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

Filing 138

RESPONSE to motion re 131 MOTION to dismiss Amended Complaint or for summary judgment filed by Odyssey Marine Exploration, Inc.. (Attachments: # 1 Appendix Index of Exhibits to Odyssey's Response to Spain's Motion, # 2 Exhibit A-1 Kingsley Part 1, # 3 Exhibit A-2 Kingsley Part 2, Annex 1, # 4 Exhibit A-2 Kingsley Part 2, Annex 2, # 5 Exhibit A-2 Kingsley Part 2, Annex 3, # 6 Exhibit A-3 Kingsley Part 3, Annex 4, # 7 Exhibit A-3 Kingsley Part 3, Annex 5, # 8 Exhibit A-3 Kingsley Part 3, Annex 6, # 9 Exhibit A-4 Kingsley Part 4, Annex 7, # 10 Exhibit A-5 Kingsley Part 5, Annex 8, # 11 Exhibit A-4 Kingsley Part 4, Annex 9, # 12 Exhibit A-5 Kingsley Part 5, Annex 10.1-10.2, # 13 Exhibit A-5 Kingsley Part 5, Annex 10.3-10.6, # 14 Exhibit A-5 Kingsley Part 5, Annex 11, # 15 Exhibit A-6 Kingsley Part 6, Annex 12 to 13.1, # 16 Exhibit A-7 Kingsley Part 7, Annex 13.2 to 13.3, # 17 Exhibit A-8 Kingsley Part 8, Annex 13.4 to 13.7, # 18 Exhibit A-9 Kingsley Part 9, Annex 14, # 19 Exhibit A-10 Kingsley Part 10, Annex 15, # 20 Exhibit A-11 Kingsley Part 11, Annex 16, # 21 Exhibit A-11 Kingsley Part 11, Annex 17, # 22 Exhibit A-11 Kingsley Part 11, Annex 18, # 23 Exhibit A-12 Kingsley Part 12, Annex 19, # 24 Exhibit A-12 Kingsley Part 12, Annex 20, # 25 Exhibit a-13 Kingsley Part 13, Anex 21, # 26 Exhibit A-13 Kingsley Part 13, Annex 22, # 27 Exhibit B Sinclair, # 28 Exhibit C Etchevers, # 29 Exhibit D Stemm, # 30 Exhibit E-1 Carlisle Part 1, # 31 Exhibit E-2 Carlisle Part 2, Annex 1, # 32 Exhibit E-2 Carlisle Part 2, Annex 2, # 33 Exhibit E2- Carlisle Part 2, Annex 3, # 34 Exhibit E-2 Carlisle Part 2, Annex 4, # 35 Exhibit E-2 Carlisle Part 2, Annex 5, # 36 Exhibit E-2 Carlisle Part 2, Annex 6, # 37 Exhibit E-2 Carlisle Part 2, Annex 7, # 38 Exhibit E-2 Carlisle Part 2, Annex 8, # 39 Exhibit E-2 Carlisle Part 2, Annex 9, # 40 Exhibit E-3 Carlisle Part 3, Annex 10, # 41 Exhibit E-3 Carlisle Part 3, Annex 11, # 42 Exhibit E-3 Carlisle Part 3, Annex 12, # 43 Exhibit E-3 Carlisle Part 3, Annex 13, # 44 Exhibit E-3 Carlisle Part 3, Annex 14, # 45 Exhibit E-3 Carlisle Part 3, Annex 15, # 46 Exhibit E-3 Carlisle Part 3, Annex 16, # 47 Exhibit E-3 Carlisle Part 3, Annex 17, # 48 Exhibit Ej-3 Carlisle Part 3, Annex 18, # 49 Exhibit e-3 Carlisle Part 3, Annex 19, # 50 Exhibit E-3 Carlisle Part 3, Annex 20, # 51 Exhibit E-4 Carlisle Part 4, Annex 21, # 52 Exhibit E-4 Carlisle Part 4, Annex 22, # 53 Exhibit E-5 Carlisle Part 5, Annex 23, # 54 Exhibit E-5 Carlisle Part 5, Annex 24, # 55 Exhibit E-5 Carlisle Part 5, Annex 25, # 56 Exhibit E-6 Carlisle Part 6, Annex 26, # 57 Exhibit E-6 Carlisle Part 6, Annex 27, # 58 Exhibit E-7 Carlisle Part 7, Annex 28, # 59 Exhibit E-8 Carlisle Part 8, Annex 29, # 60 Exhibit E-9 Carlisle Part 9, Annex 30, # 61 Exhibit E-9 Carlisle Part 9, Annex 31, # 62 Exhibit E-10 Carlisle Part 10, Annex 32, # 63 Exhibit F-1 Flayhart, Part 1, # 64 Exhibit F-2 Flayhart Part 2, Annex 1, # 65 Exhibit F-2 Flayhart Part 2, Annex 2, # 66 Exhibit F-2 Flayhart Part 2, Annex 3, # 67 Exhibit F-2 Flayhart Part 2, Annex 4, # 68 Exhibit F-2 Flayhart Part 2, Annex 5, # 69 Exhibit F-2 Flayhart Part 2, Annex 6, # 70 Exhibit F-3 Flayhart Part 3, Annex 7, # 71 Exhibit F-3 Flayhart Part 3, Annex 8, # 72 Exhibit F-3 Flayhart Part 3, Annex 9, # 73 Exhibit F-3 Flayhart Part 3, Annex 10, # 74 Exhibit F-3 Flayhart Part 3, Annex 11, # 75 Exhibit F-4 Flayhart Part 4, Annex 12, # 76 Exhibit F-4 Flayhart Part 4, Annex 13, # 77 Exhibit F-4 Flayhart Part 4, Annex 14, # 78 Exhibit F-4 Flayhart Part 4, Annex 15, # 79 Exhibit F-4 Flayhart Part 4, Annex 16, # 80 Exhibit F-4 flayhart Part 4, Annex 17, # 81 Exhibit F-5 flayhart Part 5, Annex 18, # 82 Exhibit F-5 Flayhart Part 5, Annex 19, # 83 Exhibit F-5 Flayhart Part 5, Annex 20, # 84 Exhibit F-5 Flayhart Part 5, Annex 21, # 85 Exhibit F-5 Flayhart Part 5, Annex 22, # 86 Exhibit F-5 Flayhart Part 5, Annex 23, # 87 Exhibit F-5 Flayhart Part 5, Annex 24, # 88 Exhibit F-5 Flayhart Part 5, Annex 25, # 89 Exhibit G Goni Etchevers and Fuentes Camacho, # 90 Exhibit H Tedesco, # 91 Exhibit I Tsokos, # 92 Exhibit J Amrhein)(Von Spiegelfeld, Allen)

EXHIBIT A-2

DR. SEAN A. KINGSLEY PART 2 ANNEXES 1 TO 3

ANNEX 1 TO EXHIBIT A
Sean Kingsley Curriculum Vitae.

DR. SEAN A. KINGSLEY

DR SEAN A. KINGSLEY ­ CURRICULUM VITAE
Name: Sean Kingsley. Date of Birth: 20.7.68. Nationality: British. Address: London, United Kingdom.

EDUCATION/QUALIFICATIONS
2004-September 2008 Visiting Fellow, Research Centre for Late Antique and Byzantine Studies, University of Reading. 1996-1999 Doctorate. Somerville College, University of Oxford on Late Roman shipwrecks, trade and economics. British Academy HRB award, 1997-1999. 1987-1990 Lampeter, University of Wales. BA Honours Degree (2.1) in Archaeology and Classical Civilisations. 1982-1986 Kingston Grammar School. A Levels in French, English and History.

KEY SKILLS
Computing: seventeen years of experience with various word processing and publishing packages for PCs and Macs (including QuarkXpress and Photoshop: seven years). Research: cultural, artistic, political and historical subject areas. For popular to scientific consumption, with results presented in table/chart form and both media-friendly and academic formats. Reports: writing, editing and producing various academic and popular articles, books and reports, including publicity material for fundraising, scientific reports for publication, business documents, web copy and popular articles. Communication: extensive experience since 1987 in public talks, tour-guiding, literary festivals, lectures and international conferences. Fundraising: for a museum, archaeology projects, conferences and a charity. Languages: French and Hebrew.

EMPLOYMENT
October 2000-April 2008 (Permanent, October 2000 to April 2005; part-time until April 2008) Managing Editor of Minerva magazine, the international review of ancient art and archaeology. Responsible for the daily management of a team of seven people in the UK and USA from commissions to design, copy-editing, proofreading, pre-press, advertising and accounts. Achievements include:

Annex 1

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Developing Minerva from a specialist magazine for antiquities collectors into a popular cultural product by commissioning thematically diverse copy from journalists, university lecturers, museum curators and heritage workers, making the past relevant to the present. Transforming the magazine from a mixed colour/black and white product into a full glossy magazine printed on silk paper. Appointment of a new editorial advisory board and set of correspondents worldwide to keep the magazine at the cutting-edge of news, research and exhibition reportage. Through the formulation of press releases publicising exclusives, picked up by national newspapers like The Times, the magazine's reputation and readership expanded into 40 countries worldwide. Personal contribution of over 200 editorials, news and exhibition reports, articles and book reviews. Initiating, designing and managing a magazine website (www.minervamagazine.com). Expanded visibility of Minerva beyond the high street to major museums, such as the Ashmolean, Fitzwilliam, Louvre, Bible Lands Museum Jerusalem, and key special exhibition sites, such as `Tutankhamun and the Golden Age of the Pharaohs' at the O2 Centre.

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April 2005-Present Writer. Author of God's Gold. Quest for the Lost Temple Treasure of Jerusalem published by John Murray, London (October 2006) and by HarperCollins, USA (June 2007). Russian, Polish, Brazilian and Czechoslovakian translation rights sold. July 2007-Present Television consultancy. Originator and consultant for filming of God's Gold for two episodes of the Digging for the Truth series for the History Channel (July/August 2007). Talking head for Megastructures of the Deep, History Channel (December 2007). Originator and consultant for Finding Noah, Discovery Channel USA (February/March 2008). December 2007 Design and editorial for the production of Eyesus Hintsa: An Ethiopian Journey through Landscape and Time by Louise Schofield. December 2006-December 2007 Scientific consultant on a (publicly undisclosed) Spanish Armada shipwreck project. 2003-2004 Series Consultant for an encyclopaedia of underwater archaeology produced by Periplus Publishing London Ltd. Commissioner and editor of Barbarian Seas ­ Late Rome to Islam and Vikings: Conquerors, Traders and Pirates. 1996-2004 Author of five academic and coffee-table books, including Shipwreck Archaeology of the Holy Land (Duckworth, 2004). Author of 27 scientific articles on ancient heritage, shipwrecks and the archaeology of the Near East. June 2002-March 2003 Part-time consultant for the deep-ocean marine archaeology company Odyssey Marine Exploration. Dr. Sean A. Kingsley ­ Curriculum Vitae 2

April 2000 Editorial assistant for Dr Bryan Ward-Perkins, Trinity College Oxford, in production of the archaeology journal Papers of the British School at Rome. May 1999 Co-ordinator of a conference at the University of Oxford on `Economy and Exchange in the East Mediterranean in Late Antiquity'. Sean edited the proceedings into a book published through Oxbow, Oxford. 1993-2007 Contributing author to magazines and newspapers, including Times Higher Education Supplement, History Today, Jerusalem Post, Jewish Quarterly, Minerva, Eretz (Israeli national geographical magazine) and Europa Nostra. 1987-2003 Extensive experience setting up, directing, consulting on and publishing archaeological and heritage projects, including: 1. May 2003 ­ co-director of survey of the endangered heritage of coastal Montenegro on behalf of the Institute of World Archaeology, University of East Anglia. 2. October 1999 ­ director of the excavation of a 6th-century AD shipwreck in the ancient port of Dor, Israel (Somerville College, University of Oxford). 3. 1994-97 ­ ancient pottery specialist for international projects for Bar-Ilan University, Israel, Rutgers University, Newark, USA, Centre National de Recherche Scientifique, France, and the Israel Antiquities Authority. 4. September/October 1994 ­ supervisor the Palestine Exploration Fund in the Landscape Archaeology Project at Dor, Israel. Patterns in landscape change were recorded over 10 square km. 5. April 1991-December 1992 ­ founder and co-director of the Dor Maritime Archaeology Project. Discovery and documentation of nine shipwrecks (1200 BC to AD 1850), the largest concentration in the eastern Mediterranean. The results are fully published. 6. June/July 1990 ­ supervisor in a regional landscape study on the island of Anglesy, Wales. Hundreds of test-pits were cut around two Neolithic megalithic tombs to investigate artefact density patters. Project directed by Dr. Mark Edmunds of Cambridge University and Dr. Julian Thomas from Lampeter, University of Wales. 7. 1987-1992 (part-time in summers and full-time April 1991-June 1992) ­ staff member at the Centre of Nautical and Regional Archaeology, Israel. The Centre was established in 1976 as the base of the marine unit of the Israel Department of Antiquities and functions as a regional museum. It protects, preserves and documents the regional cultural heritage on land and in the sea to create a popular bridge between academia and the general public. Duties undertaken ranged from presenting guided tours to participating in underwater surveys, producing an educational film about the region's ancient cultures, artefact restoration and documentation, and co-directing excavations and surveys on land. 8. June/July 1988 ­ site assistant in the excavation of a Neolithic megalithic tomb at Banc Rhosgoch Fach, Wales. Directed by Dr. Julian Thomas from Lampeter, the University of Wales.

Dr. Sean A. Kingsley ­ Curriculum Vitae

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9. September 1987 ­ excavation of a medieval waterfront at Jenning's Wharf, Windsor, for the Trust for Wessex Archaeology.

CONFERENCES Extensive experience lecturing nationally and internationally in the UK, Croatia and Spain. Recent contributions: `Please Mind the Gap: the "Byzlamic" Maritime Revolution in Israel' ­ Maritime Archaeology and Ancient Trade in the Mediterranean, University of Carlos III, Madrid, Spain, 18-20 September, 2008. `Decline & Fall in Late Antique Croatia: Analytical Models for Marine Archaeology' ­ Underwater Archaeology: Past, Present, Future. EAA conference Session, Zadar, Croatia, 22.23. September 2007. `Mapping Trade by shipwrecks'; `Great Voyages, Great Ocean-going Ships?' ­ Thirty-eighth Spring Symposium of Byzantine Studies, St John's college, University of Oxford, March 2004. PERSONAL
Sports: basketball (captain at Lampeter, University of Wales; University of Oxford second team), judo (silver medal in southern Britain championship), rowing (first place at Henley Head of the River; silver medal Ghent international regatta), kung fu, diving, gym. Other: creative writing and technical drawing; non-executive company director for the Palestine Exploration Fund, London; Anglo-Israel Archaeological Society committee member; novel reading; theatre. Founder of the Centre for Archaeology in the Bible Lands (CABL) aimed at fostering crossborder tolerance and scientific collaboration in the Middle East.

PUBLICATIONS
POPULAR ARTICLES
Over 200 articles, news features and editorials for Minerva, The Jerusalem Post, Eretz (geographical magazine of Israel), and The Times Higher Education Supplement on: shipwreck archaeology; global heritage; archaeology of the Near East, Asia, Roman and Byzantine Empires, medieval and early modern Europe. Please enquire for a list.

BOOKS
Kingsley, S., 2007. God's Gold. Quest for the Lost Temple Treasure of Jerusalem (Harper Collins). Kingsley, S., 2004. Barbarian Seas ­ Late Rome to Islam (Periplus London). Kingsley, S., 2004. Shipwreck Archaeology of the Holy Land. Processes and Parameters (Duckworth, London). Kingsley, S., 2002. A Sixth-Century A.D. Shipwreck off the Carmel Coast, Israel. Dor D and Holy Land Wine Trade (Archaeopress, Oxford). Dr. Sean A. Kingsley ­ Curriculum Vitae 4

Kingsley, S.A. and Decker, M. (Eds.), 2001. Economy and Exchange in the East Mediterranean during Late Antiquity (Oxbow, Oxford). Kingsley, S.A. and Raveh, K., 1996. The Ancient Harbour and Anchorage at Dor, Israel. Results of the Underwater Surveys, 1976-1991 (BAR Int. Series S 626, Oxford).

SCIENTIFIC ARTICLES
Dauphin, C. and Kingsley, S., 2003. `Ceramic Evidence for the Rise and Fall of a Late Antique Ecclesiastical Estate at Shelomi, Phoenicia Maritima'. In G. C. Bottini, L. Di Segni, L.D. Chrupca (Eds.), One Land - Many Cultures. Archaeological Studies in Honour of Stanislao Loffreda (Franciscan Press, Jerusalem, 2003). Gibson, S., Kingsley, S. and Clarke, J., 1999. `Town and Country in the Southern Carmel: Report on the Landscape Archaeology Project at Dor, Israel (LAPD)'. Levant 31, 71-121. Grossmann, E. and Kingsley, S., 1996. `A Three-Hole Stone Anchor with Wood Remains from Crusader Arsuf (Apollonia), Israel'. International Journal of Nautical Archaeology 25.1, 49-55. Kingsley, S., 1994. `Book Review of A.J. Parker's Ancient Shipwrecks of the Mediterranean and the Roman Provinces'. Sefunim 8, 107-8. Kingsley, S., 1994-1995. `Bag-Shaped Amphorae and Byzantine Trade: Expanding Horizons'. Bulletin of the Anglo-Israel Archaeological Society 14, 39-56. Kingsley, S., 1997. `The Utica Ship Graffito Reconsidered'. International Journal of Nautical Archaeology 26.1, 58-64. Kingsley, S., 1998. `Anchorages Ancient and Marinas Modern: Ignoring Roman and Byzantine Maritime Heritage'. Bulletin of the Anglo-Israel Archaeological Society 16, 122-125. Kingsley, S., 1999. `A Sample of Persian period, Ancient Greek and Hellenistic Pottery from the Temenos of Apollo and Asclepius at Dor'. Liber Annus 49, 426-30. Kingsley, S., 1999. `The Sumaqa Pottery Assemblage: Classification and Quantification'. In S. Dar (Ed.) Sumaqa. A Roman and Byzantine Jewish Village on Mount Carmel, Israel (BAR Int. Series 815, Archaeopress, Oxford). Kingsley, S., 2000. `Shipwreck Archaeology in Israel: an Undeveloped Historical Resource', Bulletin of the Anglo-Israel Archaeological Society 18, 57-72. Kingsley, S., 2001. `The Economic Impact of the Palestinian Wine Trade in Late Antiquity'. In S.A. Kingsley and M. Decker (Eds.). Economy and Exchange in the East Mediterranean during Late Antiquity. Proceedings of a Conference at Somerville College, Oxford - May 29th, 1999 (Oxbow Books Monograph, Oxford). Kingsley, S., 2001. `Decline in the Ports of Palestine during Late Antiquity'. In L. Lavan (Ed.), Recent Research in Late Antique Urbanism (JRA Suppl., Portsmouth). Kingsley, S.A., 2002. `Late Antique Trade: Research Methodologies and Field Practices'. In L. Lavan and W. Bowden (Ed.), Theory and Practice in Late Antique Archaeology (Late Antique Archaeology, 1; Leiden).

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Kingsley, S.A., 2003. `The Dor D Shipwreck and Holy Land Wine Trade', International Journal of Nautical Archaeology 32.1, 85-90. Kingsley, S.A., 2006. `Bethesda, Jerusalem, 1999 ­ A Preliminary Pottery Report'. Liber Annus. Kingsley, S.A., 2008. `Mapping Trade by Shipwrecks'. In M. Mundell-Mango (Ed.), Byzantine Trade, 4th-12th Centuries (Ashgate, Oxford). Kingsley, S.A., 2008. `Great Voyages, Great Ocean-Going Ships?' In M. Mundell-Mango (Ed.), Byzantine Trade, 4th-12th Centuries (Ashgate, Oxford). Kingsley, S.A., Forthcoming. `Decline & Fall in Late Antique Croatia: Analytical Models for Marine Archaeology'. In I. Radi Rossi, A. Gaspari and A. Pydyn (Eds.), Underwater Archaeology: Past, Present, Future. Proceedings of the EAA conference Session, Zadar, 22.-23. September 2007. Kingsley, S.A., Forthcoming. `From Carmel to Genesis: A Neolithic Flood for the Holy Land?' Bulletin of the Anglo-Israel Archaeological Society 26 (2008). Kingsley, S. and Decker, M., 2001. `New Rome, New Theories on Inter-Regional Exchange. An Introduction to the East Mediterranean Economy in Late Antiquity'. In S.A. Kingsley and M. Decker (Ed.). Economy and Exchange in the East Mediterranean during Late Antiquity. Proceedings of a Conference at Somerville College, Oxford - May 29th, 1999 (Oxbow Books Monograph, Oxford). Kingsley, S. and Raveh, K., 1994a. `Stamped Lead Ingots from the Coast of Israel'. International Journal of Nautical Archaeology 23.2, 119-28. Kingsley, S. and Raveh, K., 1994b. `Stone Anchors from Byzantine Contexts in Dor harbour, Israel'. International Journal of Nautical Archaeology 23.1, 1-12. Kingsley, S. and Raveh, K., 1994c. `Lower Dor - 1991/1992'. Israel Exploration Journal 44, 250-53. Kingsley, S. and Raveh, K., 1994d. `A Reassessment of the Northern Harbour of Dor, Israel'. International Journal of Nautical Archaeology 23.4, 289-295. Raveh, K. and Kingsley, S., 1991. `The Status of Dor in Late Antiquity: a Maritime Perspective'. Biblical Archaeologist 54.4, 198-207. Raveh, K. and Kingsley, S., 1992. `The Wreck Complex at the Entrance to Dor Harbour, Israel: Preliminary Details'. International Journal of Nautical Archaeology 21.4, 309-315. Raveh, K. and Kingsley, S., 1993a. `Maritime Dor'. In E. Stern, (Ed.), The New Encyclopedia of Archaeological Excavations in the Holy Land (Israel Exploration Society and Carta, Jerusalem). Raveh, K. and Kingsley, S., 1993b. `Dor Beach'. Hadashot Arkheologiyot 100, 35. (Hebrew). Raveh, K. and Kingsley, S., 1994. `Lower Dor'. Hadashot Arkheologiyot 101-2, 62-3. (Hebrew).

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