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 Att. 1

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

Document 4-2

Filed 09/15/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIA TAMPA DIVISION

IN ADMIRLTY
ODYSSEY

MAE EXPLORATION, INC.,
CIV ACTION

Plaintiff,

THE UNIDENTIFIED, SHIPWRCKED
VESSEL OR VESSELS, their apparel, tackle,

appurtenances and cargo located within center point coordinates:
25' N, 6 00' W; Radius: 5 nautical miles

NO.

5S:o(.- c.V

1(P

T13M

in rem

Defendant(s).

AFFIDAVIT IN SUPPORT OF MOTION FOR APPOINTMENT AS SUBSTITUTE CUSTODIAN

My full name is John Morris. My legal address is 5215 West Laurel Street,
Tampa , Florida 33607. I am competent to testify as to the matters covered in this affdavit.
I have served as President and

Chief Executive Officer of Plaintiff,

Odyssey

Marine Explorations , Inc. (hereinafter referred to as " Odyssey ), for 12 years.

Odyssey is fully qualified to serve as the Substitute Custodian of the Defendant
Shipwrecked V essel( s).

Odyssey has had many years of experience in the stabilization

conservation and curation of objects and artifacts recovered from ocean environments. Such
objects and artifacts quickly degrade unless properly conserved. It is necessary also for purposes
of fulfillng the appropriate archaeological protocols for a

site such as this nineteenth century

wreck that proper conservation of objects be performed.

Odyssey agrees to assume the responsibilty of safekeeping the salvaged artifacts.
This includes not only the proper stabilzation ,

conservation and curation of objects and artifacts

Dockets.Justia.com

B
Case 8:06-cv-01685-SDM-TBM Document 4-2

C

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Filed 09/15/2006

Page 2 of 2

recovered from the wrecksite but also the required cataloguing and recording of data for such
objects and artifacts.

Odyssey has adequate liability insurance to respond in damages for loss of or
injury to the said arifacts during said custody for damages sustained by third parties due to the
negligence of Odyssey, its employees or agents committed durng said custody. All costs and expenses incidental to keeping of the said artifacts are to be assumed
by Odyssey, and Odyssey understands that the United

States Marshal does not assume any
incurred

liability for any acts of the substitute custodian or any costs
court-appointed custodianship.

incidental to this

Odyssey agrees to act as Substitute Custodian until further order of the Court.
FURTHER AFFIANT SA YETH NOT.

John Morris
(TYPED NAMED)

STATE OF FLORIDA COUNTY HILLSBOROUGH

who has produced

.JtJG: fJ1emjJE., Before me, the undersigned authority, personally appeared this day , and who identification or is personally known to me was duly sworn and says that the foregomg true and correct to the best of his/her information and belief.

SWORN TO AND SUBSCRIBED before

2006.

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