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

Filing 57

MOTION to amend/correct Complaint with certificate of service by plaintiff Great Lakes Exploration Group LLC; (Attachments: # 1 Attachment Brief in Support# 2 Exhibit A Second Amended Complaint) (Robol, Richard) Modified on 9/22/2005 to add text (gjf).

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 SalvageRight Purposes), Abandoned Sailing Vessel, etc. Defendant, et al. ) ) ) Civil Action No. 1:04-CV-375 ) ) HON. ROBERT HOLMES BELL ) )

PLAINTIFF'S BRIEF IN SUPPORT OF MOTION TO FILE SECOND AMENDED COMPLAINT Plaintiff Great Lakes Exploration respectfully files this Brief in support of its motion to file the Second Amended Complaint attached as Exhibit 1. Where, as here, leave of Court is required to file an amended pleading, "leave shall be freely granted when justice so requires." Fed. R. Civ. P. 15(a). On balance, the interests of justice weigh in favor of permitting filing of Plaintiff's Second Amended Complaint. The Second Amended Complaint (1) expressly identifies the in rem Defendant by name, and (2) provides the location of the Defendant within an area of approximately 3 square nautical miles. The Second Amended Complaint provides greater specificity as to the description of the Defendant, and is substantially more specific than descriptions that have been upheld as sufficiently particularized by other courts adjudicating the exploration of shipwrecks. No person would be prejudiced by the filing. As of this date, no process has been issued, and no party has filed a responsive pleading.

CONCLUSION Accordingly, the Court should allow the filing of the Second Amended Complaint. Respectfully submitted, GREAT LAKES EXPLORATION GROUP LLC By:_//s// Richard T. Robol________ Of Counsel Richard T. Robol (OH- 0064345) ROBOL & WINKLER LLC 555 City Park Avenue Columbus, Oh 43215 Telephone: [phone] Facsimile: [phone] [e-mail] __//s// Roger Boer____________________ Of Counsel Roger Boer, Esq. 161 Ottawa Avenue N.W. Suite 600 Grand Rapids, MI 49503 Telephone. [phone] Facsimile: [phone]

ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE I hereby certify that on this 21st day of September, 2005, a copy of the foregoing was served by the Court's ECF system, via electronic mail upon all counsel of record. __//s// Richard T. Robol___________ Of Counsel

2