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

Filing 45

MOTION for leave to file Reply to Claimant Kingdom of Spain's Opposition to Motion for Protective Order by Odyssey Marine Exploration, Inc.. (Von Spiegelfeld, Allen)

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Odyssey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel Doc. 45 Case 8:07-cv-00616-SDM-MAP Document 45 Filed 09/26/2007 Page 1 of 3 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- 23MAP THE UNIDENTIFIED, SHIPWRECKED VESSEL if any, its apparel, tackle, appurtenances and cargo located within a five mile radius of the center point coordinates provided to the Court under seal Defendant; in rem and The Kingdom of Spain Claimant. PLAINTIFF' S MOTION FOR LEAVE TO FILE A REPLY TO CLAIMANT KINGDOM OF SPAIN' OPPOSITION TO PLAINTIFF' S MOTION FOR PROTECTIVE ORDER COMES NOW Plaintiff ODYSSEY MARINE counsel , EXPLORATION INe. ODYSSEY" ), by and through undersigned and pursuant to Local Rules 3.01(c) and (d), hereby moves this Honorable Court for leave to file a reply of no more than five (5) pages to Claimant THE KINGDOM OF SPAIN' s ("SPAIN") Opposition to Plaintiffs Motion for Protective Order. In support of this Motion , Plaintiff states: Dockets.Justia.com Case 8:07-cv-00616-SDM-MAP Document 45 Filed 09/26/2007 Page 2 of 3 Plaintiff filed a Motion for Protective Order Regarding Preliminary Site Assessment on August 6 , 2007, (Dkt. 43). (Dkts. 27, 30), and Claimant SPAIN responded in opposition No other brief or other legal memorandum pertaining to ODYSSEY' s Motion for Protective Order Regarding Preliminary Site Assessment ("PSA") is permitted without the permission ofthis Court. See Local Rule 3. 0 1 (c). Although Odyssey has volunteered the PSA in an attempt to be cooperative and forthcoming, SPAIN' S opposition to the Protective Order calls into question its true intentions with respect to the Defendant Site and renders the Protective Order even more crucial. SP AIN' s opposition to Plaintiffs Motion for Protective Order raises certain facts and issues that are unique to SPAIN' s status as a foreign state and which were not raised or addressed in ODYSSEY' s Motion. Namely, SPAIN argues that ODYSSEY' proposed Order interferes with the exercise of a foreign nation s governental functions. ODYSSEY seeks to rebut SPAIN' s contentions as a matter of fact and law. ODYSSEY respectfully requests this Court to permit it to file a reply memorandum to address the issues raised by SPAIN concerning their status as a foreign governent and to respond to factual and legal assertions ODYSSEY feels it is necessary to controvert. Plaintiff wil limit the reply to no more than five (5) pages. WHEREFORE , Plaintiff Odyssey Marne Exploration, Inc. respectfully requests this Honorable Court to grants its motion for leave to file a reply to Claimant The Kingdom of Case 8:07-cv-00616-SDM-MAP Document 45 Filed 09/26/2007 Page 3 of 3 Spain s Opposition to Plaintiffs Motion for Protective Order Regarding Preliminary Site Assessment. CERTIFICATE UNDER LOCAL RULE 3.01h!) Pursuant to Local Rule 3. 01(g), undersigned counsel certifies that he has conferred with counsel for Claimant, The Kingdom of Spain, in a good faith effort to resolve the issues by this Motion, and counsel were unable to agree on the resolution of the same. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on September 25 2007 , I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which wil send a notice of Covington & Burling LLP, 1201 Pennsylvania Ave. , Washington, DC 20004; and David C. Banker, Bush Ross P. , 220 S. Franklin Street P. O. Box 3913 , Tampa, FL 33601 Attorneysfor Claimant, Kingdom of Spain. electronic fiing to James A. Goold, 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 (813) 228-7411 sl Facsimile: (813) 229- 8313 Attorneys for Plaintiff

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