Odyssey be adjudged the true, 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 artifacts recovered from the Unidentified Shipwrecked Vessel as either
salvor- in-possession or finder-in-possession, without the interference of other third

parties; and
(f)

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

a Verified Claim in response to this Amended Complaint give strict 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.)
said artifacts; or

delivered to Odyssey as the sole and exclusive owner of

(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

part of the Unidentified Shipwrecked Vessel and related Unidentified Shipwreck , if any,

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

salvage rights

for the relevant part of the 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 Claimant

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. Thiel - FBN 016267 ethiel fowlerwhite. com FOWLER WHITE BOGGS BANKER P. O. Box 1438 Tampa , Florida 33601 (813)228- 7411
Facsimile: (813) 229- 8313

Attorneys for Plaintiff

(j

.-

,."'

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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

If

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.

(Printed ()(! l.Oltr- . Name)

/f

(Signature)

('(f.

OUr\5l

(Title)

SWORN TO AND SUBSCRIBED before me this

/11

day of August

2007.

(Signature)

Notar Publi , State of Florida

At Large !"""" BETSy'
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'$';J

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MARRERO'''''''' omm.000374115

BDI tI (80/432-41
Au., II .

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August 6, 2007,
I electronically filed the

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

which wil send a
1201

Burling LLP,

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