SEA HUNTERS LP v. UNIDENTIFIED WRECKED AND ABANDONED VESSEL

Filing 62

PROCEDURAL ORDER & REPORT OF CONFERENCE By JUDGE GEORGE Z. SINGAL. (lrc)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
SEA HUNTERS, LP,
Plaintiff,
v.
THE UNIDENTIFIED, WRECKED &
ABANDONDED VESSEL,

In Rem Defendant.

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) Docket no. 2:08-cv-272-GZS
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PROCEDURAL ORDER & REPORT OF CONFERENCE

On June 25, 2012, the Court held a conference of counsel. Attorneys Guy Burnette,
David Horan and Marshall Tinkle appeared for Plaintiff Sea Hunters, LP. Additionally, Greg
Brooks and Robert Muller appeared as representatives of Plaintiff Sea Hunters, LP. Attorneys
Timothy Shusta and Michael Kaplan appeared for Claimant Secretary of State for Transport of
the United Kingdom (“UK DfT”).
The purpose of the conference was to determine how to move this case forward in an
expeditious manner and address any issues related to the Court’s subject matter jurisdiction.
After hearing from both sides, the Court will await the filing of a responsive pleading by UK
DfT on or before July 16, 2012. If UK DfT chooses to file a motion, the Court will allow full
briefing on that motion and take it under advisement once that briefing in complete.

As

discussed with the parties, the Court expects that the parties will both be prepared to complete
discovery on the preliminary issue of identification of the vessel within 180 days of the Court
issuing a scheduling order. In the absence of a request from the parties that a scheduling order
issue sooner, the Court anticipates issuing a scheduling order upon receipt of UK DfT’s

responsive pleading or upon filing its decision on any initial motion, assuming that the decision
does not dispose of the case.
Counsel indicated that they would be meeting to exchange informal discovery. The
Court encourages these efforts. To the extent that both sides expressed concern regarding the
confidentiality of any discovery, the Court directed the parties to consider and review the Court’s
form confidentiality order. The parties are free to request that the Court enter a confidentiality
order pursuant to Local Rule 26(d). To aid the parties in their informal discovery efforts, the
parties are free to request a confidentiality order prior to the entry of any formal scheduling
order.
After discussion, the Court directed the parties to confer regarding issues of security and
protocols for upcoming salvage trips. Plaintiff has agreed that it will allow UK DfT to inspect
salvaged items without any further specific order from the Court. In the absence of either side
filing a motion, the Court will assume that UK DfT is receiving reasonable notice of any newly
salvaged items and an adequate opportunity to view and inspect those items.
Plaintiff shall continue to file regular status reports regarding its ongoing salvage
operations. The next status report shall be filed no later than January 4, 2013. The status report
shall include an inventory of all salvaged items Plaintiff is maintaining in its role of substitute
custodian.
SO ORDERED.
/s/ George Z. Singal
United States District Judge
Dated this 25th day of June, 2012.

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