Odyssey Marine Exploration, Inc. v. Unidentified Shipwrecked Vessel

Filing 1

Odyssey Marine Exploration, Inc. v. Unidentified Shipwrecked Vessel

Doc. 1

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

CIVIL ACTION
Case No.

THE UNIDENTIFIED, SHIPWRECKED VESSEL, its apparel, tackle, appurtenances and cargo located within a 5 mile radius of the center point coordinates 52° 05' N, 13° 56'W, (the exact coordinates to be provided under seal at the Court's:
request), in rem

Defendant( s).

/

VERIFIED COMPLAINT IN ADMIRALTY IN REM
Plaintiff, Odyssey Marine Exploration, Inc. ("Odyssey"), by its undersigned counsel,

hereby asserts the following Complaint in rem against the Defendant Shipwrecked Vessel, its
apparel, tackle, appurtenances, and cargo (hereinafter, "Defendant Shipwrecked Vessel")
located within 5 miles of

the coordinates 52° 05' N, 13° 56'W.
THE

PARTIES

1. Odyssey is a Nevada corporation with its principal place of business at 5215

West Laurel St., Tampa, Florida 33607. Odyssey is engaged in the business of deep ocean
exploration and the recovery of shipwrecks around the world.

2. The Defendant Shipwrecked Vessel is believed to be the remains of a steel

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hulled vessel lying at a depth of approximately 400 meters in the North Atlantic Ocean
beyond the territorial waters or contiguous zone of any sovereign nation, approximately 375
miles from the entrance to the English ChanneL. Upon information and belief, no extant entity
or person presently claims any ownership interest in the Defendant Shipwrecked VesseL. The
value of

the Defendant Shipwrecked Vessel cannot be estimated at this time.
JURISDICTION AND VENUE
3. This is a case of admiralty and maritime jurisdiction stating a maritime claim

within the meaning of Rule 9(h) of the Federal Rules of Civil Procedure and Supplemental

Admiralty Rules C and D as hereinafter more fully appears. This Court has original

jurisdiction over this matter pursuant to 28 U.S.c. §§ 1331 and 1333. In addition, the Court
has constructive quasi in rem jurisdiction over the Defendant Shipwrecked VesseL.
4. Venue is proper in the Middle District of

Florida, Tampa Division, pursuant to

28 U.S.C. § 1391. Plaintiffs principal place of

business is located in this District, and

artifacts recovered from the Defendant Shipwrecked Vessel wil be brought within the
District during and after appropriate conservation and preservation efforts.
FACTS
5. Odyssey first located the site of the Defendant Shipwrecked Vessel in the fall
of 2008 using sonar and magnetometer equipment. Odyssey has undertaken a preliminary
survey of

the wreck site and has taken limited video and photographic images using a

surface-controlled remotely operated vehicle ("ROV").

6. The Defendant Shipwrecked Vessel rests on the sea floor at a depth of
approximately 400 meters, beyond the territorial waters or contiguous zone of any sovereign

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nation. The shipwreck's position is located in an area referred to herein as the "Salvage
Area" and is defined by the afore-mentioned centerpoint coordinates. Upon information and
belief, no other salvor is currently working on this site. To the best of Odyssey's knowledge,

no salvor has sought to protect an interest in the vessel through an arrest. Odyssey has
maintained actual, continuous, and exclusive possession or constructive occupancy of

the

wreck site to the extent this is possible.
7. The wreck site consists of

vessel remains and unidentified objects. Odyssey

believes that valuable cargo may be located at or near the site.
8. Odyssey has voluntarily and successfully obtained video and photographic

images of the Defendant Shipwrecked Vessel and has begun preliminary documentation of
the site. Odyssey is ready and able to conduct operations to recover artifacts from the

Defendant Shipwrecked Vessel, although it has done so only on a limited basis thus far.

Before undertaking recovery operations, Odyssey wil need to complete additional survey
operations to support the development of a safe and effective recovery plan.
9. Upon the filing of

this action, Odyssey intends to tum over to the United

States Marshal for the Middle District of Florida for symbolic arrest in rem a piece of wood
(hereinafter referred to as the "artifact") recovered from the Defendant Shipwrecked VesseL.
10. In addition to the artifact presented to the Cour, any further artifacts

recovered from the Defendant Shipwrecked Vessel wil be recovered under the jurisdiction of
this Court, and will be within the actual and/or constructive possession of

this Court or its

duly-appointed Substitute Custodian during the pendency of this action. It is noted that
artifacts recovered from the site may be turned over provisionally to the Receiver of Wreck

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in the appropriate jurisdiction if required by local law.
11. This Court has, or wil have during the pendency of this action, jurisdiction

over any potential claimant or competing salvor by virtue of its 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.

12. This Court's exercise of

jurisdiction over competing claimants and/or salvors
the Defendant Shipwrecked

is necessary to prevent irreparable injury to, or destruction of

Vessel; to allow the Plaintiff to continue to pursue its ongoing survey and recovery
operations without interference; to bring the recovered artifacts within this District; and to
prevent destruction of this Court's actual and potential

jurisdiction.

13. Odyssey, its agents and associates, have invested substantial time, money and
effort in locating, surveying and photographing the Defendant Shipwrecked Vessel, and are investing substantial resources in planning the physical recovery of artifacts from the
Defendant Shipwrecked VesseL.

14. Odyssey, its agents and associates, are actively, voluntarily and successfully
engaged in the process of reducing certain artifacts from the Defendant Shipwrecked Vessel

to the Plaintiffs exclusive custody, possession, dominion and control, as circumstances
permit, and Odyssey has the present ability and intention to continue to do so during the
pendency of this action.

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PLAINTIFF'S CLAIMS
COUNT

I

POSSESSORY AND OWNERSHIP CLAIM PURSUANT TO THE LAW OF FINDS
15. Plaintiff incorporates herein by reference, as though fully set forth herein, the

allegations set forth above in paragraphs 1 through 14.
16. This count arises under Supplemental Admiralty Rule D and general maritime

law.

17. The Plaintiff is, by virtue of its exclusive possession, dominion and control of
the Defendant Shipwrecked Vessel, in possession of

the Defendant Shipwrecked Vessel and

has taken such actions as are necessary to constitute continued possession, dominion and
control of the Defendant Shipwrecked VesseL.
18. As there is no apparent extant owner of the Defendant Shipwrecked Vessel or

its artifacts, Odyssey is entitled to an adjudication of title and ownership in the Defendant
Shipwrecked Vessel, and her artifacts, and the right to recover the Defendant Shipwrecked

Vessel and her artifacts without the interference of any other salvor, claimant, agency,
department or instrumentality of any governent, domestic or foreign.

COUNT II

SALVAGE A WARD CLAIM PURSUANT TO THE LAW OF SAL V AGE
19. Plaintiff incorporates by reference, as though fully set forth herein, the

allegations, set forth above in paragraphs 1 through 18.
20. This count arises under Supplemental Admiralty Rule C and the general

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maritime law as salvage services constitute a preferred maritime lien.
21. The Defendant Shipwrecked Vessel and her artifacts are subject to maritime

peril and are in an utterly helpless condition from which she could not be rescued without the voluntary and successful services of Odyssey, its agents and associates.
22. Plaintiff is under no legal obligation or official duty to render salvage services

to the Defendant Shipwrecked VesseL.
23. Plaintiffs voluntary services have been and wil continue to be successful in

rescuing and/or helping to rescue artifacts from the Defendant Shipwrecked Vessel in order

to investigate and research the wreck and to return the recovered portions thereof to the
stream of commerce from which they were lost.
24. Plaintiff, by virtue of services performed, the private risk capital expended,

the time spent and danger incurred in finding and recovering artifacts from the Defendant
Shipwrecked Vessel, and all other relevant factors, is entitled to a liberal salvage award for
such services.

COUNT II
DECLARATORY JUDGMENT
25. Plaintiff incorporates by reference, as though fully set forth herein, the

allegations set forth above in Paragraphs 1 through 24.
26. This is an action for a Declaratory Judgment pursuant to 28 U.S.C. § 2201

(a).

27. Defendant Shipwrecked Vessel is located on the submerged lands referred to
herein as the Salvage Area. This is an area located approximately 375 miles from the
entrance to the English Channel beyond the territorial waters or contiguous zone of any

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sovereign nation.

28. No governent has the authority to interfere with Odyssey's exploration
and/or recovery of

the Defendant Shipwrecked Vessel or to grant, condition or deny the right

of Odyssey to do so within the waters of the Atlantic Ocean, beyond the territorial sea or
contiguous zone of any sovereign nation; and the Defendant Shipwrecked Vessel is subject to
the admiralty laws of abandonment and the law of finds or the maritime law of salvage.
PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for relief as follows:
(a) that a Declaratory Judgment issue that the Defendant Shipwrecked Vessel is

subject to the admiralty laws of abandonment and the law of finds or the maritime law of
salvage.
(b) that a Declaratory Judgment issue that no government has the jurisdiction or

authority to interfere with exploration for and/or recovery of

the Defendant Shipwrecked

Vessel, or to grant, condition or deny the right of Odyssey to do so within the waters of the
Atlantic Ocean, beyond the territorial sea or contiguous zone of any sovereign nation.
(c) that Odyssey be adjudged the true, sole and exclusive owner of

the Defendant

Shipwrecked Vessel and any items recovered therefrom;
(d) in the alternative, should any claimant other than Odyssey be adjudged the

owner of the Defendant Shipwrecked Vessel or any items recovered therefrom, that Odyssey be awarded a liberal salvage award, with the amount and/or composition of such award as
may be determined by this Court pursuant to the law of salvage;

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(e) that Odyssey be adjudged as having the sole and exclusive right to conduct

recovery operations on the Defendant Shipwrecked Vessel, to preserve any artifacts
recovered from the Defendant Shipwrecked Vessel as either salvor-in-possession or finderin-possession, without the interference of other third parties; and
(f) that process in rem and/or quasi in rem and a Warrant of Arrest may issue in

due form of law, in accordance with the practice of this Honorable Court in causes of
admiralty and maritime jurisdiction against the aforesaid Defendant Shipwrecked Vessel, and/or artifacts recovered from the Defendant Shipwrecked Vessel, with notice to be posted

on the shipwreck to all persons claiming an interest in Odyssey's ongoing recovery
operations, to appear and answer this Complaint and to show cause as to why the artifacts

recovered from the Defendant Shipwrecked Vessel by Odyssey and its associates should not
be:
(i) delivered to Odyssey as the sole and exclusive owner of said artifacts;

or
(ii) alternatively, appropriately transferred in satisfaction of any judgment

in favor of Odyssey for a salvage award; and

(g) that Odyssey may have such other and further relief as the justice of this cause
may require.

Dated: November 5, 2008

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Respectfully submitted,

¿?

Carl R. Nelson-FB 0280186
Email: cnelson(Ðfowlerwhite.com

FOWLER WHITE BOGGS P.A. 501 E. Kennedy Blvd., Suite 1700 Tampa, Florida 33602
Phone: [phone]

Facsimile: [phone]
-and-

Melinda J. MacConnel-FBN 871151
Email: mmacconnel(Ðshipwreck.net

Odyssey Marine Exploration, Inc. 5215 West Laurel Street Tampa, FL 33607
Phone: [phone], ext. 2240
Fax: [phone]

Attorneys for Plaintiff
40502369v!

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VERIFICATION

STATE OF FLORIDA )
)

COUNTY HILLSBOROUGH )
Before me, the undersigned authority, personally appeared this day, Melinda J.

MacConnel, Vice President / General Counsel, Odyssey Marine Exploration, Inc., who is personally known to me, and who was duly sworn and says that she has read the foregoing Complaint and is familiar with its co nts which are t e to the best of her' ormation and

belief. Jc

",c L

(Signature) (Printed Name) (Title)

SWORN TO AND SUBSCRIBED before me this S-"f day of

November, 2008.

)ota.y~¡ s~rida p N r Public,
at Large
NOTARY PUBUC-STA OF FLRIDA

~ Valeria Terr
Commission # DD452602
Exires: JU 19, 2009 Bonded Th Atlantic: Bonc1g Co., lnr.

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