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)

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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 I 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. #2274470vl BETSY W MARRERO omm. 00037481' ! Expll'8 "1281008 oncled thru (800)432""254: Flo Hf, I... I""""", I,.'", rida Notary"Assn tnc "" " . -=

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