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

Filing 3

MOTION for issuance of warrant in rem by Odyssey Marine Exploration, Inc.. (Von Spiegelfeld, Allen) Motions referred to Magistrate Judge Mark A. Pizzo.

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

Doc. 3

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

Plaintiff

: CIVIL ACTION

: Case No. : 8:08-cv-Ol045-RAL-MAP

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).

MOTION FOR ORDER DIRECTING CLERK TO ISSUE WARRNT OF ARRST IN REM
Plaintiff, Odyssey Marine Exploration,
Inc.

, pursuant to Rule C(3), Supplemental

Rules for Certain Admiralty and Maritime Claims , moves the Court for an order directing the

Clerk to issue a warrant of arrest in rem against the Unidentified Shipwrecked Vessel, its
apparel , tackle, appurtenances and cargo located within center point coordinates provided the

Court under seal, as requested in the Complaint filed herein.

MEMORANDUM IN SUPPORT
A Complaint was filed herein on May 29 , 2008. It is alleged by the Plaintiff in the

Complaint that Plaintiff, Odyssey, discovered the Unidentified Shipwrecked Vessel in the
English Channel, using sophisticated sonar and photographic equipment. Plaintiff, Odyssey,

Dockets.Justia.com

also used a surface-controlled remote operating vehicle to survey the wreck site and to take
photographic images.

Furthermore ,

Odyssey

returned to the wreck site and

recovered

artifacts associated with the wreck site including a piece of glass that wil

be delivered

to the

Court for the purpose of arresting a portion of the vessel and its appurtenances. Odyssey
shall submit to the Court copies of the photo images and videotapes under seal and protective
order if the Court so requests.

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 territorial 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 , and Odyssey
has maintained actual, continuous and exclusive possession or occupancy of the wreck site to

the extent this is possible.

Odyssey is ready and

able to conduct operations to explore and

document the

shipwreck , consistent with archaeological protocols appropriate for this site , and to recover additional artifacts from the Unidentified Shipwrecked Vesse!.

Artifacts and objects recovered

from the vessel wil be turned over to the United

States Marshal for the Middle District of Florida or a substitute custodian appointed by the
Court for symbolic arrest in rem.

Odyssey s survey and recovery operation has been , and

wil continue

to be, conducted in accordance with all appropriate archaeological protocols as

appropriate for the site, and under direction of an experienced nautical archaeologist. Once

the recovery of artifacts begins, at the Court' s discretion, an artifact can be turned over to the

United States Marshal for

arrest

in rem.

Any artifacts recovered from the Unidentified
within

Shipwrecked Vessel wil be recovered under the jurisdiction of this Court and wil be
the actual and/or constructive possession of this Court or

its duly-appointed Substitute

Custodian during the pendency of this action.
This Court has in personam

jurisdiction over the Plaintiff. In addition , this Court has

or wil have during the

pendency of this action, jurisdiction over any potential claimant or

competing salvor by virtue of their contacts to this forum; the nature of the Plaintiffs
admiralty 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. This
Court' s exercise of jurisdiction over competing claimants and/or salvors is necessary to

prevent irreparable injury to, or destruction of the Unidentified Shipwrecked Vessel , to allow

the Plaintiff to continue its ongoing survey and recovery operations without interference; to

bring the recovered artifacts within this District; and to prevent destruction
actual and potential jurisdiction.

of this Court'

Plaintiff has invested substantial, money and effort

in locating, surveymg,

photographing and researching the history of the Unidentified Shipwrecked Vessel and in

planning and conducting
Shipwrecked Vesse!.

the physical recovery of

artifacts from the Unidentified

By way of its Complaint ,

the Plaintiff asserts possessory and ownership claim

pursuant to the Law of Finds. Plaintiff further asserts a salvage award claim pursuant to the

law of salvage along with a claim for injunctive relief to protect the recovery operation.

Lastly, Plaintiff asserts a declaratory judgment pursuant to 28 U.S.C.

2201(a) declaring that

the Plaintiff has the authority to explore and recover the Unidentified Shipwrecked Vessel
without the interference of any other salvor, claimant, agency, department or instrumentality
of any government,

domestic or foreign, and no other such entity has the power to grant

condition or deny the right of Plaintiff, Odyssey, to do so within the Defendant Site.

Rule E(4)(f), Supplemental

Rules for Certain Admiralty and Maritime Claims

entitles any person claiming an interest in the vessel to a prompt hearing.

WHEREFORE , Plaintiff, Odyssey Marine Exploration,
enter an order directing the Clerk to issue a warrant of arrest

Inc.

, requests this Court to
against the Unidentified

in rem

Shipwrecked Vessel , its apparel, tackle, appurtenances and cargo located within center point
coordinates provided the Court under seal.
DATED this

day of June, 2008.

s/ Allen von Spiegelfeld Allen von Spiegelfeld - FBN 256803
avonsPCffow lerwhite. com
Eric C.

Thiel- FBN 016267

ethielCffow lerwhi te. 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]

mmacconnelCfshipwreck. net

Attorneys for Plaintiff
(33C)