Odyssey Marine Exploration, Inc. v. The Shipwrecked and Abandoned SS Mantola, its cargo, apparel, tackle, and appurtenances, etc., located within a five nautical mile radius of the coordinates 49 50 16.391N, 13 06 11.767 W
| Odyssey Marine Exploration, Inc. |
| 1:2017cv02924 |
| April 21, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A. Engelmayer |
| Other Statutory Actions |
| 28 U.S.C. ยง 1333 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
90
ORDER granting 89 Letter Motion for Discovery. Granted. Discovery will be reopened in this case. Odyssey is to file its application for Letters of Request by January 8, 2020. (Signed by Judge Paul A. Engelmayer on 12/11/2019) (mro)
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Filing
88
OPINION AND ORDER re: 78 MOTION for Summary Judgment; 83 MOTION for Summary Judgment: For the foregoing reasons, the Court grants Odyssey partial summary to award it title to the silk cloth, but the Court denies Odyssey's motion for summary judgment for a salvage award of title to the silver bars. The Court's denial of Odyssey's motion as to the silver bars, however, is without prejudice, both as to this litigation and to Odyssey's right to pursue relief in a for um where jurisdiction is proper. As to this litigation, the Court recognizes Odyssey's legitimate interest in obtaining discovery as to the date on which the 526 silver bars were removed from the Mantola by the unknown salvor. Depending on the c ompetent evidence adduced as to the removal date, a future motion for summary judgment might prove meritorious. Mindful of Odyssey's inability to date to secure such evidence from within the United Kingdom, the Court will permit Odyssey to move to reopen discovery. The Court directs Odyssey to file a motion to reopen discovery within four weeks, by December 17, 2019. Such a motion should identify concretely the discovery that Odyssey intends to undertake. In the event that Odyssey elects no t to move to reopen discovery by that date, Odyssey is to submit a letter as to the future course of this case, including addressing, inter alia, whether the Court should dismiss, without prejudice, Odyssey's claims as to the silver bars for fai lure to establish jurisdiction over them. As to a potential action in another forum, e.g., in the United Kingdom, the Court's decision does not in any way inhibit Odyssey from seeking to establish, in a court of competent jurisdiction, that its salvage efforts with respect to the Mantola that preceded recovery of the silver bars entitle it, under governing law, to some or all of those bars. The Clerk of the Court is respectfully requested to terminate the motions pending at dockets 78 and 83. (Motions due by 12/17/2019.) (Signed by Judge Paul A. Engelmayer on 11/19/2019) (jwh)
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Filing
51
OPINION & ORDER re: 44 MOTION to Dismiss filed by United Kingdom Secretary of State for Transport. For the reasons given above, the Court denies DfT's motion to dismiss Odyssey's in rem complaint. The Clerk of Court is r espectfully directed to terminate the motion pending at Dkt. 44. As set forth above, the parties are directed to submit, one week from today, a casemanagement plan and joint letter. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/8/2018) (anc)
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| Plaintiff: Odyssey Marine Exploration, Inc. | |
| Represented By: | John Devereux Kimball |
| Represented By: | Alan M. Weigel |
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