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

Filing 121

ORDER denying 116 plaintiff's motion to appoint substitute custodian; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, kcb)

Great Lakes Exploration Group LLC v. Unidentified Wrecked and (For Sa...bandoned Sailing Vessel, The

Doc. 121

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 . / ORDER T h is matter is before the Court on Plaintiff Great Lakes Exploration Group LLC's m o tio n to be appointed substitute custodian. (Dkt. No. 116.) Intervenors Michigan

D e p a rtm e n t of Environmental Quality and Michigan Department of History, Arts, and Lib ra ries oppose the appointment of Plaintiff as substitute custodian. (Dkt. No. 117.)

Dockets.Justia.com

P la in tif f 's motion was premised on the appointment of a substitute custodian being n e c e s s a ry to effect the arrest of Defendant as ordered by the Court's June 2, 2008, order. O n July 1, 2008, the Marshal was able to arrest a piece of Defendant. According to the re tu rn of service filed with the Court, Defendant was arrested as follows: T h e arrest of the sunken vessel will be affected [sic] by arresting a piece of w o o d (approximately 2" X 1") previously removed from the sunken vessel by th e Plaintiff. This method of arrest has been approved by Lucy Roberts, O f f ic e of General Counsel, USMS Headquarters. Plaintiff, Steven Libert[ 1 ] w ill present this piece of wood to USMS on July 1, 2008 at 9:30 a.m. The p ie c e of wood will then be promptly transported by the USMS to a designated stora ge facility. (D k t. No. 119, Process Receipt - Arrest Warrant.) The Marshal is in possession of a piece o f Defendant and the arrest has been effected. Hence, the appointment of a substitute c u s to dia n is unnecessary. Therefore, I T IS HEREBY ORDERED that Plaintiff Great Lakes Exploration Group LLC's m o tio n to be appointed substitute custodian (Dkt. No. 116) is DENIED.

D a te :

July 16, 2008

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

1

Steven Libert is Plaintiff's agent. (Dkt. No. 102, 08/21/2006 Op. 6 n.3.) 2