Odyssey Marine Exploration, Inc. v. The Unidentified, Wrecked and Abandoned Sailing Vessel

Plaintiff Odyssey Marine Exploration, Inc. filed a complaint in rem against Defendant Unidentified, Wrecked and Abandoned Sailing Vessel. Plaintiff alleged that it located Defendant, a cannon wreck of the Colonial period lying within the English Channel at a depth of less than 200 meters between 25 and 40 miles from the Coast of the United Kingdom and beyond the territorial waters or continguous zone of any sovereign nation.
Plaintiff:Odyssey Marine Exploration, Inc.
Defendant:The Unidentified, Wrecked and Abandoned Sailing Vessel
 
Case Number:8:2008cv01044
Filed:May 29, 2008
 
Court:Florida Middle District Court
Office:Contract: Marine Office [ Court Info ]
County:Hillsborough
Presiding Judge:Judge Steven D. Merryday
Referring Judge:Magistrate Judge Thomas B. McCoun III
 
Nature of Suit:Contract - Marine
Cause:Federal Question
Jurisdiction:Federal Question
Jury Demanded By:28:1333 Admiralty
Date Filed # Docket Text
May 30, 2008 1 COMPLAINT against The Unidentified, Wrecked and Abandoned Sailing Vessel (Filing fee $ 350 receipt number T046245) filed by Odyssey Marine Exploration, Inc..(LYB) (Entered: May 30, 2008)
June 2, 2008 2 NOTICE of designation under Local Rule 3.05 - track 2. Signed by deputy clerk on 6/2/2008. (TKD) (Entered: June 2, 2008)
June 18, 2008 3 MOTION for issuance of warrant in rem by Odyssey Marine Exploration, Inc.. (Von Spiegelfeld, Allen) Motions referred to Magistrate Judge Thomas B. McCoun III. (Entered: June 18, 2008)
June 19, 2008 4 ORDER granting 3 Motion for issuance of warrant in rem. The clerk is directed to issue a warrant of arrest.. Signed by Magistrate Judge Thomas B. McCoun III on 6/19/2008. (AG) (Entered: June 19, 2008)
June 19, 2008 6 MOTION to appoint custodian (Substitute Custodian) by Odyssey Marine Exploration, Inc.. (Von Spiegelfeld, Allen) Motions referred to Magistrate Judge Thomas B. McCoun III. (Entered: June 19, 2008)
June 19, 2008 7 CONSENT and indemnification agreement for appointment of substitute custodian.. (Von Spiegelfeld, Allen) (Entered: June 19, 2008)
June 19, 2008 8 AFFIDAVIT of Melinda J. MacConnel re: 6 MOTION to appoint custodian (Substitute Custodian) by Odyssey Marine Exploration, Inc.. (Von Spiegelfeld, Allen) (Entered: June 19, 2008)
June 19, 2008 9 MOTION for preliminary injunction and Memorandum of Law in Support by Odyssey Marine Exploration, Inc.. (Von Spiegelfeld, Allen) (Entered: June 19, 2008)
June 19, 2008 10 ORDER granting 6 Motion to appoint substitute custodian. Signed by Magistrate Judge Thomas B. McCoun III on 6/19/2008. (AG) (Entered: June 20, 2008)
June 24, 2008 11 WARRANT to arrest vessel returned executed 06/24/08. (AG) (Entered: June 26, 2008)
September 5, 2008 12 ORDER designating Magistrate Judge Mark A. Pizzo to this matter in place of Magistrate Judge Thomas B. McCoun, III. Signed by Judge Steven D. Merryday on 9/5/2008. (BK) (Entered: 09/05/2008)
September 8, 2008   Case Reassigned to Magistrate Judge Mark A. Pizzo. New case number: 8:08-cv-1044-T-23MAP. Magistrate Judge Thomas B. McCoun III no longer assigned to the case. (AG) (Entered: September 8, 2008)
September 10, 2008 13 ORDER referring to Magistrate Judge Mark A. Pizzo for a report and recommendation, if granted, or for disposition, if denied: 9 --motion for preliminary injunction by Odyssey Marine Exploration, Inc. Signed by Judge Steven D. Merryday on 9/10/2008. (BK) (Entered: September 10, 2008)
September 10, 2008 14 ORDER denying without prejudice 9 Motion for preliminary injunction. See order for details. Signed by Magistrate Judge Mark A. Pizzo on 9/10/2008. (JMF) (Entered: September 10, 2008)
December 12, 2008 15 NOTICE of change of address by Allen K. Von Spiegelfeld (Von Spiegelfeld, Allen) (Entered: December 12, 2008)
January 14, 2009 16 MOTION for approval of Notice of Action in Rem and Arrest for publication by Odyssey Marine Exploration, Inc. (Attachments: # 1 Exhibit Notice of Action in Rem and Arrest, # 2 Text of Proposed Order Granting Motion to Approve Notice of Action in Rem and Arrest)(Von Spiegelfeld, Allen) (Entered: January 14, 2009)
January 15, 2009 17 ORDER referring to Magistrate Judge Mark A. Pizzo for disposition: 16 --motion by Odyssey Marine Exploration, Inc., for approval of notice of action in rem and arrest. Signed by Judge Steven D. Merryday on 1/15/2009. (BK) (Entered: January 15, 2009)
January 20, 2009 18 ORDER granting 16 Motion to approve notice of action in rem and arrest. See Order for details. Signed by Magistrate Judge Mark A. Pizzo on 1/20/2009. (AGG) (Entered: January 20, 2009)
February 9, 2009 19 PROOF OF PUBLICATION filed by Odyssey Marine Exploration, Inc.. Newspaper: Tampa Tribune and London Times Date(s) of publication January 23, 2009. (Attachments: # 1 Exhibit A - Affidavit of Tampa Tribune, # 2 Exhibit B - Affidavit of London Times)(Von Spiegelfeld, Allen) (Entered: February 9, 2009)
July 29, 2009 20 MOTION for entry of clerk's default against The Unidentified, Wrecked and Abandoned Sailing Vessel by Odyssey Marine Exploration, Inc.. (Attachments: # 1 proposed clerk's default)(Von Spiegelfeld, Allen) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: July 29, 2009)
July 30, 2009 21 CLERK'S ENTRY OF DEFAULT as to The Unidentified, Wrecked and Abandoned Sailing Vessel and all claimants who failed to plea or otherwise defend. (AG) (Entered: July 30, 2009)
December 29, 2009 22 ORDER TO SHOW CAUSE as to Odyssey Marine Exploration, Inc. On or before Friday, January 8, 2010, the plaintiff shall show cause in writing why this case should not be dismissed for failure to prosecute pursuant to Local Rule 3.10. Signed by Judge Steven D. Merryday on 12/29/2009. (TKD) (Entered: December 29, 2009)
December 29, 2009 23 MOTION for default judgment against The Unidentified, Wrecked and Abandoned Sailing Vessel by Odyssey Marine Exploration, Inc.. (Von Spiegelfeld, Allen) (Entered: December 29, 2009)
December 30, 2009 24 ORDER denying without prejudice 23 --motion for default judgment. Signed by Judge Steven D. Merryday on 12/30/2009. (BK) (Entered: December 30, 2009)
January 8, 2010 25 MOTION for leave to file under seal and Memorandum of Law in Support by Odyssey Marine Exploration, Inc.. (Von Spiegelfeld, Allen) (Entered: January 8, 2010)
Docket Report Last Checked: February 7, 2010 18:31:52 PST
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Plaintiff: Odyssey Marine Exploration, Inc.
Represented By: Melinda Joy MacConnel, Eric Christopher Thiel, Allen K. Von Spiegelfeld
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Defendant: The Unidentified, Wrecked and Abandoned Sailing Vessel
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