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

Filing 149

ANSWER to Amended Complaint 124 by Republic of France(Robol, Richard)

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

Doc. 14

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN Northern Division GREAT LAKES EXPLORATION GROUP LLC Plaintiff, v. The Unidentified, Wrecked and (For Salvag eRight Purposes), Abandoned Sailing Vessel, etc. Defendant, et al. ) ) ) ) Civil Action No. 1:04 -CV-375 ) ) HON. ROBERT HOLMES BELL ) )

ANSWER OF THE REPUBLIC OF FRANCE AS OWNER OF LE GRIFFON Pursuant to Supplemental Rule C, Fed. R. Civ. P., the Republic of France, by counsel, respectfully files its Answer to the Second Amended Complaint, as the owner of Le Griffon, her hull, tackle, apparel, appurtenances, cargo, etc. , alleging as follows: 1. 2. Admitted. Claimant is without sufficient knowledge to admit or deny the allegations of

P aragraph 2, accordingly denies the same and calls for strict proof thereof, save that in accordance with the principles, customs, and usages of international law, the general maritime law, and the laws of the United States and France, Claimant respectfully states that (1) it is the owner of the shipwreck of Le Griffon ; (2) it has not abandoned its interests in Le Griffon; and (3) the Republic of France maintains its interests in Le Griffon as a sovereign vessel of the Crown of France, performing sovereign functions at the time of her loss, including as a vessel of exploration and warship on behalf of the Crown. 3. Claimant is without sufficient knowledge to admit or deny the allegations of

Paragraph 3, accordingly denies the same and calls for strict proof thereof.

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4.

Claimant admits that it desires a thor ough, careful and historically sound

investigation of the Defendant target to corroborate or refute whether it is Le Griffon; that it does not object to such an investigation provided that it is carried out in accordance with the foregoing criteria and in accordance with good and standard principles of underwater scientific, historical and archaeological investigation, and further provided that such action shall be conducted in a manner that is not inconsistent with the claim of the Republic of France as the owner of Le Griffon. 5. Admitted, and in accordance with the principles, customs, and usages of

international law, the general maritime law, and the laws of the United States and France, Claimant respectfully states that (1) it is the owner of the shipwreck of Le Griffon; (2) it has not abandoned its interests in Le Griffon ; and (3) the Republic of France maintains its interests in Le Griffon as a sovereign vessel of the Crown of France, performing sovereign functions at the time of her loss, including as a vessel of exploration and warship on behalf of the Crown. 6. The characteristics of the vessel at the time of the sinking are admitted, but

Claimant is without sufficient knowledge to admit or deny the other allegations of Paragraph 6, accordingly denies the same and calls for strict proof thereof. 7. Claimant admits that Le Griffon is a unique shipwreck of great cultural, historic

and other value, but is without sufficient knowledge to admit or deny the other allegations of Paragraph 7, accordingly denies the same and calls for strict proof thereof. 8. The allegations of Paragraph 8 contain allegations of law, to which no response is

required, and accordingly are denied.

9.

Claimant is without sufficient knowledge to admit or deny the allegations of

Paragraph 9, accordingly denies the same and calls for strict proof thereof. 10. Claimant is without sufficient knowledge to admit or deny the allegations of

Paragraph 10, accordingly denies the same and calls for strict proof thereof. 11. Claimant is without sufficient knowledge to admit or deny the allegations of

Paragraph 11, accordingly denies the same and calls for strict proof thereof. 12. Claimant is without sufficient knowledge to admit or deny the allegations of Paragraph 12, accordingly denies the same and calls for strict proof thereof, save that in accordance with the principles, customs, and usages of international law, the general maritime law, and the laws of the United States and France, Claimant respectfully states that (1) it is the owner of the shipwreck of Le Griffon ; (2) it has not abandoned its interests in Le Griffon; and (3) the Republic of France maintains its interests in Le Griffon as a sovereign vessel of the Crown of France, performin g sovereign functions at the time of her loss, including as a vessel of exploration and warship on behalf of the Crown. 14. Claimant is without sufficient knowledge to admit or deny the allegations of

Paragraph 14, accordingly denies the same and calls for strict proof thereof. 15. Claimant incorporates herein by reference its responses to paragraphs 1-14 of this

Answer. 16. Claimant is without sufficient knowledge to admit or deny the allegations of

Paragraph 16, accordingly denies the same and calls for s trict proof thereof, save that in accordance with the principles, customs, and usages of international law, the general maritime law, and the laws of the United States and France, Claimant respectfully states that (1) it is the owner of the shipwreck of Le Griffon ; (2) it has not abandoned its

interests in Le Griffon; and (3) the Republic of France maintains its interests in Le Griffon as a sovereign vessel of the Crown of France, performing sovereign functions at the time of her loss, including as a vessel of exploration and warship on behalf of the Crown. 17. The allegations of Paragraph 17 contain allegations of law, to which no response

is required, and accordingly are denied. 18. Claimant incorporates herein by reference its responses to paragraphs 1-17 of this

Answer. 19. Claimant is without sufficient knowledge to admit or deny the allegations of

Paragraph 19, accordingly denies the same and calls for strict proof thereof. 20. Claimant is without sufficient knowledge to admit or deny the allegations of

Paragraph 20, accordingly denies the same and calls for strict proof thereof, save that in accordance with the principles, customs, and usages of international law, the general maritime law, and the laws of the United States and France, Claimant respectfu lly states that (1) it is the owner of the shipwreck of Le Griffon ; (2) it has not abandoned its interests in Le Griffon; and (3) the Republic of France maintains its interests in Le Griffon as a sovereign vessel of the Crown of France, performing sovereign functions at the time of her loss, including as a vessel of exploration and warship on behalf of the Crown. 21. 22. Admitted. Claimant is without sufficient knowledge to admit or deny the allegations of

Paragraph 22, accordingly denies the same and calls for strict proof thereof. 23. Claimant is without sufficient knowledge to admit or deny the allegations of

Paragraph 23, accordingly denies the same and calls for strict proof thereof.

24.

The allegations of Paragraph 24 contain allegations of law, to whi ch no response

is required, and accordingly are denied. 25. Claimant incorporates herein by reference its responses to paragraphs 1-24 of this

Answer. 26. The allegations of Paragraph 24 contain allegations of law, to which no response

is required, and accordingly are denied. 27. Claimant is without sufficient knowledge to admit or deny the allegations of

Paragraph 27, accordingly denies the same and calls for strict proof thereof. 28. Claimant incorporates herein by reference its responses to paragraphs 1-27 of this

Answer. 29. Claimant is without sufficient knowledge to admit or deny the allegations of Paragraph 29, accordingly denies the same and calls for strict proof thereof. 30. Claimant is without sufficient knowledge to admit or deny the allegations of

Paragraph 30, accordingly denies the same and calls for strict proof thereof. AND, IN FURTHER ANSWERING, without waiving limiting or qualifying the defenses aforesaid, and in addition thereto, Claimant respectfully states that it reserves the right to assert any and all defenses that may be determined in the course of its investigation and discovery of this matter , and in accordance with the principles, customs, and usages of international law, the general maritime law, and the laws of the United States and France, Claimant respectfully states that (1) it is the owner of the shipwreck of Le Griffon; (2) it has not abandoned its interests in Le Griffon ; and (3) the Republic of France maintains its interests in Le Griffon as a sovereign vessel of the Crown of France, performing sovereign functions at the time of her loss, including as a

vessel of exploration and warship on behalf of the Crown; and that the Republic of France enjoys and reserves all rights, privileges, powers and defenses associated with its capacity as the sovereign owner of Le Griffon. WHEREFORE, having fully answered, the Republic of Fr ance respectfully prays that that it be accorded all its rights, privileges, powers and defenses associated with its capacity as the sovereign owner of Le Griffon , and such other relief that is just in the premises and is not inconsistent with its Claim herein. Respectfully submitted, /s/ Richard T. Robol Richard T. Robol (0064345) ROBOL LAW OFFICE, LLC 433 West Sixth Avenue Columbus, Ohio 43201 (61 4) 737-3739 Attorney for the Republic of France

CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing was filed electronically and served electronically on all counsel of record via the Court's ECF system this 10th day of February, 2009. /s/ Richard T. Robol Richard T. Robol