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

Filing 23

MOTION for preliminary injunction by Odyssey Marine Exploration, Inc.. (Attachments: # 1 Text of Proposed Order)(Von Spiegelfeld, Allen) Modified on 8/8/2007 (jlh, ). TERMED; REFILED AT DOC 28

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

Doc. 23 Att. 1

Case 8:07-cv-00614-SCB-MAP

Document 23-2

Filed 08/06/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA Tampa Division In Admiralty

ODYSSEY MARINE EXPLORATION, INC.

Plaintiff

CIVIL ACTION

Case No: 8:07-CV-00614-SCB-MAP

THE UNIDENTIFIED, SHIPWRECKED VESSEL if any, its apparel, tackle, appurtenances and cargo located within a five mile radius of the center point coordinates provided to the Court under seal
Defendant;

mrem
and

The Kingdom of Spain
Claimant and Defendant.

. ORDER
NOW , this
day of

2007 , upon consideration of Plaintiff

Odyssey Marne Exploration, Inc.'s ("Plaintiff' ) Amended Verified Complaint in Admiralty, the
Plaintiffs Motion for Order Granting Preliminar Injunctive Relief, and the Sworn Statement of

Plaintiffs Cofounder, Gregory P. Stemm, the Court finds as follows:
The Defendant Site is located in the Atlantic Ocean beyond the terrtorial waters
or contiguous zone of any sovereign nation.

Dockets.Justia.com

Case 8:07-cv-00614-SCB-MAP

Document 23-2

Filed 08/06/2007

Page 2 of 2

The Plaintiff has arested the Defendant Site and has been appointed Substitute
Custodian over the arifacts recovered therefrom.
There is a reasonable possibility that unkown parties may attempt to interfere

with the Plaintiffs ongoing recovery operations at the Defendant Site , and such interference
would cause irreparable injury and har to Plaintiff as well as to the Defendant Site , itself, thus

justifying the immediate issuance of preliminar injunction until the hearng and resolution of

this proceeding. Plaintiff warants to the Court that it shall monitor evidence of activity related
to the Defendant Site and give notice of the Order to any third party coming within the area of
the Defendant Site.

NOW , THEREFORE, IT IS ORDERED as follows:

Plaintiffs Motion for a Preliminar Injunction

confirming the Plaintiffs

exclusive rights to recover the Unidentified Shipwrecked V essellocated

within the area defined

by the center point coordinates given to the Court under seal and temporarily enjoining and restraining any and all interference by any third parties with Plaintiffs
salvage the Defendant Site is hereby GRANTED.
IT IS FURTHER ORDERED that any and all third paries are hereby enjoined
exclusive rights

from conducting search and/or recovery operations , or conducting activities which would disturb
the Defendant Site in any maner or that would interfere with Plaintiffs
exclusive rights

continue its recovery the Defendant Site.
IT IS SO

ORDERED.