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

Filing 8

AFFIDAVIT of Melinda J. MacConnel re: 6 MOTION to appoint custodian (Substitute Custodian) by Odyssey Marine Exploration, Inc.. (Von Spiegelfeld, Allen)

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

Doc. 8

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

Plaintiff

: CIVIL ACTION

Case No. : 8:0R-cv 01045- RAL- MAP

THE UNIDENTIFIED, WRECKED AND (FOR FINDERS RIGHT PURPOSES) ABANDONED SAILING VESSEL , if any, itsappar I, tackle appurtenances and cargo locatecl within center point coordinates: to be provided the Cbtntunder seal at. the Court' s request tb
in rem
Defendant( s).

MOTION

FOR APPOINTMENT

AFFIDAVIT IN SUPPORT OF AS SUBSTITUTE CUSTODIAN
address is

My full name is Melinda J. MacCoillel. My legal

5215 West

Lamel Street , Suite 210 , Tampa, Florida, 33607. J al11 cOh1petentto testify and have personal

knowledge as to the matters covered in this affdavit.

I have served as General Counsel of Plaintiff: Odyssey Marine Exploration
Inc. (hereinafter refetted. to as " OdysSeY ), for apprOXi111ately
Odyssey is
DefCl1dal1t Site.

two (2) years.

fully qualified to serve as the

Substifute

Custodian of the

Odyssey has had many yeats of experiencein the stabilization, conservation
;;l1envirofilent$. SlIch objects

and curation of objects. and artifacts recovered frCJrnCJc
arifacts quickly degrade

and

unless. ptoperly conserved. . 11: is necessarY

also for purposes

Dockets.Justia.com

fulfllng the appropriate archaeological protocols for a

site such as this Colonia1 period

wreck that proper conservafionof objects be performed.

Odyssey agrees to assUhle
arifacts from the

the responsibilty of saJekeeping all salvaged

Defendant Site.

This includes,

not only the proper stabilization

conservation andcuration of o1:jects and artifacts recovered l' tom the site, but also the
requited cataloguing ahd.tecotdil1g of data fot slich objects and artifacts.

Odyssey has adequate liabilty insurance to respond to damages for loss of or
injury to the said artifacts during its custody or for damages sustained by thii'd parties due to
the negligence of Odyss y, its employees or ageI1ts
cOUlrnitted dUtitlgcllstodY.

AIJ costs and expenses incidental to keeping the artifa.ctsare tQ be assumed by
Odyssey, and Odyssey understands
that the United

States Marshal does not aSSUTl1e any
incidental to

liability for any acts of the substitute .cuswdiah Qr any costs incU,Ted
court-appointed custodianship.

this

Odyssey agrees to act as Substitute Custodian until further order of the Court.
FURTHER AFFIANT SAITH NOT.

Melin a J. MacConnel
(TYPED NAtVlED)

...,,

.-"

STATE OF FLORIDA

COUNTY HILLSBOROUGH Before me, the undersigned authority, personally appeared this day Melinda J. MacConnel , who is personally known to me, and who was duly sworn and says that the
foregoing is true and correct to the best of her infornlation and belief.

SWORN TO AND SUBSCRII3EDb

fore I1

this

day of June, 2008.

NQt rYPllblic , Sta e of Florida at Large

"I u..,.,- it

'.. ti...... I .....ii".. BETSYW MARRERO

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