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

Filing 8

AFFIDAVIT of Melinda J. MacConnel re: 6 MOTION to appoint custodian (Substitute Custodian) by Odyssey Marine Exploration, Inc.. (Von Spiegelfeld, Allen)

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

Doc. 8

IN THE UNITED STA TESDISTRICTCOURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

ODYSSEY MARINE EXPLORATION, INC.

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 cellter point coordinates: to be. provided to the Court under $.eal at the Court' sreque.
in rem

Defendant(s).
AFFIDAVIT INSUPFORTOF MOTION FORAP.POINTMENTAS SUBSTITUTE CUSTODIAN

My nlH name is Meliiida . J. MadCollnel. My legal address is 5215 West
Laurel Street, Suite 210, Tampa, Florida, 33607. I am competent to testify and have personal
knowledge as to thematteis coveted in thi s

affdavit

1 have served as General COllnsel of Plaintiff, Odyssey Marine Exploration
Inc. (hereinafter referred to as "Odyssey

), forapproxit;nately two (2) yeats.

Odyssey is fully qualified to serve as the Substitute Custodian of the
Defendant Site. Odyssey has had
tna,J1Y ye.ats.

of experience in the stabilization, conseNation

andcuration oJ objects and artifacts recovered from oceanellvironments. Such objects and
attifa,cts quickly degtadeurtessptopetly conserved. It is necessary also for purposes of

Dockets.Justia.com

f).dfiUing the appropriate archaeological protocols

fora site such as this Colonial period

wreckthat proper conservation of objects be perfoiTled.

Odyssey agrees to assume the responsibility of safekeeping

all salvaged

artifacts from the Defendant Site,

nlis includes, not only the proper stabilization
but also the

conservationahd curation of objects and artifacts recovered from the site ,
required cataloguing al1d recording of data for such objects and artifacts.

Odyssey has adequate liability insurance. to respond to damages for loss of or

injutyto the said artifacts during its custody Or fot damages sustained by third parties due to
the negligence of Odyssey, 1ts. ellployeesot agents. C0111ihlUed during
custody.

All costs and expenses incidental to. keeping the artifacts are to be assllIDed by
Odyssey, al1cl Odyssey llhderstandsthat the United Sta.tes Ma.rshal does not assume any

liability for any acts of the substitute custodian or any costs incurred incidental to this
court'-appbinted custodialiship.

Odyssey agrees to aetas Substitute Custodian UhtiLfurther orderofthe
FURTHER AFFIANT SAITH NOT.

Court.

Melina J. MacConnel
(TYPED NAMED)

:--

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STATE OF FLORIDA

COUNTY HILLSBOROUGH

Before me, the undersigned authority; p r$onanYaPP ated this day Melinda MacConnel, who is persol1al1yKu()Wn to me, and who was duly swotpand says that the foregoiugis true and correct to the best of her infotJmtion and belief.

SWORN TO AND SUBSCRIBED hefore me this

day of June, 2008.

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