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

Filing 8

MOTION for Appointment of Substitute Custodian by Odyssey Marine Exploration, Inc.. (Attachments: # 1 Consent and Indemnification Agreement# 2 Affidavit)(Von Spiegelfeld, Allen)

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Odyssey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel Doc. 8 Case 8:07-cv-00616-JSM-MSS Document 8 Filed 04/13/2007 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 vs. CIVIL ACTION Case No. : 8:07- CV- 00616- JSM- MSS THE UNIDENTIFIED , SHIPWRECKED VESSEL , its apparel , tackle appurtenances and cargo located within center point coordinates: (to be provided to the Court under seal) In rem Defendant( s). MOTION FOR APPOINTMENT OF SUBSTITUTE CUSTODIAN Pursuant to Local Admiralty Rule 7. 05(k)(3), Plaintiff, Odyssey Marine Exploration , Inc. by and through its undersigned attorney, represents the following: On April 9 , unidentified , 2007 , Plaintiff initiated the above-styled action against an shipwrecked vessel , its engines , apparel , tackle, appurtenances , furniture and furnishings , equipment and cargo. On April 13 , 2007 , the Clerk of the District Court issued a Warrant of Arrest against the unidentified , shipwrecked appurtenances , vessel or vessels its engines , apparel , tackle furniture and furnishings , equipment and cargo , directing the U.S. Marshal to take custody of the vessel , and to retain custody of the said vessel pending further order of this Court. Dockets.Justia.com Case 8:07-cv-00616-JSM-MSS Document 8 Filed 04/13/2007 Page 2 of 2 Subsequent to the issuance of the Warrant of Arrest , the Marshal wil take steps to immediately seize items retrieved from the unidentified wreck. Thereafter , continual custody by the Marshal will require the special knowledge relating to the preservation of antique artifacts. Artifacts retrieved from the unidentified wreck are presently in Tampa, Florida and , subject to the approval of the Court , the Substitute Custodian is prepared to provide security and take the steps necessary for the preservation of the artifacts of the vessel and for the safekeeping of the artifacts of the vessel at a cost substantially less than that presently required by the Marshal. The substitute custodian has also agreed to provide these services free of charge. The substitute custodian has adequate facilities for the care , maintenance and security of the said artifacts. Concunent with the Court' s approval of the Motion for Appointment of Substitute Custodian , Plaintiff, acting as the substitute custodian , wil file a Consent and Indemnification Agreement in accordance with Local Admiralty Rule 7. 05(k)(3)(B). THEREFORE , in accordance with the representations set forth in this instrument , and subject to the filing of the indemnification agreement noted in paragraph 6 above , Plaintiff requests the Court to enter an order appointing Odyssey Marine Exploration , Inc. as the substitute custodian for the artifacts. DATED this 13th day of April , 2007. Allen von SpiegelD - FBN 256803 FOWLER WHITE BOGGS BANKER P . P. O. Box 1438 Tampa , Florida 33601 813- 228- 7411 813- 229- 8313 - Facsimile avonspC2fow lerwhi te. com Attorneys for Plaintiff 2345087

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