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

Filing 32

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

Doc. 32 Att. 1

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

Document 32-2

Filed 08/07/2007

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

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.

ORDER
NOW , this
day of

, 2007, upon consideration of Plaintiff

Odyssey Marine Exploration, Inc.

s ("

Plaintiff' ) Amended Verified Complaint in Admiralty, the

Plaintiffs Motion for Order Granting Preliminary Injunctive Relief, and the Sworn Statement of

Plaintiffs Cofounder, Gregory P. Stemm, the Court finds as follows:
The Defendant Unidentified Shipwrecked Vessel (hereinafter Unidentified
Shipwrecked Vessel") is located beyond the terrtorial waters or contiguous zone of any
sovereign nation.

Dockets.Justia.com

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

Document 32-2

Filed 08/07/2007

Page 2 of 2

The Plaintiff has arrested the Unidentified Shipwrecked Vessel and has been
appointed Substitute Custodian over the artifacts recovered therefrom.

There is a reasonable possibility that unkown parties may attempt to interfere

with the Plaintiffs ongoing recovery operations at the Unidentified Shipwrecked Vessel, and
such interference would cause irreparable injury and har to Plaintiff as well as to the Unidentified Shipwrecked Vessel, itself, thus justifyng the immediate issuance of preliminary

injunction until the hearing and resolution of this proceeding. 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 ofthe Unidentified Shipwrecked
Vessel.

NOW , THEREFORE, IT IS ORDERED as follows:

Plaintiffs Motion for a Preliminary Injunction confirming the Plaintiffs
exclusive rights to recover the Unidentified Shipwrecked V essellocated within the area defined

by the center point coordinates given to the Court under seal and temporarily enjoining and

restraining any and all interference by any third parties with Plaintiff s exclusive rights to

salvage the Unidentified Shipwrecked Vessel is hereby GRANTED.
IT IS FURTHER ORDERED that any and all third parties are hereby enjoined

from conducting search and/or recovery operations , or conducting activities which would disturb

the Unidentified Shipwrecked Vessel in any manner or that would interfere with Plaintiffs
exclusive rights to continue its recovery the Defendant Unidentified Shipwrecked Vessel.
IT

IS SO ORDERED.