Odyssey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel
Filing
8
Attachment 2
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 Att. 2
Case 8:07-cv-00616-JSM-MSS
Document 8-3
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).
AFFIDAVIT IN SUPPORT OF MOTION FOR APPOINTMENT AS SUBSTITUTE CUSTODIAN
My full name is Melinda J. MacConnel. My legal address is 5215 West Laurel
Street , Suite 210, Tampa, Florida 33607.
this affidavit.
I am competent
to testify as to the matters covered in
I have served as General Counsel of Plaintiff, Odyssey Marine Explorations , Inc.
(hereinafter referred to as "
Odyssey ), for one year.
Odyssey is fully qualified to serve as the Substitute Custodian of the Defendant Shipwrecked Vessel(s).
Odyssey has had many years of experience in the stabilization
conservation and curation of objects and artifacts recovered from ocean environments. Such
objects and artifacts quickly degrade unless properly conserved. It is necessary also for purposes
of fulfilling the appropriate
archaeological protocols for a site such as
this nineteenth century
wreck that proper conservation of objects be performed.
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\.
"""
Case 8:07-cv-00616-JSM-MSS
Document 8-3
Filed 04/13/2007
Page 2 of 2
Odyssey agrees to assume the responsibility of safekeeping the salvaged artifacts.
This includes not only the proper stabilization , conservation and curation of objects and artifacts
recovered from the wrecksite but also the required cataloguing and recording of data for such
objects and artifacts.
Odyssey has adequate liability insurance to respond in damages for loss of or
injury to the said artifacts during said custody for damages sustained by third parties due to the
negligence of Odyssey, its employees or agents committed during said custody.
All costs and expenses incidental to keeping of the said artifacts are to be assumed
by Odyssey, and Odyssey
understands that the United States Marshal does not assume any
incurred incidental to
liability for any acts of the substitute custodian or any costs
court-appointed custodianship.
this
Odyssey agrees to act as Substitute Custodian until further order of the Court.
FURTHER AFFIANT SAITH NOT.
Melin a J. MacConnel
(TYPED NAMED)
STATE OF FLORIDA COUNTY HILLSBOROUGH
authority, personally appeared this day Melinda J. as identification or i s personally known to MacConnel , and who was duly sworn and says that the for going is true and correct to the best of h s/her
Before me,
, who has produced
r
the undersigned
infoTInation and belief.
SWORN TO AND SUBSCRIBED beD
NOTARY PUBUC- STI\ OF FLORIDA
me this 11
th
day of April, 2007.
BON DED THRU
" Gayla M. Arold sion #DD598439 )Co ' Exlrs: SEP. 24, 2010
ATC BONDING CO., INC.
Public , State of Florida rge
2345077
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