The Case Management Report(s) for the three arrested sites have been filed on October 30th and signed by the lawyers for Odyssey Marine and Spain.
The Case Management Report for the "Black Swan" site is listed here:
http://docs.justia.com/cases/federal/district-courts/florida/flmdce/8:2006cv01685/186117/64/0.html
The main points of the report are:
Both parties have been unable to reach an agreement on the Federal Civil Rule 26(a)(1) concerning Initial Disclosures.
"Spain objects to disclosure of such information for the specific
reason(s) that: Spain believes that Rule 26 disclosure by
Spain or other discovery of Spain is impractical and premature
until its pending motion to dismiss is decided and/or further
information is provided pursuant to that motion and/or by Rule
26 disclosures by Plaintiff and discovery of Plaintiff. Spain
also believes that Rule 26 disclosures and discovery of Spain
re subject to Foreign Sovereign Immunities Act limitations.
Odyssey believes that Rule 26 disclosures should be pursuant
to the Rules of Civil Procedure and sovereign immunity is
inapplicable. We have asked for an early hearing on this issue
in paragraph 13 below."
Both parties have filed the following:
● A request for Admission will be filed.
● There will be 25 or less Written Interrogatories.
● A Request for Production or Inspection will be filed.
● Ten or less Oral Depositions will be requested.
● A Disclosure of Expert Testitmony will me due as of May 1, 2008 for Odyssey and May 29th for Spain.
● Supplementation of Disclosures and Responses will be provided on June 2, 2008 for Odyssey and June 23, 2008 for Spain.
● Discovery will be completed by both sides on or before July 25, 2008.
● Third Party Claims, Joinder of Party Claims, and Summary Judgment Motions will have to be filed by August 1, 2008.
● Settlement is Unlikely and there will be no Binding Arbitration.
● They are ready for a final pretrial conference on or after September 1, 2008.
● They are ready for a trial on or after October 1, 2008.
● The Non-Jury Trial is expected to take approximately 80 hours.
There will most likely be several summary judgment motions filed that will dispose of several of the issues prior to trial. Both parties requested a hearing on the disclosure and discovery issues as well as an early hearing regarding confidentiality and sovereign immunity.