| Court: | cacd |
| Docket #: | 2:05-cv-07533 |
| Case Name: | Space Exploration Technologies Corporation v. Boeing Company et al |
| PACER case #: | 179146 |
| Date filed: | 2005-10-19 |
| Date terminated: | 2006-05-12 |
| Assigned to: | Judge Florence-Marie Cooper |
| Referred to: | Magistrate Judge Margaret A. Nagle |
| Case Cause: | 28:1337 Sherman-Clayton Act |
| Nature of Suit: | 410 Anti-Trust |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Space Exploration Technologies Corporation Plaintiff |
Anthony L Press Charles S Barquist David Boies Fred Norton Jeffrey A Jaeckel Steven M Haines Steven C Holtzman W Stephen Smith |
| Boeing Company Defendant |
Benjamin S Sharp Brad D Brian Jerome C Roth Kristin Linsley Myles Linda M Burrow Robert E Satterthwaite Scott McCaleb |
| Lockheed Martin Corporation Defendant |
Amy E Hancock Dan Chammas David Marx Robert P Mallory |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2005-10-19 | 1 | 0 | COMPLAINT against defendants Boeing Company, Lockheed Martin Corporation.(Filing fee $ 250 paid) Jury Demand. , filed by plaintiff Space Exploration Technologies Corporation.(pj, ) (Entered: 10/24/2005) | |||
| 2005-10-19 | 2 | 0 | CERTIFICATION of Interested Parties filed by Plaintiff Space Exploration Technologies Corporation. (pj, ) (Entered: 10/24/2005) | |||
| 2005-10-19 | 3 | 0 | DISCLOSURE STATEMENT filed by Plaintiff Space Exploration Technologies Corporation (pj, ) (Entered: 10/24/2005) | |||
| 2005-10-25 | 4 | 0 | NOTICE of Appearance filed by attorneys Robert E Satterthwaite, Linda M Burrow, Kristin Linsley Myles, Jerome C Roth, Brad D Brian all of Munger, Tolles, and Olson LLP on behalf of Defendant Boeing Company (ir, ) (Entered: 10/26/2005) | |||
| 2005-10-26 | 5 | 0 | NOTICE of Appearance filed by attorney Amy E Hancock, David Marx, Dan Chammas, Robert P Mallory on behalf of Defendant Lockheed Martin Corporation (ir, ) (Entered: 10/27/2005) | |||
| 2005-10-28 | 6 | 0 | NOTICE of Pendency of Other Actions or Proceeding(s) filed by Defendant Boeing Company. Related Case(s): United States Court of Federal Claims, case number 05-1053C (rn, ) (Entered: 10/31/2005) | |||
| 2005-11-07 | 7 | 0 | STIPULATION AND ORDER by Judge Florence-Marie Cooper: If Plaintiff files an Amended Complaint on or before 11/11/05, each Defendant shall have until Friday 12/2/05 to respond to the Amended Complaint. If Plaintiff does not file an Amended Complaint on or before 11/11/05, each Defendant shall have until Monday 11/28/05 to respond to the Original Complaint. (ir, ) (Entered: 11/08/2005) | |||
| 2005-11-07 | 8 | 0 | CERTIFICATION as to Interested Parties filed by Defendant Lockheed Martin Corporation. (ir, ) (Entered: 11/08/2005) | |||
| 2005-11-07 | 9 | 0 | CORPORATE DISCLOSURE STATEMENT filed by Defendant Lockheed Martin Corporation identifying none as Corporate Parent. (ir, ) (Entered: 11/08/2005) | |||
| 2005-11-09 | 10 | 0 | APPLICATION for attorney David Marx Jr to Appear Pro Hac Vice filed by Defendant Lockheed Martin Corporation. FEE PAID. Lodged Proposed Order. (ir, ) (Entered: 11/10/2005) | |||
| 2005-11-10 | 11 | 0 | ORDER by Judge Florence-Marie Cooper: Application to Appear Pro Hac Vice by Attorney David Marx Jr of McDermott, Will and Emery LLP on behalf of Defendant Lockheed Martin Corporation, designating Robert P Mallory of McDermott Will and Emery LLP as local counsel 10 GRANTED. (ir, ) (Entered: 11/10/2005) | |||
| 2005-11-14 | 12 | 0 | FIRST AMENDED COMPLAINT against Defendants The Boeing Company, and Lockheed Martin Corporation amending Complaint (Discovery) 1 with Jury Demand filed by Plaintiff Space Exploration Technologies Corporation (ir, ) (Entered: 11/15/2005) | |||
| 2005-11-14 | 13 | 0 | PROOF OF SERVICE Executed upon Boeing Company, Lockheed Martin Corporation served on 11/11/2005, answer due 12/1/2005. The First Amended Complaint was served by Personal service, by statute not cited, upon Brad D Brian, Jerome C Roth, Kristin Linsley Myles, Linda M Burrow, Robert E Satterthwaite. Due Diligence declaration not attached. Original Summons not returned. (ir, ) (Entered: 11/15/2005) | |||
| 2005-11-17 | 14 | 0 | APPLICATION for attorney Amy E Hancock of McDermott Will and Emery to Appear Pro Hac Vice filed by Defendant Lockheed Martin Corporation. FEE PAID. Lodged Order. (ir, ) (Entered: 11/18/2005) | |||
| 2005-11-17 | 15 | 0 | ORDER by Judge Florence-Marie Cooper: Application to Appear Pro Hac Vice by Attorney Amy E Hancock on behalf of Defendant Lockheed Martin Corporation, designating Robert Mallory as local counsel 14 GRANTED. (ir, ) (Entered: 11/18/2005) | |||
| 2005-11-23 | 16 | 0 | NOTICE of Interested Parties filed by Defendant Boeing Company. (ir, ) (Entered: 11/28/2005) | |||
| 2005-11-21 | 17 | 0 | NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs First Amended Complaint; Memorandum of Points and Authorities in support; Declaration of Robert P Mallory filed by Defendant Lockheed Martin Corporation. Motion set for hearing on 12/12/2005 at 10:00 AM before Honorable Florence-Marie Cooper. (ir, ) (Entered: 11/29/2005) | |||
| 2005-11-28 | 18 | 0 | STIPULATION AND ORDER by Judge Florence-Marie Cooper: Hearing on Lockheed Motion to Dismiss Plaintiffs First Amended Complaint 17 shall be continued from 12/12/05 at 10:00 to 1/9/2006 at 10:00 AM before this Court. Boeing shall file and serve its Motion to dismiss on or before 11/30/05. Boeing Motion to dismiss shall be scheduled for hearing at the same time as Lockheed Motion to dismiss on 1/9/06 at 10:00 before this Court. SpaceX shall file and serve its Opposition to Lockheed Motion to dismiss and Boeing Motion to dismiss on or before 12/16/05. Lockheed and Boeing shall file and serve their Replies for the Motions to dismiss on or before 12/30/05. (ir, ) (Entered: 11/29/2005) | |||
| 2005-11-23 | 19 | 0 | DISCLOSURE STATEMENT filed by Defendant Boeing Company (bp, ) (Entered: 12/01/2005) | |||
| 2005-12-02 | 20 | 0 | APPLICATION for attorney W Stephen Smith to Appear Pro Hac Vice filed by Plaintiff Space Exploration Technologies Corporation. FEE PAID. Lodged Proposed Order. (ir, ) (Entered: 12/06/2005) | |||
| 2005-11-30 | 21 | 0 | ORDER by Judge Florence-Marie Cooper: Application to Appear Pro Hac Vice by Attorney W Stephen Smith of Morrison and Foerster on behalf of Plaintiff Space Exploration Technologies Corporation, designating Charles S Barquist of Morrison and Foerster LLP as local counsel 20 is GRANTED. (ir, ) (Entered: 12/06/2005) | |||
| 2005-12-02 | 22 | 0 | APPLICATION for attorney Jeffrey A Jaeckel to Appear Pro Hac Vice. filed by Plaintiff Space Exploration Technologies Corporation. FEE PAID. Lodged Proposed Order. (ir, ) (Entered: 12/07/2005) | |||
| 2005-11-30 | 23 | 0 | NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint for Failure to State a Claim filed by Defendant Boeing Company. Motion set for hearing on 1/9/2006 at 10:00 AM before Honorable Florence-Marie Cooper. (shb, ) (Entered: 12/07/2005) | |||
| 2005-11-30 | 24 | 0 | REQUEST FOR JUDICIAL NOTICE in support of its MOTION to Dismiss Plaintiff's First Amended Complaint for Failure to State a Claim 23 filed by Defendant Boeing Company. (shb, ) (Entered: 12/07/2005) | |||
| 2005-12-06 | 25 | 0 | ORDER by Judge Florence-Marie Cooper: Application to Appear Pro Hac Vice by Attorney Jeffrey A Jaeckel on behalf of Plaintiff Space Exploration Technologies Corporation, designating Charles S Barquist of Morrison and Foerster LLP as local counsel 22 GRANTED. (ir, ) (Entered: 12/07/2005) | |||
| 2005-12-16 | 26 | 0 | MEMORANDUM in Opposition to MOTION to Dismiss Plaintiff's First Amended Complaint for Failure to State a Claim 23 filed by plaintiff Space Exploration Technologies Corporation. (lc, ) (Entered: 12/21/2005) | |||
| 2005-12-16 | 27 | 0 | MEMORANDUM in Opposition to Lockheed Martins MOTION to Dismiss Plaintiffs First Amended Complaint 17 filed by plaintiff Space Exploration Technologies Corporation. (lc, ) (Entered: 12/21/2005) | |||
| 2005-12-16 | 28 | 0 | REQUEST FOR JUDICIAL NOTICE in support of opposition re defendants MOTIONS to Dismiss Plaintiff's First Amended Complaint 23 17 ; declaration of Steven M Haines filed by plaintiff Space Exploration Technologies Corporation. (lc, ) (Entered: 12/21/2005) | |||
| 2005-12-16 | 29 | 0 | PROOF OF SERVICE on 12/16/05 by electronic service and mail re MEMORANDUMS in Opposition to Motions to dismiss 26 27 , Request for Judicial Notice in suppport of opposition 28 filed by plaintiff Space Exploration Technologies Corporation (lc, ) (Entered: 12/21/2005) | |||
| 2005-12-27 | 30 | 0 | APPLICATION for attorney Benjamin S Sharp to Appear Pro Hac Vice. FEE PAID. filed by defendant Boeing Company. Lodged Order. (mg, ) (Entered: 12/28/2005) | |||
| 2005-12-27 | 31 | 0 | ORDER by Judge Florence-Marie Cooper; Defendants 30 Application to Appear Pro Hac Vice by Attorney BENJAMIN S SHARP on behalf of defendant is GRANTED, designating The Boeing Company as local counsel. (jag, ) (Entered: 12/28/2005) | |||
| 2006-01-03 | 32 | 0 | APPLICATION for attorney Scott M McCaleb to Appear Pro Hac Vice filed by Defendant Boeing Company. FEE PAID. Lodged Proposed Order. (ir, ) (Entered: 01/05/2006) | |||
| 2006-01-04 | 33 | 0 | ORDER by Judge Florence-Marie Cooper: Application to Appear Pro Hac Vice by Attorney Scott M McCaleb on behalf of Defendant The Boeing Company, designating Linda M Burrow as local counsel 32 GRANTED. (ir, ) (Entered: 01/05/2006) | |||
| 2006-01-05 | 34 | 0 | MINUTES: ORDER CONTINUING HEARING DATE of (1) Defendant Lockheed Motion to dismiss 17 , (2) Defendant Boeing Motion to dismiss 23 (In Chambers); Court on its own motion, hereby continues for hearing the above-referenced motion(s) from 1/9/06 to 2/13/06 at 10:00. Briefing schedule is not changed by this order; briefs will be due on the dates previously set by Judge Florence-Marie Cooper Court Reporter: Not present. (ir, ) (Entered: 01/06/2006) | |||
| 2006-01-03 | 35 | 0 | REPLY MEMORANDUM IN SUPPORT OF MOTION to Dismiss Plaintiff's First Amended Complaint for Failure to State a Claim 23 filed by Defendant Boeing Company. (yl, ) (Entered: 01/11/2006) | |||
| 2006-01-03 | 36 | 0 | REPLY MEMORANDUM IN SUPPORT OF MOTION to Dismiss Plaintiff's First Amended Complaint for Failure to State a Claim 23 filed by Defendant Lockheed Martin Corporation. (yl, ) (Entered: 01/11/2006) | |||
| 2006-01-13 | 37 | 0 | REQUEST FOR JUDICIAL NOTICE in support of its Opposition to Defendants Motions to dismiss 17 ; Declaration of Steven M Haines filed by Plaintiff Space Exploration Technologies Corporation. (ir, ) (Entered: 01/20/2006) | |||
| 2006-02-13 | 38 | 0 | MINUTES: Hearing of (1) Defendant Lockheed Motion to dismiss 17 (2) Defendant Boeing Motion to dismiss 23 ; Court hears oral argument in the above-referenced motions and takes its ruling UNDER SUBMISSION. Court final order will be issued by Judge Florence-Marie Cooper Court Reporter: Pat Cuneo. (ir, ) (Entered: 02/13/2006) | |||
| 2006-02-13 | 39 | 0 | RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 2/13/06 Court Reporter: Pat Cuneo (mo, ) (Entered: 02/15/2006) | |||
| 2006-02-13 | 40 | 0 | TRANSCRIPT filed for proceedings held on 2/13/06. Court Reporter: Pat Cuneo. (mo, ) (Entered: 02/15/2006) | |||
| 2006-02-16 | 41 | 0 | ORDER by Judge Florence-Marie Cooper: Court grants the Motions to dismiss 17 , 23 . The First Amended Complaint is dismissed without prejudice. (Made JS-6. Case Terminated.)(ir, ) (Entered: 02/17/2006) | |||
| 2006-02-21 | 42 | 0 | JOINT REPORT of Early Meeting filed; Plaintiff estimated length of trial 4 day and Defendants estimate 14 day. (ir, ) (Entered: 02/24/2006) | |||
| 2006-03-13 | 43 | 0 | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Florence-Marie Cooper ORDERING Second Amended Complaint submitted by Plaintiff Space Exploration Technologies Corporation received on 3/9/06 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (Case reopened. MD JS-5.)(ir, ) (Entered: 03/13/2006) | |||
| 2006-03-09 | 44 | 0 | SECOND AMENDED COMPLAINT against Defendants The Boeing Company, and Lockheed Martin Corporation amending Amended Complaint 12 filed by Plaintiff Space Exploration Technologies Corporation (ir, ) (Entered: 03/13/2006) | |||
| 2006-03-21 | 45 | 0 | APPLICATION for attorney David Boies to Appear Pro Hac Vice filed by Plaintiff Space Exploration Technologies Corporation. FEE PAID. Lodged Proposed Order. (ir, ) (Entered: 03/22/2006) | |||
| 2006-03-21 | 46 | 0 | ORDER by Judge Florence-Marie Cooper on Application for attorney David Boies to Appear Pro Hac Vice 45 GRANTED. (ir, ) (Entered: 03/22/2006) | |||
| 2006-03-21 | 47 | 0 | STIPULATION AND ORDER by Judge Florence-Marie Cooper: Each Defendant shall have until Thursday 4/6/06 to answer or otherwise respond to the Second Amended Complaint. Should the Defendants respond by way of motions to dismiss, Plaintiffs oppositions shall be filed on before Thursday 4/27/06; Defendants Reply shall be filed on or before Monday 5/8/06; Should the Defendants respond by way of motions to dismiss oral arugment on said motions shall be set for Monday 5/15/06 at 10:00.(ir, ) (Entered: 03/22/2006) | |||
| 2006-04-06 | 48 | 0 | NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Defendant Lockheed Martin Corporation. Motion set for hearing on 5/15/2006 at 10:00 AM before the Honorable Florence-Marie Cooper. (pcl, ) (Entered: 04/12/2006) | |||
| 2006-04-06 | 49 | 0 | MEMORANDUM of Points and Authorities in Support of Defendant Lockheed Martin's Motion to Dismiss 48 filed by Defendant Lockheed Martin Corporation. (pcl, ) (Entered: 04/12/2006) | |||
| 2006-04-06 | 50 | 0 | NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint for Lack of Jurisdiction and Failur to State a Claim filed by Plaintiff The Boeing Company. Motion set for hearing on 5/15/2006 at 10:00 AM before the Honorable Florence-Marie Cooper. (pcl, ) (Entered: 04/12/2006) | |||
| 2006-04-06 | 51 | 0 | REQUEST FOR JUDICIAL NOTICE in Support of Its MOTION to Dismiss Plaintiff's Second Amended Complaint 50 for Lack of Juirsdition and Failure to State a Claim filed by Defendant Boeing Company. (pcl, ) (Entered: 04/12/2006) | |||
| 2006-04-06 | 52 | 0 | PROOF OF SERVICE filed by Defendant Boeing Company, re MOTION to Dismiss Second Amended Complaint 50 , Request for Judicial Notice 51 , was served by hand on 4/6/2006. (pcl, ) (Entered: 04/12/2006) | |||
| 2006-04-19 | 53 | 0 | STIPULATION AND ORDER PERMITTING FILING OF CONSOLIDATED BRIEF by Judge Florence-Marie Cooper :(shb, ) (Entered: 04/20/2006) | |||
| 2006-04-27 | 54 | 0 | CONSOLIDATED OPPOSITION to MOTIONS to Dismiss 50 and 48 filed by Plaintiff Space Exploration Technologies Corporation. (yl, ) (Entered: 05/09/2006) | |||
| 2006-04-27 | 55 | 0 | OPPOSITION TO LOCKHEED MARTIN'S REQUEST FOR JUDICIAL NOTICE[50 48 filed by Plaintiff Space Exploration Technologies Corporation. (yl, ) (Entered: 05/09/2006) | |||
| 2006-04-27 | 56 | 0 | PROOF OF SERVICE filed by Plaintiff Space Exploration Technologies CorporationThe Opposition to Lockheed Martin's Request for Judicial Notice was served on 4/27/2006. (yl, ) (Entered: 05/09/2006) | |||
| 2006-05-12 | 57 | 0 | ORDER by Judge Florence-Marie: Grants Motions to dismiss 48 50 . The Second Amended Complaint is dismissed with prejudice. (Made JS-6. Case Terminated.)(ir, ) (Entered: 05/15/2006) | 2014-04-27 12:51:03 | 041572d797dcb5024d9cd3672e1914623d6aeead | |
| 2006-05-15 | 58 | 0 | PROOF OF SERVICE filed by Defendant Lockheed Martin Corporation of Order granting Motions to dismiss 57 was served on 5/12/06. (ir, ) (Entered: 05/16/2006) | |||
| 2006-05-08 | 59 | 0 | REPLY Memorandum in support of its Motion to Dismiss Plaintiffs Second Amended Complaint for lack of jurisdiction and failure to state a claim 50 filed by Defendant Boeing Company. (ir, ) (Entered: 05/16/2006) | |||
| 2006-05-08 | 60 | 0 | REPLY Memorandum in support of Defendant Lockheed Martin Motion to Dismiss 48 filed by Defendant Lockheed Martin Corporation. (ir, ) (Entered: 05/16/2006) | |||
| 2006-05-09 | 61 | 0 | ADDITIONAL REQUESTS FOR JUDICIAL NOTICE filed by Plaintiff Space Exploration Technologies Corporation. (ir, ) (Entered: 05/17/2006) | |||
| 2006-05-18 | 62 | 0 | JUDGMENT by Judge Florence-Marie Cooper having entered the Order Granting Motions to dismiss, the Second Amended Complaint is dismissed with prejudice, that judgment is entered in favor of Defendants and that the matter is closed and that defendants shall be awarded their costs of suit incurred herein upon application therefor.(ir, ) (Entered: 05/18/2006) | |||
| 2006-06-14 | 63 | 0 | NOTICE OF APPEAL to 9th CCA filed by plaintiff Space Exploration Technologies Corporation. Appeal of Judgment, 62 Filed On: 5/18/06; Entered On: 5/18/06. Forms Given; Transcript Designation and Order Form. Filing fee $455, Paid. Receipt number 86061. cc: Steven C. Holtzman; Brad D. Brian.(car, ) (Entered: 06/26/2006) | |||
| 2006-06-14 | 64 | 0 | REPRESENTATION STATEMENT re Appeal to Circuit Court, 63 . (car, ) (Entered: 06/26/2006) | |||
| 2006-06-14 | 65 | 0 | DECLARATION OF SERVICE filed by plaintiff Space Exploration Technologies Corporation, re Representation Statement 64 , Appeals Docketing Statement (A-11a), Appeal to Circuit Court, 63 , was served on 6/14/06. (car, ) (Entered: 06/26/2006) | |||
| 2006-07-10 | 66 | 0 | NOTIFICATION by Circuit Court of Appellate Docket Number: 06-55907, 9th CCA regarding Appeal to Circuit Court, 63 filed by Space Exploration Technologies Corporation. (lr, ) (Entered: 07/10/2006) | |||
| 2006-07-14 | 67 | 0 | TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 2/13/06; Hearing on Motions to Dismiss; Court Reporter: Pat Cuneo; Court of Appeals Case Number: 06-55907; Re: Appeal to Circuit Court, 63 (ghap, ) (Entered: 07/26/2006) | |||
| 2006-08-01 | 68 | 0 | CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit Court, 63 filed by Space Exploration Technologies Corporation. Court of Appeals Case Number: 06-55907.(car, ) (Entered: 08/01/2006) | |||
| 2006-12-28 | 69 | 0 | RECORD ON APPEAL sent to Circuit Court re: Appeal number, 06-55907 Record consists of 03 volumes, 01 transcripts re Appeal to Circuit Court, 63 (dmap, ) (Entered: 01/03/2007) | |||
| 2008-07-01 | 70 | 0 | MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 63 , CCA # 06-55907. The Judgment of District Court is AFFIRMED. Mandate received in this district on 07/01/08. (cbr) (Entered: 07/07/2008) | |||
| 2008-08-29 | 71 | 0 | APPEAL RECORD RETURNED from 9th CCA Received: Volume(s): 1 thru 3; Transcripts(s): 1; RE: Appeal Record Sent to USCA (A-26) 69 (cbr) (Entered: 09/19/2008) |