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)
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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