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)

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Odyssey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel Doc. 7 Att. 1 Case 8:07-cv-00614-SCB-MAP Document 7-2 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 reI11 Defendant(s). AFFIDAVIT IN SUPPORT OF MOTION FOR APPOINTMENT AS SUBSTITUTE CUSTODIAN My full name is Melinda 1. MacConnel. My legal address is 5215 West Laurel Street , Suite 210, Tampa, Florida 33607. this affidavit. I am competent to testify as to the matters covered in I have served as General Counsel of Plaintiff, Odyssey Marine Explorations , Inc. (hereinafter referred to as " Odyssey ), for one year. Odyssey is fully qualified to serve as the Substitute Custodian of the Defendant Shipwrecked Vessel(s). Odyssey has had many years of experience in the stabilization conservation and curation of objects and artifacts recovered from ocean environments. Such objects and artifacts quickly degrade unless properly conserved. It is necessary also for purposes of fulfilling the appropriate archaeological protocols for a site such as this nineteenth century wreck that proper conservation of objects be performed. Dockets.Justia.com '''''' Case 8:07-cv-00614-SCB-MAP Document 7-2 Filed 04/13/2007 Page 2 of 2 Odyssey agrees to assume the responsibility of safekeeping the salvaged artifacts. This includes not only the proper stabilization , conservation and curation of objects and artifacts recovered from the wrecksite but also the required cataloguing and recording of data for such objects and artifacts. Odyssey has adequate liability insurance to respond in damages for loss of or injury to the said artifacts during said custody for damages sustained by third parties due to the negligence of Odyssey, its employees or agents committed during said custody. All costs and expenses incidental to keeping of the said artifacts are to be assumed by Odyssey, and Odyssey understands that the United States Marshal does not assume any incurred liability for any acts of the substitute custodian or any costs court -appointed custodianship. incidental to this Odyssey agrees to act as Substitute Custodian until further order of the Court. FURTHER AFFIANT SAITH NOT. Melin a J. MacConnel (TYPED NAMED) STATE OF FLORIDA COUNTY HILLSBOROUGH authority, personally appeared this day Melinda as identification or is p ersonally know MacConnel , and who was duly sworn and says that the foreg ' ng is true and correct to the best of his /her information and belief. SWORN TO AND SUBSCRIBED befor Before me, , who has produced the undersigned NOTARY PUBUC- STAT OF FLORIDA Gayla M. Arold ) Co 1....." sion # D:D598439 ExU'S. SEP 24, 2010 BONDED THU ATC BONDING CO. , INC.

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