Odyssey Marine Exploration, Inc. v. The Unidentified, Wrecked and Abandoned Sailing Vessel

Filing 20

MOTION for entry of clerk's default against The Unidentified, Wrecked and Abandoned Sailing Vessel by Odyssey Marine Exploration, Inc.. (Attachments: # 1 proposed clerk's default)(Von Spiegelfeld, Allen) Motions referred to Magistrate Judge Mark A. Pizzo.

Odyssey Marine Exploration, Inc. v. The Unidentified, Wrecked and Abandoned Sailing Vessel

Doc. 20

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
IN ADMIRALTY
ODYSSEY MARINE EXPLORATION, INC.
Plaintiff,
v.

CIVIL ACTION

Case No. 8:08-cv-01044-SDM-TGW

THE UNIDENTIFIED, SHIPWRECKED VESSEL, its apparel, tackle, appurtenances and cargo located within a 5 mile radius of the center
point coordinates: to be provided to the Cour under:

seal at the Court's request, in rem
Defendant.
/:

MOTON FOR ENTRY OF CLERK'S DEFAULT

Plaintiff, above named, respectfully quests the Clerk to enter default against the
Defendant above named and all claimants who have failed to plead or otherwise defend as
provided by the Federal Rules of Civil Procedure, as amended, in that any and all claimants were

required to plead or otherwise defend on or before March 24,2009, and have failed to do so.

Plaintiff fied notice in the Tampa Tribune on January 23, 2009, requiring claims to be
filed within 60 days.

Plaintiff fied notice in the London Times on January 23, 2009, requiring claims to be
filed within 60 days.

MEMORANDUM IN SUPPORT

Rule 55(a) of the Federal Rules of Civil Procedure, as amended, provides that when a
party against whom a judgment for affrmative relief is sought has failed to plead or otherwise

Dockets.Justia.com

defend as provided by these rules and that fact is made to appear by affdavit or otherwise, the
Clerk shall enter the party's default.

WHEREFORE, it is respectfully requested that a default be entered against any and all
claimants who have failed to plead or otherwise defend.
Respectfully submitted,

Allen von Spi
avonsp(fb erlopez.com

Eric C. Thiel - FBN 016267
ethi e i (f banker i opez. com

BANKER LOPEZ GASSLER P.A.
501 E. Kennedy Blvd.
Suite 1500

Tampa, Florida 33602 [phone] Facsimile: [phone]
and

Melinda 1. MacConnel - FBN 871 151 Odyssey Marine Exploration, Inc. 5215 West Laurel Street Tampa, FL 33607 [phone], ext. 2240
Fax: [phone]

E-mail: mmacconnel(fshipwreck.net

Attorneys for Plaintiff

Date: July 29, 2009

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