Keith Bary, a United Kingdom researcher, has filed a breach of contract claim against Odyssey Marine in regards to the Land's End shipwreck arrest. Many experts believe that the Land's End site is that of the Merchant Royal, a rich gold, silver, and gemstone laden vessel that sank in 1641.
1. The present action before this Court pertains to the disputed ownership of
an “unidentified” shipwrecked vessel and its artifacts.
2. Pursuant to Fed.R.Civ.Pro. 24(a)(2), Claimant, KEITH BRAY (hereinafter
“BRAY”) files this Motion to Intervene based upon his previous agreement with Plaintiff,
Case 8:06-cv-01685-SDM-MAP Document 58 Filed 10/19/2007 Page 1 of 6
ODYSSEY MARINE EXPLORATION, INC. (hereinafter “ODYSSEY”). BRAY is the
historian who researched and translated numerous historical documents to determine
the location of the unidentified shipwrecked vessel.
3. BRAY entered into an oral contract with ODYSSEY -- binding under
maritime law -- whereupon the parties agreed ODYSSEY would compensate BRAY a
certain percentage of the revenue generated from the shipwrecked vessel and its
artifacts. As consideration, BRAY provided ODYSSEY with the information and the
approximate location of the shipwrecked vessel.
4. Prior to locating the shipwrecked vessel, ODYSSEY informed BRAY that
ODYSSEY was legally and/or organizationally unable to perform its obligation under the
contract and provided BRAY with Twenty Thousand Dollars ($20,000.00). BRAY took
payment and later learned that ODYSSEY had discovered the shipwrecked vessel and
recovered artifacts.
5. ODYSSEY withheld information and/or misrepresented pertinent facts in
order to induce BRAY to accept a payment of far less proportion than to which he is
entitled. BRAY, in good faith, relied upon the false representations made by
ODYSSEY. Had BRAY known the actual facts and circumstances surrounding the
offered money, BRAY would have rejected ODYSSEY’s efforts to break the existing
agreement after ODYSSEY already possessed his confidential and valuable
information.
http://docs.justia.com/cases/federal/district-courts/florida/flmdce/8:2006cv01685/186117/58/0.html
Exhibit 1:
http://docs.justia.com/cases/federal/district-courts/florida/flmdce/8:2006cv01685/186117/58/1.html