Moon Express Inc. v. Intuitive Machines LLC
Plaintiff: Moon Express Inc.
Defendant: Intuitive Machines LLC
Case Number: 1:2016cv00344
Filed: May 11, 2016
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: New Castle
Presiding Judge: Leonard P Stark
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 23, 2019 Opinion or Order Filing 256 MANDATE of USCA as to #243 Notice of Appeal (Third Circuit) filed by Moon Express Inc.. USCA Decision: Affirmed. (Attachments: #1 Opinion, #2 Clerk's Letter to District Court)(jk)
September 4, 2019 Opinion or Order Filing 255 NOTICE OF SERVICE of Plaintiff's Second Amended Responses and Objections to Defendant's First Set of Interrogatories in Aid of Execution Directed to Plaintiff filed by Moon Express Inc..(Martin, Robert)
April 12, 2019 Opinion or Order Filing 254 NOTICE of Withdrawal of Appearance of Ethan H. Townsend and Entry of Appearance of Matthew Sarna by Moon Express Inc. (Attachments: #1 Certificate of Service)(Martin, Robert)
March 1, 2019 Opinion or Order Filing 253 SECOND AMENDED JUDGMENT FOLLOWING JURY VERDICT on Attorney Fees in favor of Intuitive Machines LLC against Moon Express Inc. in the amount of $218,779 (See Second Amended Judgment for further details). Signed by Judge Leonard P. Stark on 2/28/19. (ntl)
March 1, 2019 Opinion or Order CASE CLOSED (ntl)
February 25, 2019 Opinion or Order Filing 252 Letter to The Honorable Leonard P. Stark from Oderah C. Nwaeze regarding Proposed Second Amended Judgment Following Jury Verdict - re #182 Judgment, #249 Order, #240 Judgment,. (Attachments: #1 [Proposed] Second Amended Judgment Following Jury Verdict)(Nwaeze, Oderah)
February 19, 2019 Opinion or Order Filing 251 NOTICE OF SERVICE of Plaintiff's Responses and Objections to Defendant's First Set of Requests for Production of Documents in Aid of Execution Directed to Plaintiff filed by Moon Express Inc.. (Attachments: #1 Certificate of Service)(Townsend, Ethan)
January 18, 2019 Opinion or Order Filing 250 REDACTED VERSION of #247 Declaration,, Second Supplemental Declaration of David J. Wolfsohn in Support of Defendant Intuitive Machines, LLC's Motion for Attorneys' Fees and Costs Pursuant to Federal Rule of Civil Procedure 54(d)(2) and Section 11.15 of the TRV Contract by Intuitive Machines LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Nwaeze, Oderah)
January 18, 2019 Opinion or Order Filing 249 ORDER re #246 Unopposed Supplemental Motion for Attorneys' Fees and Costs for the Period March through November 2018 Pursuant to Section 11.15 of the TRV Contract filed by Intuitive Machines LLC. Signed by Judge Leonard P. Stark on 1/17/19. (ntl)
January 11, 2019 Opinion or Order Filing 248 NOTICE of Certificate of Service for Second Supplemental Declaration of David J. Wolfsohn in Support of Defendant Intuitive Machines, LLCs Motion for Attorneys Fees and Costs Pursuant to Federal Rule of Civil Procedure 54(d)(2) and Section 11.15 of the TRV Contract and corresponding exhibits (filed under seal) by Intuitive Machines LLC re #247 Declaration,, (Nwaeze, Oderah)
January 11, 2019 Opinion or Order Filing 247 [SEALED] Second DECLARATION re #246 Supplemental MOTION for Attorney Fees Unopposed Supplemental Motion for Attorneys' Fees and Costs for the Period March through November 2018 Pursuant to Section 11.15 of the TRV Contract Second Supplemental Declaration of David J. Wolfsohn in Support of Defendant Intuitive Machines, LLC's Motion for Attorneys' Fees and Costs Pursuant to Federal Rule of Civil Procedure 54(d)(2) and Section 11.15 of the TRV Contract by Intuitive Machines LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Nwaeze, Oderah)
January 11, 2019 Opinion or Order Filing 246 Supplemental MOTION for Attorney Fees Unopposed Supplemental Motion for Attorneys' Fees and Costs for the Period March through November 2018 Pursuant to Section 11.15 of the TRV Contract - filed by Intuitive Machines LLC. (Attachments: #1 Text of Proposed Order)(Nwaeze, Oderah)
January 10, 2019 Opinion or Order Filing 245 NOTICE OF SERVICE of First Set of Requests for Production of Documents in Aid of Execution filed by Intuitive Machines LLC.(Nwaeze, Oderah)
November 16, 2018 Opinion or Order Filing 244 NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re #243 Notice of Appeal (Third Circuit) filed by Moon Express Inc.. USCA Case Number 18-3521. USCA Case Manager: James (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (jk)
November 14, 2018 Opinion or Order Filing 243 NOTICE OF APPEAL of #236 Order,,, #182 Judgment, #235 Memorandum Opinion, #240 Judgment, . Appeal filed by Moon Express Inc.. (Attachments: #1 Certificate of Service)(Martin, Robert)
November 14, 2018 Opinion or Order APPEAL - Credit Card Payment of $505.00 received re #243 Notice of Appeal (Third Circuit) filed by Moon Express Inc.. ( Filing fee $505, receipt number 0311-2503850.) (Martin, Robert)
November 7, 2018 Opinion or Order Filing 242 NOTICE of Clerk's Certification of a Judgment to be Registered in Another District by Intuitive Machines LLC re #236 Order,,, #235 Memorandum Opinion, #241 Letter, #240 Judgment, (Attachments: #1 Exhibit Clerk's Certified Copies of Amended Judgment Following Jury Verdict)(Nwaeze, Oderah)
November 7, 2018 Opinion or Order Filing 241 Letter to the Clerk's Office from Oderah C. Nwaeze regarding Defendant Intuitive Machines, LLC's request for Certified Copies of Amended Judgment Following Jury Verdict - re #236 Order,,, #235 Memorandum Opinion, #240 Judgment,. (Attachments: #1 Exhibit Clerk's Certification of a Judgment to be Registered in Another District (Revised version of Form AO 451), #2 Exhibit Amended Judgment Following Jury Verdict)(Nwaeze, Oderah)
November 5, 2018 Opinion or Order Filing 240 AMENDED JUDGMENT in favor of Intuitive Machines LLC against Moon Express Inc. in the amount of $1,198,966.64; prejudgment interest in the amount of $219,804.04; post judgment interest in the amount of $3,275,770.68 (See amended judgment for further details). Signed by Judge Leonard P. Stark on 11/5/18. (ntl)
November 5, 2018 Opinion or Order Filing 239 NOTICE of Clerk's Certification of a Judgment to be Registered in Another District by Intuitive Machines LLC re #238 Letter, (Attachments: #1 Exhibit Clerk's Certified Copy of [DI 182] Judgment Following Jury Verdict)(Nwaeze, Oderah)
November 5, 2018 Opinion or Order Filing 238 Letter to the Clerk's Office from Oderah C. Nwaeze, filed on November 2, 2018 with the Clerk regarding Intuitive Machines, LLC's request for Certified Copies of the Judment Following Jury Verdict - re #182 Judgment,. (Attachments: #1 Exhibit Clerk's Certified Copy of [DI 235] Memorandum Opinion, #2 Exhibit Clerk's Certified Copy of [DI 236] Order, #3 Exhibit Clerck's Certification of a Judgment to be Registered in Another District)(Nwaeze, Oderah)
October 26, 2018 Opinion or Order Filing 237 Letter to The Honorable Leonard P. Stark from Oderah C. Nwaeze regarding Proposed Amended Judgment - re #236 Order,,, #235 Memorandum Opinion. (Attachments: #1 Exhibit A - [Proposed] Amended Judgment Following Jury Verdict)(Nwaeze, Oderah)
October 15, 2018 Opinion or Order Filing 236 ORDER re #235 Memorandum Opinion -- #198 MOTION to order Plaintiff to deliver 590,710 Shares of Moon Express Common Stock to Intuitive Machines filed by Intuitive Machines LLC is GRANTED-IN-PART; #191 MOTION for Attorney Fees filed by Intuitive Machines LLC is GRANTED; #209 MOTION for Order permitting Registration of Judgment filed by Intuitive Machines LLC is GRANTED; #195 MOTION for New Trial filed by Moon Express Inc. is DENIED; #211 MOTION to Stay issuance of 590,710 Shares of Moon Express Common Stock to Intuitive Machines is DENIED; #218 MOTION to Stay Judgment Of Monetary Award To Defendant Intuitive Machines, LLC is DENIED; #193 MOTION for Prejudgment and Post-Judgment Interest filed by Intuitive Machines LLC is GRANTED-IN-PART and DENIED-IN-PART. Signed by Judge Leonard P. Stark on 10/15/18. (ntl)
October 15, 2018 Opinion or Order Filing 235 MEMORANDUM OPINION re pending motions. Signed by Judge Leonard P. Stark on 10/15/18. (ntl)
September 5, 2018 Opinion or Order Filing 234 Official Transcript of Oral Argument Hearing held on July 30, 2018 before Chief Judge Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 9/26/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/4/2018. (bpg)
July 30, 2018 Opinion or Order Minute Entry for proceedings held before Judge Leonard P. Stark - Oral Argument held on 7/30/2018. (Court Reporter B. Gaffigan.) (ntl)
June 25, 2018 Opinion or Order Filing 233 NOTICE OF SERVICE of Plaintiff's Responses and Objections to Defendant's First Set of Interrogatories in Aid of Execution Directed to Plaintiff filed by Moon Express Inc.. (Attachments: #1 Certificate of Service)(Townsend, Ethan)
June 14, 2018 Opinion or Order Filing 232 ORAL ORDER: Having reviewed the parties' letters (D.I. 230, 231), IT IS HEREBY ORDERED that IM's request that ME be compelled to respond to IM's first set of interrogatories in aid of execution of judgment is GRANTED. ME shall do so within ten days. The Court recognizes that ME has moved for a stay, as well a new trial, and that the Court is scheduled to hear argument on the pending motions on July 30. Nonetheless, judgment has been entered on the verdict, no stay has to date been granted, and it is appropriate and reasonable for IM to pursue discovery in aid of execution. The Court is not persuaded that the prejudice to ME from having to respond to discovery is such as to warrant denial of IM's present request. To the extent IM is seeking an order that ME respond to other unspecified discovery requests, and to the extent ME fears IM will seek to execute on the judgment prior to the July 30 hearing, the Court does not view these issues as ripe for judicial resolution. IT IS FURTHER ORDERED that the teleconference scheduled for tomorrow, June 15, is CANCELLED. ORDERED by Judge Leonard P. Stark on 6/14/18. (ntl)
June 12, 2018 Opinion or Order Filing 231 Letter to The Honorable Leonard P. Stark from Ethan H. Townsend, Esq. regarding the Court's June 6, 2018 Order regarding the Parties' Discovery Dispute - re 229 Order Setting Teleconference,,,,. (Townsend, Ethan)
June 8, 2018 Opinion or Order Filing 230 Letter to Hon. Leonard P. Stark from Oderah C. Nwaeze, Esq. regarding Discovery Dispute - re 229 Order Setting Teleconference,,,,. (Attachments: #1 Exhibit A-B)(Nwaeze, Oderah)
June 6, 2018 Opinion or Order Filing 229 ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter, IT IS HEREBY ORDERED that a teleconference is scheduled for June 15, 2018 at 10:00 a.m. Counsel for the party seeking relief shall initiate the teleconference call to 302-573-4571. IT IS FURTHER ORDERED that not later than June 8, 2018, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than June 12, 2018, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Leonard P. Stark on 6/6/18. (ntl)
May 25, 2018 Opinion or Order Filing 228 Letter to The Honorable Leonard P. Stark from Oderah C. Nwaeze, Esq. (Counsel for Defendant Intuitive Machines, LLC) regarding Meet and Confer and continued dispute regarding Plaintiff's response to Defendant's interrogatories in aid of execution. (Nwaeze, Oderah)
May 23, 2018 Opinion or Order Filing 227 ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear argument on all pending motions on July 30, 2018 beginning at 10:00 a.m. Each side will be allocated up to one (1) hour to present its argument. ORDERED by Judge Leonard P. Stark on 5/23/18. (ntl)
May 21, 2018 Opinion or Order Filing 226 REPLY to Response to Motion re #191 MOTION for Attorney Fees Pursuant to TRV Contract Section 11.15 filed by Intuitive Machines LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Certificate of Service)(Nwaeze, Oderah)
May 18, 2018 Opinion or Order Filing 225 NOTICE OF SERVICE of Plaintiff Moon Express, Inc.'s Responses And Objections To Defendant Intuitive Machines, LLC's First Set of Interrogatories in Aid of Execution Directed to Plaintiff re #214 Notice of Service filed by Moon Express Inc..(Townsend, Ethan)
May 16, 2018 Opinion or Order Filing 224 REQUEST for Oral Argument by Moon Express Inc. re #195 MOTION for New Trial Plaintiff Moon Express, Inc.'s Motion for a New Trial Under Federal Rule of Civil Procedure 59. (Attachments: #1 Certificate of Service)(Townsend, Ethan)
May 10, 2018 Opinion or Order SO ORDERED, re #221 MOTION for Pro Hac Vice Appearance of Attorney Marc A. Silverman filed by Moon Express Inc. Signed by Judge Leonard P. Stark on 5/10/18. (ntl)
May 9, 2018 Opinion or Order Filing 223 REPLY BRIEF Plaintiff Moon Express, Inc's Reply Memorandum of Law In Support of Its Motion for a New Trial Under Federal Rule of Civil Procedure 59 filed by Moon Express Inc.. (Attachments: #1 Exhibit R, #2 Exhibit S, #3 Exhibit T, #4 Declaration, #5 Certificate of Service)(Townsend, Ethan)
May 8, 2018 Opinion or Order Filing 222 REPLY BRIEF re #209 MOTION Order permitting Registration of Judgment by Intuitive Machines, Pursuant to 28 U.S.C. Section 1963 re #182 Judgment, , #218 MOTION to Stay re #210 Opening Brief in Support, Plaintiff Moon Express, Inc.'s Motion To Stay Judgment Of Monetary Award And Opposition To Defendant Intuitive Machines, LLC's Motion To Permit Registration Of Judgment filed by Intuitive Machines LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Nwaeze, Oderah)
May 8, 2018 Opinion or Order Filing 221 MOTION for Pro Hac Vice Appearance of Attorney Marc A. Silverman - filed by Moon Express Inc.. (Attachments: #1 Certification of Marc A. Silverman, #2 Text of Proposed Order [Proposed] Order, #3 Certificate of Service)(Townsend, Ethan)
May 7, 2018 Opinion or Order Filing 220 ANSWERING BRIEF in Opposition re #191 MOTION for Attorney Fees Pursuant to TRV Contract Section 11.15 Plaintiff Moon Express, Inc.'s Answering Brief In Opposition to Defendant Intuitive Machines, LLC's Motion for Attorneys' Fees and Costs filed by Moon Express Inc..Reply Brief due date per Local Rules is 5/14/2018. (Attachments: #1 Certificate of Service)(Martin, Robert)
May 3, 2018 Opinion or Order Filing 219 REPLY BRIEF Plaintiff Moon Express, Inc.'s Reply In Support of Its Motion to Stay Judgment on Issuance of 590,710 Shares of Common Stock filed by Moon Express Inc.. (Attachments: #1 Certificate of Service)(Martin, Robert)
April 27, 2018 Opinion or Order Filing 218 MOTION to Stay re #210 Opening Brief in Support, Plaintiff Moon Express, Inc.'s Motion To Stay Judgment Of Monetary Award And Opposition To Defendant Intuitive Machines, LLC's Motion To Permit Registration Of Judgment - filed by Moon Express Inc.. (Attachments: #1 Certificate of Service)(Townsend, Ethan)
April 27, 2018 Opinion or Order CORRECTING ENTRY: D.I. #217 has been modified per request of filer to reflect that the document was filed by Oderah Nwaeze, Esq. (nmfn)
April 26, 2018 Opinion or Order Filing 217 BRIEF (Combined Answering and Reply) Defendant Intuitive Machines, LLC's Opposition to Plaintiff Moon Express, Inc.'s Motion to Stay Judgment on Issuance of 590,710 Shares of Common Stock and Reply in Support of its Motion for Delivery of 590,710 Shares of Common Stock re #211 MOTION to Stay re #198 MOTION Moon Express to deliver 590,710 Shares of Moon Express Common Stock to Intuitive Machines Within Three Days , #182 Judgment, Plaintiff Moon Express, Inc.'s Motion To Stay Judgment On Issuance o, #198 MOTION Moon Express to deliver 590,710 Shares of Moon Express Common Stock to Intuitive Machines Within Three Days filed by Intuitive Machines LLC.Reply Brief due date per Local Rules is 5/3/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Nwaeze, Oderah) Modified on 4/27/2018 (nmfn).
April 25, 2018 Opinion or Order Filing 216 ANSWERING BRIEF in Opposition re #195 MOTION for New Trial Plaintiff Moon Express, Inc.'s Motion for a New Trial Under Federal Rule of Civil Procedure 59 filed by Intuitive Machines LLC.Reply Brief due date per Local Rules is 5/2/2018. (Attachments: #1 Exhibit A-Y)(Nwaeze, Oderah)
April 24, 2018 Opinion or Order SO ORDERED, re #215 Stipulation and Order filed by Moon Express Inc. Signed by Judge Leonard P. Stark on 4/24/18. (ntl)
April 20, 2018 Opinion or Order Filing 215 STIPULATION AND [PROPOSED] ORDER by Moon Express Inc.. (Townsend, Ethan)
April 18, 2018 Opinion or Order Filing 214 NOTICE OF SERVICE of PRIOR TO 6PM ON 4.18.18 - Defendant's First Set of Interrogatories in Aid of Execution Directed to Plaintiff filed by Intuitive Machines LLC.(Nwaeze, Oderah)
April 18, 2018 Opinion or Order SO ORDERED, re #212 STIPULATION TO EXTEND TIME Regarding the Reply Brief in Support of Intuitive Machines, LLC's Motion for Delivery of 590,710 Shares of Common Stock to April 23, 2018 filed by Intuitive Machines LLC. Signed by Judge Leonard P. Stark on 4/17/18. (ntl)
April 12, 2018 Opinion or Order Filing 213 REPLY BRIEF re #193 MOTION Prejudgment and Post-Judgment Interest filed by Intuitive Machines LLC. (Attachments: #1 Exhibit A through P)(Nwaeze, Oderah)
April 12, 2018 Opinion or Order Filing 212 STIPULATION TO EXTEND TIME Regarding the Reply Brief in Support of Intuitive Machines, LLC's Motion for Delivery of 590,710 Shares of Common Stock to April 23, 2018 - filed by Intuitive Machines LLC. (Nwaeze, Oderah)
April 9, 2018 Opinion or Order Filing 211 MOTION to Stay re #198 MOTION Moon Express to deliver 590,710 Shares of Moon Express Common Stock to Intuitive Machines Within Three Days , #182 Judgment, Plaintiff Moon Express, Inc.'s Motion To Stay Judgment On Issuance of 590,710 Shares Of Common Stock And Opposition To Defendant Intuitive Machines, LLC's Motion For Delivery Of 590,710 Shares Of Common Stock - filed by Moon Express Inc.. (Attachments: #1 Text of Proposed Order, #2 Certification of Counsel pursuant to Rule 7.1, #3 Certificate of Service)(Townsend, Ethan)
April 9, 2018 Opinion or Order SO ORDERED, re #206 STIPULATION regarding Moon Express' Motion for a New Trial Briefing filed by Intuitive Machines LLC. Signed by Judge Leonard P. Stark on 4/9/18. (ntl)
April 6, 2018 Opinion or Order Filing 210 OPENING BRIEF in Support re #209 MOTION Order permitting Registration of Judgment by Intuitive Machines, Pursuant to 28 U.S.C. Section 1963 re #182 Judgment, filed by Intuitive Machines LLC.Answering Brief/Response due date per Local Rules is 4/20/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Nwaeze, Oderah)
April 6, 2018 Opinion or Order Filing 209 MOTION Order permitting Registration of Judgment by Intuitive Machines, Pursuant to 28 U.S.C. Section 1963 re #182 Judgment, - filed by Intuitive Machines LLC. (Attachments: #1 Text of Proposed Order, #2 Certification of Counsel Pursuant to Local Rule 7.1.1)(Nwaeze, Oderah)
April 5, 2018 Opinion or Order Filing 208 REDACTED VERSION of #202 Declaration of David J. Wolfsohn in Support of Defendant Intuitive Machines, LLC's Motion for Attorneys' Fees and Costs Pursuant to Federal Rules of Civil Procedure 54(d)(2) and Section 11.15 of the TRV Contract by Intuitive Machines LLC. (Attachments: #1 Exhibit REDACTED EXHIBITS)(Nwaeze, Oderah)
April 5, 2018 Opinion or Order Filing 207 ANSWERING BRIEF in Opposition re #193 MOTION Prejudgment and Post-Judgment Interest filed by Moon Express Inc..Reply Brief due date per Local Rules is 4/12/2018. (Attachments: #1 Certificate of Service)(Townsend, Ethan)
April 5, 2018 Opinion or Order Filing 206 STIPULATION regarding Moon Express' Motion for a New Trial Briefing re #195 MOTION for New Trial Plaintiff Moon Express, Inc.'s Motion for a New Trial Under Federal Rule of Civil Procedure 59, #196 Opening Brief in Support, by Intuitive Machines LLC. (Nwaeze, Oderah)
April 5, 2018 Opinion or Order Filing 205 ORDER re #201 MOTION to Seal Document: Wolfsohn Declaration in Support of Defendant's Motion for Attorneys' Fees filed by Intuitive Machines LLC. Signed by Judge Leonard P. Stark on 4/5/18. (ntl)
April 4, 2018 Opinion or Order Filing 204 [SEALED] EXHIBIT re SO ORDERED, #202 Declaration, #203 Declaration, Exhibits A through C to First Supplemental Declaration of David J. Wolfsohn in Further Support of Defendant Intuitive Machines, LLC's Motion for Attorneys Fees and Costs Pursuant to Federal Rule of Civil Procedure 54(D)(2) and Section 11.15 of the TRV Contract by Intuitive Machines LLC. (Nwaeze, Oderah)
April 4, 2018 Opinion or Order Filing 203 Supplemental DECLARATION re SO ORDERED, #202 Declaration of David J. Wolfsohn in Further Support of Defendant Intuitive Machines, LLC's Motion for Attorneys Fees and Costs Pursuant to Federal Rule of Civil Procedure 54(D)(2) and Section 11.15 of the TRV Contract by Intuitive Machines LLC. (Nwaeze, Oderah)
March 29, 2018 Opinion or Order Filing 202 [SEALED] DECLARATION re #191 MOTION for Attorney Fees Pursuant to TRV Contract Section 11.15, #200 Opening Brief in Support, by Intuitive Machines LLC. (Attachments: #1 Exhibit A-F)(Nwaeze, Oderah)
March 29, 2018 Opinion or Order Filing 201 MOTION to Seal Document: Wolfsohn Declaration in Support of Defendant's Motion for Attorneys' Fees - filed by Intuitive Machines LLC. (Attachments: #1 Text of Proposed Order)(Nwaeze, Oderah)
March 29, 2018 Opinion or Order Filing 200 OPENING BRIEF in Support re #191 MOTION for Attorney Fees Pursuant to TRV Contract Section 11.15 filed by Intuitive Machines LLC.Answering Brief/Response due date per Local Rules is 4/12/2018. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Nwaeze, Oderah)
March 27, 2018 Opinion or Order Remark : Counsel for Defendant requested the Clerk to complete AO 451 certification for registration of Judgment (DI 182) in a foreign district however there is currently a pending Motion (DI 195) for a New Trial pending before the Court. The Clerk will not grant this request absent judicial review and approval. The documents were returned to counsel without action. (rwc)
March 26, 2018 Opinion or Order Filing 199 MEMORANDUM in Support re #198 MOTION Moon Express to deliver 590,710 Shares of Moon Express Common Stock to Intuitive Machines Within Three Days filed by Intuitive Machines LLC.Answering Brief/Response due date per Local Rules is 4/9/2018. (Attachments: #1 Exhibit A)(Nwaeze, Oderah)
March 26, 2018 Opinion or Order Filing 198 MOTION Moon Express to deliver 590,710 Shares of Moon Express Common Stock to Intuitive Machines Within Three Days - filed by Intuitive Machines LLC. (Attachments: #1 Text of Proposed Order, #2 Certification of Counsel)(Nwaeze, Oderah)
March 23, 2018 Opinion or Order SO ORDERED, re #192 Stipulation and Order re briefing schedule on motion for attorneys' fees (D.I. #191 ) filed by Moon Express Inc. Signed by Judge Leonard P. Stark on 3/22/18. (ntl)
March 22, 2018 Opinion or Order Filing 197 DECLARATION re #195 MOTION for New Trial Plaintiff Moon Express, Inc.'s Motion for a New Trial Under Federal Rule of Civil Procedure 59, #196 Opening Brief in Support, Declaration of Ethan H. Townsend in Support of Plaintiff Moon Express, Inc.s Memorandum of Law in Support of its Motion for a New Trial by Moon Express Inc.. (Attachments: #1 Exhibits A - Q, #2 Certificate of Service)(Townsend, Ethan)
March 22, 2018 Opinion or Order Filing 196 OPENING BRIEF in Support re #195 MOTION for New Trial Plaintiff Moon Express, Inc.'s Motion for a New Trial Under Federal Rule of Civil Procedure 59 filed by Moon Express Inc..Answering Brief/Response due date per Local Rules is 4/5/2018. (Attachments: #1 Certificate of Service)(Townsend, Ethan)
March 22, 2018 Opinion or Order Filing 195 MOTION for New Trial Plaintiff Moon Express, Inc.'s Motion for a New Trial Under Federal Rule of Civil Procedure 59 - filed by Moon Express Inc.. (Attachments: #1 Certification of Counsel Pursuant to Local Rule 7.1.1, #2 Text of Proposed Order, #3 Certificate of Service)(Townsend, Ethan)
March 22, 2018 Opinion or Order Filing 194 OPENING BRIEF in Support re #193 MOTION Prejudgment and Post-Judgment Interest filed by Intuitive Machines LLC.Answering Brief/Response due date per Local Rules is 4/5/2018. (Nwaeze, Oderah)
March 22, 2018 Opinion or Order Filing 193 MOTION Prejudgment and Post-Judgment Interest - filed by Intuitive Machines LLC. (Attachments: #1 Certification of Counsel, #2 Text of Proposed Order)(Nwaeze, Oderah)
March 21, 2018 Opinion or Order Filing 192 STIPULATION Stipulation and [Proposed] Order regarding Briefing Schedule for Defendant's Motion for Attorneys' Fees re #191 MOTION for Attorney Fees Pursuant to TRV Contract Section 11.15 by Moon Express Inc.. (Townsend, Ethan)
March 8, 2018 Opinion or Order Filing 191 MOTION for Attorney Fees Pursuant to TRV Contract Section 11.15 - filed by Intuitive Machines LLC. (Attachments: #1 Certification of Attorney, #2 Text of Proposed Order, #3 Exhibit 1)(Nwaeze, Oderah)
March 5, 2018 Opinion or Order SO ORDERED, re #190 MOTION for Pro Hac Vice Appearance of Attorney Ilana H. Eisenstein and Michael P. O'Day filed by Moon Express Inc. Signed by Judge Leonard P. Stark on 3/5/18. (ntl)
March 2, 2018 Opinion or Order Filing 190 MOTION for Pro Hac Vice Appearance of Attorney Ilana H. Eisenstein and Michael P. O'Day - filed by Moon Express Inc.. (Attachments: #1 Certification of Ilana H. Eisenstein, #2 Certification of Michael P. O'Day, #3 Text of Proposed Order [Proposed] Order Granting Motion For Admission Pro Hac Vice, #4 Certificate of Service)(Townsend, Ethan)
February 27, 2018 Opinion or Order Filing 189 ORAL ORDER: As a Notice of Substitution of Counsel has been filed (D.I. 188), IT IS HEREBY ORDERED that #174 MOTION for Klehr, Harrison, Harvey, Branzburg LLP to Withdraw as Counsel for Moon Express Inc. is DENIED AS MOOT. ORDERED by Judge Leonard P. Stark on 2/27/18. (ntl)
February 26, 2018 Opinion or Order Filing 188 STIPULATION Notice of Substitution of Counsel / Withdrawal of Klehr Harrison Harvey Branzburg, LLP and Entry of Appearance of DLA Piper LLP (US) by Moon Express Inc.. (Attachments: #1 Certificate of Service)(Eagle, David)
February 23, 2018 Opinion or Order Filing 187 Official Transcript of Jury Trial - Volume E, held on January 12, 2018 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/16/2018. Redacted Transcript Deadline set for 3/26/2018. Release of Transcript Restriction set for 5/24/2018.(bpg)
February 23, 2018 Opinion or Order Filing 186 Official Transcript of Jury Trial - Volume D, held on January 11, 2018 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/16/2018. Redacted Transcript Deadline set for 3/26/2018. Release of Transcript Restriction set for 5/24/2018.(bpg)
February 23, 2018 Opinion or Order Filing 185 Official Transcript of Jury Trial - Volume C, held on January 10, 2018 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/16/2018. Redacted Transcript Deadline set for 3/26/2018. Release of Transcript Restriction set for 5/24/2018.(bpg)
February 23, 2018 Opinion or Order Filing 184 Official Transcript of Jury Trial - Volume B, held on January 9, 2018 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/16/2018. Redacted Transcript Deadline set for 3/26/2018. Release of Transcript Restriction set for 5/24/2018.((bpg)
February 23, 2018 Opinion or Order Filing 183 Official Transcript of Jury Trial - Volume A, held on January 8, 2018 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/16/2018. Redacted Transcript Deadline set for 3/26/2018. Release of Transcript Restriction set for 5/24/2018.(bpg)
February 22, 2018 Opinion or Order Filing 182 JUDGMENT FOLLOWING JURY VERDICT in favor of Intuitive Machines LLC against Moon Express Inc. in the amount of $1,857,000 plus 590,710 shares of Moon Express Inc. common stock (See Judgment for further details). Signed by Judge Leonard P. Stark on 2/22/18. (ntl)
February 22, 2018 Opinion or Order Filing 181 ORAL ORDER: Having reviewed the parties' competing proposals (see D.I. 178, 180), the Court has decided to sign and enter the form of judgment proposed by Plaintiff. The Court finds this to be the most reasonable exercise of its discretion taking account of the totality of circumstances. ORDERED by Judge Leonard P. Stark on 2/22/18. (ntl)
February 21, 2018 Opinion or Order Filing 180 Letter to The Honorable Leonard P. Stark from David S. Eagle, Esquire (Counsel to Plaintiff Moon Express, Inc.) regarding Proposed Form of Judgment Related to Equity Portion of Jury Verdict - re #178 Letter. (Attachments: #1 Exhibit A)(Eagle, David)
February 21, 2018 Opinion or Order Filing 179 ANSWERING BRIEF in Opposition re #174 MOTION for Klehr, Harrison, Harvey, Branzburg LLP to Withdraw as Attorney for Plaintiff filed by Intuitive Machines LLC.Reply Brief due date per Local Rules is 2/28/2018. (Nwaeze, Oderah)
February 20, 2018 Opinion or Order Filing 178 Letter to The Hon. Leonard P. Stark from Oderah C. Nwaeze, Esq. regarding Jury's Verdict Regarding Equity. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Nwaeze, Oderah)
February 16, 2018 Opinion or Order Filing 177 STIPULATION TO EXTEND TIME for the Parties to Submit Briefing on the Equity Portion of the Jury's Verdict to February 20, March 2 and March 9, 2018 - filed by Moon Express Inc.. (Eagle, David)
February 16, 2018 Opinion or Order Filing 176 ORAL ORDER: IT IS HEREBY ORDERED that Defendant shall respond to #174 MOTION for Klehr, Harrison, Harvey, Branzburg LLP to Withdraw by Wednesday, February 21. ORDERED by Judge Leonard P. Stark on 2/16/18. (ntl)
February 16, 2018 Opinion or Order SO ORDERED, re #175 STIPULATION TO EXTEND TIME Briefing on the equity portion of the jury's verdict to February 16, February 26, March 5, 2018 filed by Intuitive Machines LLC. Signed by Judge Leonard P. Stark on 2/16/18. (ntl)
February 16, 2018 Opinion or Order SO ORDERED, re #177 STIPULATION TO EXTEND TIME for the Parties to Submit Briefing on the Equity Portion of the Jury's Verdict to February 20, March 2 and March 9, 2018 filed by Moon Express Inc. Signed by Judge Leonard P. Stark on 2/16/18. (ntl)
February 15, 2018 Opinion or Order Filing 175 STIPULATION TO EXTEND TIME Briefing on the equity portion of the jury's verdict to February 16, February 26, March 5, 2018 - filed by Intuitive Machines LLC. (Nwaeze, Oderah)
February 13, 2018 Opinion or Order Filing 174 MOTION for Klehr, Harrison, Harvey, Branzburg LLP to Withdraw as Attorney - filed by Moon Express Inc.. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Eagle, David)
February 9, 2018 Opinion or Order Filing 173 ORAL ORDER: For the reasons stated by the Court at the conclusion of the February 6 teleconference hearing, IT IS HEREBY ORDERED that Moon Express's emergency motion to seal inadvertently-filed confidential documents (D.I. #165 ) is DENIED. ORDERED by Judge Leonard P. Stark on 2/9/18. (ntl)
February 9, 2018 Opinion or Order SO ORDERED, re #172 STIPULATION TO EXTEND TIME Briefing deadlines on the equity/cash issue to Defendant's Opening Brief to February 15, 2018; Plaintiff's Answering Brief to February 23, 2018; and Defendant's Reply Brief to March 2, 2018 filed by Intuitive Machines LLC. Signed by Judge Leonard P. Stark on 2/9/18. (ntl)
February 9, 2018 Opinion or Order CORRECTING ENTRY: D.I. 173 and D.I. 174 were removed from the docket as duplicative of D.I. 165 and D.I. 169. D.I. 165 and D.I. 169 were unsealed per the Court's Order. (ntl)
February 8, 2018 Opinion or Order Filing 172 STIPULATION TO EXTEND TIME Briefing deadlines on the equity/cash issue to Defendant's Opening Brief to February 15, 2018; Plaintiff's Answering Brief to February 23, 2018; and Defendant's Reply Brief to March 2, 2018 - filed by Intuitive Machines LLC. (Nwaeze, Oderah)
February 7, 2018 Opinion or Order Filing 171 RESPONSE to Motion re #165 Emergency MOTION to Seal Document: #134 Letter, #136 Letter, #135 Letter, #133 Letter, / SEALED Emergency Motion to Seal Inadvertently-Filed Confidential Documents Defendant Intuitive Machines, LLC's Opposition to Plaintiff's Emergency Motion to Seal Inadvertently-Filed Confidential Documents filed by Intuitive Machines LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Nwaeze, Oderah)
February 6, 2018 Opinion or Order Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 2/6/2018. (Court Reporter B. Gaffigan.) (ntl)
February 6, 2018 Opinion or Order Filing 170 CERTIFICATE OF SERVICE of Defendant Intuitive Machines, LLCs Opposition to Plaintiffs Emergency Motion to Seal Inadvertently-Filed Confidential Documents by Intuitive Machines LLC re #168 Response to Motion,, (Nwaeze, Oderah)
February 6, 2018 Opinion or Order Filing 169 REPLY to Response to Motion re #165 Emergency MOTION to Seal Document: #134 Letter, #136 Letter, #135 Letter, #133 Letter, / SEALED Emergency Motion to Seal Inadvertently-Filed Confidential Documents filed by Moon Express Inc.. (Attachments: #1 Exhibit C, #2 Certificate of Service)(Eagle, David) Modified on 2/9/2018 (ntl).
February 5, 2018 Opinion or Order Filing 168 [SEALED] RESPONSE to Motion re #165 Emergency MOTION to Seal Document: #134 Letter, #136 Letter, #135 Letter, #133 Letter, / SEALED Emergency Motion to Seal Inadvertently-Filed Confidential Documents Defendant Intuitive Machines, LLC's Opposition to Plaintiff's Emergency Motion to Seal Inadvertently-Filed Confidential Documents filed by Intuitive Machines LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Nwaeze, Oderah)
February 2, 2018 Opinion or Order Filing 167 ORAL ORDER - Having reviewed Moon Express's letter and motion (D.I. #165 , #166 ), IT IS HEREBY ORDERED that: (i) Intuitive Machines shall file a response no later than February 5, 2018; (ii) Moon Express may, if it wishes, file a reply, which is due no later than 12:00 p.m. (noon) on February 6, 2018; and (iii) the Court will hear argument on the motion by teleconference on February 6, 2018 at 4:30 p.m. Counsel for Moon Express shall initiate the call to Chambers. Ordered by Judge Leonard P. Stark on 2/2/2018. (etg)
February 2, 2018 Opinion or Order Filing 166 Letter to Chief Judge Stark from David S. Eagle regarding Request for teleconference regarding the Emergency Motion to Seal Inadvertently Filed Documents - re #165 Emergency MOTION to Seal Document: #134 Letter, #136 Letter, #135 Letter, #133 Letter, / SEALED Emergency Motion to Seal Inadvertently-Filed Confidential Documents. (Eagle, David)
February 2, 2018 Opinion or Order SO ORDERED, re #164 Joint STIPULATION TO EXTEND TIME Briefing regarding the Equity Portion of the Jury's Verdict to Feb. 9, 2018, Feb. 19, 2018 and Feb. 26, 2018 filed by Intuitive Machines LLC. Signed by Judge Leonard P. Stark on 2/2/18. (ntl)
February 1, 2018 Opinion or Order Filing 165 Emergency MOTION to Seal Document: #134 Letter, #136 Letter, #135 Letter, #133 Letter, / SEALED Emergency Motion to Seal Inadvertently-Filed Confidential Documents - filed by Moon Express Inc.. (Attachments: #1 Exhibit A and B, #2 Proposed Order, #3 Certificate of Service)(Eagle, David) Modified on 2/9/2018 (ntl).
February 1, 2018 Opinion or Order Filing 164 Joint STIPULATION TO EXTEND TIME Briefing regarding the Equity Portion of the Jury's Verdict to Feb. 9, 2018, Feb. 19, 2018 and Feb. 26, 2018 - filed by Intuitive Machines LLC. (Nwaeze, Oderah)
February 1, 2018 Opinion or Order Filing 163 Official Transcript of Telephone Conference held on January 29, 2018 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 2/22/2018. Redacted Transcript Deadline set for 3/5/2018. Release of Transcript Restriction set for 5/2/2018. (bpg)
January 29, 2018 Opinion or Order Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 1/29/2018. (Court Reporter B. Gaffigan.) (ntl)
January 25, 2018 Opinion or Order Filing 162 ORAL ORDER: IT IS HEREBY ORDERED that a Telephone Conference is set for 1/29/2018 at 12:30 PM. Counsel for Defendant shall initiate the call to (302) 573-4571. ORDERED by Judge Leonard P. Stark on 1/25/18. (ntl)
January 24, 2018 Opinion or Order Filing 161 Letter to Hon. Leonard P. Stark from Oderah C. Nwaeze, Esquire regarding Juror Letters - re 159 Order,. (Nwaeze, Oderah)
January 23, 2018 Opinion or Order Filing 160 [SEALED] Letters received from jurors re 159 Oral Order. (Attachments: #1 Exhibit) (ntl)
January 23, 2018 Opinion or Order Filing 159 ORAL ORDER: The Court is today providing the parties with copies of two letters it received from jurors following the conclusion of trial. IT IS HEREBY ORDERED that the parties shall meet and confer and, no later than tomorrow, January 24, advise the Court as to what, if anything, the Court should do in response to these letters. ORDERED by Judge Leonard P. Stark on 1/23/18. (ntl)
January 22, 2018 Opinion or Order Filing 158 ORAL ORDER: Having reviewed the parties' joint status report (D.I. 156), IT IS HEREBY ORDERED that the parties' proposed schedule for briefing the equity/cash dispute (see id. at 2) is adopted. The Court has not yet determined when, or in what form, it will enter final judgment. ORDERED by Judge Leonard P. Stark on 1/22/18. (ntl)
January 19, 2018 Opinion or Order Filing 157 PROPOSED ORDER Defendant's [Proposed] Judgment Following Jury Trial re 153 Order, Court's Oral Order Requesting Submission of Proposed Form of Order or Final Judgment by Intuitive Machines LLC. (Nwaeze, Oderah)
January 19, 2018 Opinion or Order Filing 156 Joint STATUS REPORT Pursuant to Court's Oral Order (Dkt. 153) by Intuitive Machines LLC. (Nwaeze, Oderah)
January 19, 2018 Opinion or Order Filing 155 PROPOSED ORDER / Plaintiff's [Proposed] Judgment Following Jury Verdict re 153 Order, Court's Oral Order Requesting Submission of Proposed Form of Order or Final Judgment by Moon Express Inc.. (Eagle, David)
January 16, 2018 Opinion or Order Filing 154 ORDER directing that jurors be provided lunch (cc: Finance). Signed by Judge Leonard P. Stark on 1/16/18. (ntl)
January 16, 2018 Opinion or Order Filing 153 ORAL ORDER: In light of the conclusion of the five-day jury trial in which the jury returned a verdict in favor of Defendant Intuitive Machines LLC, IT IS HEREBY ORDERED that the parties shall, no later than January 19, 2018, submit a joint status report, indicating what, if anything, further they request the Court do in this matter, and at the same time submit any proposed form or order(s) or final judgment for the Court to enter. ORDERED by Judge Leonard P. Stark on 1/16/18. (ntl)
January 12, 2018 Opinion or Order Filing 152 REDACTED VERSION of #151 Jury Verdict. (ntl)
January 12, 2018 Opinion or Order Filing 151 [SEALED] JURY VERDICT. (ntl)
January 12, 2018 Opinion or Order Filing 150 VERDICT FORM. (ntl)
January 12, 2018 Opinion or Order Filing 149 Final Jury Instructions. (ntl)
January 12, 2018 Opinion or Order Minute Entry for proceedings held before Judge Leonard P. Stark - Jury Trial completed on 1/12/2018. (Court Reporter B. Gaffigan/V. Gunning.) (ntl)
January 11, 2018 Opinion or Order Minute Entry for proceedings held before Judge Leonard P. Stark - Jury Trial held on 1/11/2018. (Court Reporter B. Gaffigan/V. Gunning.) (ntl)
January 11, 2018 Opinion or Order Filing 148 VERDICT SHEET by Moon Express Inc. / Plaintiff's Revised Proposed Verdict Form. (Eagle, David)
January 11, 2018 Opinion or Order Filing 147 VERDICT SHEET by Intuitive Machines LLC Defendant Intuitive Machines LLC's Proposed Verdict Form and Letter to Chief Judge Stark regarding Proposed Verdict Form. (Attachments: #1 Letter to Chief Judge Stark regarding Verdict Form)(Nwaeze, Oderah)
January 10, 2018 Opinion or Order Minute Entry for proceedings held before Judge Leonard P. Stark - Jury Trial held on 1/10/2018. (Court Reporter B. Gaffigan/V. Gunning.) (ntl)
January 9, 2018 Opinion or Order Minute Entry for proceedings held before Judge Leonard P. Stark - Jury Trial held on 1/9/2018. (Court Reporter B. Gaffigan/V. Gunning.) (ntl)
January 9, 2018 Opinion or Order Filing 146 Proposed Jury Instructions by Intuitive Machines LLC Revised Proposed Joint Jury Instructions [With Areas of Dispute Noted]. (Nwaeze, Oderah)
January 9, 2018 Opinion or Order Filing 145 VERDICT SHEET by Intuitive Machines LLC Defendant's Revised [Proposed] Verdict Form Re: D.I. 114. (Attachments: #1 Exhibit A)(Nwaeze, Oderah)
January 9, 2018 Opinion or Order Filing 144 VERDICT SHEET by Moon Express Inc. / Revised [Proposed] Verdict Form Re: D.I. 116. (Eagle, David)
January 9, 2018 Opinion or Order Filing 143 Proposed Jury Instructions by Moon Express Inc. / Plaintiff's Revised Proposed Jury Instructions With Areas of Dispute Noted for January 8 - 12, 2018 Trial. (Eagle, David)
January 8, 2018 Opinion or Order Minute Entry for proceedings held before Judge Leonard P. Stark - Jury Trial held on 1/8/2018. (Court Reporter B. Gaffigan/V. Gunning.) (ntl)
January 8, 2018 Opinion or Order Filing 142 Exhibit List / Revised Trial Exhibit Lists by Moon Express Inc.. (Attachments: #1 Exhibit A Joint Trial Exhibit List, #2 Exhibit B Plaintiff's Trial Exhibit List, #3 Exhibit C Defendant's Trial Exhibit List)(Veghte, Sally)
January 8, 2018 Opinion or Order Filing 141 Preliminary Jury Instructions. (ntl)
January 8, 2018 Opinion or Order Filing 140 Voir Dire Questions. (ntl)
January 2, 2018 Opinion or Order Filing 139 MEMORANDUM ORDER regarding various disputes concerning contract interpretation and admission of evidence at trial. Signed by Judge Leonard P. Stark on 1/2/18. (ntl)
December 29, 2017 Opinion or Order Filing 138 EXHIBIT re #136 Letter, Substitute Exhibit A for D.I. 136 by Intuitive Machines LLC. (Nwaeze, Oderah)
December 29, 2017 Opinion or Order Filing 137 Letter to The Honorable Leonard P. Stark from David S. Eagle, Esquire (Counsel to Plaintiff Moon Express, Inc.) regarding Letter Brief to Preclude Defendant from Offering Voluminous Exhibits at Trial Including DTX-11, DTX-168 and DTX-215. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Eagle, David)
December 29, 2017 Opinion or Order Filing 136 Letter to Hon. Leonard P. Stark from Oderah C. Nwaeze regarding MEs Rule 408 Objections to Certain of IMs Proposed Exhibits. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Nwaeze, Oderah)
December 29, 2017 Opinion or Order Filing 135 Letter to The Honorable Leonard P. Stark from David S. Eagle, Esquire (Counsel to Plaintiff Moon Express, Inc.) regarding Letter Brief to Preclude Defendant from Offering as or Relying on Exhibits Containing Inadmissible Settlement Communications Pursuant to Fed.R.Evid. 408. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Eagle, David)
December 29, 2017 Opinion or Order Filing 134 Letter to Hon. Leonard P. Stark from Oderah C. Nwaeze regarding Admissibility of Exhibits Involving Shareholder Communications. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Nwaeze, Oderah)
December 29, 2017 Opinion or Order Filing 133 Letter to The Honorable Leonard P. Stark from David S. Eagle, Esquire (Counsel to Plaintiff Moon Express, Inc.) regarding Letter Brief to Preclude Defendant from Offering as or Relying on DTX-253 and DTX-272 Regarding Communications with Investors. (Attachments: #1 Exhibit A, #2 Exhibit B)(Eagle, David)
December 29, 2017 Opinion or Order Filing 132 Letter to Hon. Leonard P. Stark from Oderah Nwaeze regarding Admissibility of Defendants Lists of Software Files Delivered to Plaintiff. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Nwaeze, Oderah)
December 29, 2017 Opinion or Order Filing 131 Letter to The Honorable Leonard P. Stark from David S. Eagle, Esquire (Counsel to Plaintiff Moon Express, Inc.) regarding Letter Brief to Preclude Defendant from Using or Relying on Exhibit DTX-7 Regarding Alleged Damages. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Eagle, David)
December 29, 2017 Opinion or Order Filing 130 Letter to Hon. Leonard P. Start from Oderah C. Nwaeze regarding Admissibility of Detailed TRV-Related Costs Spreadsheet. (Attachments: #1 Exhibit A, #2 Exhibit B)(Nwaeze, Oderah)
December 28, 2017 Opinion or Order Filing 129 ANSWERING BRIEF in Opposition to Plaintiff's Opening Brief in Support of Its Construction of Section 3.3 of the TRV Contract [D.I. 126] filed by Intuitive Machines LLC.Reply Brief due date per Local Rules is 1/4/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Nwaeze, Oderah)
December 28, 2017 Opinion or Order Filing 128 ANSWERING BRIEF in Opposition to Defendant's Brief in Support of Establishing the Meaning of Certain Unambiguous Terms [D.I. 127] filed Pursuant to Order Setting Pre-Trial Briefing Schedule [D.I. 125] filed by Moon Express Inc..Reply Brief due date per Local Rules is 1/4/2018. (Eagle, David)
December 26, 2017 Opinion or Order Filing 127 OPENING BRIEF in Support DEFENDANT INTUITIVE MACHINES, LLC'S SUPPLEMENTAL BRIEF IN SUPPORT OF ESTABLISHING THE MEANING OF CERTAIN UNAMBIGUOUS CONTRACT TERMS filed by Intuitive Machines LLC.Answering Brief/Response due date per Local Rules is 1/9/2018. (Attachments: #1 Exhibit A)(Nwaeze, Oderah)
December 26, 2017 Opinion or Order Filing 126 OPENING BRIEF in Support of Plaintiff Moon Express, Inc.'s Construction of Section 3.3 of the TRV Contract filed Pursuant to Order Setting Pre-Trial Briefing Schedule [D.I. 125] filed by Moon Express Inc..Answering Brief/Response due date per Local Rules is 1/9/2018. (Attachments: #1 Exhibits A - C)(Eagle, David)
December 20, 2017 Opinion or Order Filing 125 ORDER setting pre-trial briefing schedule. Signed by Judge Leonard P. Stark on 12/20/2017. (etg)
December 18, 2017 Opinion or Order Filing 124 Official Transcript of Pretrial Conference held on December 15, 2017 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 1/8/2018. Redacted Transcript Deadline set for 1/18/2018. Release of Transcript Restriction set for 3/19/2018. (bpg)
December 18, 2017 Opinion or Order Filing 123 Joint STATUS REPORT Pursuant to the Court's Instructions at the December 15, 2017 Pretrial Conference by Moon Express Inc.. (Attachments: #1 Exhibit A Proposed Order, #2 Exhibit B Defendant's Exhibit List, #3 Exhibit C Plaintiff's Exhibit List)(Eagle, David)
December 15, 2017 Opinion or Order Minute Entry for proceedings held before Judge Leonard P. Stark - Pretrial Conference held on 12/15/2017. (Court Reporter B. Gaffigan.) (ntl)
December 14, 2017 Opinion or Order Filing 122 Proposed Jury Instructions by Moon Express Inc. Correction to Proposed Joint Jury Instructions Re: Docket No. 118 related to Conversion Instruction. (Eagle, David)
December 14, 2017 Opinion or Order Filing 121 DEPOSITION DESIGNATIONS filed by Moon Express Inc..(Eagle, David)
December 14, 2017 Opinion or Order Filing 120 MEMORANDUM ORDER regarding rulings on the motions in limine and other pretrial issues. Signed by Judge Leonard P. Stark on 12/14/17. (ntl)
December 14, 2017 Opinion or Order Filing 119 Proposed Jury Instructions by Intuitive Machines LLC Corrected Jury Instructions to replace certain instructions originally submitted. (Nwaeze, Oderah)
December 12, 2017 Opinion or Order Filing 118 Proposed Jury Instructions by Moon Express Inc. Proposed Joint Jury Instructions With Areas of Dispute Noted. (Eagle, David)
December 12, 2017 Opinion or Order Filing 117 Proposed Voir Dire by Moon Express Inc.. (Eagle, David)
December 12, 2017 Opinion or Order Filing 116 VERDICT SHEET by Moon Express Inc. . (Eagle, David)
December 12, 2017 Opinion or Order Filing 115 Proposed Voir Dire by Intuitive Machines LLC. (Nwaeze, Oderah)
December 12, 2017 Opinion or Order Filing 114 VERDICT SHEET by Intuitive Machines LLC . (Nwaeze, Oderah)
December 5, 2017 Opinion or Order Filing 113 Proposed Pretrial Order and Related Exhibits by Moon Express Inc.. (Attachments: #1 Exhibit A Joint Trial Exhibit List, #2 Exhibit B Plaintiff's Trial Exhibit List, #3 Exhibit C Defendant's Trial Exhibit List, #4 Exhibit D Briefing on Plaintiff's Motions in Limine, #5 Exhibit E Briefing on Defendant's Motions in Limine)(Eagle, David)
December 5, 2017 Opinion or Order Pro Hac Vice Attorney Kerry E. Slade for Moon Express Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (nmg)
November 21, 2017 Opinion or Order Filing 112 NOTICE of Appearance by Oderah C. Nwaeze on behalf of Intuitive Machines LLC (Nwaeze, Oderah)
November 20, 2017 Opinion or Order Filing 111 ORAL ORDER: IT IS HEREBY ORDERED that the pretrial conference on December 15 will take place in Courtroom 6B before Judge Stark. This case is no longer referred to Judge Burke, except for mediation. ORDERED by Judge Leonard P. Stark on 11/20/17. (ntl)
November 16, 2017 Opinion or Order Filing 110 NOTICE OF SERVICE of Plaintiff Moon Express, Inc.'s Notice of Deposition of Mark Gittleman and Michael Brieden filed by Moon Express Inc..(Eagle, David)
November 3, 2017 Opinion or Order SO ORDERED D.I. #109 MOTION for Pro Hac Vice Appearance of Attorney Kerry E. Slade filed by Moon Express Inc.. Ordered by Judge Christopher J. Burke on 11/3/2017. (dlb)
November 2, 2017 Opinion or Order Filing 109 MOTION for Pro Hac Vice Appearance of Attorney Kerry E. Slade - filed by Moon Express Inc.. (Attachments: #1 Certification, #2 Text of Proposed Order)Motions referred to Christopher J. Burke.(Eagle, David)
October 30, 2017 Opinion or Order Filing 108 ORDER re #102 REPORT AND RECOMMENDATION is ADOPTED; and #21 MOTION to Dismiss is GRANTED in part and DENIED in part. Signed by Judge Leonard P. Stark on 10/27/17. (ntl)
October 5, 2017 Opinion or Order Pro Hac Vice Attorney Kelly K. Huff for Intuitive Machines LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (dmp, )
October 5, 2017 Opinion or Order SO ORDERED, re #107 STIPULATION of Partial Dismissal Between the Parties Dismissing Counts IV and V of the First Amended Complaint Without Prejudice filed by Moon Express Inc. Signed by Judge Leonard P. Stark on 10/5/17. (ntl)
October 4, 2017 Opinion or Order Pro Hac Vice Attorney Kendra C. Oxholm for Intuitive Machines LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)
October 2, 2017 Opinion or Order Filing 107 STIPULATION of Partial Dismissal Between the Parties Dismissing Counts IV and V of the First Amended Complaint Without Prejudice re Oral Order,,, by Moon Express Inc.. (Eagle, David)
September 28, 2017 Opinion or Order Filing 106 MOTION for Pro Hac Vice Appearance of Attorney Kendra Clare Oxholm - filed by Intuitive Machines LLC. (Attachments: #1 Certification, #2 Text of Proposed Order)Motions referred to Christopher J. Burke.(Bellew, Sean)
September 28, 2017 Opinion or Order Filing 105 MOTION for Pro Hac Vice Appearance of Attorney Kelly K. Huff - filed by Intuitive Machines LLC. (Attachments: #1 Certification, #2 Text of Proposed Order)Motions referred to Christopher J. Burke.(Bellew, Sean)
September 28, 2017 Opinion or Order ORAL ORDER: The Court, having reviewed the parties' letters regarding dismissal of Plaintiff's trade secret claims (Counts IV and V), (D.I. 103, 104), HEREBY ORDERS that by no later than October 5, 2017, the parties shall file a joint stipulation of dismissal with respect to these claims. Alternatively, to the extent the parties have a dispute relating to the dismissal of such claims, by that date the parties shall file: (1) a joint two-page letter that not only sets out their respective positions regarding such dispute, but that also clearly describes the action(s) the parties wish the Court to take as to the claims; and (2) an accompanying motion(s) and proposed order(s) relating to such request(s) for relief. Ordered by Judge Christopher J. Burke on 9/28/2017. (dlb)
September 28, 2017 Opinion or Order SO ORDERED D.I. #106 MOTION for Pro Hac Vice Appearance of Attorney Kendra Clare Oxholm filed by Intuitive Machines LLC, #105 MOTION for Pro Hac Vice Appearance of Attorney Kelly K. Huff filed by Intuitive Machines LLC. Ordered by Judge Christopher J. Burke on 9/28/2017. (dlb)
September 27, 2017 Opinion or Order Filing 104 Letter to The Honorable Christopher J. Burke from Sean J. Bellew, Esquire regarding First Amended Complaint (Counts IV and V) - re Oral Order, #103 Letter,. (Bellew, Sean)
September 26, 2017 Opinion or Order Filing 103 Letter to The Honorable Christopher J. Burke from David S. Eagle, Esquire (Counsel for Plaintiff Moon Express, Inc.) regarding the Court's 9/22/17 Oral Order, Plaintiff Intends to Dismiss the Trade Secret Claims in the First Amended Complaint (Counts IV and V) Without Prejudice - re Oral Order,. (Eagle, David)
September 22, 2017 Opinion or Order Filing 102 REPORT AND RECOMMENDATIONS granting-in-part D.I. #21 MOTION to Dismiss Based upon Motion to Dismiss Counts II, III, IV, V, VI, AND VII of Plaintiff Moon Express Inc.'s First Amended Complaint filed by Intuitive Machines LLC. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 10/6/2017. Signed by Judge Christopher J. Burke on 9/22/2017. (dlb)
September 22, 2017 Opinion or Order ORAL ORDER: By no later than Tuesday, September 26, 2017, the parties shall jointly file a letter, of no more than two single-spaced pages, in which Plaintiff indicates whether or not it intends to dismiss the trade secret claims (Counts IV and V), and if so, whether Defendant has any objection.Ordered by Judge Christopher J. Burke on 9/22/2017. (dlb)
September 20, 2017 Opinion or Order Filing 101 Joint STIPULATION Witness Disclosures and Depositions by Intuitive Machines LLC. (Bellew, Sean)
September 20, 2017 Opinion or Order SO ORDERED D.I. #101 Stipulation re: Witness Disclosures and Depositions filed by Intuitive Machines LLC. Signed by Judge Christopher J. Burke on 9/20/2017. (dlb)
September 14, 2017 Opinion or Order SO ORDERED, re #100 Stipulation for the Joint Proposed Final Pretrial Order deadline to be extended filed by Moon Express Inc. Ordered by Judge Christopher J. Burke on 9/14/2017. (dlb)
September 13, 2017 Opinion or Order Filing 100 STIPULATION for the Joint Proposed Final Pretrial Order deadline to be extended by Moon Express Inc.. (Eagle, David)
September 12, 2017 Opinion or Order Filing 99 NOTICE OF SERVICE of Amended Notice of Deposition of James Cantrell filed by Intuitive Machines LLC.(Bellew, Sean)
September 6, 2017 Opinion or Order Filing 98 NOTICE OF SERVICE of Notice of Deposition of James Cantrell filed by Intuitive Machines LLC.(Bellew, Sean)
August 22, 2017 Opinion or Order ORAL ORDER: ORAL ORDER: With regard to the discovery dispute brought by Defendant Intuitive Machines, LLC ("IM"), (D.I. 85, 91, 95), the Court hereby GRANTS IM's motion. The Court determines that the financial information sought by disputed requests for production numbers 49-51 and 54 are relevant to IM's defenses and counterclaims, in that, at a minimum, they are relevant to IM's theory that completion of the flight software contract was impacted by financial pressures faced by Plaintiff Moon Express, Inc. ("ME"). (See, e.g., D.I. 23 at 15-16 at 44-46, 48-49) By no later than September 5, 2017, ME shall provide responsive documents to the above-referenced requests for production. Ordered by Judge Christopher J. Burke on 8/22/2017. (mlc)
August 22, 2017 Opinion or Order ORAL ORDER: With regard to the discovery dispute brought by Plaintiff Moon Express, Inc. ("ME") requesting extension of the discovery deadline to serve a Subpoena Duces Tecum on third-party Center for Advancement of Science in Space, Inc. ("CASIS"), (D.I. 82, 92, 94), the Court hereby DENIES ME's motion. The Court finds that to allow the requested discovery would necessitate an extension of Scheduling Order deadlines, since the Scheduling Order requires that "[a]ll discovery in this case shall be initiated so that it will be completed on or before July 28, 2017[,]" (D.I. 35 at 3(a) (certain emphasis added)), and ME did not serve the subpoena before the July 28, 2017 discovery deadline. The Court further finds that ME has not established good cause to extend the discovery deadline. To demonstrate the good cause necessary to allow for modification of a scheduling order, the moving party must first demonstrate that, despite its own diligent efforts, scheduling deadlines cannot be met. See MacQueen v. Union Carbide Corp., Civil Action No. 13-831-SLR-CJB, 2015 WL 167674, at *3 (D. Del. Jan. 8, 2015) (citing cases). Here, ME acknowledges that issues relating to CASIS were "pivotal" from the beginning of this case, (see D.I. 92 at 2), and, to that end, ME sought documents relating to CASIS from Defendant Intuitive Machines, LLC ("IM") early on in the case, (see D.I. 94 at 2). Despite this, and despite having IM's responsive documents relating to CASIS as early as March 7, 2017, (see id.), ME did not file a Notice of Intent to Serve a Subpoena on CASIS until the day of the discovery deadline. ME could have and should have sought material from CASIS much earlier, and therefore the Court finds that ME did not act diligently. Ordered by Judge Christopher J. Burke on 8/22/2017. (mlc)
August 22, 2017 Opinion or Order ORAL ORDER: ORAL ORDER: With regard to the discovery dispute brought by Plaintiff Moon Express, Inc. ("ME") requesting production of information redacted from documents produced by third-party SGT, Inc. ("SGT"), (D.I. 80, 90, 93), the Court hereby DENIES ME's motion. SGT has represented that the redacted subject matter relates exclusively to SGT's sensitive financial and business information, (D.I. 93 at 1), and it is clear that such materials are not called for the by various categories in the subpoena that ME served on SGT, (id., ex. 2). A third party is not required to produce materials to a party serving a subpoena if those materials are not responsive to any of the subpoena's requests. Here, the Court has no basis to question SGT's redactions or to believe that SGT has redacted anything other than the non-responsive material described above. Therefore, the Court has no basis to order SGT to provide ME, or ME's attorneys, with non-responsive information. Ordered by Judge Christopher J. Burke on 8/22/2017. (mlc)
August 22, 2017 Opinion or Order ORAL ORDER: Having resolved the parties' discovery disputes, the Court HEREBY ORDERS that today's 2:00 pm discovery dispute teleconference is CANCELLED. Ordered by Judge Christopher J. Burke on 8/22/2017. (mlc)
August 21, 2017 Opinion or Order Filing 97 NOTICE OF SERVICE of Amended Notice of Deposition of Robert Lindberg filed by Intuitive Machines LLC.(Bellew, Sean)
August 21, 2017 Opinion or Order Filing 96 Letter to Magistrate Judge Christopher J. Burke from David S. Eagle regarding regarding Oral Order dated August 1, 2017. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service)(Eagle, David)
August 21, 2017 Opinion or Order Filing 95 [SEALED] Letter to Magistrate Judge Christopher J. Burke from David S. Eagle regarding Oral Order dated August 1, 2017. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service)(Eagle, David)
August 21, 2017 Opinion or Order Filing 94 Letter to The Honorable Christopher J. Burke from Sean J. Bellew, Esq. (Counsel for Defendant Intuitive Machines, LLC) regarding CASIS Subpoena - re #92 Letter,. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Renck, Richard)
August 21, 2017 Opinion or Order Filing 93 Letter to The Honorable Christopher J. Burke from David A. Felice regarding Response to Plaintiff Moon Express, Inc.'s request for the production of redacted document. (Attachments: #1 Exhibit 2)(Felice, David)
August 17, 2017 Opinion or Order Filing 92 Letter to Magistrate Judge Christopher J. Burke from David S. Eagle regarding regarding the Courts Oral Order dated August 1, 2017 and the December 22, 2016 Joint Scheduling Order entered in this case regarding resolution of discovery disputes. This letter is also a follow-up to our letter submitted to the Court on July 28, 2017 - re #82 Letter, #35 Scheduling Order,. (Attachments: #1 Declaration of David S. Eagle and exhibits)(Eagle, David)
August 17, 2017 Opinion or Order Filing 91 Letter to The Honorable Christopher J. Burke from Sean J. Bellew, Esq. (Counsel for Defendant Intuitive Machines, LLC) regarding Discovery Dispute. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bellew, Sean)
August 17, 2017 Opinion or Order Filing 90 Letter to Magistrate Judge Christopher J. Burke from Raymond H. Lemisch regarding Plaintiffs Motion to Compel Production of Information redacted from documents produced by SGT, Inc. - re #80 Letter. (Attachments: #1 Declaration of Raymond Lemisch with exhibits)(Lemisch, Raymond)
August 17, 2017 Opinion or Order ORAL ORDER: The Court has reviewed the parties' recently-filed joint letter, (D.I. 89), and hereby ORDERS as follows: (1) With regard to the discovery dispute, the Court GRANTS the parties' request to extend the deadline for position letters (such that the new deadlines for such position letters are those set out in the joint letter).; (2) With regard to the case schedule, the Court GRANTS the parties' request that the case-dispositive motion deadline be extended to September 18, 2017.; (3) The pretrial conference scheduled for December 8, 2017 at 9:00am is moved to December 15, 2017 at 10:00 am, and will now be held before Judge Burke in Courtroom 2A. Ordered by Judge Christopher J. Burke on 8/17/2017. (dlb) Modified on 8/17/2017 (dlb).
August 16, 2017 Opinion or Order Filing 89 Joint Letter to The Honorable Christopher J. Burke from Sean J. Bellew, Esq. (Counsel for Defendant) on behalf of Plaintiff and Defendant regarding Joint request from the parties to amend the 8.1.17 oral order and the 12.22.16 scheduling order (D.I. #35) regarding timing of parties' letters regarding discovery disputes and to extend the dispositive motions deadline - re Oral Order,,,,, Set Deadlines/Hearings,,,, #35 Scheduling Order,. (Bellew, Sean)
August 7, 2017 Opinion or Order Filing 88 NOTICE OF SERVICE of Notice of Deposition of Robert Lindberg filed by Intuitive Machines LLC.(Bellew, Sean)
August 3, 2017 Opinion or Order ORAL ORDER: At the request of Defendant's counsel, (D.I. 87), the discovery dispute teleconference scheduled for August 23, 2017 at 11:00am is hereby rescheduled to August 22, 2017 at 2:00pm. Ordered by Judge Christopher J. Burke on 8/3/2017. (mlc)
August 2, 2017 Opinion or Order Filing 87 Letter to The Honorable Christopher J. Burke from Sean J. Bellew, Esq. regarding Scheduling Conflict - Discovery Dispute Teleconference - re Oral Order,,,,, Set Deadlines/Hearings,,,,. (Bellew, Sean)
August 1, 2017 Opinion or Order Filing 86 NOTICE OF SERVICE of Plaintiff Moon Express, Inc.'s Notice of Deposition of Stephen Altemus filed by Moon Express Inc..(Eagle, David)
August 1, 2017 Opinion or Order ORAL ORDER: The Court has reviewed the parties' recent letters regarding discovery disputes. (D.I. 80, 82, 85) It hereby ORDERS that the procedures for resolving a discovery dispute set out in paragraph 3(g) of the Scheduling Order will be altered as follows with regard to this dispute: (1) A discovery dispute teleconference will be held on Wednesday, August 23, 2017 at 11:00 AM; (2) Not less than ninety-six (96) hours prior to the teleconference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. Not less than forty-eight (48) hours prior to the teleconference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; and (3) Courtesy copies of the letters are to be hand delivered to the Clerk's Office within one hour of e-filing. Ordered by Judge Christopher J. Burke on 8/1/2017. (dlb)
July 31, 2017 Opinion or Order Filing 85 Letter to Hon. Christopher J. Burke from Sean J. Bellew regarding Discovery Teleconference. (Bellew, Sean)
July 31, 2017 Opinion or Order Filing 84 NOTICE OF SERVICE of Responses and Objections to Moon Express, Inc.'s Second Request for Production of Documents filed by Intuitive Machines LLC.(Bellew, Sean)
July 31, 2017 Opinion or Order Filing 83 NOTICE OF SERVICE of Responses and Objections to Moon Express, Inc.'s Second Set of Interrogatories filed by Intuitive Machines LLC.(Bellew, Sean)
July 28, 2017 Opinion or Order Filing 82 Letter to The Honorable Christopher J. Burke from David S. Eagle, Esquire as counsel for Plaintiff Moon Express, Inc. regarding the Request for a Discovery Teleconference to Resolve the Parties Dispute Over the Potential Extension of the July 28, 2017 Discovery Deadline to the Extent Necessary. (Eagle, David)
July 28, 2017 Opinion or Order Filing 81 NOTICE OF SERVICE of Intent to Serve Subpoena Directed to Third Party The Center for the Advancement of Science in Space, Inc. filed by Moon Express Inc.. (Attachments: #1 Exhibit A)(Eagle, David)
July 28, 2017 Opinion or Order Filing 80 Letter to The Honorable Christopher J. Burke from Raymond H. Lemisch, Esquire regarding Request for Discovery Teleconference to Resolve Issue Related to Documents Produced by Third Party SGT, Inc. in Response to Subpoena. (Lemisch, Raymond)
July 24, 2017 Opinion or Order Filing 79 NOTICE OF SERVICE of Plaintiff Moon Express, Inc.'s Amended Notice of Deposition Pursuant to Fed.R.Civ.P. 30(b)(6) Directed to Defendant Intuitive Machines, LLC filed by Moon Express Inc..(Eagle, David)
July 20, 2017 Opinion or Order Filing 78 NOTICE OF SERVICE of Plaintiff Moon Express, Inc.'s Responses to Defendant's Second Request for Production of Documents filed by Moon Express Inc..(Eagle, David)
July 20, 2017 Opinion or Order Filing 77 NOTICE OF SERVICE of Notice of Deposition of Robert Noteboom filed by Intuitive Machines LLC.(Bellew, Sean)
July 19, 2017 Opinion or Order Filing 76 Official Transcript of Oral Argument Hearing held on May 4, 2017 before Judge Christopher J. Burke. Court Reporter Taneha Carroll of Hawkins Reporting Service, Telephone (302) 658-6697. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 8/9/2017. Redacted Transcript Deadline set for 8/21/2017. Release of Transcript Restriction set for 10/17/2017. (bpg)
July 12, 2017 Opinion or Order Filing 75 ORDER Resetting Mediation Conference: A Mediation Conference is set for 8/15/2017 at 10:00 AM in Courtroom 2A before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 7/12/2017. (dlb)
July 7, 2017 Opinion or Order Filing 74 NOTICE OF SERVICE of Plaintiff Moon Express, Inc.s Notice of Deposition of Kam Ghaffarian filed by Moon Express Inc..(Eagle, David)
June 30, 2017 Opinion or Order Filing 73 Joint STATUS REPORT - Parties' Joint Interim Status Report in Accordance with Paragraph 10 of the Joint Scheduling Order by Moon Express Inc.. (Eagle, David)
June 29, 2017 Opinion or Order Filing 72 NOTICE OF SERVICE of Notice of Deposition of Robert D. Richards filed by Intuitive Machines LLC.(Bellew, Sean)
June 28, 2017 Opinion or Order Filing 71 NOTICE OF SERVICE of Plaintiff Moon Express, Inc.'s Notice of Deposition Pursuant to Fed.R.Civ.P. 30(b)(6) Directed to Defendant Intuitive Machines, LLC filed by Moon Express Inc..(Eagle, David)
June 23, 2017 Opinion or Order Filing 70 NOTICE OF SERVICE of Plaintiff Moon Express, Inc.s Initial Disclosures Pursuant to Fed.R.Civ.P. 26(a)(2)(C) filed by Moon Express Inc..(Eagle, David)
June 21, 2017 Opinion or Order Filing 69 NOTICE OF SERVICE of Plaintiffs Second Request for Production of Documents Directed to Defendant Intuitive Machines, LLC filed by Moon Express Inc..(Eagle, David)
June 19, 2017 Opinion or Order Filing 68 NOTICE OF SERVICE of Plaintiff Moon Express, Inc.'s Second Set of Interrogatories Directed to Defendant Intuitive Machines, LLC filed by Moon Express Inc..(Eagle, David)
June 16, 2017 Opinion or Order Filing 67 NOTICE OF SERVICE of Defendant's Second Request for Production of Documents Directed to Plaintiff filed by Intuitive Machines LLC.(Bellew, Sean)
June 7, 2017 Opinion or Order ORAL ORDER: The Court, having reviewed Plaintiff's May 26, 2017 letter requesting a discovery teleconference regarding a further (fourth) extension of the deadline to join Axiom Space, LLC ("Axiom") as a party to this case, (D.I. 65), and Defendant's June 2, 2017 responsive letter, (D.I. 66), HEREBY ORDERS that Plaintiff's request is DENIED. While Plaintiff asserts that it "requires additional time to discuss the search parameters and [document] production with Axiom" relating to Plaintiff's third-party subpoena directed to Axiom, (D.I. 65 at 2), the Court agrees with Defendant that Plaintiff could have acted more quickly to contact Axiom's lawyer to discuss Axiom's May 19, 2017 document production and to put this issue before the Court sooner (if warranted) following that discussion. (D.I. 66 at 1-2) The Court also notes Axiom's counsel's representation that there are no additional documents responsive to the subpoena. (Id., ex. 1 at 1) This ruling, of course, does not foreclose Plaintiff from later bringing a separate lawsuit against Axiom. Nor does it prohibit Plaintiff from later moving the Court to permit amendment of the Scheduling Order in this case to allow addition of Axiom as a party, pursuant to Federal Rule of Civil Procedure 16(b)(4), if there is good cause to do so. Ordered by Judge Christopher J. Burke on 6/7/2017. (dlb)
June 2, 2017 Opinion or Order Filing 66 Letter to Magistrate Judge Burke from Sean J. Bellew regarding Defendant Intuitive Machines' opposition to Plaintiff Moon Express' request to extend the deadline for joining Axiom for the fourth time - re Oral Order,, #65 Letter. (Attachments: #1 Copy of June 2, 2017 letter from David Felice, Esq. to David Eagle, Esq. regarding production of responsive documents)(Bellew, Sean)
June 1, 2017 Opinion or Order SO ORDERED D.I. #64 MOTION for Pro Hac Vice Appearance of Attorney Dennis H. Walters filed by Moon Express Inc. Ordered by Judge Christopher J. Burke on 6/1/2017. (dlb)
May 31, 2017 Opinion or Order ORAL ORDER: The Court, having reviewed Plaintiff's May 26, 2017 letter requesting a discovery teleconference regarding a further extension of the deadline to join Axiom Space, LLC ("Axiom") as a party to this case, (D.I. 65), HEREBY ORDERS that by no later than June 2, 2017, Defendant shall file a letter of no more than two-single spaced pages that sets out: (1) whether it would agree to a further extension of the deadline to join Axiom to June 9, 2017; and (2) if it objects to such an extension, its reason(s) for its opposition. Ordered by Judge Christopher J. Burke on 5/31/2017. (dlb)
May 26, 2017 Opinion or Order Filing 65 Letter to Magistrate Judge Christopher J. Burke from David S. Eagle, Esquire on behalf of Plaintiff Moon Express Inc. regarding Discovery Dispute related to further extension of deadline to join Axiom Space, LLC as a party. (Eagle, David)
May 24, 2017 Opinion or Order Filing 64 MOTION for Pro Hac Vice Appearance of Attorney Dennis H. Walters - filed by Moon Express Inc.. Motions referred to Christopher J. Burke.(Eagle, David)
May 16, 2017 Opinion or Order Filing 63 MOTION for Hearing Teleconference Regarding Discovery Dispute With Axiom Space, LLC Related to Subpoena - filed by Moon Express Inc.. (Attachments: #1 Certificate of Service)Motions referred to Christopher J. Burke.(Eagle, David)
May 16, 2017 Opinion or Order ORAL ORDER: The Court, having reviewed the letters submitted by Plaintiff, (D.I. 59), and third-party Axiom Space, LLC ("Axiom"), (D.I. 61), regarding the pending discovery dispute, (D.I. #63 ), and understanding that Axiom does not object to Plaintiffs requested relief, HEREBY ORDERS that Axiom produce all responsive, non-privileged documents by May 24, 2017. In light of this order, the teleconference scheduled for Wednesday, May 17, 2017 at 1:00 p.m. is HEREBY CANCELLED. Plaintiff's counsel is HEREBY ORDERED to advise Axiom's counsel of this Order.. Ordered by Judge Christopher J. Burke on 5/16/2017. (mlc)
May 15, 2017 Opinion or Order Filing 62 STIPULATION TO EXTEND TIME Within Which Plaintiff Moon Express, Inc. and Defendant Intuitive Machines, LLC May Move to Amend the Pleadings to Join Axiom Space, LLC as a Party to May 26, 2017 - filed by Moon Express Inc.. (Eagle, David)
May 15, 2017 Opinion or Order Filing 61 Letter to The Honorable Christopher J. Burke from David A. Felice regarding Axiom Space LLC's Response to Plaintiff Moon Express Inc.'s Letter regarding Discovery Dispute related to Subpoena Duces Tecum - re #59 Letter,. (Felice, David)
May 15, 2017 Opinion or Order ORAL ORDER: In connection with the pending discovery dispute, (D.I. #57 ), the Court hereby ORDERS that by no later than noon on May 16, 2017, Plaintiff shall file a "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.Ordered by Judge Christopher J. Burke on 5/15/2017. (mlc)
May 15, 2017 Opinion or Order SO ORDERED D.I. #62 STIPULATION TO EXTEND TIME Within Which Plaintiff Moon Express, Inc. and Defendant Intuitive Machines, LLC May Move to Amend the Pleadings to Join Axiom Space, LLC as a Party to May 26, 2017 filed by Moon Express Inc. Ordered by Judge Christopher J. Burke on 5/15/2017. (mlc)
May 12, 2017 Opinion or Order Filing 60 NOTICE OF SERVICE of Defendant's Notice of Deposition of Naveen Jain filed by Intuitive Machines LLC.(Bellew, Sean)
May 11, 2017 Opinion or Order Filing 59 Letter to Magistrate Judge Christopher J. Burke from David S. Eagle, Esquire on behalf of Plaintiff Moon Express Inc. regarding Discovery Dispute related to Subpoena Duces Tecum Served on Third Party Axiom Space, LLC - re #57 Letter, Order Setting Teleconference,,,,. (Attachments: #1 Declaration of David S. Eagle and Exhibits)(Eagle, David)
May 4, 2017 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke - Oral Argument held on 5/4/2017 regarding D.I. #21 MOTION to Dismiss Based upon Motion to Dismiss Counts II, III, IV, V, VI, AND VII of Plaintiff Moon Express Inc.'s First Amended Complaint filed by Intuitive Machines LLC. The Court took the matter under advisement and will issue a written opinion. (Court Reporter Taneha Carroll (Hawkins). Clerk: M. Crawford.) Appearances: D. Eagle for Plaintiff; O. Nwaeze, D. Wolfsohn, S. Jeskie for Defendant. (mlc)
May 3, 2017 Opinion or Order ORAL ORDER: The Court has reviewed Plaintiff's April 27, 2017 letter regarding a discovery dispute. (D.I. #57 ) It hereby ORDERS that the procedures for resolving a discovery dispute set out in paragraph 3(g) of the Scheduling Order will be altered as follows with regard to this dispute: (1) A discovery dispute teleconference will be held on Wednesday, May 17, 2017 at 01:00 PM; (2) Not less than ninety-six (96) hours prior to the teleconference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. Not less than forty-eight (48) hours prior to the teleconference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; and (3) Courtesy copies of the letters are to be hand delivered to the Clerk's Office within one hour of e-filing. Ordered by Judge Christopher J. Burke on 5/3/2017. (mlc)
April 28, 2017 Opinion or Order SO ORDERED D.I. #58 STIPULATION TO EXTEND TIME for plaintiff Moon Express, Inc. and defendant Intuitive Machines, LLC to amend pleadings or join parties to May 15, 2017 filed by Moon Express Inc. Ordered by Judge Christopher J. Burke on 4/28/2017. (dlk)
April 27, 2017 Opinion or Order Filing 58 STIPULATION TO EXTEND TIME for plaintiff Moon Express, Inc. and defendant Intuitive Machines, LLC to amend pleadings or join parties to May 15, 2017 - filed by Moon Express Inc.. (Eagle, David)
April 27, 2017 Opinion or Order Filing 57 Letter to The Honorable Christopher J. Burke from David S. Eagle, Esquire on behalf of Plaintiff Moon Express Inc. regarding Request for Discovery Teleconference to Resolve Issue Related to Subpoena Directed to Third Party Axiom Space, LLC. (Eagle, David)
April 13, 2017 Opinion or Order Filing 56 Official Transcript of Telephone Conference held on April 6, 2017 before Judge Christopher J. Burke. Court Reporter Taneha Carroll of Hawkins Reporting Service, Telephone (302) 658-6697. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 5/4/2017. Redacted Transcript Deadline set for 5/15/2017. Release of Transcript Restriction set for 7/12/2017. (bpg)
April 11, 2017 Opinion or Order Filing 55 ORDER Resetting Mediation Conference: A Mediation Conference is set for 6/13/2017 at 09:00 AM in Courtroom 2A before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 4/11/2017. (dlk)
April 6, 2017 Opinion or Order Minute Entry for proceedings held before Judge Christopher J. Burke: Telephone Conference held on 4/6/2017 regarding D.I. #50 Motion for Discovery Dispute Hearing. The Court GRANTED Plaintiff's motion. The substance of the Court's order will be reflected in the Transcript. Amended Pleadings due by 4/28/2017, Joinder of Parties due by 4/28/2017.; Motions terminated: #50 MOTION for Hearing Teleconference to Resolve Discovery Dispute filed by Moon Express Inc.(Court Reporter Taneha Carroll (Hawkins). Clerk: Crawford) Appearances: D. Eagle for Plaintiff; O. Nwaeze, D. Wolfsohn for Defendants. (mlc)
April 5, 2017 Opinion or Order Filing 54 Letter to The Honorable Christopher J. Burke from David S. Eagle, Esquire on behalf of Plaintiff Moon Express Inc. regarding Reply to Discovery Dispute related to Extension of Deadline for Joinder of Other Parties and Amendment of Pleadings - re #52 Letter, #53 Letter, Oral Order,,. (Eagle, David)
April 5, 2017 Opinion or Order ORAL ORDER: Having reviewed the parties' recent letters, (D.I. #52 , #53 ) regarding Plaintiff's discovery dispute, (D.I. #50 ), the Court HEREBY ORDERS that by no later than 5:00 p.m. EST today, Plaintiff shall file a letter of no more than two pages indicating whether it agrees with Defendant's conditions set out in Defendant's letter, (D.I. 53 at 1), for extending the deadline to amend pleadings until April 28, 2017. If Plaintiff does agree, the discovery dispute will be moot; if it does not, the discovery dispute teleconference will proceed tomorrow as scheduled. Ordered by Judge Christopher J. Burke on 4/5/2017. (mlc)
April 4, 2017 Opinion or Order Filing 53 Letter to The Honorable Christopher J. Burke from Sean J. Bellew, Esq. on behalf of Defendant Intuitive Machines, LLC regarding Response to discovery dispute - re #52 Letter,. (Bellew, Sean)
March 31, 2017 Opinion or Order Filing 52 Letter to Magistrate Judge Christopher J. Burke from David S. Eagle, Esquire (Counsel for Plaintiff Moon Express, Inc.) regarding Discovery Dispute related to Extension of Deadline for Joinder of Other Parties and Amendment of Pleadings - re Order Setting Teleconference,,,,. (Eagle, David)
March 21, 2017 Opinion or Order ORAL ORDER: The Court has reviewed the parties' March 17, 2017 letter regarding a discovery dispute. (D.I. 51) It hereby ORDERS that the procedures for resolving a discovery dispute set out in paragraph 3(g) of the Scheduling Order will be altered as follows with regard to this dispute: (1) A discovery dispute teleconference will be held on Thursday, April 6, 2017 at 3:00 PM; (2) Not less than ninety-six (96) hours prior to the teleconference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. Not forty-eight (48) hours prior to the teleconference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; and (3) Courtesy copies of the letters are to be hand delivered to the Clerk's Office within one hour of e-filing. Ordered by Judge Christopher J. Burke on 3/21/2017. (dlk)
March 20, 2017 Opinion or Order Filing 51 Letter to Judge Burke from David S. Eagle regarding Parties are unable to agree regarding discovery dispute - re #50 MOTION for Hearing Teleconference to Resolve Discovery Dispute. (dlk)
March 20, 2017 Opinion or Order Filing 50 MOTION for Hearing Teleconference to Resolve Discovery Dispute - filed by Moon Express Inc.. (Attachments: #1 Proposed Order, #2 Certificate of Service)Motions referred to Christopher J. Burke.(Eagle, David)
March 7, 2017 Opinion or Order Filing 49 ORDER Setting Mediation Conference: A Mediation Conference is set for 5/30/2017 at 10:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 3/7/2017. (dlk)
February 28, 2017 Opinion or Order Filing 48 NOTICE OF SERVICE of Responses and Objections to Moon Express, Inc.'s First Set of Interrogatories filed by Intuitive Machines LLC.(Bellew, Sean)
January 30, 2017 Opinion or Order Filing 47 ORDER Setting Mediation Conference: A Telephone Conference is set for 2/13/2017 at 10:45 AM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 1/30/2017. (dlk)
January 26, 2017 Opinion or Order ORAL ORDER resetting Hearing on Motion D.I. 21 MOTION to Dismiss Based upon Motion to Dismiss Counts II, III, IV, V, VI, AND VII of Plaintiff Moon Express Inc.'s First Amended Complaint : The Motion Hearing set for 4/13/2017 is now rescheduled for 5/4/2017 at 03:00 PM in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 1/26/2017. (dlk)
January 25, 2017 Opinion or Order Filing 46 NOTICE OF SERVICE of Plaintifff Moon Express, Inc.'s First Set of Interrogatories Directed to Defendant Intuitive Machines, LLC filed by Moon Express Inc..(Eagle, David)
January 19, 2017 Opinion or Order ORAL ORDER Setting Hearing on Motion D.I. #21 MOTION to Dismiss Based upon Motion to Dismiss Counts II, III, IV, V, VI, AND VII of Plaintiff Moon Express Inc.'s First Amended Complaint : A Motion Hearing is set for 4/13/2017 at 03:00 PM in Courtroom 2A before Judge Christopher J. Burke. Each side is allocated 1 hour for argument. Ordered by Judge Christopher J. Burke on 1/19/2017. (mlc)
January 17, 2017 Opinion or Order Filing 45 NOTICE OF SERVICE of Plaintiff's Responses to Defendant's First Set of Interrogatories filed by Moon Express Inc..(Eagle, David)
January 12, 2017 Opinion or Order Filing 44 NOTICE OF SERVICE of Plaintiff Moon Express, Inc.'s Responses to Defendant's First Request for Production of Documents filed by Moon Express Inc..(Eagle, David)
January 12, 2017 Opinion or Order Filing 43 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Intuitive Machines LLC. (Bellew, Sean)
January 11, 2017 Opinion or Order SO ORDERED D.I. #41 Proposed Protective Order filed by Moon Express Inc., and #42 Proposed Order governing ESI and document production filed by Moon Express Inc. Ordered by Judge Christopher J. Burke on 1/11/2017. (dlk)
January 10, 2017 Opinion or Order Filing 42 PROPOSED ORDER Stipulated ESI and Document Production Protocol by Moon Express Inc.. (Eagle, David)
January 10, 2017 Opinion or Order Filing 41 PROPOSED ORDER Stipulated Protective Order for the Production and Exchange of Confidential Information by Moon Express Inc.. (Eagle, David)
January 9, 2017 Opinion or Order Filing 40 NOTICE OF SERVICE of Intuitive Machines, LLC's Responses and Objections to Moon Express, Inc's First Request for Production of Documents filed by Intuitive Machines LLC.(Bellew, Sean)
January 6, 2017 Opinion or Order Filing 39 ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke: IT IS HEREBY ORDERED that the above captioned case is referred to Magistrate Judge Christopher J. Burke to hear and resolve all pretrial matters, up to and including the resolution of case-dispositive motions, subject to 28 U.S.C. 636(b) and any further Order of the Court; all subsequent filings in this action shall be captioned as follows: Civil Action No. 16-344-LPS-CJB. ORDERED by Judge Leonard P. Stark on 1/6/17. (ntl)
January 6, 2017 Opinion or Order SO ORDERED D.I. #38 STIPULATION TO EXTEND TIME Deadline to file Rule 26(a)(1) Initial Disclosures; Deadline to substantially complete document production relating to claims and defenses associated with Plaintiff's breach of contract claim, and Defendant's breac filed by Intuitive Machines LLC. Ordered by Judge Christopher J. Burke on 1/6/2016. (dlk)
January 5, 2017 Opinion or Order Filing 38 STIPULATION TO EXTEND TIME Deadline to file Rule 26(a)(1) Initial Disclosures; Deadline to substantially complete document production relating to claims and defenses associated with Plaintiff's breach of contract claim, and Defendant's breach of contract counterclaim to Deadline to file Rule 26(a)(1) Initial Disclosures extended to January 4, 2017; Deadline to substantially complete document production relating to claims and defenses associated with Plaintiff's breach of contract claim, and Defendant's breach of contract counterclaim extended to February 24, 2017 - filed by Intuitive Machines LLC. (Bellew, Sean)
January 4, 2017 Opinion or Order Filing 37 NOTICE OF SERVICE of Plaintiff Moon Express, Inc.'s Initial Disclosures Pursuant to Fed.R.Civ.P. 26(a)(1) filed by Moon Express Inc..(Eagle, David)
January 4, 2017 Opinion or Order Filing 36 NOTICE OF SERVICE of Intuitive Machines, LLC's Initial Disclosures Pursuant to Fed.R.Civ.P. 26(a)(1) filed by Intuitive Machines LLC.(Bellew, Sean)
December 22, 2016 Opinion or Order CASE REFERRED to Magistrate Judge Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (dlk)
December 22, 2016 Opinion or Order Filing 35 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Discovery due by 7/28/2017. Status Report due by 6/30/2017. Dispositive Motions due by 8/18/2017. Proposed Pretrial Order due by 11/27/2017. A Final Pretrial Conference is set for 12/8/2017 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A 5-day Jury Trial is set for 1/8/2018 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 12/22/16. (ntl)
December 13, 2016 Opinion or Order Filing 34 NOTICE OF SERVICE of Defendant's First Request for Production of Documents Directed to Plaintiff Moon Express, Inc. filed by Intuitive Machines LLC.(Bellew, Sean)
December 12, 2016 Opinion or Order Filing 33 NOTICE OF SERVICE of Defendant Intuitive Machine's First Set of Interrogatories Directed to Plaintiff Moon Express filed by Intuitive Machines LLC.(Bellew, Sean)
December 9, 2016 Opinion or Order Filing 32 NOTICE OF SERVICE of Plaintiff's First Request for Production of Documents Directed to Defendant Intuitive Machines, LLC filed by Moon Express Inc..(Eagle, David)
December 2, 2016 Opinion or Order Filing 31 SUBPOENA Returned Executed as to Axiom Space, LLC on December 2, 2016 (Attachments: #1 Notice of Acceptance of Service of Subpoena Duces Tecum to Axiom Space, LLC)(Eagle, David)
December 1, 2016 Opinion or Order CORRECTING ENTRY: D.I. 31 removed as per Counsel's request. (etg)
November 9, 2016 Opinion or Order Filing 30 PROPOSED ORDER [Proposed] Scheduling Order by Moon Express Inc.. (Attachments: #1 Letter to The Honorable Leonard P. Stark)(Eagle, David)
October 26, 2016 Opinion or Order Filing 29 ORAL ORDER: IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposal, including a proposal for the length and timing of trial, to the Court no later than November 9, 2016. The parties are to review the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Stark, Forms). ORDERED by Judge Leonard P. Stark on 10/26/16. (ntl)
October 17, 2016 Opinion or Order Filing 28 Letter to The Honorable Leonard P. Stark from Sean J. Bellew, Esq. (Counsel for Defendant Intuitive Machines, LLC) regarding Request that Court schedule oral argument on Defendant Intuitive Machines, LLC's Motion to Dismiss Counts II-VII of Plaintiff's First Amended Complaint - re #21 MOTION to Dismiss Based upon Motion to Dismiss Counts II, III, IV, V, VI, AND VII of Plaintiff Moon Express Inc.'s First Amended Complaint, #22 Opening Brief in Support, #27 Answering Brief in Opposition,,. (Bellew, Sean)
October 12, 2016 Opinion or Order SO ORDERED, re #26 Second STIPULATION TO EXTEND TIME to October 10, 2016 for plaintiff Moon Express, Inc. to Respond to defendant Intuitive Machines, LLC's Motion to Dismiss the Amended Complaint to October 10, 2016 filed by Moon Express Inc. Signed by Judge Leonard P. Stark on 10/11/16. (ntl)
October 10, 2016 Opinion or Order Filing 27 ANSWERING BRIEF in Opposition re #21 MOTION to Dismiss Based upon Motion to Dismiss Counts II, III, IV, V, VI, AND VII of Plaintiff Moon Express Inc.'s First Amended Complaint, #26 Second STIPULATION TO EXTEND TIME to October 10, 2016 for plaintiff Moon Express, Inc. to Respond to defendant Intuitive Machines, LLC's Motion to Dismiss the Amended Complaint to October 10, 2016 filed by Moon Express Inc..Reply Brief due date per Local Rules is 10/20/2016. (Attachments: #1 Certificate of Service)(Eagle, David)
October 7, 2016 Opinion or Order Filing 26 Second STIPULATION TO EXTEND TIME to October 10, 2016 for plaintiff Moon Express, Inc. to Respond to defendant Intuitive Machines, LLC's Motion to Dismiss the Amended Complaint to October 10, 2016 - filed by Moon Express Inc.. (Eagle, David)
September 21, 2016 Opinion or Order Filing 25 ANSWER to #23 Answer to Amended Complaint, Counterclaim by Moon Express Inc.. (Attachments: #1 Certificate of Service)(Eagle, David)
September 19, 2016 Opinion or Order SO ORDERED, re #24 STIPULATION TO EXTEND TIME to October 7, 2016 for plaintiff Moon Express, Inc. to Respond to defendant Intuitive Machines, LLC's Motion to Dismiss the Amended Complaint filed by Moon Express Inc. Signed by Judge Leonard P. Stark on 9/19/16. (ntl)
September 15, 2016 Opinion or Order Filing 24 STIPULATION TO EXTEND TIME to October 7, 2016 for plaintiff Moon Express, Inc. to Respond to defendant Intuitive Machines, LLC's Motion to Dismiss the Amended Complaint - filed by Moon Express Inc.. (Eagle, David)
August 31, 2016 Opinion or Order Filing 23 ANSWER to Amended Complaint, re: #19 Amended Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Intuitive Machines LLC. (Attachments: #1 Certificate of Service)(Bellew, Sean)
August 31, 2016 Opinion or Order Filing 22 OPENING BRIEF in Support re #21 MOTION to Dismiss Based upon Motion to Dismiss Counts II, III, IV, V, VI, AND VII of Plaintiff Moon Express Inc.'s First Amended Complaint filed by Intuitive Machines LLC.Answering Brief/Response due date per Local Rules is 9/19/2016. (Attachments: #1 Exhibit A)(Bellew, Sean)
August 31, 2016 Opinion or Order Filing 21 MOTION to Dismiss Based upon Motion to Dismiss Counts II, III, IV, V, VI, AND VII of Plaintiff Moon Express Inc.'s First Amended Complaint - filed by Intuitive Machines LLC. (Bellew, Sean)
August 19, 2016 Opinion or Order Filing 20 ANSWER to #14 Answer to Complaint, Counterclaim by Moon Express Inc.. (Attachments: #1 Certificate of Service)(Eagle, David)
August 17, 2016 Opinion or Order Filing 19 First AMENDED COMPLAINT against Intuitive Machines LLC- filed by Moon Express Inc.. (Attachments: #1 Certificate of Service)(Eagle, David)
August 16, 2016 Opinion or Order SO ORDERED, re #18 STIPULATION TO EXTEND TIME for plaintiff Moon Express, Inc. to Respond to the Motion to Dismiss filed by defendant Intuitive Machines LLC to August 17, 2016 filed by Moon Express Inc. Signed by Judge Leonard P. Stark on 8/16/16. (ntl)
August 15, 2016 Opinion or Order Filing 18 STIPULATION TO EXTEND TIME for plaintiff Moon Express, Inc. to Respond to the Motion to Dismiss filed by defendant Intuitive Machines LLC to August 17, 2016 - filed by Moon Express Inc.. (Eagle, David)
August 8, 2016 Opinion or Order Pro Hac Vice Attorney Sandra A. Jeskie for Intuitive Machines LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (klc)
August 5, 2016 Opinion or Order SO ORDERED, re #17 MOTION for Pro Hac Vice Appearance of Attorney Sandra A. Jeskie filed by Intuitive Machines LLC. Signed by Judge Leonard P. Stark on 8/5/16. (ntl)
August 4, 2016 Opinion or Order Filing 17 MOTION for Pro Hac Vice Appearance of Attorney Sandra A. Jeskie - filed by Intuitive Machines LLC. (Bellew, Sean)
July 29, 2016 Opinion or Order Filing 16 OPENING BRIEF in Support re #15 MOTION to Dismiss for Failure to State a Claim filed by Intuitive Machines LLC.Answering Brief/Response due date per Local Rules is 8/15/2016. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Bellew, Sean)
July 29, 2016 Opinion or Order Filing 15 MOTION to Dismiss for Failure to State a Claim - filed by Intuitive Machines LLC. (Attachments: #1 Text of Proposed Order)(Bellew, Sean)
July 29, 2016 Opinion or Order Filing 14 ANSWER to #2 Complaint with Jury Demand , COUNTERCLAIM against Moon Express Inc. by Intuitive Machines LLC.(Bellew, Sean)
July 5, 2016 Opinion or Order Filing 13 SUBPOENA Returned Executed as to SGT, Inc. c/o Registered Agent CSC Lawyer Incorporating Service Company on 06/27/16 (Attachments: #1 Affidavit of Service of Subpoena on Registerd Agent for SGT, Inc.)(Veghte, Sally)
July 5, 2016 Opinion or Order Filing 12 SUBPOENA Returned Executed as to SGT, Inc. on 06/28/16 (Attachments: #1 Affidavit of Subpoena on SGT, Inc.)(Veghte, Sally)
July 5, 2016 Opinion or Order Pro Hac Vice Attorney David J. Wolfsohn for Intuitive Machines LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (cna)
July 1, 2016 Opinion or Order Filing 11 MOTION for Pro Hac Vice Appearance of Attorney David J. Wolfsohn - filed by Intuitive Machines LLC. (Bellew, Sean)
July 1, 2016 Opinion or Order SO ORDERED, re #11 MOTION for Pro Hac Vice Appearance of Attorney David J. Wolfsohn filed by Intuitive Machines LLC. Signed by Judge Leonard P. Stark on 7/1/16. (ntl)
June 27, 2016 Opinion or Order SO ORDERED, re #10 Stipulation and Order re response to complaint due 7/29/16 filed by Intuitive Machines LLC. Signed by Judge Leonard P. Stark on 6/27/16. (ntl)
June 23, 2016 Opinion or Order Filing 10 STIPULATION Stipulation to Extend Time to July 29, 2016 for Defendant Intuitive Machines, LLC to respond to the Complaint by Intuitive Machines LLC. (Bellew, Sean)
June 23, 2016 Opinion or Order Filing 9 NOTICE of Appearance by Sean J. Bellew on behalf of Intuitive Machines LLC (Bellew, Sean)
June 21, 2016 Opinion or Order Filing 8 REDACTED VERSION of #4 Order, #2 Complaint by Moon Express Inc.. (Eagle, David)
June 17, 2016 Opinion or Order Filing 7 SUMMONS Returned Executed by Moon Express Inc.. Intuitive Machines LLC served on 6/13/2016, answer due 7/5/2016. (Attachments: #1 Proof of Service on Steve Altemus at Intuitive Machines, LLC's Houston, TX Location)(Veghte, Sally)
June 17, 2016 Opinion or Order Filing 6 SUMMONS Returned Executed by Moon Express Inc.. Intuitive Machines LLC served on 6/8/2016, answer due 6/29/2016. (Attachments: #1 Proof of Service on Registered Agent Corporation Service Company for Intuitive Machines, LLC)(Veghte, Sally)
May 18, 2016 Opinion or Order Filing 5 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Moon Express Inc.. (Eagle, David)
May 18, 2016 Opinion or Order Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (bkb)
May 12, 2016 Opinion or Order Filing 4 ORDER Granting #1 MOTION for Leave to File. Within seven days of service of the Complaint on Defendant, absent further order of the Court, Plaintiff is to file the entire Complaint as the "public version". Signed by Judge Richard G. Andrews on 5/12/2016. (nms)
May 12, 2016 Opinion or Order Summons Issued with Magistrate Consent Notice attached as to Intuitive Machines LLC on 5/11/2016. (aah)
May 11, 2016 Opinion or Order Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction.(aah)
May 11, 2016 Opinion or Order Filing 2 [SEALED] COMPLAINT filed with Jury Demand against Intuitive Machines LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 025657.) - filed by Moon Express Inc..(Attachments: #1 Civil Cover Sheet)(aah)
May 11, 2016 Opinion or Order Filing 1 MOTION for Leave to File Complaint Under Seal.- filed by Moon Express Inc.(aah)
May 11, 2016 Opinion or Order Remark: Exit copies to Duty Judge. (RGA)(aah)

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Search for this case: Moon Express Inc. v. Intuitive Machines LLC
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Plaintiff: Moon Express Inc.
Represented By: Robert Craig Martin
Represented By: David S. Eagle
Represented By: Kerry E. Slade
Represented By: Ethan Haller Townsend
Represented By: Matthew Sarna
Represented By: Sally Elaine Veghte
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Defendant: Intuitive Machines LLC
Represented By: Oderah C. Nwaeze
Represented By: David J. Wolfsohn
Represented By: Kelly K. Huff
Represented By: Sean J. Bellew
Represented By: Kendra C. Oxholm
Represented By: Sandra A. Jeskie
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