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

Filing 10

ORDER granting 6 Motion to appoint substitute custodian. Odyssey Marine Exploration, Inc. appointed. Signed by Judge Richard A. Lazzara on 6/20/2008. (SKH)

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

Doc. 10

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ODYSSEY MARINE EXPLORATION, INC., Plaintiff, v. THE UNIDENTIFIED SHIPWRECKED VESSEL OR VESSELS, their apparel, tackle, appurtenances, and cargo located within center point coordinates: 49° 25' N, 6"00'W; Radius: 5 nautical miles in rem, Defendant(s). / ORDER UPON DUE CONSIDERATION, it is ORDERED AND ADJUDGED that Plaintiff's Motion for Appointment of Substitution of Custodian [Dkt. 6] is granted based on the following findings: 1) The Court finds that (a) Odyssey is duly qualified to serve as the Substitute CASE NO: 8:08-cv-1045-T-26MAP

Custodian of the artifacts recovered from the Defendant Shipwrecked Vessel; (b) Odyssey has agreed to assume the responsibility of safekeeping the salvaged artifacts; and ©) Odyssey has agreed to act as Substitute Custodian until further Order of the Court. 2) The United States Marshal for the Middle District of Florida be, and he

hereby is, authorized and directed to surrender possession thereof to the Substitute

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Custodian named herein, Odyssey Marine Exploration, Inc., and that upon such surrender, the Marshal shall be discharged from the duties and responsibilities for the safekeeping of said Vessel and held harmless by any party for any and all claims arising whatsoever out of said possession and safekeeping. 3) Odyssey is appointed the Substitute Custodian of the Defendant

Shipwrecked Vessel and any artifacts recovered therefrom. Odyssey shall retain the same in custody for possession and safekeeping until further order of this Court. Any Marshal's costs, if any, shall be paid prior to the release of said property and that the Substitute Custodian receipt for the property and the Marshal attest to the date anytime of release on a certified copy thereof. DONE AND ORDERED at Tampa, Florida, on June 18, 2008.

s/Richard A. Lazzara RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE

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