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

Filing 76

MOTION to dismiss (renewed) by intervenor parties Michigan Department of Environmental Quality, Michigan Department of History, Arts and Libraries; (Piggush, James)

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

Doc. 76

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 Salvage-Right Purposes), Abandoned Sailing Vessel, her tackle, apparel, appurtenances, cargo, etc. located within a circle having a radius of 3.5 statute miles, whose center point is at coordinates 45° 32.8' North latitude and 86° 41.5' West longitude, In Rem Defendant. and MICHIGAN DEPARTMENT OF HISTORY, ARTS AND LIBRARIES AND MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY, Intervening Defendants ______________________________________________________________________________ James R. Piggush Richard Thomas Robol Assistant Attorney General Robol & Winkler LLC Environment, Natural Resources, 555 City Park Avenue and Agriculture Division Columbus, OH 43215 614/559-3846 P.O. Box 30755 Lansing, MI 48909 Roger W. Boer 517/373-7540 Roger W. Boer, LLC 161 Ottawa Avenue, NW Grand Rapids, MI 49503 616/235-3500 ______________________________________________________________________________ RENEWED MOTION TO DISMISS Civil Action No. 1:04-CV-375 HON. ROBERT HOLMES BELL

Dockets.Justia.com

Now come Intervenors, Michigan Department of History, Arts and Libraries and the Michigan Department Of Environmental Quality, by their attorneys, Michael A. Cox, Attorney General and James R. Piggush, Assistant Attorney General and renew their motion to dismiss (Docket #15) pursuant to Fed R Civ P 12(b)(1), for the reason that Plaintiff has failed to show the in rem admiralty jurisdiction of this court, as more fully set forth in the Brief filed in support of this motion and as supported by the materials referred to in that brief. Respectfully submitted, Michael A. Cox Attorney General /s/ James R. Piggush (P29221) Assistant Attorney General Environment, Natural Resources, and Agriculture Division P.O. Box 30755 Lansing, MI 48909 517/373-7540 Dated: November 17, 2005
s:nrd/ac/cases/open/great lakes exploration/renewed motion to dismiss

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