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

Filing 32

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

Doc. 32

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

Document 32

Filed 08/07/2007

Page 1 of 18

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA Tampa Division In Admiralty

ODYSSEY MARINE EXPLORATION, INe.

Plaintiff

CIVIL ACTION

Case No: 8:07-CV-00616-JSM-MSS

THE UNIDENTIFIED SHIPWRECKED VESSEL its apparel, tackle, appurtenances and cargo located within a five mile radius of the center coordinates provided to the Court under seal
Defendant; in rem
and

The Kingdom of Spain
Claimant.

PLAINTIFF' S MOTION FOR ORDER GRANTING PRELIMINARY INJUNCTIVE RELIEF
Plaintiff, Odyssey Marine Exploration,
Inc. (" Odyssey

), by its

undersigned

counsel , hereby moves for entry of an Order granting a preliminary injunction temporarily

enjoining and prohibiting any third parties from conducting search and/or recovery operations or

conducting activities that would disturb the Unidentified Shipwrecked Vessel in any manner or

that would interfere with Odyssey s exclusive rights to recover the Defendant Unidentified
Shipwrecked Vessel,
its apparel , tackle,

appurtenances and cargo located within a five mile

Dockets.Justia.com

).
Case 8:07-cv-00616-JSM-MSS Document 32 Filed 08/07/2007 Page 2 of 18

radius of the center point coordinates of

which have been provided to the Court under seal
Shipwrecked Vessel"

(hereinafter referred to as the "Unidentified

Plaintiff warants to the

Court that it shall monitor evidence of activity related to the Unidentified Shipwrecked Vessel

and give notice of the Order to any third party coming within the area of the Defendant
Unidentified Shipwrecked Vessel.

The grounds supporting this motion are set forth in the accompanymg
memorandum of law, which is incorporated herein by reference.
Respectfully submitted

Dated:

August 6, 2007

s/ Allen von Spiegelfeld Allen von Spiegelfeld - FBN 256803 avonsp fowlerwhite. com Eric C. Thiel - FBN 016267 ethiel fowlerwhi te. com FOWLER WHITE BOGGS BANKER P. O. Box 1438 Tampa, Florida 33601 [phone]
Facsimile: (813) 229- 8313

Attorneys for Plaintiff

, /:

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

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA Tampa Division In Admiralty

ODYSSEY MARINE EXPLORATION, INC.

Plaintiff

CNIL ACTION

: Case No: 8:07-CV-00616-JSM-MSS

THE UNIDENTIFIED SHIPWRECKED VESSEL its apparel, tackle, appurtenances and cargo located within a five mile radius of the center coordinates provided to the Court under seal
Defendant; in rem
and

The Kingdom of Spain
Claimant

PLAINTIFF' S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR ORDER GRATING PRELIMINARY INJUNCTIVE RELIEF
Plaintiff, Odyssey Marne Exploration, Inc. (" Odyssey ), by its
undersigned counsel ,

respectfully submits this memorandum oflaw in support of its

motion for entry of an Order granting a preliminary injunction temporarily enjoining and

prohibiting any third parties from conducting search and/or recovery operations or
conducting activities that would disturb the Unidentified Shipwrecked Vessel in any

manner or that would interfere with Odyssey s exclusive rights to recover the Defendant
Unidentified Shipwrecked Vessel, its apparel, tackle, appurtenances and cargo located

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within a five mile radius of the center point coordinates of which have been provided to

the Court under seal (hereinafter referred to as the "Unidentified Shipwrecked Vessel"
BACKGROUND

The Unidentified Shipwrecked Vessel rests on the sea floor at a depth of
approximately 500 meters, beyond the terrtorial waters or contiguous zone of any

sovereign nation. It is located in the Mediterranean Sea. The Unidentified Shipwrecked
Vessel' s position is located within a five mile radius of the center point coordinates

which have been provided to the Court under seal. While it is believed that one or two
other salvors may have conducted operations in the past relative to the Unidentified
Shipwrecked Vessel, to Odyssey s knowledge and belief, no operations other than those

by Odyssey have been conducted within the past year, and no salvor has sought to protect
an interest in the Unidentified Shipwrecked Vessel through an arrest.

Odyssey first located the Unidentified Shipwrecked Vessel in Januar
2006 , using sophisticated sonar and magnetometer equipment. Odyssey has recovered
aricles from the Unidentified Shipwrecked Vessel and is ready and able to conduct

further operations to explore and document the shipwreck , consistent with archaeological

protocols appropriate for this Unidentified Shipwrecked Vessel , and to recover additional
arifacts from the Unidentified Shipwrecked Vessel.

When Odyssey first filed the initial Complaint, it had surveyed the wreck
site and had begun an archaeological pre-disturbance survey taking video and

photographs of the Unidentified Shipwrecked Vessel. Odyssey believes that the vessel
associated with the wreck site is an Italian-registered passenger ship which sank in 1915
during Wodd War I.

,"

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Subsequent to the arrest and this Court' s order appointing Odyssey as
Substitute Custodian, Odyssey recovered additional arifacts from the Unidentified

Shipwrecked Vessel which are undergoing conservation according to strict

archaeological protocols. Odyssey has prepared a Preliminary Site Assessment
(hereinafter PSA") regarding the Unidentified Shipwrecked Vessel and the artifacts

recovered and wil present that to the Court under seal. Odyssey has filed a Motion for
Protective Order which references the PSA and the need for assurance that the PSA wil

be kept confidential prior to filing. Nothing recovered to date from the subject
Unidentified Shipwrecked Vessel confirms an interest in the artifacts of any third party

including the Kingdom of Spain. Odyssey is prepared to release certain information from
the PSA as directed by the Court to Claimant, Spain. On March 25 2007 , the Court
directed Odyssey to publish a Notice of Arrest in newspapers in Spain and Italy.
Odyssey shall abide by the Court' s order and publish Notice ofthe Arest, however

Odyssey submits that given the information garnered from the items recovered thus far

there is nothing which would require that the Kingdom of Spain or any other third party be given any more specific information other than the Notice itself and that which is
contained in this Amended Complaint and the Exhibits which are part of the public
record.

Odyssey s survey and recovery operation has been, and wil continue to

, conducted in accordance with all appropriate archaeological protocols and under the
direction of an experienced nautical archaeologist.
Odyssey, its agents and associates, have invested substantial time, money

and effort in locating, surveying and photographing the Unidentified Shipwrecked

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Vessel, and in planning the archaeological recovery of the arifacts from the Unidentified
Shipwrecked Vessel.

Odyssey, its agents and associates, have been actively, voluntarily and

successfully engaged in the process of reducing arifacts from the Unidentified
Shipwrecked Vessel to the Plaintiffs
exclusive custody, possession,

dominion and

control , as circumstances permit, and Odyssey has the present ability and intention to
continue to do so during the pendency of this action.

Odyssey s recovery of artifacts from this and other sites has been the

subject of intense international media attention especially in Spain. Many Spanish media
reports have been filled with inaccuracies including false claims that artifacts were

recovered ilegally from Spanish terrtorial waters. As a result of the false reports, and
despite Odyssey s continued assurance that no artifacts have been recovered anywhere

near Spanish terrtorial waters, Odyssey became the subject of a criminal investigation in
Spain. In fact, Odyssey became aware through the Spanish press that Spanish authorities

would intercept and inspect Odyssey
Explorer)

s vessels (the

Ocean Alert

and the

Odyssey

if they attempted to depart Gibraltar where they were docked. Odyssey

attorneys were denied access to the order, however, and were told that the order was

secret." Odyssey s attempts to appear in its defense were unsuccessful. Thus, Odyssey
prepared a Sworn Statement of Gregory P. Stemm, Odyssey s Cofounder, explaining
Odyssey s actions and the facts surrounding the arrest, the recovery, and the subsequent

claims and baseless detention of Odyssey s ships by Spain. (A copy of the Sworn
Statement including all Exhibits was attached to the Amended Complaint).

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Despite the fact that Odyssey provided the Sworn Statement and further

information regarding its recovery to Spanish officials , and despite the assurance of the
Spanish criminal judge (Judge Juan Jose Navas Blanquez sitting in substitution of the
Judge for the Number Three First Instance and Preliminary Investigating Court of La

Linea de la Concepcion and district -

a different

judge from the one who signed the

original "secret order ), that Odyssey s vessels would not be boarded without the
consent of the Master or forcibly taken to a Spanish port, on July 12 , 2007, while
Odyssey was moving its vessel the Ocean Alert

from Gibraltar, and while the vessel was

in international waters, Spain boarded the vessel under protest from the Master and
ilegally seized the vessel forcing

it into the Spanish port of Algeciras. Having alerted the
Ocean Alert

Spanish media to the boarding and seizure, Spanish authorities paraded the

along the coastline for photograph and video opportnities. Additionally, despite her

protests , officials seized the personal computer of one of Odyssey s attorneys , Marie
Rogers , and ilegally copied all attorney/client privileged information regarding Odyssey
and other clients. As of the date of this Amended Complaint, the computer has been

returned without the hard drive. The original hard drive and copy are retained in the

custody of the court. A formal complaint and request for the return of the hard drive and
all copies taken has been made to the court and is currently pending decision by the Judge
as to the legitimacy of the seizure of the laptop.
Once in Algeciras, Odyssey s crew and attorneys were forced by the

Spanish officials to sit in the scalding sun for approximately seven hours without food or

water or use of the restroom. Their passports were taken (but returned later that day)

as

were all oftheir electronic equipment (of which the hard drives have been removed and

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only the empty laptops returned). The

Odyssey Explorer

remains blockaded in Gibraltar

by virte of the criminal order and threatened seizure by Spain. Odyssey s rights granted
by this Court to continue its recovery have been restricted by Spain, and Odyssey

damages as a result of Spain s conduct are extensive.
II.

STANDARD FOR GRANTING INJUNCTIVE RELIEF
In this Circuit, the four requirements for awarding preliminary injunctive

relief are:

(1)

a substantial likelihood that the party requesting relief wil ultimately succeed on the merits; the party requesting relief wil suffer irreparable injury if the injunction is not issued; that threatened injury to the moving party outweighs harm to the opposing party; and the injunction, if issued, wil not be adverse to the public interest.

(2)

(3)

(4)
See Siegel v.

Lepore 234 F. 3d 1163 (11 th Cir. 2000);
1561-62 (11 th Cir. 1989),

Haitian Refugee Center, Inc.
aff'
498 U. S.
479 (1991);

Nelson
States v.

872 F.2d 1555 ,

United

Alabama

791 F.2d 1450, 1459 no lO (11

h Cir. 1986),

cert. denied 479 U. S. 1085

(1987).

As set forth below, Odyssey satisfies each of these four requirements. Therefore , an award of a preliminary injunctive relief is appropriate in this matter.
III.

ARGUMENT

There Is A Substantial Likelihood That Odyssey Will Ultimately Succeed
On The Merits Of Its Claims

This is a salvage case involving admiralty and maritime claims under the

);

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law of salvage and the law of finds. !

Regardless of

which legal theory is ultimately
ultimately

found to apply to the case, there is a substantial likelihood that Odyssey wil

succeed on the merits of either or both of its claims or under its claim for equitable relief

based on quantum meruit and unjust enrchment.
There Is A Substantial Likelihood That Odyssey Wil Ultimately Succeed
On The Merits Of Its Claim Under The Law Of Finds
The martime law of finds gives title to a person who has reduced to
possession an object which has been abandoned at sea.

See Columbus-America

Discovery Group

v.

The Unidentifed,

Wrecked and Abandoned Sailng

Vessel 974 F.

450 (4

Cir. 1992),

cert. denied 507 U. S. 1000 (1993). This doctrine has been

consistently recognized in admiralty, and courts have awarded title to shipwrecks to the
finder when warranted by the facts.

See Treasure Salvors,

Inc.

v.

The Unidentifed,

Wrecked and Abandoned Sailng Vessel 569 F.2d 330 337 (5
Salvors 1);

Cir. 1978)

(Treasure
Wrecked

Martha s Vineyard Scuba Headquarters, Inc.

v.

The Unidentifed,

As a case involving an admiralty and maritime claim, this Court has jurisdiction over the subject matter pursuant to the Constitution of the United States 1333 , and Rule 9(h) ofthe Federal Rules of Article II , Section 2, Clause 1 , 28 U.S. e. Civil Procedure. Claims arising out of salvage operations are unquestionably within the v. Unidentifed See Treasure Salvors, Inc. admiralty jurisdiction of the federal courts. (Treasure Wrecked and Abandoned Sailng Vessel 640 F.2d 560, 566-67 (5 Cir. 1981) Salvors 111). Furthermore, U. S. admiralty courts unquestionably have jurisdiction to
adjudicate salvage claims based on salvage operations that occur on the high seas.

See

Treasure Salvors 111 640 F.2d at 566-67 ("The subject matter jurisdiction thus granted is not limited to causes of action arising from acts or occurrences on the terrtorial waters res within the United States. Treasure Salvors 1 569 F.2d at 334 ("the presence of the the district is not an absolute prerequisite to the court' s jurisdiction. ). It is common for jurisdiction over shipwrecks located in international S. admiralty courts to assert in rem waters and even within the terrtorial seas of foreign nations. See Marex v. Unidentifed Wrecked and Abandoned Vessel 952 F. Supp. 825 828 (S.D. Ga. 1997); MS. Titanic Bemis Inc. v. The Wrecked and Abandoned Vessel 924 F. Supp. 714 (E.D. Va. 1996); R.M. S. Lusitania, 884 F. Supp. 1042 (B.D. Va. 1995), aff' 99 F. 3d 1129 (4 Cir. 1996), cert. denied 118 S. Ct. 1558 (1998).

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and Abandoned Vessel 833 F.2d

1059 , 1065 (1

st Cir. 1987); Indian River Recovery

The CHINA 645 F. Supp. 141 (D. Del. 1986).

A finding of abandonment may be inferred from all of the relevant facts
and circumstances, and may be based on circumstantial evidence.
Zych v.

Unidentifed,

Wrecked and Abandoned Vessel Believed to be the LADY ELGIN 755 F. Supp. 213 , 214

(N. D. Ill. 1991),

aff'

960 F. 2d 665 (7th Cir. 1992). Under the facts of this case, there is

a substantial likelihood that Odyssey wil be able to prove that the Defendant

Unidentified Shipwrecked Vessel has been abandoned by its original owner. The
Unidentified Shipwrecked Vessel is located beyond the terrtorial waters or contiguous

zone of any sovereign nation. It is believed to be an Italian-registered passenger ship

which san almost a hundred years ago. To Odyssey s information and belief, no third
party has made an effort to recover the ship and the wreck has been abandoned

altogether. The artifacts recovered have failed to provide evidence which would suggest
anything other than an abandonment. Thus, the Court should find that the Unidentified

Shipwrecked Vessel and the arifacts recovered have been abandoned and award title to
Odyssey under the maritime law of finds.

There Is A Substantial Likelihood That Odyssey Wil Ultimately
Succeed On The Merits Of Its Claim Under The Law Of Salvage

The common law of salvage applies to property that is lost at sea but has

not been abandoned by its original owner. The law of salvage grants a liberal reward to
those who voluntarily engage in efforts to save a vessel in peril at sea, and it promotes the
orderly recovery of such property.

See The BLACKWALL 77 U. S. 1 (1869). It is well

recognized that three elements must be established in order to present a salvage claim:

,"

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(1)

a marine peril from which the property could not have been rescued without the assistance of the salvor;

(2)

service voluntarily rendered when not required as a pre-existing duty; and
success , in whole or in part, of recovery of the imperilled property.
Treasure Salvors, Inc. v.

(3)

See The SABINE 101 U. S. 384 (1879);

The Unidentifed

Wrecked and Abandoned Sailing Vessel
930 (S.D. Fla. 1981)
1974)).
(citing Legnos v.

Nuestra Senora de Atocha

546 F. Supp. 919
h Cir.

M/W Olga Jacob 498 F.2d 666 669 (5

Odyssey s activities with respect to the Defendant Unidentified

Shipwrecked Vessel satisfy all three of these elements, and therefore is a salvage
operation within the meaning of the law.

The Defendant Unidentified Shipwrecked Vessel Is In Marine Peril
A marine peril "includes more than the threat of storm, fire or piracy to a

vessel in navigation.

Treasure Salvors 1

569

F.2d at 337. The concept of marine peril
in peril

also includes a sunken vessel which is discovered after being long lost but is " stil

of being lost through actions ofthe elements.
Unidentifed Remains
614 F.2d 1051 (5

Id. See also Platoro Ltd.,

Inc.

h Cir. 1980); Fort Myers Shell

Dredging Co.

Barge NBC512 404 F.2d 137 , 139 (5 Cir. 1968) (the "peril required in salvage service

need not necessarily be one of imminent or absolute danger, either presently or
reasonably to be apprehended. ). The Defendant Unidentified Shipwrecked Vessel is in

danger from rival salvors who may attempt to locate and recover it and additional
artifacts with " grab buckets " and without regard to archaeological protocols or proper
conservation techniques. Thus, the Defendant Unidentified Shipwrecked Vessel satisfies

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the definition of marne peril because it is "stil
the elements. See Treasure Salvors 1
569

in peril of

being lost through actions of

F.2d at 337.

Odyssey Is Voluntarly Rendering Service When Not Required As A
Pre- Existing Duty

Odyssey is under no duty to recover the Defendant Unidentified

Shipwrecked Vessel. Instead, it is voluntarily rendering service to rescue the Defendant
Unidentified Shipwrecked Vessel from being lost forever through the action of the
elements in the sea and

from the possibility that the artifacts wil be hastily recovered by

salvors without regard for the Unidentified Shipwrecked Vessel' s historic and

archaeological value. Accordingly, Odyssey has satisfied the second element of a
salvage claim.

Odyssey Is Substantially Likely To Succeed, In Whole Or In Part,

In Recovering The Imperiled Property
Odyssey has already demonstrated that it is capable of finding, surveying
and photographing a large wreck site beneath 500 meters depth or deeper. Odyssey is

ready, wiling and able to continue its recovery operations. Moreover, Odyssey has the
equipment , manpower and experience required to successfully complete archaeological
recovery operations.

Odyssey desires to resume its search for and recover additional artifacts

from the Defendant Unidentified Shipwrecked Vessel. Odyssey has taken constructive
possession of the wreck site to the extent its age, depth and historical significance permit.
Accordingly, Odyssey is substantially likely to succeed in recovering the imperiled
property, and it has satisfied the final element of a successful salvage claim.

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Any Assertion By Spain Or Any Other Potential Claimant That It Has
Successfully Refused Salvage Would Be Irrelevant.

Insofar as Spain may assert that it has properly refused salvage for all

Spanish shipwreck-sites -- irrespective of their location, disposition, and character--

Plaintiff would assert that such would be irrelevant with respect to the Defendant

Unidentified Shipwrecked Vessel. As stated, no evidence from the Defendant
Unidentified Shipwrecked Vessel confirms that Spain has an interest in the vessel. In any
event , Claimant Spain could never satisfy the maritime law s stringent standard for an

effective refusal of salvage, insofar as (1) it is not in actual possession ofthe Defendant

Unidentified Shipwrecked Vessel, (2) a prudent mariner would not refuse salvage under
circumstances such as this, (3) Plaintiff acted in good faith to recover property and

investigated the origin of property; and (4) in any event, a party purporting to disclaim
salvage may only do so for its property and not for that owned by other parties. See
Merritt Chapman Derrick Wrecking Co. v. United States,

274 U. S. 611 , 613 (1927);

Tidewater Salvage, Inc.

v.

Weyerhaeuser Co.,

633 F. 2d 1304, 1307 (9th Cir.1980).

Courts have made it a legal presumption that owners of property lost at sea desire to have

their property salvaged, and the burden would necessarly rest on a pary to conclusively
prove that they had effectively refused salvage services. See

MS. Titanic, Inc.

Haver 171 F. 3d 943 963 (4th Cir. 1999).
Defendant Unidentified Shipwrecked Vessel is Located Beyond the
Terrtorial Sea or

Contiguous Zone of any Nation.

No nation may interfere with shipwreck recovery activities, unless such

are occurrng within that nation s terrtorial sea or contiguous

zone. A nation

s terrtorial

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sea is measured from the shoreline (or baselines along the coast) out to a maximum of 12

nautical miles. A nation s contiguous zone is (as the name implies) contiguous with a

terrtorial sea, and extends out a maximum of an additional 12 nautical miles, making for
a total maximum of24 nautical miles. See United States v.

Hidalgo-Gato

703 F.2d 1267

(11 th Cir.

1983). Even in a nation s contiguous zone, a coastal state s competence is
United States v. McRary,

limited. See

665 F.2d 674 677 n.4 (5 h Cir. Unit B 1982) (" the

control of the United States over foreign boats in the contiguous zone is limited to the
enforcement of customs, fiscal, immigration or sanitary regulations.

The Defendant Unidentified Shipwrecked Vessel is not located within the
terrtorial sea or

contiguous zone of any nation. Plaintiffs have already filed with this

Court , under seal, coordinates of the area in which the Unidentified Shipwrecked Vessel

is located. Odyssey wil file under seal a nautical char depicting the location of the site
described in the subject Amended Complaint. It is undisputed that the Unidentified
Shipwrecked Vessel is not located within 24 nautical miles of any nation s coastline, and

is thus not within any nation s terrtorial sea or contiguous zone.

Odyssey Wil Suffer Irreparable Iniury If Iniunctive Relief Is Not Issued
Odyssey has expended considerable resources in locating, studying and
surveying the Unidentified Shipwrecked Vessel, in photographing and documenting the

Unidentified Shipwrecked Vessel, and in developing an archaeological excavation and
conservation plan as well as in recovering the artifacts and in preserving their historical

value. Odyssey has committed its financial resources, time, manpower, equipment and its

vessels to these efforts. To allow others to come in at this time and reap the benefits of
Odyssey s labor would constitute irreparable harm and injury to Odyssey for which there

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would be no adequate remedy at law.

See Treasure Salvors

546 F. Supp. at 929;

Deep
Cal. 1995),

Sea Research, Inc.
aff'

v.

The Brother Jonathan 883 F. Supp. 1343 , 1362 (N. D.
Cir. 1997),

102 F. 3d 379 (9

aff' d in part, vacated in part and remanded 118 S.

Ct. 144 (1998).

As the Fifth Circuit explained in

Treasure Salvors III:

A salvor. . . has a valuable interest in his salvage operations which the law protects by vesting in the salvor certain rights. Among the most important of these rights are the right to exclude others from paricipating in the salvage operations , so long as the original salvor appears ready, wiling and able to complete the salvage project, and the right to possession of the salved property, a right exclusive even of the owner, until such time as the salvage lien on the property is extinguished or adequate security for this obligation is given.
640 F. 2d at 567.

Odyssey risks violation of its legal rights and substantial investment to

date if the Court does not award preliminary injunctive relief. Consequently, the Court
should enter a preliminar injunction protecting Odyssey s continued right to exclusive

possession of the Defendant Unidentified Shipwrecked Vessel, and protecting it from
interference from rival salvors.
Odyssey s Potential Iniury Outweighs The Iniury Of Any Other Party

Odyssey is the only party which has expended any resources in the search

for and recovery of the Defendant Unidentified Shipwrecked Vessel. Further, the

Unidentified Shipwrecked Vessel is located beyond the terrtorial waters or contiguous
zone of any sovereign nation. There is no evidence currently which would confirm the
interest of any third party to the site or to the arifacts recovered therefrom.

Odyssey s knowledge and belief, no operations other then those by Odyssey have been

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conducted within the past year and no salvor has sought to reduce the Unidentified
Shipwrecked Vessel to its possession or to protect the Unidentified Shipwrecked Vessel
through an arrest.

Consequently, Odyssey s potential injury outweighs the injury of any

other pary, since Odyssey wil suffer serious irreparable injury if an injunction is not
issued , and it is unlikely that any other party wil suffer injury if preliminar injunctive
relief is awarded to Odyssey.

An Iniunction Wil

Not Be Adverse To The

Public Interest

Odyssey is committed to recovering the Defendant Unidentified

Shipwrecked Vessel in a manner that benefits the public interest. The recovery operation
and artifact preservation has been and wil
continue to be

conducted in accordance with

strict archaeological protocols. Furthermore, Odyssey intends to make certain of the

recovered arifacts available for public display and educational purposes as well as

historic and scientific study. Consequently, the issuance of an injunction wil

not be

adverse to the public interest. To the contrary, the issuance of a preliminar injunction
permitting Odyssey to conduct a competent, safe, scientific and successful recovery of
the Defendant Unidentified Shipwrecked Vessel can only benefit the public interest.

See

Treasure Salvors 546 F. Supp. at 929.

IV.

CONCLUSION

For the foregoing reasons, Odyssey respectfully requests that the Court

grant its motion for entry of an Order granting a preliminary injunction temporarily enjoining and prohibiting any third parties from conducting search and/or recovery
operations or conducting activities that would disturb the Unidentified Shipwrecked

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Vessel in any maner or that would interfere with Odyssey s exclusive rights to salvage
the Defendant Unidentified Shipwrecked Vessel within the areas described in the
Complaint.

Respectfully submitted
Dated:

August 6, 2007

s/ Allen von S?iegelfeld 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]
Facsimile: (813) 229- 8313

Attorneys for Plaintiff

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August 6, 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. , NW, Washington

DC 20004, Attorneys for Claimant, Kingdom of Spain.

s/ Allen von Spiegelfeld Allen von Spiegelfeld - FBN 256803 avonsp~fowlerwhite. com Eric C. Thiel- FBN 016267 ethiel~fowlerwhite. com FOWLER WHITE BOGGS BANKER P. O. Box 1438 Tampa, Florida 33601 [phone]
Facsimile: (813) 229- 8313

Attorneys for Plaintiff