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)

/:

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.