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

Filing 6

MOTION to appoint custodian (Substitute Custodian) by Odyssey Marine Exploration, Inc.. (Von Spiegelfeld, Allen) Motions referred to Magistrate Judge Thomas B. McCoun III.

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Odyssey Marine Exploration, Inc. v. The Unidentified, Wrecked and Abandoned Sailing Vessel Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ODYSSEY MARINE EXPLORA nON, INe. Plaintiff : CIVIL ACTION Case No. : 8:08-cv-01044- SDM- TBM THE UNIDENTIFIED, WRECKED AND (FOR FINDERS-RIGHT PURPOSES) ABANDONED SAILING VESSEL , if any, its apparel, tackle appurtenances and cargo located within center point coordinates: to be provided to the Court under seal at the Court' s request in rem Defendant( s). MOTION FOR APPOINTMENT OF SUBSTITUTE CUSTODIAN Pursuant to Local Admiralty Rule 7. 05(k)(3), Plaintiff, Odyssey Marine Exploration Inc. (" Odyssey ), by and through its undersigned attorney, represents the following: On May 29, 2008 , Plaintiff initiated the above-styled action against an unidentified , shipwrecked vessel, its apparel, tackle, appurtenances, and cargo. On June 19 , 2008, the Clerk of the District Court issued a Warrant of Arrest against the unidentified, shipwrecked vessel or vessels, its apparel, tackle, appurtenances, 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. 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 Dockets.Justia.com custody by the Marshal wil require the special knowledge relating to the preservation of antique artifacts. Artifacts retrieved from the unidentified wreck are presently in or en route to Tampa , Florida, and, subject to the approval of the Court. Odyssey, as 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. Odyssey has also agreed to provide these services free of charge. Odyssey has adequate facilities for the care, maintenance and security of the said artifacts. Concurrent with the Court's Substitute Custodian, Plaintiff, Odyssey, approval of the Motion for Appointment of acting as the Substitute Custodian, will file a Consent and Indemnification Agreement in accordance with Local Admiralty Rule 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 Odyssey, requests the Court to enter an order appointing Odyssey Marine Exploration, Inc. as the Substitute Custodian for the artifacts. DATED this 19th day of June, 2008. s/ Allen von Spiegelfeld Allen von Spiegelfeld - FBN 256803 avonsp fowlerwhite. com Eric C. Thiel- FBN 016267 ethiel fowlerwhi te. com FOWLER WHITE BOGGS BANKER P. O. Box 1438 Tampa , Florida 33601 (813) 228-7411 Facsimile: (813) 229- 8313 Melinda J. MacConnel- FBN 871151 Odyssey Marine Exploration, Inc. 5215 West Laurel Street Tampa , FL 33607 (813) 876- 1776 , ext. 2240 Fax: (813) 830- 6609 E-mail: mmacconnel shipwreck.net Attorneys for Plaintiff (25C)

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