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

Filing 88

RESPONSE to motion re 86 Supplemental MOTION to compel compliance with disclosure order relating to photographs and videotapes filed by Odyssey Marine Exploration, Inc.. (Attachments: # 1 Composite Exhibit A)(Von Spiegelfeld, Allen)

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

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Doc. 88 Att. 1

Februar 27, 2008

Via E-mail: il!oold cov. com Mr. James A. Goold Covigton & Burling LLP 1201 Pennsylvana Avenue, NW Washigton, DC 20004-2401
Dear Jim:
Enclosed please fid a copy of the List with photographs redacted from case number 8 :07 -cv-0616. Note that the Confdential designation has been removed.

Aract

As we have discussed, Odyssey has vald and legal justication for designatig other produced documents as Confdential.
I have received your proposed "Stipulation for Confdentialty for Inspection of Although ths is nothg lie the conservation facilty' s required NDA, I wi pass it onto the facilty and inquie as to whether they would be willing to accept ths in lieu of the NDA.

Cert Arfacts."

I have inquied as to the sttu of the Gibralta aracts. I am told that they were packed for shipping and are wrapped and sealed accordigly. My understading is that there are a number of buckets which are sealed as well as a sealed wooden crate contag aracts which are wrapped and taped. Agai, I communcate to you that to unseal these and expose the arfacts without proper conservation resources would most assuredly result in daage to them.
Afer multiple attempts to have the contaier shipped to Tampa for conservation Odyssey was inormed that the arifacts are being held in Gibraltar as the result of an MLA (request for Mutu Legal Assistace) by Spai to GibraltalU. The MLA asked the aracts over to the Spansh cour. Whle the MLA is that Gibralta customs to being considered by Spansh and Gibraltar autorities, the shipment of arfacts has been held up. Odyssey has not been alowed to see the MLA, but we are followig up with ths and wi tr to get you wrtten confation that it is, in fact, Spai who is belrd the delay in the shipment of aracts. In the meatie, perhaps with ths infonnation, you could assist us in havig the proper Spansh authorities (I believe the origial MLA intiated with the Mistr of Foreign Afais) withdraw the MLA, which would alow for imediate shipment and proper conservation. Once the contaier is in Tampa where adequate conservation facilties are avaiable, of course we wi make the aracts

tu

avaiable to you for viewig

EXHIBIT
ODYSSEY MARINE ExPLORATION' 5215 WF:ST LAURF:L STREET' TAMPA, FL (p) 813. 876. 1776' (F) 813. 876. 1777' WWW. SHIPWRECK. NET

33607

S'

Dockets.Justia.com

Mr. James A. Goold
Februar 27, 2008

Page Two

I understand that a specifc number copies needed may be difcult to predict in litigation. Ths, however, would certaiy not prevent you from keeping track of the number of duplicates as they are made. I would assume that you would do ths anyway as you are requied by the Riles of Court to retu all confdential inormation to us followig litigation, and you could only assure tht you
Regardig duplicatig of documents,
have met ths

requiement if you know how many duplicates exist.

I wi have a release drawn up regarding the video tapes at Mr. Lamotte s offce for you to sign indicatig that no more than one copy wi be made uness and unti the Cour orders otherwse. I wi also be sending to Mr. Lamotte the remaig photographs which comprise grd section 10- 0 of the 614 photo mosaic so that you may view those
when you retu

to his offce.

We have reconsidered your request that the photographs be produced in electronic format. Unfortately, the possibilty of unauthorized reproduction simply canot alow us to provide the photos in that fonn. We will, however, be able to give you hard copies of any photos you select. Agai when we have the tota number we can discuss a reasonable amount for production.

up the matters of Confdentialty of specific documents produced and any other ancilar issues with the Cour on March 5. Unti then, we remai wiing to confer on any outstadig issues which may be resolved ou . de of cour.
We can brig

Mer d. J.

onn I

Gen ral Counel Odyssey Mare Exploration, Inc.
cc:

Allen van Spiegelfeld

Enclosure:

Melinda MacConnel
From:
Goold, James Dgoold\Icov.com1

Sent:
To: Cc:

Monday, February 25, 20085:18 PM
Melinda MacConnel

von Spiegelfeld , Allen; Russ LaMotte; Greg P. Stemm
RE: conference notes

Subject:

Melinda,
I would supplement/amend your notes as

follows:

1. I am preparing a revised draft regarding confidentiality of the conservation facility for your review as a stipulation tied to the Janaury 10 Protective Order Governing Disclosure of Certain Information and will send it to you, I hope tomorrow.

2. With respect to the status of artifacts in Gibraltar, you will also advise me of any directive, order or the like that Odyssey believes operates as a legal prohibi tion on inspection of the artifacts, plus information on how the artifacts are stored/packaged, etc., as you note.
3. I am unable to state how many copies of the documents that have beeh designated by Odyssey as confidential it will be necessary to make in the course of these cases, bearing in mind that it is of course impossible to predict , for example, how many filings it may be necessary to make with the court and how many experts, etc. to which it may be necessary to provide the documents. In the ordinary course, I would expect that fewer copies of videotapes will be necessary, as compared to the documents, and will agree that I will make no more than one copy of the videotapes for the time being.
4. Odyssey will not agree to remove its confidentiality designations for any of the documents or photographs, except for the list of artifacts (minus photos) from Case 616. As I noted, my pending motion does not challenge the confidentiality of location information which is within Pragraph 1 of the Protective Order.
5. With respect to the medium for photographs, you will consider my request that they be in which they presently exist.

produced in the digital format

6. With respect to Odyssey s motion for in camera proceedings, I agree that in camera proceedings may be appropriate when it is necessary that confidential information be discussed on the record, but I do not believe it is necessary or appropriate for the entire hearing to be held in camera. My experience is that it is feasible and customary for counsel to work around such a problem for the most part, if not entirely.

7. Thank you for the information regarding area 10 - 0 in the case 614 photomosaic. Thank you, Jim Goold -----Original Message-----

From: Melinda MacConnel (mailto:mmacconnel shipwreck. netJ
Sent: Monday, February 25, 2008 3:08 PM To: Goold, James Cc: von Spiegelfeld, Allen; Russ LaMotte; Greg P. Stemm Subj ect: conference notes

Jim,
Please let me know immediately if your recollection of our meeting this afternoon five minutes ago) conflicts in any way with the

(ending

following:

1. You have agreed to read the conservation facility ' your own if you prefer.

s NDA and suggest changes, or draft

will inquire regarding the status of the Gibraltar artifacts and whether we are able to gain access to them and how they are being stored, packaged, etc.

2. I

3e being made.not agree to inform us of how many duplicates of confidential information . You would ar 4. You would not agree. to withdraw your objection to our mDtion for in camera proceedings. would 5.nfYouential. not agree to lift your obj ections as to any of the items we have deemed co id
have agreed to send you a nonconfidential version of the artifact list from case 616 this week.

6. I

I have agreed to further consider the medium for production of

photographs.

have agreed to have Russ give you the video tapes if you would agree that no more than one duplicate would be made prior to a decision by the court as to whether you would be required to notify us of the numer of duplicates made. You will consider my offer.

8. I

of the 614 grid on the photo mosaic. (We

the remaining 9. I have agreed to give to Russ on a DVD are also doublephotos which comprise area 10checking to make sure that all

photos are included in the grids from the photo mosaic which you have selected to view.

If there is anything else which should be noted, please let me know.

Thank you.
Melinda J. MacConnel , Esq.
General Counsel Odyssey Marine Exploration, Inc. 5215 West Laurel Street

mmacconnel shipwreck. net

Tampa, FL 33607
813 789-6575