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

Filing 11

ORDER attached denying 9 Motion for Preliminary Injunction. Signed by Judge Richard A. Lazzara on 6/20/2008. (CCB)

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

Doc. 11

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ODYSSEY MARINE EXPLORATION, INC., Plaintiff, v. 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). / ORDER Upon due consideration of Plaintiff's Motion for Order Granting Preliminary Injunctive Relief (Dkt. 9), it is ordered and adjudged that the Motion is denied as premature. The clear language of Rule 65 of the Federal Rules of Civil Procedure concerning preliminary injunctions provides that notice must be given to the party the movant seeks to enjoin. An injunction binds only those persons who actually receive notice.1 In this case, there is no indication at this time that the in personam jurisdiction of CASE NO: 8:08-cv-1045-T-26MAP

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See Fed.R.Civ.P. 65(d)(2).

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this Court should be invoked2 because there is no assertion that anyone is attempting to interfere with the ongoing salvage recovery.3 Should an adverse party surface, then Plaintiff is without prejudice to renew this motion and give the notice contemplated by the rule. DONE AND ORDERED at Tampa, Florida, on June 20, 2008.

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

COPIES FURNISHED TO:

Counsel of Record

See Lathrop v. Unidentified, Wrecked & Abandoned Vessel, 817 F.Supp. 953, 961 (M.D. Fla. 1993) (citing Hitchman Coal & Coke Co. v. Mitchell, 245 U.S. 229, 38 S.Ct. 65, 62 L.Ed. 260 (1917) and Zepeda v. United States I.N.S., 753 F.2d 719 (9th Cir. 1983), for the principle that admiralty law invokes in rem jurisdiction only, and in personam jurisdiction requires exercise of personal jurisdiction with adequate notice). See Treasure Salvors, Inc. v. Unidentified, Wrecked and Abandoned Sailing Vessel, 640 F.2d 560, 567 (5th Cir. 1981) (holding that district court did not abuse discretion in issuing injunction in situation involving rival salvors over which the court had personal jurisdiction).
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