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.
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