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.

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 [phone]
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: [phone]
E-mail:

mmacconnel

shipwreck.net

Attorneys for Plaintiff

(25C)