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

Filing 41

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

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

Doc. 41

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

Document 41

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 PROTECTIVE ORDER
COMES

NOW

Plaintiff

ODYSSEY MARINE
counsel ,

EXPLORATION

INC.

ODYSSEY" ), by and through undersigned

and pursuant to Local Rules 3.01(c)
a reply of no

and (d), hereby moves this Honorable Court for leave to fie

more than five (5)

pages to Claimant THE KINGDOM OF SPAIN' s ("SPAIN")

Opposition to

Plaintiffs

Motion for Protective Order. In support of this Motion , Plaintiff states:

Dockets.Justia.com

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

Document 41

Filed 09/26/2007

Page 2 of 3

Plaintiff filed a Motion for Protective Order Regarding Preliminary Site
Assessment on August 6, 2007, (Dkts. 22, 26), and Claimant SPAIN responded in opposition
(Dkt. 39).

No other brief or other legal memorandum pertaining to ODYSSEY' s Motion

for Protective Order Regarding Preliminary Site Assessment ("PSA") is permitted without
the permission of this Court. See Local Rule 3. 01(c).
Although Odyssey has volunteered the PSA in an attempt to be cooperative

and forthcoming, SPAIN' S opposition to the Protective Order calls into question its true
intentions with respect to the

Defendant Site and renders the Protective Order even more

crucial.
SP AIN'
s opposition to Plaintiffs

Motion for Protective Order raises certain

facts and issues that are unique to SPAIN' s status as a foreign state and which were not

raised or addressed in ODYSSEY' s Motion. Namely, SPAIN argues that ODYSSEY'

proposed Order interferes with the exercise

of a foreign nation

s governental functions.

ODYSSEY seeks to rebut SPAIN' s contentions as a matter of fact and law.

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 and legal assertions ODYSSEY feels it is necessary to
controvert. Plaintiff wil limit the reply to no more than five (5) pages.
WHEREFORE , Plaintiff Odyssey Marne Exploration, Inc. respectfully requests this

Honorable Court to grants its motion for leave to file a reply to Claimant The Kingdom of

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

Document 41

Filed 09/26/2007

Page 3 of 3

Spain s Opposition to Plaintiffs Motion for Protective Order Regarding Preliminary Site

Assessment.

CERTIFICATE UNDER LOCAL RULE 3.0l( 2)
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 filed 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. Banker, Bush Ross P. , 220 S. Franlin Street P. O. Box 3913 , Tampa, FL 33601 Attorneysfor 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 [phone]
sf

Facsimile: (813) 229- 8313

Attorneys for Plaintiff