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

Filing 1

COMPLAINT against The Unidentified, Wrecked and Abandoned Sailing Vessel (Filing fee $ 350 receipt number T046246) filed by Odyssey Marine Exploration, Inc..(LYB)

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

Doc. 1

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

Plaintiff

CIVIL ACTION

Case No.

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).

VERIFIED COMPLAINT IN ADMIRALTY

IN REM

Plaintiff, Odyssey Marine Exploration, Inc. ("Odyssey ), by its undersigned counsel

hereby asserts the

following Complaint

in rem

against THE UNIDENTIFIED
if any, its

SHIPWRECKED VESSEL, if any, its apparel, tackle, appurtenances and cargo,

apparel , tackle, appurtenances, and cargo located within the area described relative
centerpoint coordinates

to the

to be filed under seal at the Court' s request (hereinafter

Defendant

Site

Dockets.Justia.com

THE PARTIES

Odyssey is a Nevada corporation with its principal place of business located at

5215 West Laurel Street, Tampa, Florida 33607. Odyssey is engaged in the business of
deep-ocean exploration and the recovery of shipwrecks around the world.

The Defendant Site appears to be a cannon wreck of the Colonial period lying

within the English Channel at a depth of less than 200 meters between 25 and 40 miles from
the Coast of the United Kingdom, beyond the terrtorial waters or contiguous
zone of any

sovereign nation. Upon information and belief, no extant entity or person presently claims
any ownership interest in the Defendant Site. There has been no evidence detected at the site
which would indicate previous efforts to salvage the shipwreck and/or its cargo. The value of
the Defendant Site cannot be estimated at this time.
II.

JURISDICTION AND VENUE
This is a case of admiralty and maritime jurisdiction stating a maritime claim

within the meaning of Rule 9(h) of the Federal Rules of Civil Procedure and Supplemental

Admiralty Rules C and D as hereinafter more fully appears.

This Court has

original

jurisdiction over this matter pursuant to 28 U. C. gg 1331 and 1333. In addition, the Court
has in personam jurisdiction over the Plaintiff and constructive quasi in rem

jurisdiction over

the Defendant Site.

Venue is proper in the Middle District of Florida, Tampa Division, pursuant to
28 U.
C. g 1391 and Local Rule 3(A) and (B) (3). Plaintiffs principal place of

business is

located in this District, and artifacts recovered from the Defendant Site are and wil
the District during the course of this action.
II1.

be within

FACTS

Odyssey first located the site of the Defendant Site in the spring of 2008 using

sonar and magnetometer equipment. Odyssey has undertaken a preliminary survey of the

wreck site and taken limited video and photographic images
remotely operated vehicle ("ROV"

using a

surface-controlled

The Defendant Site rests on the sea floor at a depth of less than 200 meters

beyond the territorial waters or contiguous

zone of any sovereign nation.

The shipwreck'

position is located in an area referred to herein as the "Salvage Area" and is defined by the

afore-mentioned center point coordinates. Upon information and belief, no other salvor is
currently working on this site, nor has any evidence been detected of any salvage attempts.
Odyssey is aware of no operations other than those by Odyssey which have been conducted
on this site or in the general area,

and to the best of Odyssey s knowledge, no salvor has

sought to protect an interest in the vessel through an arrest. Odyssey has maintained actual
continuous ,
and exclusive possession or

constructive occupancy of the wreck site to

the

extent this is possible.

The wreck site consists of cannons and other unidentified objects. Odyssey
believes that potentially valuable cargo may be located at or near the site.

Odyssey is the only party which is currently engaged in exploration
survey operations
on the

and

Defendant Site.

Using appropriate

archaeological protocols

Odyssey has voluntarily and successfully obtained video and photographic images of the

Defendant Site and has begun preliminary archaeological

documentation of the

site.

Odyssey is ready and able to conduct operations to recover artifacts from the Defendant Site

although it has done so only on a limited basis thus far. Odyssey is currently developing

an

archaeological excavation and conservation plan to ensure that its recovery operations are
consistent with rigorous archaeological protocols ,

and the recovery operations wil proceed

consistent with these protocols.

Upon the filing of this action, Odyssey intends to turn over to the United
States Marshal for the Middle District of Florida for symbolic arrest in rem

a piece of glass

(hereinafter referred to as the " artifact"

) recovered from the Defendant Site. Odyssey

survey and recovery operation has been, and will continue to be, conducted in accordance

with all appropriate archaeological protocols and under the direction of an experienced
nautical archaeologist.

10.

In addition to the artifact presented

to the Court,

Odyssey has documented

other objects it has found on the Defendant Site. Any further artifacts recovered from the
Defendant Site wil be recovered under the jurisdiction of this Court, and wil be within
the

actual and/or constructive possession of this Court or its duly-appointed Substitute Custodian
during the pendency of this action.
11.
Court has
This Court has in personam

jurisdiction over the Plaintiff. In addition, this

, or wil have during the pendency of this action, jurisdiction over any potential
of

claimant or competing salvor by virte
Plaintiffs admiralty

its contacts to this forum; the nature

of the

action; the relationship of the potential claimant and/or salvor to the

Plaintiff, the forum, and the cause of action; and/or under the principles of jurisdiction by
necessity.
12.
This Court' s

exercise of jurisdiction over competing claimants and/or salvors

is necessary to prevent irreparable injury to, or destruction of the Defendant Site; to allow the

Plaintiff to continue to pursue its ongoing survey and recovery operations

without

interference; to bring the recovered artifacts within this District; and to prevent destruction of
this Court' s actual and potential jurisdiction.
13.

Odyssey, its agents and associates, have invested substantial time, money and

effort in locating,

surveying and photographing the Defendant Site,

and in planning the

physical recovery of artifacts from the Defendant Site.
14.

Odyssey, its agents and associates, are actively, voluntarily and successfully

engaged in the process of reducing certain artifacts from the Defendant Site to the Plaintiff s
exclusive custody, possession, dominion and control, as circumstances permit, and Odyssey
has the present ability and intention to continue to do so during the pendency of this action.
IV.

PLAINTIFF' S CLAIMS
COUNT I: POSSESSORY AND OWNERSHIP CLAIM PURSUANT TO THE LAW OF FINDS
15.

Plaintiff incorporates herein by reference, as though fully set forth herein, the
through 14.

allegations set forth above in paragraphs 1
16.

This count arises under Supplemental Admiralty Rule D and general maritime

law.

17.

The Plaintiff is, by virtue of its exclusive possession, dominion and control of

the Defendant Site, in possession of the Defendant Site, and has taken such actions as are
necessary to

constitute continued possession,

dominion and control of the Defendant

shipwreck.
18.

As there is no extant owner of the Defendant Site or its artifacts, Odyssey is

entitled to an adjudication of title and ownership in the Defendant Site, and her artifacts, and

the right to recover the Defendant Site and her artifacts without the interference of any other
salvor or claimant.

COUNT II: SALVAGE AWARD CLAIM PURSUANT TO THE LAW OF SALVAGE
19.

Plaintiff incorporates by reference,

as though fully set forth herein, the

allegations , set forth above in paragraphs 1 through 18.
20.
This count

arises under Supplemental

Admiralty Rule C and the general

maritime law as salvage services constitute a preferred maritime lien.
21.

The Defendant Site and her artifacts are subject to maritime peril and she is in

an utterly helpless condition from which she could not be rescued without the voluntary and
successful services of Odyssey, its agents and associates.
22.

Plaintiff is under no legal obligation or official duty to render salvage services

to the Defendant Site.

23.

Plaintiff s voluntary services have been, and wil continue to be, successful in

rescuing and/or helping to rescue artifacts from the Defendant Site in order to investigate and

research the wreck and to return the recovered portions thereof to the stream of commerce
from which they were lost.
24.

Plaintiff, by virtue of services performed, the private risk capital expended

and the time spent and danger incurred in finding and recovering artifacts from the Defendant
Site , is entitled to a liberal salvage award for such services.

COUNT III: DECLARATORY JUDGMENT
25.

Plaintiff incorporates by reference,

as though fully set forth herein, the

allegations set forth above in Paragraphs 1 through 24.
26. 27.

This is an action for a Declaratory Judgment pursuant to 28 U.S.C. g 2201(a).
Defendant Site is located on the submerged lands referred to herein as the
Channel beyond the territorial

Salvage Area. This is an area located within the English

waters or contiguous zone of any sovereign nation.

28.

No governent has the authority to interfere with Odyssey s

exploration

and/or recovery of the Defendant Site, or to grant, condition or deny the right of Odyssey to

do so within the waters of the Atlantic Ocean, beyond the territorial sea or contiguous zone
of any sovereign nation; and the

Defendant Site is subject

to the admiralty laws

abandonment and the law of finds, or the maritime law of salvage.
COUNT IV: CLAIM FOR INJUNCTIVE RELIEF TO PROTECT THE RECOVERY OPERATION
29.

Plaintiff incorporates by reference,

as though fully set forth herein, the

allegations set forth above in Paragraphs 1 through 28.

30.

The rights and efforts of the Plaintiff, the economic value and integrity of the

artifacts sought, the successful recovery of lost and abandoned property at sea , and the safety

of life and limb mandate that Plaintiff be protected

by the Court in maintaining exclusive

dominion and control of its recovery activities concerning the Defendant Site without the
interference of third parties,
and to be salvor-in-possession

or finder-in-possession of the

Defendant Site for as long as Plaintiff intends to conduct operations at the site.
31.

Allowing interference with the Plaintiff

ongoing operations would

substantially and irreparably injure the Plaintiff, would be inequitable, would be harmful to
the public good,

would constitute a significant hazard to safe and successful

salvage

operations , and would be contrary to a balancing of the respective interests of the parties and

the comparative hardships borne.
32.

In order to adequately protect the security and the archaeological integrity of
preliminary injunction

the Plaintiffs recovery operations , this Court should enter a

prohibiting any rival salvors or entity from conducting search and/or recovery operations , or

any entity conducting activities that would disturb
coordinates encompassing the Salvage Area.

the site in any manner, within the

PRAYER FOR RELIEF

WHEREFORE , Plaintiff prays for relief as follows:
(a)

that a Declaratory Judgment issue that the Defendant Site is subject

to the

admiralty laws of abandonment and the law of finds , or the maritime law of salvage;
(b)

that a Declaratory Judgment issue that no governent has the

jurisdiction or

authority to interfere with exploration for and/or recovery of the Defendant Site , or to grant

condition or deny the right of Odyssey to do so within the waters of the English Channel
beyond the territorial sea or contiguous zone of any sovereign nation;
(c)

that Odyssey be adjudged the true, sole and exclusive owner of the Defendant

Site and any items recovered therefrom;
(d)
in the alternative,

should any claimant other than Odyssey be adjudged the

owner of the Defendant Site or any items recovered therefrom , that Odyssey be awarded a

liberal salvage award,

with the amount

and/or composition of such award as may be

determined by this Court pursuant to the law of salvage;
(e)

that Odyssey be adjudged as having the sole and exclusive right to conduct
Defendant Site,
to preserve any

recovery operations on the

artifacts recovered from the

Defendant Site as either salvor-in-possession or finder-in-possession, without the interference

of other third parties, and that any and all such interference be temporarily and permanently
enjoined; and
(f)
that process in rem and/or quasi in rem

and a Warrant of Arrest may issue in

due form of law, in accordance with the practice of this Honorable Court in

causes of

admiralty and maritime jurisdiction against the aforesaid Defendant Site, and/or artifacts

recovered from the Defendant Site , with notice to be posted on the shipwreck to all persons

claiming an interest in Odyssey s ongoing recovery operations to appear and answer this
Complaint and to show cause as to why the artifacts recovered from the Defendant Site by
Odyssey and its associates should not be:
(i)

delivered to Odyssey as the sole and exclusive owner of said artifacts;

(g)

(ii)

alternatively, appropriately transferred in satisfaction of any judgment

in favor of Odyssey for a salvage award; and

that Odyssey may have such other and further relief as the justice of this cause
may reqmre.

Respectfully submitted
Dated:

Mav 29, 2008

feld - FBN 256803 llen von Sp avonsp fowlerwhite. com Eric C. Thiel - FBN 016267 ethiel fowlerwhite. 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]

mmaccomlel

shipwreck. net

Attorneys for Plaintiff

40223499(33C)

VERICATION
STATE OF FLORIA

COUNTY HILLSBOROUGH
authority, personally appeared ths day, Melida J. General Counel. Odyssey Mare Exploration, Inc., who is MacConnel. Vice President personaly. known to me, and who was duly sworn and says tht she has read the foregoing Complait and is famar with its contents which are e to the best of her inormation and belief.

Before me,

the undersigned

(Signatue)

(prited Name)
(Title)

SWORN TO AN SUBSCRIED befi

e ths

-3

day of May, 2008.

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