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

Filing 93

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

Doc. 93

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA Tampa Division In Admiralty : : Plaintiff, : CIVIL ACTION : v. : : Case No: 8:07-CV-00616-SDM-MAP : 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 TO CONDUCT HEARING IN CAMERA This Motion is an identical filing being made in cases 8:06-CV-01685-SDM-MAP, and 8:07-CV-00614-SDM-MAP. COMES NOW, Plaintiff, Odyssey Marine Exploration, Inc., by and through its undersigned counsel, and respectfully moves this Honorable Court to provide the parties with a short in camera hearing to discuss the disclosures that are to be made by Odyssey Marine ODYSSEY MARINE EXPLORATION, INC.

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Exploration, Inc. ("ODYSSEY") pursuant to this Court's Order dated January 10, 2008 (Dkt. 79), and in support thereof would state: 1. Odyssey is anxious to make full disclosure of the information that it has

available, pursuant to the Court's Order. 2. Some of the information available, if disclosed to the general public, could

create security issues relative to the site. 3. Any discussion of these issues in open court would also jeopardize the

security of the site. 4. It is Odyssey's desire to discuss in camera the best way to make the disclosure

of these sensitive items so as to avoid endangering the security of the site. MEMORANDUM OF LAW IN SUPPORT The issue of in camera hearings has been previously briefed. The case law is clear that in camera hearings are not the preferred method of conducting litigation. However, the cases are also clear that, if the discussion is going to involve trade secrets, confidential information, or other sensitive items, the Court has the option of conducting the hearing in camera. United States v. Valenti, 987 F.2d 708 (11th Cir. 1993). In this situation, the hearing could be held telephonically. The issues to be discussed relate merely to the manner of the disclosure of information in the answers to the Court-ordered interrogatories. WHEREFORE, it is respectfully requested that this Honorable Court grant the parties an in camera hearing prior to the disclosure date, April 12, 2008. In order to accomplish this, it is further requested that the in camera hearing be handled telephonically to provide an expedited hearing.

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CERTIFICATE UNDER LOCAL RULE 3.01(g) Pursuant to Local Rule 3.01(g), undersigned counsel certifies that Ms. MacConnel 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. Respectfully submitted,

s/ Allen von Spiegelfeld Allen von Spiegelfeld ­ FBN 256803 [e-mail] Eric C. Thiel ­ FBN 016267 [e-mail] FOWLER WHITE BOGGS BANKER P.A. P.O. Box 1438 Tampa, Florida 33601 [phone] Facsimile: [phone]

s/ Melinda J. MacConnel Melinda J. MacConnel ­ FBN 871151 Odyssey Marine Exploration, Inc. 5215 West Laurel Street Tampa, FL 33607 [phone], ext. 2240 Fax: [phone] E-mail: [e-mail] Attorneys for Plaintiff

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 31, 2008, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to James A. Goold, Covington & Burling LLP, 1201 Pennsylvania Ave., NW, Washington, DC 20004; and David C. Banker, Bush Ross P.A., 1801 North Highland Avenue Tampa, Florida 33602 Mailing Address: Post Office Box 3913 Tampa, Florida 33601, Attorneys for Claimant, Kingdom of Spain.

s/ Allen von Spiegelfeld Allen von Spiegelfeld ­ FBN 256803 [e-mail] Eric C. Thiel ­ FBN 016267 [e-mail] FOWLER WHITE BOGGS BANKER P.A. P.O. Box 1438 Tampa, Florida 33601 [phone] Facsimile: [phone] s/ Melinda J. MacConnel Melinda J. MacConnel ­ FBN 871151 Odyssey Marine Exploration, Inc. 5215 West Laurel Street Tampa, FL 33607 [phone], ext. 2240 Fax: [phone] E-mail: [e-mail] Attorneys for Plaintiff

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