IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
IN ADMIRALTY
FILE NO: 4:05-CV-I22-D3

ODYSSEY MARINE EXPLORATION, INC., Plaintiff vs. THE UNIDENTIFIED, SI-IIPWRECKED VESSEL, its apparel, tackle, appurtenances and Cargo located in the waters ofthe Atlantic Ocean approxinlately 12 nliles offthe Coast of North Carolina, Defendant

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ORDER APPOINTING ODYSSEY MARINE EXPLORATION, INC. AS SUBSTITUTE CUSTODIAN AND MODIFYING REPORTING SCHEDULE

This cause was heard by the undersigned United States District Judge on Motion of the Plaintiff: Odyssey Marine Exploration, Inc., for an Order relieving BDJ Discovery Group, LLC as Substitute Custodian and appointing Odyssey Marine Exploration, Inc. as Substitute Custodian and to modify the Substitute Custodian's schedule of reporting activity to the Court. The Court has reviewed the Motion, Affidavit and the previous filings in this matter and Orders of the Court. Being so infomled, the Court finds that there has been a transfer of interest in this matter that warrants the changing of Substitute Custodians in this action. Therefore, IT IS ORDERED that: 1. 2. 3. The motion is GRANTED; BDJ Discovery Group, LLC is relieved as Substitute Custodian in this matter; Odyssey Marine Exploration, Inc. is hereby appointed the Custodian of said vessel and the artifacts recovered therefrom and is to retain the same in its custody for possession and safekeeping until further Order ofthis Court; BDJ Discovery Group, LLC is allowed and Ordered to transfer to the possession, custody and control of Odyssey all artifacts recovered from said wreck site; It is further Ordered that Odyssey Marine Exploration, Inc. maintain an

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accurate inventory of all items removed from the shipwreck and to file an accurate accounting of all items removed from the shipwreck within thirty (30) days of the activity and to report all nlaterial activity regarding the shipwreck and the artifacts to the Court within thirty (30) days of said activity. Said accountings may be filed under seal pursuant to the Local Rules of Practice and Procedure of the Eastern District of North Carolina, Rule 79.2; and It is further Ordered that the Marshal shall remain discharged from his duties and responsibilities for the safekeeping of said vessel and held harmless from any and all claims arising out of the said substituted possession and safekeeping and that all expenses for the safekeeping of the Defendant shipwreck shall be deemed administrative expenses of the Marshal.

This the ~ day of

Mo..rch ,2008.
Jame C. Dever, III Unit d States District Judge