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

Filing 239

MOTION to file amicus brief by United States of America. (Attachments: # ALL ATTACHMENTS ARE STRICKEN AND IMAGE REMOVED PURSUANT TO THE COURT'S 244 ORDER (1) Statement of Interest and Brief of the United States as Amicus Curiae in Support of the Kingdom of Spain, # 2 Declaration of Ambassador David A. Balton, # 3 Exhibit A - Declaration of Ambassador David A. Balton, # 4 Exhibit B - Declaration of Ambassador David A. Balton, # 5 Exhibit C - Declaration of Ambassador David A. Balton, # 6 Declaration of Vice Admiral James W. Houck, # 7 Exhibit A - Declaration of Vice Admiral James W. Houck, # 8 Declaration of Larry E. Murphy, # 9 Certificate of Service)(O'Malley, Barbara) Modified on 9/21/2009 (AG).

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ODYSSEY MARINE EXPLORATION, INC., Plaintiff, v. UNIDENTIFIED, SHIPWRECKED VESSEL, Defendant, KINGDOM OF SPAIN, et al., Claimants. __________________________________/ ORDER Pursuant to 28 U.S.C. § 517, the United States moves (Doc. 239) for "Authorization to File Statement of Interest and Amicus Curiae Brief in Support of Kingdom of Spain." The plaintiff responds (Doc. 240) in opposition and alternatively moves unopposed for leave to respond to the "Statement of Interest." The United States' unauthorized motion is untimely and fails to comply with Local Rule 3.01, which states that a motion requesting leave to submit a further memorandum "shall not exceed three (3) pages, shall specify the length of the proposed filing, and shall not include, as an attachment or otherwise, the proposed motion, response, reply, or other paper." Accordingly, the "Statement of Interest" (Doc. 239-2) and each exhibit to the "Statement of Interest" is STRICKEN. The Clerk is directed to electronically delete docket item numbers 239-2 through 239-10. Nevertheless the United States' CASE NO: 8:07-cv-614-T-23MAP

motion (Doc. 239) to submit a statement of interest is GRANTED. On or before October 2, 2009, the United States may submit a statement of interest of no more than ten (10) pages. Because the United States asserts an interest only after the opportunity to offer evidence to the magistrate judge and after the report and recommendation, the statement of interest may not include evidentiary matter, such as an exhibit, affidavit, declaration, or any other evidentiary matter not offered to the magistrate judge for consideration. The plaintiff's unopposed motion (Doc. 241) to respond to the statement of interest of the United States is GRANTED. No later than ten (10) days after the United States submits the statement of interest, the plaintiff may file a response of no more than ten (10) pages. Finally, the plaintiff's motion (Doc. 242) for leave to reply in support of the objections to the magistrate judge's report and recommendation is GRANTED. On or before October 16, 2009, the plaintiff may submit a reply of no more than ten pages. ORDERED in Tampa, Florida, on September 18, 2009.

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Magistrate Judge

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