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

Filing 28

MOTION for preliminary injunction by Odyssey Marine Exploration, Inc.. (Attachments: # 1 Text of Proposed Order)(Von Spiegelfeld, Allen)

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/: Odyssey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel Doc. 28 Att. 1 Case 8:07-cv-00614-SCB-MAP Document 28-2 Filed 08/07/2007 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 CNIL 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. ORDER NOW , this day of , 2007 , upon consideration of Plaintiff Odyssey Marine Exploration, Inc. ' s (" Plaintiff' ) Amended Verified Complaint in Admiralty, the Plaintiffs Motion for Order Granting Preliminary 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 28-2 Filed 08/07/2007 Page 2 of 2 The Plaintiffhas arrested 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 harm to Plaintiff as well as to the Defendant Site, itself, thus justifyng the immediate issuance of preliminary injunction until the hearing and resolution of this proceeding. Plaintiff warrants 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 Preliminary 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. exclusive rights IT IS FURTHER ORDERED that any and all third parties are hereby enjoined from conducting search and/or recovery operations, or conducting activities which would disturb the Defendant Site in any manner or that would interfere with Plaintiffs continue its recovery the Defendant Site. exclusive rights to IT IS SO ORDERED.

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