http://docs.justia.com/cases/federal/district-courts/florida/flmdce/8:2007cv00614/197978/138/0.pdf
A 36 page response to Spain's Motion to Dismiss.
"XV. Conclusion.
The Defendant in this case is comprised of an underwater site where no coherent vessel exists and a large quantity of coins and some other artifacts which have properly and legally been brought into the Court's jurisdiction. The Defendant is neither a vessel nor "property of a foreign state" as referred to in section 1609 of the FSIA or in any other section of that statute. Even if this Court were to determine that a vessel actually exists, there is insufficient evidence to conclude that the vessel is the Mercedes. Even then, the Mercedes was engaged in a commercial mission at the time of its demise, and thus, must not be considered a sovereign immune vessel. Finally, the private cargo recovered, even if from the Mercedes, is most certainly not sovereign immune property. Therefore, Spain's Motion to Dismiss must be denied.
Wherefore, Odyssey respectfully requests this Court enter an Order denying Claimant, Spain's Motion to Dismiss or for Summary Judgment."