PLAINTIFF' S INTERROGATORY #2
Describe in detail the injuries or damages incurred by plaintiff and the specific acts or
omissions by the defendant which have allegedly caused the injuries or damages.
"On October 16, 2007, the Odyssey Explorer attempted to depart the port in Gibraltar and was similarly intercepted, and under threat of force was diverted to the Spanish port of Algeciras, Spain, against the will of the Master. Spanish officials even violated their own "secret order" which Odyssey has since learned allowed boarding only upon consent of the Master or, if withheld, upon consent of the flag state. The Master was also arrested and detained, and although released, he remains under court order to appear in Algeciras each month, apparently in perpetuity. Although Spanish officials again found absolutely no evidence of any wrongdoing by Odyssey, and although the Explorer was released on October 20, 2007, Odyssey's equipment including the ROV (Remotely Operated Vehicle) used in Odyssey's search and recovery projects was sealed, and despite the lack of any written order, Odyssey has been instructed not to remove the tape which binds the ROV under threat of arrest, and, in effect, attaches it to the Explorer, thus denying Odyssey access to its own equipment for use in exercising the very rights granted to it by this Court to continue operations at the Defendant site.
In addition to the forgoing, Spain has intimidated and interfered with some of Odyssey's researchers in Spain, making them fearful to provide services to Odyssey and limiting their ability to work on projects for Odyssey. Odyssey's damages as a result of Spain's tortuous conduct are extensive. At the date of this filing, Odyssey estimates its damages caused by Spain's active interference with Odyssey's civil liberties, business operations and possessor rights to be over Five Million Dollars ($5 000 000.00). Those damages have been carefully documented and may be broken down generally as follows:
Interrption of Service of Vessels and Lost Opportunity...........................$4,560 000
Marine Equipment.............................................................................$ 164,000
(Equipment Odyssey was unable to retrieve due to
Spain's illegal blockade, and damages caused by
Spanish officials to vessel equipment upon capture)
Freight................................................................................................$ 52,000
(Costs to move equipment)
Contractual Losses................................................................................$ 170,000
(Forfeited production work and
expenses incurred from cancellation)
Travel and Legal Expenses.......................................................................$ 65,000
Loss of Use of Research Services..............................................................$ 121,000
(Researchers)
Artifact Detention................................................................................(Uncalculated)
(Artifacts detained in Gibraltar due
to Spanish Order - likely suffering
deterioration)
Odyssey will also present "damage" evidence in this case regarding the costs associated with the recovery and the proper archaeological conservation of the Defendant Site and artifacts therefrom. Such evidence will be related to Odyssey's custodial obligations and salvage claim."