Odyssey Marine Exploration, Inc. (OMEX)

U.S. Federal Court Judge Steven Merryday has granted Odyssey’s Motion for Extension of Time to Respond to Report and Recommendation. He will allow Odyssey and other claimants until July 6, 2009 to file written objections to Magistrate Mark Pizzo’s recommendation that Spain’s Motion to Dismiss the “Black Swan” case be granted. Judge Merryday will then examine the recommendation as well as all objections and responses in the case before making his ruling on the motion to dismiss.

“The Magistrate’s report fails to acknowledge the absence of a vessel at the 'Black Swan' site or the commercial nature of the Mercedes’ mission at the time of her demise, which would legally nullify the claim to sovereign immunity on that vessel. It also ignores prior case law that separates cargo from the vessel in similar cases,” according to Odyssey's V.P. and attorney.

I do not believe the judge will follow the recommendation of the magistrate.

The 'Black Swan" treasure was never part of OMEX' balance sheet.

They may very well end up with it, despite a magistrate's reccomendation.