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

Filing 25

AMENDED COMPLAINT against The Unidentified Shipwrecked Vessel filed by Odyssey Marine Exploration, Inc.. (Attachments: # 1 Sworn Statement of Greg Stemm - Part 1# 2 Sworn Statement of Greg Stemm - Part 2)(Von Spiegelfeld, Allen)

,"

/:

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

Doc. 25

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

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

ODYSSEY MARINE EXPLORATION, INe.

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; in rem
and

The Kingdom of Spain
Claimant.

AMENDED VERIFIED COMPLAINT IN ADMIRALTY
Plaintiff, Odyssey Marine Exploration, Inc. (" Odyssey ), by and through
its undersigned counsel, and in response to the Opposed Motion of Claimant Kingdom of
Spain ("Claimant") for a More Definite Statement hereby states that it does not object to
Claimant' s Motion and in response thereto files this, its Amended Complaint in rem

against the Unidentified Shipwrecked Vessel, if any, its apparel, tackle, appurtenances
and cargo (hereinafter Defendant Site ) located within a five mile radius of the center

point coordinates which have been previously provided to the Court under seal (filed with
the initial Complaint (Dkt. 1) filed on April 9, 2007) and the Kingdom of Spain

Dockets.Justia.com

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Claimant, along with the attached documentation including the Sworn Statement of

Gregory P. Stemm, Odyssey s Cofounder, and attachments thereto.

THE PARTIES

Odyssey is a Nevada corporation with its principal place of business at
5215 West Laurel St. , Tampa, Florida 33607. Odyssey is engaged in the business

of deep ocean exploration and the recovery of shipwrecks around the world.

The Defendant Site is at a depth of approximately II 00 meters, beyond

the terrtorial waters or contiguous zone of any sovereign nation, approximately
100 miles west ofthe Straits of Gibraltar in the Atlantic Ocean. The center point
coordinates of the area in which the Defendant Site is located have been provided
to the Court under seal. Evidence at the Defendant Site indicates that efforts, if

any, by any previous owner to salvage the Defendant Site and/or its cargo have
been long since abandoned.
Claimant herein, Spain, filed a Verified Claim on May 31 2007 , (Dkt. 13)

stating in part that "the Kingdom of Spain has not abandoned its ownership rights

and other rights in sunken vessels of the Kingdom of Spain, in vessels sunk while
in the service of the Kingdom of Spain, and in cargo or other property of the
Kingdom of Spain on or in sunken vessels."
Spain

s Verified Claim does not

assert a basis for any claim specific to this Defendant Site.

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II.

JURISDICTION AND VENUE

This is a case of admiralty and maritime jurisdiction stating a maritime
claim within the meaning of Rule 9(h) of the Federal Rules of Civil Procedure and

Supplemental Admiralty Rules C and D as hereinafter more fully appears. This
Court has original jurisdiction over this matter pursuant to 28 U.
e. gg 1331 and

1333. In addition, the Cour has in personam jurisdiction over the Plaintiff and

constructive quasi in rem jurisdiction over the Defendant Site.
This Court has,

or wil have during the pendency of this action

jurisdiction over any potential claimant including Claimant, Spain, and/or
competing salvors by virte
of

its contacts to this forum; the nature of the

Plaintiffs admiralty action; the relationship of

the potential claimant and/or salvor

to the Plaintiff, the submission of a claim (such as that of Spain) by any potential
claimant in this forum; and/or under the principles of jurisdiction by necessity.
This Court' s

exercise of jurisdiction over Spain and other competing

claimants and/or salvors is necessary to prevent irreparable injury to, or

destruction of the Defendant Site; to allow the Plaintiff to continue to pursue its ongoing survey and recovery operations without interference; to bring the

recovered artifacts within this District; and to prevent destruction ofthis Court'
actual and potential jurisdiction.

Venue is proper in the Middle District of Florida, Tampa Division
pursuant to 28 U.
e. g 1391 and Local Rule 3(A) and (B)(3).

Plaintiffs

principal place of business is located in this District, and the artifacts recovered

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from the Defendant Site have been brought within the District and are undergoing
appropriate conservation and preservation efforts.

III.

PROCEDURAL BACKGROUND
On April 9, 2007, Odyssey filed the initial Verified Complaint In

Admiralty In Rem (Dkt. 1) against the Defendant in this case. Odyssey also
turned over to the U. S. Marshal a small bronze block recovered from the

Defendant Site for the symbolic arrest of the Defendant Site.
On April 13 ,

2007, this Court entered the Order Appointing Substitute

Custodian (Dkt. 8) and found that Odyssey was duly qualified to serve as the
Substitute Custodian of the bronze block and other artifacts recovered from the
Defendant Site.
10.

On April 12 , 2007, (Dkt. 5) this Court issued an Order Directing the
Issuance ofa Warrant of Arest. On April 13 ,

2007, the Clerk issued the Warrant

of Arest.
11.

On May 31 2007 , Claimant, the Kingdom of Spain filed its Verified

Claim (Dkt. 13). Spain s claim does not assert a basis for any claim specific to
this Defendant Site.
12.
On June 19

2007 , the Kingdom of Spain filed its Opposed Motion of

Claimant of Spain for a More Definite Statement and Other Disclosure or, in the
Alternative to Dismiss (Dkt. 16).
13.

On June 26 2007 , Odyssey filed its Unopposed Motion for an Extension

of Time in which to respond to the Motion (Dkt. 17), and on June 27 2007 , this

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Court granted the Motion (Dkt. 18) giving Odyssey until July 23 2007 , to file a
response.
14.

Odyssey filed a Motion for Extension on July 23 , 2007 (Dkt. 19), and this

Court entered an Endorsed Order (Dkt. 20) granting Odyssey s Motion and giving
Odyssey until August 6, 2007 , to file its response.
III.

FACTS
15.

The Defendant Site rests on the sea floor of the Atlantic Ocean at a depth
of approximately 1100 meters, beyond the terrtorial waters or contiguous zone of

any sovereign nation. The Defendant Site s position is located within a five mile
radius of the center point coordinates which have been provided to the Court
under seal. Upon information and belief, no other salvor is currently working on

the Defendant Site. Odyssey does not have any specific knowledge of any
archaeological or salvage operations other than those by Odyssey which have

been conducted on the Defendant Site or in the general area, and to the best of
Odyssey s knowledge, no salvor has sought to protect an interest in the Defendant
Site through an arrest.
16.

Odyssey first located the Defendant Site in March, 2007 using

sophisticated sonar and magnetometer equipment. At the time of filing of the
initial Complaint, Odyssey had not discovered evidence of a ship, but based upon
its research, it believed that the vessel associated with the wreck site was a

nineteenth century ship. At the time of fiing of this Amended Complaint
Odyssey stil has not recovered evidence which would confirm the identity of a

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particular ship related to the artifacts recovered.
17.

When Odyssey first filed the initial Complaint, it had surveyed the
Defendant Site and had begun an archaeological pre-disturbance survey taking video and photographs in order to create a photomosaic image of the Defendant
Site , using a surface-controlled remotely operated vehicle ("ROV"

Odyssey

placed an aray of 5 acoustic beacons on towers around the Defendant Site to
provide navigational information and precise positioning information. Odyssey
has since completed the survey and the photomosaic image of the Defendant Site.
18.

Subsequent to the arest, and this Court' s order appointing Odyssey as

Substitute Custodian, Odyssey found and safely transported artifacts to the

Middle District of Florida from the Defendant Site which are undergoing conservation according to strict archaeological protocols. Odyssey has prepared a Preliminary Site Assessment (hereinafter PSA" ) regarding the Defendant Site
and the artifacts recovered, and will present that to the Court under seal. Odyssey

files herewith its Motion for Protective Order which references the PSA and the

need for assurance prior to filing that the PSA wil

be kept

confidential. Nothing

recovered to date from the subject Defendant Site confirms an interest in the

artifacts of any third party including the Kingdom of Spain. Odyssey is prepared
to release information from the PSA as directed by the Court to Claimant , Spain

however, given that Odyssey has found no evidence which would confirm the
identity of a ship or an interest of Spain or any other third party in this particular
site , Odyssey submits that there is nothing which would require that the Kingdom

of Spain or any other third party be given any more specific information other

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than what is contained in this Amended Complaint and the Exhibits which are

part of the public record. When and if Odyssey discovers evidence which
confirms that the wreck is that of a particular ship, Odyssey wil
notice to any third party with a potential interest.
19.
properly give

Odyssey s survey and recovery operation has been , and wil continue to
, conducted in accordance with all appropriate archaeological protocols and under the direction of an experienced nautical archaeologist.

20.

Odyssey, its agents and associates , have invested substantial time , money

and effort in locating, surveying and photographing the Defendant Site , and in

planing the archaeological recovery of the artifacts from the Defendant Site.
21.

Odyssey, its agents and associates , have been actively, voluntarily and

successfully engaged in the process of reducing artifacts from the Defendant Site

to the Plaintiffs exclusive custody, possession, dominion and control, as
circumstances permit, and Odyssey has the present ability and intention to
continue to do so during the pendency of this action.

22.

Odyssey s recovery of arifacts from this and other sites has been the

subject of intense international media attention especially in Spain. Many
Spanish media reports have been filled with inaccuracies including false claims

that artifacts were recovered ilegally from Spanish terrtorial waters. As a result
of the false reports, and despite Odyssey s continued assurance that no artifacts

have been recovered anywhere near Spanish terrtorial waters, Odyssey became

the subject of a criminal investigation in Spain. In fact , Odyssey became aware
through the Spanish press that Spanish authorities would intercept and inspect

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Odyssey

s vessels (The

Ocean Alert

and the

Odyssey Explorer)

if they attempted

to depart Gibraltar where they were docked. Odyssey s attorneys were denied

access to the order, however, and were told that the order was "secret." Odyssey

attempts to appear in its defense were unsuccessful. Thus, Odyssey prepared a
Sworn Statement of Gregory P. Stemm, Odyssey s Cofounder, explaining
Odyssey s actions and the facts surrounding the arrest, the recovery, and the

subsequent claims and baseless detention of Odyssey s ships by Spain. (A copy
of the Sworn Statement including all Exhibits is attached hereto).
23.

Despite the fact that Odyssey provided the Sworn Statement and further

information regarding its recovery to Spanish officials, and despite the assurance
ofthe Spanish criminal judge (Judge Juan Jose

Navas Blanquez sitting in

substitution ofthe Judge for the Number Three First Instance and Preliminary
Investigating Court of La Linea de la Concepcion and district - a different judge

from the one who signed the original "secret order ), that Odyssey s vessels
would not be boarded without the consent ofthe Master or forcibly taken to a
Spanish port, on July 12, 2007, while Odyssey was moving its vessel the
Alert

Ocean

from Gibraltar, and while the vessel was in international waters, Spain
seized the vessel

boarded the vessel under protest from the Master and ilegally

forcing it into the Spanish port of Algeciras. Having alerted the Spanish media to
the boarding and seizure, Spanish authorities paraded the
coastlne for photograph and video opportnities.
Ocean Alert

along the

Additionally, despite her

protests , officials seized the personal computer of one of Odyssey s attorneys
Mare Rogers,

and ilegally copied all attorney/client privileged information

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regarding Odyssey and other clients. As of the date of this Amended Complaint
the computer has been returned without the hard drive. The original hard drive

and copy are retained in the custody of the court. A formal complaint and request
for the return of the hard drive and all copies taken has been made to the court and

is currently pending decision by the Judge as to the legitimacy of the seizure of
the laptop.

Once in Algeciras, Odyssey s crew and attorneys were forced by the

Spanish officials to sit in the scalding sun for approximately seven hours without

food or water or use of the restroom. Their passports were taken (but returned
later that day) as were all of their electronic equipment (of which the hard drives
have been removed and only the empty laptops returned). The

Odyssey Explorer
of the criminal order and threatened

remains blockaded in Gibraltar by virte

seizure by Spain. Odyssey s rights granted by this Court to continue its recovery
have been restricted by Spain, and Odyssey s damages as a result of Spain
conduct are extensive.
IV.

PLAINTIFF' S CLAIMS
COUNT I

POSSESSORY AND OWNERSHIP CLAIM PURSUANT TO THE LAW OF FINDS
24.

Plaintiff incorporates herein by reference, as though fully set forth herein

the allegations set forth above in paragraphs 1 through 23.
25.

This count arises under Supplemental Admiralty Rule D and the general
maritime law.

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26.

The Plaintiff is, by virte

of

its exclusive possession, dominion and

control of the Defendant Site, in possession of the arifacts recovered from the
Defendant Site, and has taken such actions as are necessary to constitute

continued possession, dominion and control of the Defendant Site and the
recovered artifacts.

27.

As there is no extant owner ofthe Defendant Site or its artifacts, Odyssey

is entitled to an adjudication of title and ownership in the Defendant Site, and her
artifacts , and the right to continue recovery of the Defendant Site and her artifacts

without the interference of any other salvor, claimant, agency, department or
instrumentality of any governent, domestic or foreign.

COUNT II

SALVAGE AWARD CLAIM PURSUANT TO THE LAW OF SALVAGE
28.

Plaintiff incorporates by reference, as though fully set forth herein, the
allegations , set forth above in paragraphs 1 through 27.

29.

This count arises under Supplemental Admiralty Rule C and the general
maritime law as salvage services constitute a preferred maritime lien.

30.

The Defendant Site and her artifacts are subject to maritime peril and are
in an utterly helpless condition from which they could not be rescued without the
voluntar and

successful services of Odyssey, its agents and associates.

31.

Plaintiff is under no legal obligation or official duty to render salvage
services to the Defendant Site.

32.

Plaintiffs voluntary services

have been and will continue to be successful

in rescuing and/or helping to rescue artifacts from the Defendant Site in order to

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investigate and research the Defendant Site, to preserve and display artifacts of

historical and archaeological significance, and to return recovered portions to the
stream of commerce from which they were lost.
33.

Plaintiff, by virte

of services performed,

the private risk capital

expended , and the time spent and danger incurred in finding and recovering

arifacts from the Defendant Site, is entitled to a liberal salvage award for such
servIces.

COUNT III

CLAIM FOR INJUNCTIVE RELIEF TO PROTECT THE RECOVERY OPERATION
34.

Plaintiff incorporates by reference, as though fully set forth herein, the

allegations set forth above in Paragraphs 1 through 33.
35.

The rights and efforts of the Plaintiff, the economic value and integrty of
the artifacts sought, the successful recovery of lost and abandoned property at sea

and the safety of life and limb mandate that Plaintiffbe protected by the Court in
maintaining exclusive dominion and control of its recovery activities concerning

the Defendant Site without the interference of third parties for as long as Plaintiff
intends to conduct operations at the Defendant Site.

36.

Allowing interference with the Plaintiffs ongoing operations would

substantially and irreparably injure the Plaintiff, would be inequitable, would be
harmful to the public good, would constitute a significant hazard to safe and
successful salvage operations, and would be contrary to a balancing of the

respective interests of the parties and the comparative hardships borne.
37.

In order to adequately protect the security and the archaeological integrty

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of the Plaintiffs recovery operations, this Court should enter a preliminary
injunction prohibiting any rival salvors or entity from conducting search and/or
recovery operations,

or conducting activities that would disturb the Defendant

Site in any manner, or that would interfere with the Plaintiffs rights to continue

its recovery of the Defendant Site.
COUNT IV

DECLARATORY JUDGMENT
38.

Plaintiff incorporates by reference, as though fully set forth herein, the

allegations set forth above in Paragraphs 1 through 37.
39.

This is an action for a Declaratory Judgment pursuant to 28 U.
2201 (a).

C. g

40.

Defendant Site is located on the submerged lands located in the Atlantic Ocean within a five mile radius of the center point coordinates provided to the

Court under seal. This is in an area located beyond the terrtorial waters or
contiguous zone of any sovereign nation.
41.
No governent, individual and/or corporation has the authority to

interfere with Odyssey s exploration and/or recovery of the Defendant Site , or to
grant , condition or deny the right of Odyssey to do so within the waters of the

Atlantic Ocean, beyond the terrtorial sea or contiguous zone of any sovereign

nation; and the Defendant Site is subject to the admiralty laws of abandonment
and the law of finds, or the martime law of salvage.

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COUNT V

QUANTUM MERUIT,

CLAIM OF EQUITABLE RELIEF FOR UNJUST ENRICHMENT AND ALLIED THEORIES

42.

Plaintiff incorporates herein by reference, as though fully set forth herein

the allegations set forth in paragraphs 1 through 41.
43.

This cause of action is pled in the alterative to Count II. This cause
action seeks equitable relief, which is within the grounds of relief available to a federal district court sitting in admiralty. This count is pendent with the remaining causes of action. To the extent that a separate basis of jurisdiction is
required to sustain this count, Plaintiff alleges a diversity of citizenship of the
parties and that the jurisdictional amount of at least $75 000 , as per 28 U.
C. g

1332(a), has been satisfied here. Additionally, insofar as a foreign sovereign may
properly appear in this admiralty action as a claimant , as per 28 U.S. e.
1607 , this Court would have jurisdiction to adjudicate this count.
gg 1605

44.

In the event a claimant successfully asserts ownership to all or part of the
Defendant Site, cargo, or effects, and also successfully disclaims or refuses

Plaintiffs salvage rights for the relevant part ofthe Defendant Site , cargo, or
effects , Plaintiff wil have incurred substantial costs and expense for the recovery,

stabilization , conservation, curation, identification, and protection of the vessel, if
any, cargo, and effects, all of which costs and expenses were incurred reasonably

and in good faith by Plaintiff.
45.

Recovery of the Defendant Site and any artifacts therefrom as well as

evidence which would support any claimant's interest in the Defendant Site

would necessarily stem from Plaintiffs efforts in recovering and identifying the

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Defendant Site and artifacts. But for the Plaintiff s efforts and the costs and
expenses associated therewith, there would be no recovery and no basis for proof
of an interest.
46.

These costs and expenses, both direct and indirect, as incurred by Plaintiff
should be reimbursed and compensated in full by a successful claimant in order to
avoid an unjust enrchment on the part of that claimant, and also on grounds of

quantum meruit inuring in favor ofthe Plaintiff. Plaintiff would also be entitled
to equitable relief based on other equitable theories.
47.

This Court should determine the reasonable costs and expenses incurred

by Plaintiff, both direct and indirect, as attributable to the recovery, stabilization
conservation , curation, identification, and protection of the vessel, if any, cargo
and effects, on behalf of any successful claimant within the purview of this count.

This Court should grant an equitable

in specie

award to Plaintiff, compensating

and reimbursing it for its reasonable costs and expenses, to be charged against any property which a successful claimant might receive by order of this Court.
COUNT VI

CLAIM FOR DAMAGES SPECIFIC TO CLAIMANT, SPAIN
48.

Plaintiff incorporates herein by reference, as though fully set forth herein

the allegations set forth in paragraphs 1 through 47.
49.

In addition to the equitable relief requested in Count V, and irrespective of whether Spain ultimately prevails in its claim against the Defendant Site, Plaintiff requests this court grant affirmative relief in its favor against Claimant, Spain
based upon its tortious conduct more specifically described in paragraph 23 and

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its active interference with Odyssey s possessor rights.
50.

Based upon the arrest and this Court' s order, appointing Odyssey
Substitute Custodian, Spain has a duty to refrain from interfering with Odyssey

activities related to the Defendant Site.
51.

Spain has clearly interfered with Odyssey s rights and has caused Odyssey
extensive damages including but not limited to:
(a)

costs associated with the forced detention and blockade of
Ocean Alert and the Odyssey Explorer)

Odyssey

s vessels (the

in Gibraltar, including but

not limited to actual costs and lost opportnity;
(b)

costs and expenses related to Odyssey s defense against the

baseless criminal order issued in Spain;

(c)

costs related to the ilegal boarding and seizure of the

Ocean Alert

including the seizure of personal items from Odyssey s crew and Odyssey s attorney;
(d)

damages related to any unlawful use or publication of privileged

information seized by Spain;
(e)

damages as a result of the unlawful, unfair, and inhumane

treatment of Odyssey s crew and attorneys; and
(f)

damages for loss of reputation caused by Spain s activities and

statements made in public by Spanish authorities including the Minister of Culture
against Odyssey without any factual or legal basis.
PRAYER FOR RELIEF

WHEREFORE , Plaintiff prays for relief as follows:
(a)

that a Declaratory Judgment issue that the Defendant Site is

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subject to the admiralty laws of abandonment and the law of finds, or the martime law of
salvage.
(b)
that a Declaratory Judgment issue that no government has the

jurisdiction or authority to interfere with exploration for and/or recovery of the Defendant
Site , or to grant, condition or deny the right of Odyssey to do so within the waters of the

Atlantic Ocean, beyond the terrtorial sea or contiguous zone of any sovereign nation.
(c)

that Odyssey be adjudged the true, sole and exclusive owner of the

Defendant Site and any items recovered therefrom;
(d)

in the alternative, that should Spain or any claimant other than

Odyssey be adjudged the owner of the Defendant Site and/or a Shipwrecked Vessel

which may be found to be related to the Defendant Site, or any items recovered
therefrom , that Odyssey be awarded a liberal salvage award, with the amount and/or

composition of such award as may be determined by this Court pursuant to the law of
salvage;
(e)

that Odyssey be adjudged as having the continued sole and

exclusive right to conduct recovery operations on the Defendant Site, to preserve any

arifacts recovered from the Defendant Site as either salvor-in-possession or finder-inpossession , without the interference of other third parties, and that any and all such
interference be temporarily and permanently enjoined; and
(f)

that any third pary, including Spain, asserting an interest or filing

a Verified Claim in response to this Amended Complaint give strict proof of its interest

and show cause as to why the artifacts recovered from the Defendant Site by Odyssey
and its associates should not be:

(g)

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(1.)

delivered to Odyssey as the sole and exclusive owner of

said artifacts; or
(2.

alternatively, sold or appropriately transferred in

satisfaction of any judgment in favor of Odyssey for a salvage award; and
that in the event a claimant successfully asserts ownership to all or

part of the Defendant Site and related Unidentified Shipwreck, if any, its cargo, or
effects , and also successfully disclaims or refuses Plaintiff s salvage rights for the

relevant part of the Defendant Site, cargo, or effects, Plaintiff should receive an equitable
in specie

award to fully reimburse and compensate it for all costs and expenses, both

direct and indirect, for the recovery, stabilization, conservation, curation, and protection
of the Defendant Site.
(h)

that damages be awarded in favor of Odyssey, against Claimant

Spain.
(i)

that Odyssey may have such other and further relief as the justice

of this cause may require.

Dated:

August 6, 2007

s/ Allen von Spiegelfeld Allen von Spiegelfeld - FBN 256803
avonspc?fow lerwhite. com
Eric C.

Thiel- FBN 016267

ethielc?fowlerwhite. com FOWLER WHITE BOGGS BANKER P. O. Box 1438 Tampa , Florida 33601 [phone]
Facsimile: (813) 229- 8313

Attorneys for Plaintiff

: .; '$\$" """" "

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VERIFICATION

STATE OF FLORIDA

COUNTY OF HILLSBOROUGH
Before me, the undersigned authority, personally appeared ths day

Melinda MacConnel, General Counsel, Odyssey Marne Exploration, Inc., who has

produced

NIA

as identification or i

sona1IY known

to

and who was duly sworn and says that she has read the foregoing Amended Complaint
and is famliar with its contents which are tre
to the

best of her information and belief.

(Signature)

:I.

(Printed Name)
Mae

() MI..

(Title)
Gft\-!("tL( CO\.t'se.

SWORN TO AND SUBSCRIBED before me this

day of August

2007.

(Signatue)
Notar Public,

State of Florida

At Large

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sv

481' Exp".. 111281001 :
J Bonded 1hru (80)432-4254:
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August 6, 2007,
I electronically fied the

foregoing with the Clerk of the Court by using the CM/ECF system
notice of electronic filing to James A. Goold, Covington

which wil send a
1201

Burling LLP,

Pennsylvania Ave. , NW, Washington, DC 20004, Attorneys for Claimant, Kingdom of

Spain.

s/ Allen von Spiegelfeld Allen von Spiegelfeld - FBN 256803 avonspc?fowlerwhite. com Eric C. Thiel - FBN 016267
ethielc?fowlerwhi te. com FOWLER WHITE BOGGS BANKER P. O. Box 1438 Tampa , Florida 33601 [phone] Facsimile: (813) 229- 8313

Attorneys for Plaintiff