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

Filing 7

MOTION for Appointment of Substitute Custodian by Odyssey Marine Exploration, Inc.. (Attachments: # 1 Affidavit # 2 Consent and Indemnification Agreement)(Von Spiegelfeld, Allen)

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

Doc. 7

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

Document 7

Filed 04/13/2007

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
vs.

CIVIL ACTION

Case No. :

8:07- CV- 00614- SCB- MAP

THE UNIDENTIFIED , SHIPWRECKED VESSEL , its apparel , tackle appurtenances and cargo located within center point coordinates: (to be provided to the Court under seal)
11 reIn

Defendant( s).

MOTION FOR APPOINTMENT OF SUBSTITUTE CUSTODIAN
Pursuant to Local Admiralty Rule 7. 05(k)(3),
Plaintiff,

Odyssey Marine Exploration , Inc.

by and through its undersigned attorney, represents the following:

On April 9 ,
unidentified ,

2007 , Plaintiff

initiated the above-styled

action against an

shipwrecked vessel , its engines , apparel , tackle, appurtenances , furniture and

furnishings , equipment and cargo.

On April 13 , 2007, the Clerk of the District Court issued a Warrant of Arrest
against the unidentified , shipwrecked
appurtenances ,
furniture and furnishings ,

vessel or vessels

its engines , apparel , tackle

equipment and cargo , directing the U. S. Marshal to

take custody of the vessel , and to retain custody of the said vessel pending further order of this
Court.

Dockets.Justia.com

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

Document 7

Filed 04/13/2007

Page 2 of 2

Subsequent to the issuance of the Warrant of Arrest , the Marshal will take steps to

immediately seize items retrieved from the unidentified wreck. Thereafter , continual custody by
the Marshal wil require the special knowledge relating to the preservation of antique artifacts.

Artifacts retrieved from the unidentified wreck are presently in Tampa , Florida
and , subject to the approval of the Court , the Substitute Custodian is prepared to provide security

and take the steps

necessary for the preservation of the

artifacts of the vessel and for the

safekeeping of the artifacts of the vessel at a cost substantially less than that presently required
by the Marshal. The substitute custodian has also agreed to provide these services free of charge.

The substitute custodian has adequate facilities for the care , maintenance and
security of the said artifacts.
Concurrent with the Court' s approval of the Motion for Appointment of Substitute

Custodian , Plaintiff, acting as the substitute custodian , wil file a Consent and Indemnification

Agreement in accordance with Local Admiralty Rule 7. 05(k)(3)(B).

THEREFORE , in accordance with the representations set forth in this instrument , and
subject to the

filing of the indemnification agreement noted in paragraph 6 above ,
enter an order appointing Odyssey Marine Exploration ,

Plaintiff

requests the Court to

Inc. as the

substitute custodian for the artifacts.

DA TED this 13th day of April , 2007.

Allen von Spie a - FBN 256803
P. O. Box 1438 Tampa , Florida 33601 813- 228- 7411 813- 229- 8313 - Facsimile
avonsp(afow l erwhi te. com

FOWLER ITE BOGGS BANKER P.

Attorneys for Plaintiff
2345036