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

Filing 9

BRIEF in support of 8 Motion to Intervene filed by Michigan Department of Environmental Quality, michigan department of history, arts and libraries (Attachments: # 1 Proposed Order Granting Motion to Intervene# 2 Proposed Document Motion to Dismiss# 3 Proposed Document Affidavit of Wayne Lusardi# 4 Proposed Document Lusardi Exhibit A# 5 Proposed Document Brief in Support of Motion to Dismiss# 6 Proposed Document Order of Dismissal# 7 Proposed Document Affidavit of Thomas Graf# 8 Proposed Document Graf Exhibit A) (Piggush, James)

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 ______________________________________________________________________________ ORDER OF DISMISSAL Intervenors Michigan Department of History, Arts and Libraries and the Michigan Department of Environmental Quality has filed their Motion to Dismiss this action pursuant to Fed. R. Civ. P 12(b)(1), and it appearing to the Court that Plaintiff has yet to file a complaint that complies with the requirements of Fed. R. Civ. P. Suppl E(2) for failing to adequately identify the vessel and location of the purported wreck, and, it appearing to the Court, according to the Civil Action No. 1:04-CV-375 HON. ROBERT HOLMES BELL

allegations of the complaint and the evidence submitted to the Court, that it would be futile to allow additional amendment in that the alleged vessel is the property of the State of Michigan, not subject to salvage and may not be reduced to the exclusive custody, control, possession or dominion of the Plaintiff or recovered, altered or destroyed, except as authorized by the State of Michigan, and the Court lacking jurisdiction in the absence of an arrest, NOW THEREFORE IT IS ORDERED that Plaintiff's action is dismissed, with prejudice.

Honorable _____________________________ Robert Holmes Bell U. S. District Judge Dated: __________________, 2004
s:nrd/ac/cases/open/great lakes exploration 04ag/order of dismissal

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