BDJ Discovery Group v. Shipwrecked Vessel

Plaintiff BDJ Discovery Group, LLC sued Defendant shipwrecked vessel located in the waters of the Atlantic Ocean approximately 12 miles off the Coast of North Carolina. Plaintiff alleged that the vessel has been lost, wrecked and abandoned beneath the navigable waters of the Atlantic Ocean since it sunk in the 18th Century.
 
Case Number:4:2005cv00122
Filed:September 23, 2005
 
Court:North Carolina Eastern District Court
Office:Eastern Division Office [ Court Info ]
Presiding Judge:Judge James C. Dever III
 
Nature of Suit:Real Property - All Other Real Property
Cause:28:1333 Admiralty
Jury Demanded By:None
Date Filed # Docket Text
September 23, 2005 1 Complaint in Rem filed - admiralty and maritime claim. (ai) (Entered: September 27, 2005)
September 23, 2005 Filing Fee Paid; FILING FEE $ 250.00 RECEIPT # 049265 (ai) (Entered: September 27, 2005)
September 23, 2005 Summons(es) issued for Shipwrecked Vessel (ai) (Entered: September 27, 2005)
September 23, 2005 2 Motion by BDJ Discovery Group for order appointing substitute custodian (ai) (Entered: September 27, 2005)
September 23, 2005 3 Affidavit by BDJ Discovery Group Re: [2-1] motion for order appointing substitute custodian (ai) (Entered: September 27, 2005)
September 23, 2005 4 Order granting [2-1] motion for order appointing substitute custodian signed by U.S. District Court Judge James Dever. OB Ref: (ai) Modified on 3/10/2008 to supplement the docket: It is ORDERED that the substitute custodian is ordered to file an accurate accounting of all items removed from the shipwreck with this Court on a monthly basis. Said accountings may be filed under seal pursuant to the Local Rules of Practice and Procedure for the Eastern District of North Carolina, Rule 79.2.(Deputy Clerk - JAR ). (Entered: September 27, 2005)
September 23, 2005 5 Motion by BDJ Discovery Group for order authorizing clerk to issue process of arrest. (issuance of admiralty warrant) (ai) (Entered: September 27, 2005)
September 23, 2005 6 Order granting [5-1] motion for order authorizing clerk to issue process of arrest. (issuance of admiralty warrant) signed by U.S. District Judge James Dever. OB Ref: (ai) (Entered: 09/27/2005)
September 23, 2005 Issuance of warrant to arrest vessel as to Shipwrecked Vessel (ai) (Entered: September 27, 2005)
September 23, 2005 (ai) (Entered: September 27, 2005)
September 23, 2005 7 Stipulation for costs by BDJ Discovery Group. Cash bond $250.00 receipt #049264 (ai) (Entered: September 27, 2005)
September 29, 2005 8 Return of service executed 9/23/05 as to Arrest Several Artifacts from Said Vessel (Unidentified Shipwrecked Vessel) by USMService (bb) (Entered: September 29, 2005)
October 26, 2005 9 SERVICE by Publication in the News and Observer Last publication date 10/7/05. (Deputy Clerk, BB) (Entered: October 26, 2005)
February 9, 2006 Remark: Case submitted to Judge Dever for review and for further instructions. (Deputy Clerk, L. Ruffin) (Entered: February 9, 2006)
February 21, 2006 10 ORDER: The Pltf's substitute custodian is hereby ORDERED to file monthly accountings, with the accountings due on the 1st of each month. The Pltf is also ORDERED to provide the court with a general status report on this case. This general status report shall be due on March 1, 2006. Signed by Judge James C. Dever III on 2/21/2006. (Deputy Clerk, L. R.) (Entered: 02/21/2006)
March 1, 2006 11 STATUS REPORT by BDJ Discovery Group, LLC. (Weeks, Stevenson) (Entered: March 1, 2006)
March 1, 2006 Remark: Copy of the Status Report submitted to chambers. (Deputy Clerk, LR) (Entered: March 1, 2006)
May 10, 2006 12 SEALED-NOTICE by BDJ Discovery Group, LLC - Monthly Accounting (Deputy Clerk, SDF) (Entered: May 18, 2006)
June 13, 2006 13 SEALED/NOTICE-Monthly Accounting Report for May 2006 filed by BDJ Discovery Group, LLC. (Deputy Clerk, SDF) (Entered: June 19, 2006)
June 19, 2006 Set Deadline: Status Report due by 7/1/2006. (Deputy Clerk, SDF) (Entered: June 19, 2006)
July 10, 2006 14 SEALED Monthly Accounting Report for June 2006 by BDJ Discovery Group, LLC. (Deputy Clerk, SDF) (Entered: July 12, 2006)
July 12, 2006 Reset Deadlines: Status Report due by 8/1/2006. (Deputy Clerk, SDF) (Entered: July 12, 2006)
August 2, 2006 15 SEALED Monthly Accounting Report for July 2006 filed by BDJ Discovery Group, LLC. (Deputy Clerk, SDF) (Entered: August 4, 2006)
August 4, 2006 Reset Deadlines: Status/Monthly Acct Report due by 9/1/2006. (Deputy Clerk, SDF) (Entered: August 4, 2006)
September 25, 2006 16 SEALED STATUS REPORT by BDJ Discovery Group, LLC. for the month of August 2006. (Deputy Clerk - SDF) (Entered: September 27, 2006)
September 27, 2006 Reset Deadlines: Status Report due by 10/2/2006 for Sept. 2006. (Deputy Clerk - SDF) (Entered: September 27, 2006)
October 25, 2006 17 SEALED MONTHLY ACCOUNTING/STATUS REPORT by BDJ Discovery Group, LLC. for Sept. 2006. (Deputy Clerk - SDF) (Entered: October 31, 2006)
November 14, 2006 18 SEALED MONTHLY ACCOUNTING/STATUS REPORT by BDJ Discovery Group, LLC. for August 2006. (dated 11/11/06) (Deputy Clerk - SDF) (Entered: November 21, 2006)
November 21, 2006 NOTICE OF DEFICIENCY re: 18 Status Report- Report indicates for August 2006- should be for month of October 2006- Contacted counsel & counsel will correct in send in ASAP. (Deputy Clerk - SDF) (Entered: November 21, 2006)
November 27, 2006 19 SEALED Monthly Accounting Report for October 2006 filed by BDJ Discovery Group (submitted to chambers) (Deputy Clerk - SDF) (Entered: November 27, 2006)
December 18, 2006 20 SEALED Monthly Accounting Report for November 2006 by BDJ Discovery Group, LLC. (cys to Judge Dever) (Deputy Clerk - SDF) (Entered: December 27, 2006)
January 11, 2007 21 SEALED STATUS REPORT by BDJ Discovery Group, LLC for December 2006. (forwarded to chambers) (Deputy Clerk - SDF) (Entered: January 12, 2007)
February 2, 2007 22 SEALED Monthly Accounting Report for January 2007 by BDJ Discovery Group, LLC. (cc- Judge Dever)(Deputy Clerk - SDF, ) (Entered: February 8, 2007)
March 12, 2007 23 SEALED Monthly Accounting Report for February 2007 filed by BDJ Discovery Group. (copy to Judge Dever) (Deputy Clerk - SDF, ) (Entered: March 13, 2007)
May 14, 2007 24 SEALED Monthly Accounting Report for March 2007 filed by BDJ Discovery Group (copy to Judge Dever) (Deputy Clerk - JRH) (Entered: May 14, 2007)
July 2, 2007 25 SEALED Monthly Accounting Report for April 2007 filed by BDJ Discovery Group and SEALED Monthly Accounting Report for May 2007 filed by BDJ Discovery Group (copies to Judge Dever. (Deputy Clerk - JRH) (Entered: July 6, 2007)
July 6, 2007 26 SEALED Monthly Accounting Report for June 2007 filed by BDJ Discovery Group (copy to Judge Dever. (Deputy Clerk - JRH) (Entered: July 6, 2007)
September 24, 2007 27 SEALED Monthly Accounting Report for July and August 2007 filed by Plaintiff BDJ Discovery Group, LLC. Sealed copy provided to Judge Dever. (Deputy Clerk - JRH) (Entered: September 27, 2007)
February 21, 2008 28 Joint MOTION to Substitute Party by BDJ Discovery Group, LLC. (Attachments: # 1 Text of Proposed Order) (Weeks, Stevenson) (Entered: February 21, 2008)
February 21, 2008 29 Memorandum in Support re 28 Joint MOTION to Substitute Party filed by BDJ Discovery Group, LLC. (Weeks, Stevenson) (Entered: 02/21/2008)
February 22, 2008 Motion Submitted: 28 Joint MOTION to Substitute Party SUBMITTED to Chambers. Courtesy copies provided. (Deputy Clerk - JAR ) (Entered: February 22, 2008)
February 22, 2008 30 ORDER granting 28 Joint Motion to Substitute Party. Odyssey Marine Exploration, Inc. added. BDJ Discovery Group, LLC terminated.Signed by Judge James C. Dever III on 2/22/2008. (Deputy Clerk - JAR ) (Entered: February 22, 2008)
February 22, 2008 31 SEALED Document: Accounting Report filed by Plaintiff Odyssey Marine Exploration, Inc.. (Attachments: # 1 Report) (Deputy Clerk - JAR ) (Entered: February 28, 2008)
March 3, 2008 32 AFFIDAVIT in Support of Motion for Appointment as Substitute Custodian by Odyssey Marine Exploration, Inc.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order) (Weeks, Stevenson) (Entered: 03/03/2008)
March 3, 2008 NOTICE OF DEFICIENCY re: 32 Affidavit and attachments. These documents were incorrectly docketed. Please refile the motion as "Motion to Amend/Correct Substitute Custodian and Modify Reporting Schedule." The affidavit and proposed order should be recorded then as attachments to the motion. (Deputy Clerk - JAR ) (Entered: March 3, 2008)
March 3, 2008 33 MOTION to Amend/Correct Substitute Custodian and Modify Reporting Schedule by Odyssey Marine Exploration, Inc.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order) (Weeks, Stevenson) (Entered: 03/03/2008)
March 3, 2008 Motion Submitted: 33 MOTION to Change Substitute Custodian and Modify Reporting Schedule SUBMITTED to Chambers. Courtesy copies provided. (Deputy Clerk - JAR ) (Entered: March 3, 2008)
March 3, 2008 34 ORDER granting 33 Motion to Change Substitute Custodian and Modify Reporting Schedule. It is ORDERED that Plaintiff is appointed the Custodian of said vessel and the artifacts recovered therefrom and is to retain the same in its custody for possession and safekeeping until further Order. It is further ORDERED that Plaintiff maintain an accurate inventory of all items removed from the shipwreck and to file an accurate accounting of all items removed from the shipwreck within thirty days of the activity and to report all material activity regarding the shipwreck and the artifacts to the Court within thirty days of said activity. Said accountings may be filed under seal pursuant to the Local Rules of Practice and Procedure of the Eastern District of North Carolina, Rule 79.2. Signed by Judge James C. Dever III on 3/3/2008. (Deputy Clerk - JAR ) (Entered: 03/04/2008)
Docket Report Last Checked: July 22, 2008 13:24:24 PDT
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