Great Lakes Exploration Group LLC v. Unidentified Wrecked and (For Salvage-Right Purposes), Abandoned Sailing Vessel, The

Filing 114

ORDER REGARDING ARREST WARRANT AND DISCLOSURE OF INFORMATION ; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, kcb)

G r e a t Lakes Exploration Group LLC v. Unidentified Wrecked and (For Sa...bandoned Sailing Vessel, The

D o c . 114

UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF MICHIGAN S O U T H E R N DIVISION

G R E A T LAKES EXPLORATION G R O U P LLC, P la in tif f , F ile No. 1:04-CV-375 v. H O N . ROBERT HOLMES BELL T H E UNIDENTIFIED, WRECKED, AND (FOR SALVAGE-RIGHT PURPOSES), A B A N D O N E D SAILING VESSEL, her ta c k le , apparel, appurtenances, cargo, etc., lo c a te d within a circle having a radius of 3.5 statute miles, whose center point is at c o o rd in a te s 45º 32.8' North latitude and 86º 41.5' West longitude, In Rem, D e f e n d a n t, v. M IC H IG A N DEPARTMENT OF ENVIRONMENTAL QUALITY AND MICHIGAN DEPARTMENT OF HISTORY, A R T S , AND LIBRARIES, In te rv e n o rs . / O R D E R REGARDING ARREST WARRANT AND DISCLOSURE OF INFORMATION In accordance with the Sixth Circuit opinion issued on April 22, 2008, and mandate is s u e d on May 14, 2008, I T IS HEREBY ORDERED that pursuant to Rule C(3)(a)(i) of the Supplemental

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R u le s for Admiralty or Maritime Claims the Court SHALL issue a CONDITIONAL W A R R A N T FOR THE ARREST of Defendant Unidentified, Wrecked, and (For SalvageR igh t Purposes), Abandoned Sailing Vessel, as further identified in paragraphs two, six, and s e ve n of Plaintiff Great Lakes Exploration Group LLC's second amended complaint (Dkt. N o . 60, Ex. 3). The Clerk of the Court SHALL forward a copy of the arrest warrant to the M a rs h a l. In consideration of the location and condition of Defendant, at the discretion of th e Marshal, Plaintiff SHALL assist the Marshal in the execution of the arrest warrant. The a rres t SHALL be valid if this warrant is executed within thirty days of issuance. If the arrest w a rra n t is not executed within thirty days of issuance, Plaintiff SHALL file a notice with th e Court explaining why the arrest warrant has not been executed. I T IS FURTHER ORDERED that upon the Marshal's execution of the arrest w a rran t the Court SHALL have jurisdiction over Defendant and no person SHALL seize, re m o v e , take physical possession of, or otherwise disturb Defendant without prior a u th o riza tion from the Court. I T IS FURTHER ORDERED that the Court's July 13, 2005, order concerning d o c u m e n ts filed under seal (Dkt. No. 44) SHALL remain in effect. Plaintiff MAY provide a d d itio n a l information about the location of Defendant to the Marshal. Any such disclosure S H A L L be made in conformance with the Court's July 13, 2005, order, and SHALL be trea te d as "filed under seal" in conformance with the Court's July 13, 2005, order. I T IS FURTHER ORDERED that within thirty days of the Marshal filing notice of

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t h e execution of the arrest warrant Plaintiff SHALL disclose to Intervenors Michigan D e p a rtm e n t of Environmental Quality and Michigan Department of History, Arts, and Lib ra ries the precise location of Defendant. Within thirty days of receiving Defendant's p re c is e location from Plaintiff, Intervenors SHALL certify their receipt of such information to the Court. Plaintiff and Intervenors are not obligated to file Defendant's precise location w ith the Court. I T IS FURTHER ORDERED that within ten days after execution of the arrest w a rra n t Plaintiff SHALL cause public notice of the action and arrest to be given for a period o f not less than five consecutive days in the Grand Rapids Press, Grand Rapids, Michigan, a n d the Marquette Mining Journal, Marquette, Michigan. The public notice SHALL set f o rth the court and docket number of this action, a general description of the nature of this a c tion , the fact of the arrest, and the requirement that any persons claiming any interest in th e in rem Defendant must file with the Clerk of the Court a verified claim within ten days a f te r the last day on which the public notice appears, and must file an answer within twenty d a ys after the filing of the claim.

D a te :

June 2, 2008

/s/ Robert Holmes Bell ROBERT HOLMES BELL C H IE F UNITED STATES DISTRICT JUDGE

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