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Filed & Entered 06/27/2007
Terminated: 06/27/2007
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
IN ADMIRALTY
ODYSSEY MARINE EXPLORATION, INC.
Plaintiff, CIVIL ACTION
vs. Case No.: 8:07-CV-00614-SCB-MAP
THE UNIDENTIFIED, SHIPWRECKED
VESSEL, its apparel, tackle,
appurtenances and cargo located within
center point coordinates:
(to be provided to the Court under seal),
in rem,
Defendant(s).
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UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO
KINGDOM OF SPAIN’S MOTION FOR MORE DEFINITE STATEMENT
AND OTHER DISCLOSURE OR, IN THE ALTERNATIVE, TO DISMISS
COMES NOW, Plaintiff, ODYSSEY MARINE EXPLORATION, INC. (“Odyssey”), by
and through undersigned counsel, and moves this Honorable Court for an extension to respond to
the KINGDOM OF SPAIN’s Motion for Definite Statement and Other Disclosure or, in the
Alternative, to Dismiss (Docket #16) in this matter, and in support thereof would state:
1. ODYSSEY and the KINGDOM OF SPAIN have discussed this matter in detail
and have agreed that an extension should be granted until July 23, 2007.
2. The reason for the extension is to allow ODYSSEY to conduct more research and
to respond fully and completely to the Motion for Definite Statement and Other Disclosure or, in
the Alternative, to Dismiss.
3. It is anticipated that part of the response will be additional information provided
to the KINGDOM OF SPAIN.
WHEREFORE, in light of the KINGDOM OF SPAIN’s agreement, it is requested that
the Court permit ODYSSEY until July 23, 2007, to respond to the Motion for Definite Statement
and Other Disclosure or, in the Alternative, to Dismiss.
MEMORANDUM OF LAW
The Federal Rules of Civil Procedure, Rule 6(b) provides that the Court can always
extend or enlarge times when justice so requires. In this instance, it is in the benefit of justice to
allow the extension of time to respond to the KINGDOM OF SPAIN’s motion.
CERTIFICATE UNDER LOCAL RULE 3.01(g)
Pursuant to Local Rule 3.01(g), undersigned counsel certifies that he has conferred in
good faith with counsel for Claimant, Kingdom of Spain, concerning the substance of this
motion, and that counsel agree on the resolution of same.
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Odyssey recently provided a 109-page legal affidavit to authorities in the Spanish Federal government, the Junta de Andalucía, the United Kingdom, Gibraltar, and the United States detailing Odyssey’s activities leading up to, and after, the announcement of the “Black Swan” discovery. This document (which covered nine years of communications and meetings between Odyssey, the Junta of Andalucia and the governments of the United States, the United Kingdom and Spain) was provided in order to address questions posed by the Spanish regarding Odyssey’s activities and to reassure all concerned governments and officials that Odyssey has always acted legally and with full transparency in relation to the “Black Swan” project and in all other shipwreck exploration activities.
It is not know if this affidavit meets the requirements of the July 23rd deadline.