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

Filing 1

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

Doc. 1

Case 8:07-cv-00616-JSM-MSS

Document 1

Filed 04/09/2007

Page 1 of 11

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.

THE UNIDENTIFIED , SHIPWRECKED VESSEL , its apparel , tackle appurtenances and cargo located within center point coordinates: (to be provided to the Court under seal) In relli
Defendant(s).

VERIFIED COMPLAINT IN ADMIRALTY

IN REM

Plaintiff, Odyssey Marine Exploration, Inc. (" Odyssey ), by its undersigned counsel
hereby asserts the following Complaint in rem

against the Defendant Shipwrecked Vessel, its
Defendant Shipwrecked Vessel"

apparel ,

tackle, appurtenances ,

and cargo (hereinafter

located within coordinates: (to be provided to Court under seal).
THE PARTIES

Odyssey is aN evada corporation with its principal place of business at 5215

West Laurel St. , Tampa, Florida 33607. Odyssey is engaged in the business of deep ocean
exploration and the recovery of shipwrecks around the world.

The Defendant Shipwrecked Vessel is believed to be an Italian-registered passenger ship lying at a depth of approximately 500 meters in international waters

Dockets.Justia.com

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approximately 65 miles southeast of Sardinia in the Mediterranean Sea (hereinafter referred

to as the Salvage Area). Upon infonliation and belief, no extant entity or person presently
claims any ownership interest in the Defendant Shipwrecked Vessel. Evidence at the site
indicates that efforts, if any, by any previous owner to salvage the shipwreck and/or its cargo

have been long since abandoned. The value of the Defendant Shipwrecked Vessel cmllot be
estimated at this time.
II.

JURISDICTION AND VENUE
This is a case of admiralty and maritime jurisdiction stating a maritime claim

within the meaning of Rule 9(h) of the Federal Rules of Civil Procedure and Supplemental

Admiralty Rules C and D as hereinafter more fully appears.

This Court has

original

jurisdiction over this matter pursuant to 28 U.S. c. 99 1331 and 1333. In addition, the Court
has in personam jurisdiction over the Plaintiff and constructive quasi in rem

jurisdiction over

the Defendant Shipwrecked Vessel.

Venue is proper in the Middle District of Florida , Tampa Division, pursuant to
28 U.S. C.

9 1391 and Local Rule 3(A) and (B) (3). Plaintiff's principal place of business is

located in this District, and artifacts recovered from the Defendant Shipwrecked Vessels wil

be brought within the District during and after appropriate
efforts.

conservation and preservation

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III.

FACTS
On January 31 , 2006 , Odyssey discovered the Defendant Shipwrecked Vessel

usmg sophisticated sonar and photographic

equipment.

On this date,

Odyssey used a

surface-controlled remotely operated vehicle ("ROV") to survey the wreck site and to take
photographic images.

The Defendant Shipwrecked Vessel

rests on the sea floor at a depth of

approximately 500 meters in an area of the Mediterranean Sea that is not within the territorial
sea of any sovereign nation. This area

is referred to herein as the Salvage Area and is

defined by the centerpoint coordinates which, for purposes of security and confidentiality,

shall be provided to the Court under seal. Upon information and belief, no other salvor is

currently working in these waters. While it is believed that one or two other salvors may
have conducted operations
in the past relative to the

Defendant Shipwrecked Vessel, to

Odyssey s knowledge and belief,

no operations other than those by Odyssey have been

conducted in the past year, and no salvor has sought to protect an interest in the vessel
through an arrest.

The wreck site consists of vessel remams,

ship furnishings and

fixtures

including numerous brass objects.

Odyssey

s research has led it to

believe that more

valuable cargo may be located aboard the ship.

Based on a preliminary assessment of videotape and photographs taken of the
wreck site by nautical archaeologists , the Defendant Shipwrecked Vessel is believed to be an
Italian-registered passenger ship which sank in 1915 during World War

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Using appropriate

archaeological protocols , Odyssey has voluntarily and

successfully obtained videotape and photographic images of the Defendant Shipwrecked

Vessel.

Odyssey is ready and

able to conduct operations to recover

artifacts from the

Defendant Shipwrecked Vessel.

It has done so only on a limited basis thus far, because

certain areas of the vessel are extremely difficult to reach and will require very specialized
equipment. Odyssey is currently developing an excavation plan and conservation process to

ensure that its recovery operations are consistent with rigorous archaeological protocols , and
the recovery operations will proceed consistent with these protocols.
10.

Upon the filing of this action, Odyssey intends to turn over to the United

States Marshal for the

Middle District of Florida for symbolic

arrest

in rem

a teacup

recovered from the Defendant Shipwrecked

Vessel(s) bearing the trademark logo of the

private commercial shipping line

Societe d' Navigation A Bapore Italia. " Odyssey s survey

and recovery operation has been, and wil continue to be, conducted in accordance with all
appropriate archaeological protocols and under the direction of an experienced nautical

archaeologist.
11.
In addition to the teacup,

Odyssey has documented several

objects it has

found on the Defendant Shipwrecked

Vessel.

Any further artifacts recovered from the
under the jurisdiction of this Court, and
of this Court or its duly-appointed

Defendant Shipwrecked Vessel wil be recovered

will be within the actual and/or constructive possession

Substitute Custodian during the pendency of this action.
12.
Court has
This Court has in personam

jurisdiction over the Plaintiff. In addition , this

, or wil have during the pendency of this action , jurisdiction over any potential

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claimant or competing salvor by virtue of their contacts to this forum; the nature of the
Plaintiff's admiralty action; the relationship of the potential claimant and/or salvor to the
Plaintiff, the forum and the cause of action; and/or under the principles of jurisdiction by
necessity.
13.
This Court' s

exercise of jurisdiction over competing claimants and/or salvors
or destruction of the Defendant Shipwrecked

is necessary to prevent irreparable injury to ,
Vessel(s); to allow the

Plaintiff to continue to pursue its ongoing survey

and recovery

operations without interference; to bring the recovered artifacts within this District; and to
prevent destruction of this Court' s actual and potential jurisdiction.
14.

Odyssey, its agents and associates, have invested substantial time , money and

effort in locating, surveying, photographing and researching the history of the Defendant
Shipwrecked Vessel(s); and in planning the physical recovery of artifacts from the Defendant
Shipwrecked Vessel(s).
15.

Odyssey, its agents and associates , are actively, voluntarily and successfully

engaged in the process of reducing certain artifacts from the Defendant Shipwrecked Vessel
to the Plaintiff's exclusive custody, possession ,

dominion and control ,

as circumstances

penliit , and Odyssey has the present ability and intention to
pendency of this action.

continue to do so during the

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IV.

PLAINTIFF' S CLAIMS
COUNT I

POSSESSORY AND OWNERSHIP CLAIM PURSUANT TO THE LAW OF FINDS
16.

Plaintiff incorporates herein by reference, as though fully set forth herein, the
through 15.

allegations set forth above in paragraphs 1
17.

This action arises under Supplemental Admiralty Rule D and general maritime

law.
18.

The Plaintiff is, by virtue of its exclusive possession, dominion and control of

the Defendant Shipwrecked Vessel, is in possession of the Defendant Shipwrecked Vessel

and has taken such actions as are necessary to constitute continued possession, dominion and
control of the abandoned shipwreck.
19.

As there is no extant owner of the Defendant Shipwrecked Vessel(s) or their
in the Defendant

artifacts , Odyssey is entitled to an adjudication of title and ownership

Shipwrecked Vessel, and her artifacts, and the right to recover the Defendant Shipwrecked
Vessel and her

artifacts without the interference

of any other salvor, claimant, agency,

department or instrumentality of any government , domestic or foreign.
COUNT II

SALVAGE AWARD CLAIM PURSUANT TO THE LAW OF SALVAGE
20.

Plaintiff incorporates by reference,

as though fully set forth herein, the

allegations , set forth above in paragraphs 1

through 19.

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21.

This action anses under supplemental Admiralty Rule

C and the general

maritime law as salvage services constitute a preferred maritime lien.
22.

The Defendant Shipwrecked Vessel and her artifacts are subject to maritime

peril and is in an utterly helpless condition from which she could not be rescued without the
voluntary and successful services of Odyssey, its agents and associates.
23.

Plaintiff is under no legal obligation or official duty to render salvage services

to the Defendant Shipwrecked Vessel.
24.

Plaintiff's voluntary services have been and

wil continue to be successful in

rescuing and/or helping to rescue artifacts from the Defendant Shipwrecked Vessel in order

to return the recovered portions thereof to the stream of commerce from which they were
lost.
25.

Plaintiff, by virtue of such services so perfonned,

the private risk capital

expended and the time spent and danger incurred in finding and recovering artifacts from the
Defendant Shipwrecked Vessel, is entitled to a liberal salvage award for such services.
COUNT

III

DECLARATORY JUDGMENT
26.

Plaintiff incorporates by reference,

as though fully set forth herein , the

allegations set forth above in Paragraphs 1 through 25.
27. 28.

This is an action for a Declaratory Judgment pursuant to 28 U.S. c.

9 2201

(a).

Defendant Shipwrecked Vessel is located on the submerged lands referred to
is an area located

herein as the Salvage Area. This
Sardinia in international waters.

approximately 65 miles southeast of

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29.

No governent has the authority to interfere with Odyssey s

exploration

and/or recovery of the Defendant Shipwrecked Vessel, or to grant, condition or deny the right
of Odyssey to do so within the

international waters of the Mediterranean Sea; and the

abandoned Shipwrecked Vessel is subject to the admiralty laws of abandonment and the law
of finds ,

and/or the maritime law of salvage. PRAYER FOR RELIEF

WHEREFORE , Plaintiff prays for relief as follows:
(a)
that a Declaratory Judgment issue that the Abandoned Shipwrecked Vessel is

subject to the admiralty laws of abandonment and the law of finds, or the maritime law of
salvage.
(b)
that a Declaratory Judgment

issue that no other

government

has the

jurisdiction or authority to interfere with exploration for and/or recovery of the Abandoned
Shipwrecked Vessel, or to grant, condition or deny the right of Odyssey to do so within the
international waters of the Mediterranean Sea.
( c)

that Odyssey be adjudged the true,

sole and

exclusive owner of the

Abandoned Shipwrecked Vessel(s), and any items recovered therefrom;
(d)
in the alternative,

should any claimant other than Odyssey be adjudged the
therefrom , that

owner of the Abandoned Shipwrecked Vessel(s), or any items recovered

Odyssey be awarded a liberal salvage award in artifacts or specie, with the amount and/or
composition of such award as may be detenliined by this Court pursuant to the law
salvage;

(g)

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(e)

that Odyssey be adjudged as having the sole and exclusive right to conduct

recovery operations on the Abandoned Shipwrecked Vessel(s), to preserve and transact any

artifacts recovered from the Abandoned Shipwrecked Vessel(s) without the interference by
another other third parties; and
(f)
that process in rem and/or quasi in rem

and a Warrant of Arrest may issue in

due fonn of law, in accordance with the practice of this Honorable Court in

causes of

admiralty and maritime jurisdiction against the aforesaid Defendant Abandoned Shipwrecked
Vessel , and/or artifacts recovered from the Defendant Shipwrecked Vessel , with notice to be

posted on the shipwreck to all persons claiming an interest in Odyssey s ongoing recovery

operations to appear and answer this Complaint and to show cause as to why the artifacts
recovered from the Defendant Abandoned Shipwrecked Vessel by Odyssey and its associates
should not be:
(i)

delivered to Odyssey as the sole and exclusive owner of said artifacts;

(ii)

alternatively, sold or appropriately

transferred in

satisfaction of any

judgment in favor of Odyssey for a salvage award; and

that Odyssey may have such other and further relief as the justice of this cause
may reqmre.

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DATED:

April 9, 2007

Respectfully submitted

s/ Allen von Spiegelfeld Allen von Spiegelfeld Florida Bar No. 256803 FOWLER WHITE BOGGS BANKER P. P. O. Box 1438 Tampa , Florida 33601 (813) 228- 7411 (813) 229- 8313 - Facsimile avonspCifow erwhi te. com Attorneys for Plaintiff

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VERIFICATION
STATE OF FLORIDA

COUNTY HILLSBOROUGH
Before me

the undersigned authority, personally appeared
1V'eL
(Name),

this day

l;i\ UIA('Co

Be;1e('

CC':L. lIf1SI!

(Title), Odyssey Marine

Exploration , Inc. , who has produced

as identification or is personally

known to me, and who was duly sworn and says that he has read the foregoing Complaint

SWORN TO AND SUBSCRIBED befor

this

day of April , 2007.