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

Filing 32

Attachment 1
MOTION for preliminary injunction by Odyssey Marine Exploration, Inc.. (Attachments: # 1 Text of Proposed Order)(Von Spiegelfeld, Allen)

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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.

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