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

Filing 1

COMPLAINT against The Unidentified Shipwrecked Vessel (Filing fee $350.00 receipt number T041140) filed by Odyssey Marine Exploration, Inc. (Attachments: # 1 Civil Cover Sheet)(ag)

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

Doc. 1

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION IN ADMIRAL TV
ODYSSEY MARINE EXPLORATION , INe.

Plaintiff
vs.

CIVIL ACTION

Case No.

THE UNIDENTIFIED , SHIPWRECKED VESSEL , its apparel, tackle appurtenances and cargo located within center point coordinates: (to be provided to the Court under seal)
11 reIn

Defendant( s).

VERIFIED COMPLAINT IN ADMIRAL TV IN REM
Plaintiff, Odyssey Marine Exploration , Inc. ("Odyssey ), by its undersigned counsel
hereby asserts the following Complaint in rem against the Defendant Shipwrecked Vessel , its
apparel ,
tackle, appurtenances ,

and cargo (hereinafter

Defendant Shipwrecked Vessel "

located within the center point coordinates: (to be provided to the Court under seal).

THE PARTIES

Odyssey is a Nevada corporation with its principal place of business at 5215
West Laurel S1. ,

Tampa, Florida 33607. Odyssey is engaged in the business of deep ocean

exploration and the recovery of shipwrecks around the world.

Dockets.Justia.com

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The Defendant Shipwrecked Vessel is lying at a depth of approximately 1100
meters , beyond

the territorial waters or contiguous

zone of

any sovereign nation

approximately 100 miles west of the Straits of Gibraltar. Upon information and belief, no

extant entity or person presently claims any ownership interest in the Defendant Shipwrecked
Vessel. Evidence at the site indicates that efforts , if any, by any previous owner to salvage

the shipwreck and/or its cargo have been long since abandoned. The value of the Defendant
Shipwrecked Vessel cannot be estimated at this time.
II.

JURISDICTION AND VENUE
This is a case of admiralty and maritime jurisdiction stating a maritime 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.s. e. 99 1331 and 1333. In addition , the Court
has in personam jurisdiction over the Plaintiff and constructive quasi in rem jurisdiction over
the Defendant Shipwrecked Vessel.

Venue is proper in the Middle District of Florida , Tampa Division , pursuant to
28 U.s. e. 9 1391 and Local Rule 3(A) and (B) (3). Plaintiffs principal place of

business is

located in this District , and artifacts recovered from the Defendant Shipwrecked Vessel will

be brought within the District during and after appropriate
efforts.

conservation and preservation

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II1.

FACTS

Odyssey first located the site of the Defendant Shipwrecked Vessel in March

2007 using sophisticated sonar and magnetometer equipment. At the time of filing of this
Complaint , Odyssey has not discovered evidence of the ship itself, only cargo and artifacts

but Odyssey is currently

in the process of

surveying the wreck site and has begun an
in order to create a

archaeological pre- disturbance survey taking video and photographs

photomosaic image of the site ,

using a

surface-controlled remotely operated vehicle

ROV" ). The company has placed an array of 5 acoustic beacons on towers around the site

to provide navigational information and precise positioning infonnation.
The Defendant Shipwrecked Vessel
approximately 1100 meters , beyond
sovereign nation. The shipwreck' s

rests on the sea floor at a depth of

the territorial waters

or contiguous zone of any

position is located in an area referred to herein as the

Salvage Area and is defined by the center point coordinates which , for purposes of security

and confidentiality, shall be provided to the Court under seal. Upon infonnation and belief

no other salvor is currently working on this site.

Odyssey does not have any specific

knowledge of any archaeological or salvage operations other than those by Odyssey which

have been conducted on this site or in

the general area , and to the best of Odyssey

knowledge , no salvor has sought to protect an interest in the vessel through an arrest. Since
Odyssey has located the wreck site ,

it has maintained actual ,

continuous , and exclusive

possession or constructive occupancy of the site to the extent this is possible.

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The wreck site consists

of vessel rema11S

and unidentified objects.

The

company has seen what it believes may be valuable cargo on the site , although it wil not be

possible to detennine the identity of the vessel with any certainty until suffcient data is
gathered and artifacts are recovered and analyzed.

Odyssey is the only party which is currently engaged in extensive exploration

and survey operations

on the Defendant Shipwrecked

Vessel.

Using appropriate

archaeological protocols , Odyssey has

voluntarily and successfully obtained video and

photographic images of the Defendant Shipwrecked Vessel and has begun archaeological
documentation of the

site.

Odyssey is ready and able

to conduct operations to recover

artifacts from the Defendant Shipwrecked Vessel , although it has done so only on a limited
basis thus far.

Odyssey is currently developing an excavation plan and conservation process

to ensure that its recovery operations are consistent with rigorous archaeological protocols
and the recovery operations wil
proceed consistent with these protocols.

Upon the filing of this action , Odyssey intends to turn over to the United
States Marshal for the Middle District of Florida for symbolic arrest in rem a small bronze

block (hereinafter referred to as the " artifact" ) recovered from the Defendant Shipwrecked
Vessel. Odyssey s survey and recovery operation has been
conducted in accordance with all

, and wil continue

to be

appropriate archaeological protocols and under the

direction of an experienced nautical archaeologist.
10.

In addition to the artifact , Odyssey has documented several other objects it has
Vessel.

found on the Defendant Shipwrecked
Defendant Shipwrecked Vessel wil be

Any further artifacts recovered from the

recovered under the jurisdiction of this Court , and

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will be within the actual and/or constructive possession

of this Court or its duly-appointed

Substitute Custodian during the pendency of this action.
11.
Court has

This Court has in personam jurisdiction

over the Plaintiff. In addition, this

, or wil have during the pendency of this action, jurisdiction over any potential

claimant or competing salvor by virtue of its contacts to this forum; the nature of the
Plaintiff's admiralty action; the relationship of the potential claimant and/or salvor to the
Plaintiff, the forum, and the cause of action; and/or under the principles of jurisdiction
necessity.
12.
This Court' s

exercise of jurisdiction over competing claimants and/or salvors
or destruction of the Defendant Shipwrecked

is necessary to prevent irreparable injury to,
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.
13.

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

effort in locating, surveying and photographing the Defendant Shipwrecked Vessel, and in
planning the archaeological recovery of artifacts from the Defendant Shipwrecked Vessel.
14.

Odyssey, its agents and associates, are actively, voluntarily and successfully

engaged in the process of reducing certain artifacts from the Defendant Shipwrecked Vessel
to the Plaintiff's exclusive custody, possession ,

dominion and control ,

as circumstances

pennit , and Odyssey has the present ability and intention to
pendency of this action.

continue to do so during the

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IV.

PLAINTIFF' S CLAIMS
COUNT I

POSSESSORY AND OWNERSHIP CLAIM PURSUANT TO THE LAW OF FINDS
15.

Plaintiff incorporates herein by reference, as though fully set forth herein, the
through 14.

allegations set forth above in paragraphs 1
16.

This count arises under Supplemental Admiralty Rule D and general maritime

law.
17.

The Plaintiff is, by virtue of its exclusive possession, dominion and control of

the Defendant Shipwrecked Vessel, in possession of the Defendant Shipwrecked Vessel , and
has taken such actions as are necessary to constitute continued possession, dominion and

control of the abandoned shipwreck.
18.

As there is no extant owner of the Defendant Shipwrecked Vessel or its
of title and ownership in the Defendant

artifacts , Odyssey is entitled to an adjudication

Shipwrecked Vessel, and her artifacts , and the right to recover the Defendant
Vessel and her

Shipwrecked

artifacts without the interference

of any other salvor, claimant, agency,

department or instrumentality of any government, domestic or foreign.
COUNT II

SALVAGE AWARD CLAIM PURSUANT TO THE LAW OF SALVAGE
19.

Plaintiff incorporates by reference,

as though fully set forth herein, the

allegations , set forth above in paragraphs 1

through 18.

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20.

This count anses under Supplemental Admiralty Rule

C and the general

maritime law as salvage services constitute a preferred maritime lien.
21.

The Defendant Shipwrecked Vessel and her artifacts are subject to maritime

peril and is in an utterly helpless condition from which she could not be rescued without the
voluntary and successful services of Odyssey, its agents and associates.
22.

Plaintiff is under no legal obligation or official duty to render salvage services

to the Defendant Shipwrecked Vessel.
23.

Plaintiff's voluntary services have been and will continue to be successful in

rescuing and/or helping to rescue artifacts from the Defendant Shipwrecked Vessel in order

to investigate and research the wreck and to return the recovered portions thereof to the
stream of commerce from which they were lost.
24.

Plaintiff, by virtue of services perfonned, the private risk capital expended

and the time spent and danger incurred in finding and recovering artifacts from the Defendant
Shipwrecked Vessel, is entitled to a liberal salvage award for such services.
COUNT III

DECLARATORY JUDGMENT
25.

Plaintiff incorporates by reference,

as though fully set forth herein, the

allegations set forth above in Paragraphs 1 through 24.
26. 27.
This is an action for a Declaratory Judgment pursuant to 28 u.
e. 92201(a).

Defendant Shipwrecked Vessel is located on the submerged lands referred to
is in an area located

herein as the Salvage Area. This

beyond the territorial waters or

contiguous zone of any sovereign nation.

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28.

No government has the authority to interfere with Odyssey s

exploration

and/or recovery of the Defendant Shipwrecked Vessel , or to grant, condition or deny the right

of Odyssey to do so within the waters of the Atlantic Ocean, beyond the territorial sea or
contiguous zone of any sovereign nation; and the Abandoned Shipwrecked Vessel is subject
to the admiralty laws of abandonment and the law of finds, or the maritime law of salvage.
PRAYER FOR RELIEF

WHEREFORE , Plaintiff prays for relief as follows:
(a)

that a Declaratory Judgment issue that the Abandoned Shipwrecked Vessel is

subject to the admiralty laws of abandoilnent and the law of finds, or the maritime law of

salvage.
(b)

that a Declaratory Judgment issue that no government has the jurisdiction or
for and/or recovery of the

authority to interfere with exploration

Abandoned Shipwrecked

Vessel , or to grant, condition or deny the right of Odyssey to do so within the waters of the

Atlantic Ocean, beyond the territorial sea or contiguous zone of any sovereign nation.
(c)

that Odyssey be adjudged the true,

sole and

exclusive owner of the

Abandoned Shipwrecked Vessel and any items recovered therefrom;
(d)
in the alternative,

should any claimant other than Odyssey be adjudged the
that

owner of the Abandoned Shipwrecked Vessel or any items recovered therefrom ,

Odyssey be awarded a liberal salvage award, with the amount and/or composition
award as may be detennined by this Court pursuant to the law of salvage;
(e)

of such

that Odyssey be adjudged as having the sole and exclusive right to conduct
on the

recovery operations

Abandoned Shipwrecked Vessel,

to preserve any

artifacts

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recovered from the Abandoned Shipwrecked Vessel as either salvor-in-possession or finderin- possession , without the interference of other third parties; and
(f)

that process in rem and/or quasi in rem and a Warrant of Arrest may issue in

due fonn of law, in accordance with the practice of this Honorable Court in causes of

admiralty and maritime jurisdiction against the aforesaid Defendant Abandoned Shipwrecked
Vessel , and/or artifacts recovered from the Defendant Shipwrecked Vessel , with notice to be

posted on the shipwreck to all persons claiming an interest in Odyssey s ongoing recovery

operations to appear and answer this Complaint and to show cause as to why the artifacts
recovered from the Defendant Abandoned Shipwrecked Vessel by Odyssey and its associates
should not be:
(i)

delivered to Odyssey as the sole and exclusive owner of said miifacts;

(ii)

alternatively, sold or appropriately

transferred in

satisfaction of any

judgment in favor of Odyssey for a salvage award; and

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

may requue.

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DATED:

April 9 ,

2007

Respectfully submitted

s/ Allen von Spiegelfeld Allen von Spiegelfeld Florida Bar No. 256803 FOWLER WHITE BOGGS BANKER P. P. O. Box 1438 Tampa , Florida 33601 [phone] (813) 229- 8313 - Facsimile
avonsp(?fow lerw hite. corn

Attorneys for Plaintiff

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VERIFICA TION
STATE OF FLORIDA
COUNTY HILLS BOROUGH
Before me
'lt I, Jt-t

the undersigned authority, personally appeared this day (Title), Odyssey Marine 6;\'\e,. \ C MtI((aH"'
(Name), 'u. se

Exploration , Inc. , who has produced

as identification or is personally

known to me, and who was duly sworn and says that he has read the foregoing Complaint
and is familiar with its contents w

2007.

N t ry ublic ,

State of Florida

t La e