Odyssey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel
Filing
46
MOTION for leave to file Reply to Claimant Kingdom of Spain's Opposition to Motion for Order Granting Preliminary Injunctive Relief by Odyssey Marine Exploration, Inc.. (Von Spiegelfeld, Allen)
Odyssey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel
Doc. 46
Case 8:07-cv-00616-SDM-MAP
Document 46
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, INe.
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' S OPPOSITION TO PLAINTIFF' S MOTION FOR ORDER GRANTING PRELIMINARY INJUCTIVE RELIEF
COMES
NOW
Plaintiff
ODYSSEY MARINE
counsel ,
EXPLORATION
INC.
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 Order Granting Preliminary Injunctive Relief. In support of this Motion, Plaintiff
states:
Dockets.Justia.com
Case 8:07-cv-00616-SDM-MAP
Document 46
Filed 09/26/2007
Page 2 of 3
Plaintiff filed a Motion for Order Granting Preliminary Injunctive Relief on
August 6 , 2007,
(Dkts. 28 , 32), and Claimant SPAIN responded in opposition (Dkt. 42).
No other brief or other legal memorandum pertaining to ODYSSEY' s Motion
for Order Granting Preliminar Injunctive Relief is permitted without the permission of this
Court. See Local Rule 3. 01(c).
SPAIN' s Opposition to Plaintiffs Motion for Preliminary Injunctive Relief
raises certain factual allegations and issues that are unique to SPAIN' s status as a foreign
state. Namely, SPAIN argues that ODYSSEY' s proposed Order interferes with the exercise
of a foreign nation
s governental functions and that this Court does not have jurisdiction
over SPAIN. ODYSSEY seeks to rebut SPAIN' s arguments as a matter of fact and law to
demonstrate to this Court to order injunctive relief against SPAIN.
In its opposition, SPAIN makes other incorrect
factual and legal assertions
including the boundares and effect of the injunction requested which Odyssey would like to
address in its reply memorandum.
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 assertions ODYSSEY feels it is
necessary to
controvert. Plaintiff wil limit the reply to no more than five pages.
WHEREFORE , Plaintiff Odyssey Marine Exploration, Inc. respectfully requests this
Honorable Court to grant its motion for leave to file a reply to Claimant The Kingdom of
Spain s Opposition to Plaintiffs Motion for Order Granting Preliminary Injunctive Relief.
Case 8:07-cv-00616-SDM-MAP
Document 46
Filed 09/26/2007
Page 3 of 3
CERTIFICATE UNDER LOCAL RULE 3.01(2)
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 CMfECF 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 A ttorneys for 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
sf
Facsimile: (813) 229- 8313
Attorneys for Plaintiff
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