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

Filing 40

MOTION for leave to file Reply to Claimant Kingdom of Spain's Opposition to Motion for Order Granting Preliminary Injunctive Relief by Odyssey Marine Exploration, Inc.. (Von Spiegelfeld, Allen)

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Odyssey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel Doc. 40 Case 8:07-cv-00614-SDM-MAP Document 40 Filed 09/26/2007 Page 1 of 3 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- SDM- 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. PLAINTIFF' S MOTION FOR LEAVE TO FILE A REPLY TO CLAIMANT KINGDOM OF SPAIN'S OPPOSITION TO PLAINTIFF' S MOTION FOR ORDER GRANTING PRELIMINARY INJUNCTIVE RELIEF COMES NOW Plaintiff ODYSSEY MARINE EXPLORATION INC. ODYSSEY" ), by and through undersigned counsel , and pursuant to Local Rules 3.01(c) and (d), hereby moves this Honorable Court for leave to file a reply of no more than five (5) pages to Claimant THE KINGDOM OF SPAIN' s ("SPAIN") Opposition to Plaintiffs Motion for Order Granting Preliminary Injunctive Relief. In support of this Motion , Plaintiff states: Dockets.Justia.com Case 8:07-cv-00614-SDM-MAP Document 40 Filed 09/26/2007 Page 2 of 3 Plaintiff fied a Motion for Order Granting Preliminary Injunctive Relief on August 6 2007 , (Dkts. 23 , 28), and Claimant SPAIN responded in opposition (Dkt. 38). No other brief or other legal memorandum pertaining to ODYSSEY' s Motion for Order Granting Preliminar Injunctive Relief is permitted without the permission of this Court. See Local Rule 3. 01(c). SP AIN' s Opposition to Plaintiffs Motion for Preliminary Injunctive Relief raises certain factual allegations and issues that are unique to SPAIN' s status as a foreign state. Namely, SPAIN argues that ODYSSEY' s proposed Order interferes with the exercise of a foreign nation s governental fuctions and that this Court does not have jurisdiction over SPAIN. ODYSSEY seeks to rebut SPAIN' s arguments as a matter of fact and law to demonstrate to this Court to order injunctive relief against SPAIN. In its opposition, SPAIN makes other incorrect factual and legal assertions including the boundaries and effect of the injunction requested which Odyssey would like to address in its reply memorandum. ODYSSEY respectfully requests this Court to permit it to fie a reply memorandum to address the issues raised by SPAIN concerning their status as a foreign governent and to respond to factual assertions ODYSSEY feels it is necessary to controvert. Plaintiff wil limit the reply to no more than five pages. WHEREFORE , Plaintiff Odyssey Marne Exploration, Inc. respectfully requests this Honorable Court to grant its motion for leave to file a reply to Claimant The Kingdom of Spain s Opposition to Plaintiffs Motion for Order Granting Preliminary Injunctive Relief. Case 8:07-cv-00614-SDM-MAP Document 40 Filed 09/26/2007 Page 3 of 3 CERTIFICATE UNDER LOCAL RULE 3.01(g) Pursuant to Local Rule 3. 01(g), undersigned counsel certifies that he has conferred with counsel for Claimant, The Kingdom of Spain, in a good faith effort to resolve the issues by this Motion, and counsel were unable to agree on the resolution of the same. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on September 25 2007 , I electronically fied the foregoing with the Clerk of the Court by using the CM/ECF system which wil send a notice of electronic filing to James A. Goold, Covington & Burling LLP , 1201 Pennsylvania Ave. , Washington, DC 20004; and David C. Baner, Bush Ross P. , 220 S. Franlin Street P. O. Box 3913 , Tampa, FL 33601 A ttorneys for Claimant, Kingdom of Spain. Allen von Spiegelfeld Allen von Spiegelfeld - FBN 256803 avonsp fowlerwhite. com Eric C. Thiel - FBN 016267 ethiel fow lerwhite. com FOWLER WHITE BOGGS BANKER P. O. Box 1438 Tampa, Florida 33601 (813) 228-7411 sf Facsimile: (813) 229- 8313 Attorneys for Plaintiff

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