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

Filing 2

RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 6/8/2008. Signed by Judge Richard A. Lazzara on 5/30/2008. (RJC)

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

Doc. 2

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
Odyssey Marine Exploration, Inc., Plaintiff, v. The Unidentified, Wrecked and Abandoned Sailing Vessel, Defendant. _____________________________________/ Case No. 8:08-cv-1045-T-26MAP

RELATED CASE ORDER, INTERESTED PERSONS ORDER, ORDER REQUIRING ELECTRONIC FILING, AND NOTICE OF TRACK DESIGNATION
RELATED CASE ORDER: No later than June 8, 2008, counsel and any pro se

party shall comply with Local Rule 1.04(d), and shall file and serve a certification as to whether the instant action should be designated as a similar or successive case pursuant to Local Rule 1.04(a) or (b). The parties shall utilize the attached form NOTICE OF PENDENCY OF OTHER ACTIONS. INTERESTED PERSONS ORDER: This Court makes an active effort to screen

every case in order to identify parties and interested corporations in which any assigned judge may be a shareholder, as well as for other matters that might require consideration of recusal. Accordingly, no later than June 8, 2008, each party, pro se party, governmental party, intervenor, non-party movant, and Rule 69 garnishee shall file and serve a CERTIFICATE PERSONS AND CORPORATE DISCLOSURE STATEMENT utilizing the attached form. No party may seek discovery from any source before filing and serving a CERTIFICATE OF INTERESTED PERSONS
AND OF

INTERESTED

CORPORATE DISCLOSURE STATEMENT. A motion, memorandum,

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response, or other paper -- including emergency motion -- may be denied or stricken unless the filing party has previously filed and served its CERTIFICATE CORPORATE DISCLOSURE STATEMENT. Each party has a continuing obligation to file and serve an amended CERTIFICATE INTERESTED PERSONS
AND OF OF

INTERESTED PERSONS

AND

CORPORATE DISCLOSURE STATEMENT within eleven days of 1)

discovering any ground for amendment, including notice of case reassignment to a different judicial officer; or 2) discovering any ground for recusal or disqualification of a judicial officer. A party should not routinely list an assigned district judge or magistrate judge as an "interested person" absent some non-judicial interest. In order to assist the Court in determining when a conflict of interest may exist, particularly when ruling on matters formally assigned to another judge, each party shall use the full caption of the case -- including the names of all parties and intervenors -- on all motions, memoranda, papers, and proposed orders submitted to the Clerk. See Fed.R.Civ.P. 10(a); Local Rule 1.05(b) ("et al." discouraged). NOTICE OF TRACK TWO DESIGNATION In accordance with Local Rule 3.05, this

action is designated a Track Two case. All parties must comply with the requirements established in Local Rule 3.05 for Track Two cases. Counsel and any unrepresented party shall meet within sixty days after service of the complaint upon any defendant for the purpose of preparing and filing a Case Management Report. The parties shall utilize the Case Management Report form located at the Court's website www.flmd.uscourts.gov under 'Judicial Information' and under assigned Judge Richard A. Lazzara, United States District Judge. Unless otherwise ordered by the Court, a party may not seek discovery from any source before the meeting. Fed. R. Civ. P. 26 (d); Local Rule 3.05(c)(2)(B).

ORDER REQUIRING ELECTRONIC FILING:

All attorneys appearing before

this court are required to register for CM/ECF docketing within 15 days of their entry of appearance in any action pending before this Court. Counsel are directed to the website located at www.flmd.uscourts.gov under "CM/ECF" where they are to request their password from the Court. (NOTE: Pro Se parties are exempt from the electronic filing requirement.) DONE and ORDERED in Tampa, Florida on May 30, 2008.

RICHARD A. LAZZARA Richard A. Lazzara [26] United States District Judge

Attachments: Notice of Pendency of Other Actions [mandatory form] Certificate of Interested Persons and Corporate Disclosure Statement Magistrate Judge Consent / Letter to Counsel Magistrate Judge Consent Form / Entire Case Magistrate Judge Consent / Specified Motions Web Case Management Form: www.flmd.uscourts.gov [mandatory form] Copies to: All Counsel of Record All Pro Se Parties

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
Odyssey Marine Exploration, Inc., Plaintiff, v. The Unidentified, Wrecked and Abandoned Sailing Vessel, Defendant. _____________________________________/ Case No. 8:08-cv-1045-T-26MAP

NOTICE OF PENDENCY OF OTHER ACTIONS
In accordance with Local Rule 1.04(c), I certify that the instant action: _____ IS related to pending or closed civil or criminal case(s) previously filed in this Court, or any other Federal or State court, or administrative agency as indicated below: _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ related to any pending or closed civil or criminal case filed with this Court, or any other Federal or State court, or administrative agency.

_____ IS NOT

I further certify that I will serve a copy of this NOTICE OF PENDENCY OF OTHER ACTIONS upon each party no later than eleven days after appearance of the party. Dated:

_____________________________ Counsel of Record or Pro Se Party [Address and Telephone]

CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT I hereby disclose the following pursuant to this Court's interested persons order: 1.) the name of each person, attorney, association of persons, firm, law firm, partnership, and corporation that has or may have an interest in the outcome of this action -- including subsidiaries, conglomerates, affiliates, parent corporations, publicly-traded companies that own 10% or more of a party's stock, and all other identifiable legal entities related to any party in the case: [insert list] 2.) the name of every other entity whose publicly-traded stock, equity, or debt may be substantially affected by the outcome of the proceedings: [insert list] 3.) the name of every other entity which is likely to be an active participant in the proceedings, including the debtor and members of the creditors' committee (or twenty largest unsecured creditors) in bankruptcy cases: [insert list] 4.) the name of each victim (individual or corporate) of civil and criminal conduct alleged to be wrongful, including every person who may be entitled to restitution: [insert list] I hereby certify that, except as disclosed above, I am unaware of any actual or potential conflict of interest involving the district judge and magistrate judge assigned to this case, and will immediately notify the Court in writing on learning of any such conflict. [Date] [Certificate of Service] _____________________________ [Counsel of Record or Pro Se Party] [Address and Telephone]

AO 85 (Rev. 8/98) Notice, Consent and Order of Reference -- Exercise of Jurisdiction by a United States Magistrate Judge

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
Odyssey Marine Exploration, Inc., Plaintiff, v. The Unidentified, Wrecked and Abandoned Sailing Vessel, Defendant. _____________________________________/ NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE TO EXERCISE JURISDICTION
In accordance with the provisions of 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a United States magistrate judge of this district court is available to conduct any or all proceedings in this case, including a jury or nonjury trial, and to order the entry of a final judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all parties voluntarily consent. You may, without adverse substantive consequences, withhold your consent, but this will prevent the court's jurisdiction from being exercised by a magistrate judge. If any party withholds consent, the identity of the parties consenting or withholding consent will not be communicated to any magistrate judge or to the district judge to whom the case has been assigned. An appeal from a judgment entered by a magistrate judge shall be taken directly to the United States court of appeals for this judicial circuit in the same manner as an appeal from any other judgment of a district court.

Case No. 8:08-cv-1045-T-26MAP

CONSENT TO EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE
In accordance with the provisions of 28 U.S.C. 636(c), and Fed.R.Civ.P. 73, the parties in this case hereby voluntarily consent to have a United States magistrate judge conduct any and all further proceedings in the case, including, the trial, order the entry of a final judgment, and conduct all post-judgment proceedings. Signatures ___________________________________ ___________________________________ ___________________________________ ___________________________________ Party Represented _________________________________ _________________________________ _________________________________ _________________________________ Date _____________________ _____________________ _____________________ _____________________

ORDER OF REFERENCE
IT IS ORDERED that this case be referred to the UNITED STATES MAGISTRATE JUDGE for all further proceedings and the entry of judgment in accordance with 28 U.S.C. 636(c), Fed. R. Civ. P. 73 and the foregoing consent of the parties. ___________________________________ DATE
NOTE:

__________________________________________________ UNITED STATES DISTRICT JUDGE

RETURN THIS FORM TO THE CLERK OF THE COURT ONLY IF ALL PARTIES HAVE CONSENTED ON THIS FORM TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE.

AO 85 (Rev. 8/98) Notice, Consent and Order of Reference -- Exercise of Jurisdiction by a United States Magistrate Judge

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
Odyssey Marine Exploration, Inc., Plaintiff, v. The Unidentified, Wrecked and Abandoned Sailing Vessel, Defendant. _____________________________________/ CONSENT TO EXERCISE JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE OVER DISPOSITIVE MOTIONS DESCRIBED UNDER 28 U.S.C. § 636(b)(1)(B) CONSENT TO EXERCISE OF JURISDICTION In accordance with the provisions of 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73, the parties in this case consent to have a United States Magistrate Judge conduct any and all proceedings and enter a final order as to each motion identified below. MOTION(S) _____________________________________________ _____________________________________________ Party Represented ___________________________ ___________________________ ___________________________ Signatures ________________________________ ________________________________ ________________________________
ORDER OF REFERENCE

Case No. 8:08-cv-1045-T-26MAP

Date ______________________ ______________________ ______________________

IT IS ORDERED that the above motions(s) be referred to the United States Magistrate Judge assigned to this case to conduct all proceedings and enter a final order on such motions(s) in accordance with 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73. ___________________ Date __________________________________________ United States District Judge

NOTE: RETURN THIS FORM TO THE CLERK OF COURT ONLY IF ALL PARTIES HAVE CONSENTED ON THIS FORM TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE.