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

Filing 117

Unopposed MOTION for Extension of Time to File Spain's Dispositive Motion and Odyssey's Response Thereto by Kingdom of Spain. (Goold, James)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION IN ADMIRALTY ODYSSEY MARINE EXPLORATION, INC. Plaintiff, vs. Case No. 8:07-CV-0614-SDM-MAP THE UNIDENTIFIED, SHIPWRECKED VESSEL, its apparel, tackle, appurtenances and cargo located within a file mile radius of the center point coordinates provided to the Court under seal, Defendant; In rem and THE KINGDOM OF SPAIN, Claimant. / UNOPPOSED MOTION FOR EXTENSION OF TIME FOR FILING OF DISPOSITIVE MOTION AND RESPONSE THERETO Claimant Kingdom of Spain ("Spain") by and through its undersigned counsel hereby moves for an extension of time for the filing of its dispositive motion, as provided for by this Court's June 11, 2008 Order (Dkt. 114), and of Odyssey Marine Exploration, Inc.'s ("Odyssey") response thereto. 1. Counsel for the parties have discussed this matter and have agreed on a motion CIVIL ACTION

seeking an extension of time whereby the filing of Spain's dispositive motion, as provided for by the Court's June 11, 2008 Order, would be due on or before September 22, 2008, rather than

August 11, 2008, and the filing of Odyssey's response would be due on or before November 17, 2008, rather than October 10, 2008. 2. The agreed-upon extension would provide Spain with additional time necessary to

prepare the submissions for its motion and to coordinate the assembly in the United States and Spain of supporting evidentiary materials for its motion, including archival materials for which translations will be prepared. Completion of the extensive materials by multiple declarants and counsel anticipated for the motion is impractical on the current schedule requiring filing of the motion during August. Counsel for Spain has also been placed on call by the United States Court of Appeals for the Second Circuit for a matter that is anticipated to be heard within the next month. 3. The requested extension would allow the parties to more thoroughly develop and

prepare their respective submissions. WHEREFORE, in light of the agreement of the parties, it is requested that the Court permit Spain until September 22, 2008 to file its motion and permit Odyssey until November 17, 2008 to respond. MEMORANDUM OF LAW The Federal Rules of Civil Procedure provide that the Court can extend or enlarge times for good cause. Fed. R. Civ. P. 6(b)(1). In this instance, there is good cause to allow the extension of time requested by this unopposed motion, so that all appropriate materials for a dispositive motion in the circumstances of this case can be submitted for the Court's consideration. Respectfully submitted, on July 8, 2008,

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s/ James A. Goold James A. Goold District of Columbia Bar # 430315 Covington & Burling LLP 1201 Pennsylvania Avenue, N.W. Washington, D.C. 20004 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail]

David C. Banker Florida Bar # 352977 Bush Ross, PA 220 S. Franklin Street P.O. Box 3913 Tampa, Florida 33601-3913 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail]

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CERTIFICATE UNDER LOCAL RULE 3.01(g) Pursuant to Local Rule 3.01(g), undersigned counsel certifies that he has conferred in good faith with counsel for Plaintiff Odyssey concerning the substance of this motion, and that counsel agree on the resolution of same. Respectfully submitted, Dated: July 8, 2008 s/ James A. Goold James A. Goold District of Columbia Bar # 430315 Covington & Burling LLP 1201 Pennsylvania Avenue, N.W. Washington, D.C. 20004 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] David C. Banker Florida Bar # 352977 Bush Ross, PA 220 S. Franklin Street P.O. Box 3913 Tampa, Florida 33601-3913 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail]

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CERTIFICATE OF SERVICE I hereby certify that I caused the foregoing Unopposed Motion For Extension of Time For Filing of Dispositive Motion and Response Thereto to be served on Plaintiff's counsel, Allen von Spiegelfeld, Eric C. Thiel, and Melinda J. MacConnel via the Court's CM/ECF system on July 8, 2008.

s/ James A. Goold James A. Goold District of Columbia Bar # 430315 Covington & Burling LLP 1201 Pennsylvania Avenue, N.W. Washington, D.C. 20004 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail]

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