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

Filing 4

MOTION to appoint custodian (substitute custodian) by Odyssey Marine Exploration, Inc.. (Attachments: # 1 Affidavit # 2 Consent and Indemnification Agreement for Appointment of Substitute Custodian)(Von Spiegelfeld, Allen)

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

Doc. 4

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

Document 4

Filed 09/15/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION IN ADMIRALTY
ODYSSEY MARINE EXPLORATION, INC.

Plaintiff

CIVIL ACTION

THE UNIDENTIFIED , SHIPWRECKED VESSEL OR VESSELS, their apparel , tackle, appurtenances and cargo located within center
point coordinates:

NO. 8:06-cv- 1685- T23- TBM

25' N, 6 00' W; Radius: 5 nautical miles

in rem

Defendant(s).

MOTION FOR APPOINTMENT OF SUBSTITUTE CUSTODIAN
Pursuant to Local Admiralty Rule 7. 05(k)(3),
Plaintiff,

Odyssey Marine Exploration , Inc.

by and through its undersigned attorney, represents the following:
On September 13 ,
2006 ,

Plaintiff initiated the above-styled

action against an

unidentified ,

shipwrecked vessel , its engines , apparel , tackle, appurtenances , fllrniture

and

furnishings , equipment and cargo.
On September - ' 2006 , the Clerk of the District Court issued a Warrant of
Arrest against the unidentified ,
shipwrecked vessel or vessels , its engines , apparel , tackle

appurtenances ,

furniture and furnishings ,

equipment and cargo , directing the U.S. Marshal to

take custody of the vessel , and to retain custody of the said vessel pending further order of this
Court.

Subsequent to the issuance of the Warrant of Arrest , the Marshal wil take steps

immediately seize items retrieved from the unidentified wreck. Thereafter , continual custody by
the Marshal wil require the special knowledge relating to the preservation of antique artifacts.

Dockets.Justia.com

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

Document 4

Filed 09/15/2006

Page 2 of 2

Artifacts retrieved from the unidentified wreck are presently in Tampa , Florida
and , subject to the approval of the Court , the Substitute Custodian is prepared to provide security

and take the steps

necessary for the preservation of the

artifacts of the vessel and for the

safekeeping of the artifacts of the vessel at a cost substantially less than that presently required
by the Marshal. The substitute custodian has also agreed to provide these services free of charge.

The substitute custodian has adequate facilities for the care , maintenance and
security of the said artifacts.
Concurrent with the Court' s approval of the Motion for Appointment of Substitute

Custodian , Plaintiff, acting as the substitute custodian , wil file a Consent and Indemnification
Agreement in accordance with Local Admiralty Rule 7. 05(k)(3)(B).
THEREFORE , in accordance with the representations set forth in this instrument , and
subject to the filing of the indemnification agreement noted in paragraph 6 above , Plaintiff

requests the Court to

enter an order appointing Odyssey Marine Exploration ,

Inc. as the

substitute custodian for the artifacts.

DATED this 15th day of September , 2006.

Allen von Spie Florida Bar No. 256803 avonsp(ffow lerwhite. com FOWLER WHITE BOGGS BANKER P. P. O. Box 1438 Tampa , Florida 33601 813- 228- 7411 813- 229- 8313 - Facsimile Attorneys for Plaintiff
#2274472vl