Case: Space Exploration Technologies Corp v. Bell

1:23-cv-00137 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 15, 2023

Closed Date: March 3, 2025

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case.) Space Exploration Technologies Corp. (SpaceX) filed this lawsuit on September 15, 2023, in the U.S. District Court for the Southern District of Texas against federal officials including Administrative Law Judge Carol Bell, Chief Administrative Hearing Officer James McHenry, and U.S. Attorney General Merrick B. Garland. The case arose after the Department of Justice's Immigrant and Employee Rights Section filed an administrative complaint o…

(This summary is temporary while we research the case.)

Space Exploration Technologies Corp. (SpaceX) filed this lawsuit on September 15, 2023, in the U.S. District Court for the Southern District of Texas against federal officials including Administrative Law Judge Carol Bell, Chief Administrative Hearing Officer James McHenry, and U.S. Attorney General Merrick B. Garland. The case arose after the Department of Justice's Immigrant and Employee Rights Section filed an administrative complaint on August 23, 2023, alleging that Plaintiff discriminated against non-citizens, specifically refugees and asylees, in its hiring process from September 2018 to May 2022 in violation of federal law. Plaintiff denied these allegations and contended it has hired hundreds of non-citizens, asserting that it faces legal mandates under export control laws including ITAR that impose strict limitations on employment due to the sensitive nature of its technology. The company brought four constitutional claims challenging the administrative proceedings, including violations of the Appointments Clause, Presidential removal authority, Article III, and the Seventh Amendment right to jury trial. Plaintiff sought injunctive relief to halt the administrative proceedings and a declaration that they are unlawful.

This case is ongoing.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67800148/parties/space-exploration-technologies-corp-v-bell/


Judge(s)

Olvera, Jose Rolando (Texas)

Attorney for Plaintiff

Connolly, Charles (Texas)

Attorney for Defendant

Cholera, Kuntal (Texas)

Liao, Cynthia (Texas)

Lyles, Benjamin Storey (Texas)

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Documents in the Clearinghouse

Document
1

1:23-cv-00137

Complaint

Sept. 15, 2023

Sept. 15, 2023

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67800148/space-exploration-technologies-corp-v-bell/

Last updated April 9, 2026, 4:27 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATXSDC-30516966) filed by Space Exploration Technologies Corporation. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Warrick, Laura) (Entered: 09/15/2023)

1 Civil Cover Sheet Civil Cover Sheet

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Sept. 15, 2023

Sept. 15, 2023

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2

Request for Issuance of Summons as to All Defendants, United States Attorney Southern District of Texas, filed. (Attachments: # 1 Summons - Request for Issuance, # 2 Summons - Request for Issuance, # 3 Summons - Request for Issuance)(Warrick, Laura) (Entered: 09/15/2023)

1 Summons - Request for Issuance

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2 Summons - Request for Issuance

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3 Summons - Request for Issuance

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Sept. 15, 2023

Sept. 15, 2023

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3

CORPORATE DISCLOSURE STATEMENT by Space Exploration Technologies Corporation, filed.(Warrick, Laura) (Entered: 09/15/2023)

Sept. 15, 2023

Sept. 15, 2023

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4

MOTION to Appear Pro Hac Vice for James Tysse (Fee Paid: $100, receipt number ATXSDC-30517325) by Space Exploration Technologies Corporation, filed. Motion Docket Date 10/6/2023. (Warrick, Laura) (Additional attachment(s) added on 9/18/2023: # 1 verified status) (DahlilaRodriguez, 1). (Entered: 09/15/2023)

Sept. 15, 2023

Sept. 15, 2023

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5

MOTION to Appear Pro Hac Vice for Charles Connolly (Fee Paid: $100, receipt number ATXSDC-30517424) by Space Exploration Technologies Corporation, filed. Motion Docket Date 10/6/2023. (Warrick, Laura) (Additional attachment(s) added on 9/18/2023: # 1 verified status) (DahlilaRodriguez, 1). (Entered: 09/15/2023)

Sept. 15, 2023

Sept. 15, 2023

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6

Summons Issued as to 1.) Carol Bell, 2.) Merrick B. Garland, 3.) James McHenry, 4.) U.S. Attorney. Issued summons delivered to plaintiff by NEF, filed. (JenniferLongoria, 1) (Entered: 09/18/2023)

Sept. 18, 2023

Sept. 18, 2023

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7

NOTICE of Appearance by Kuntal Cholera on behalf of Carol Bell, Merrick B. Garland, James McHenry, filed. (Cholera, Kuntal) (Entered: 09/26/2023)

Sept. 26, 2023

Sept. 26, 2023

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8

NOTICE of Appearance by Kuntal Cholera on behalf of Carol Bell, Merrick B. Garland, James McHenry, filed. (Cholera, Kuntal) (Entered: 09/26/2023)

Sept. 26, 2023

Sept. 26, 2023

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9

NOTICE of Appearance by Cynthia Liao on behalf of Carol Bell, Merrick B. Garland, James McHenry, filed. (Liao, Cynthia) (Entered: 09/26/2023)

Sept. 26, 2023

Sept. 26, 2023

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10

Unopposed MOTION for Leave to File Excess PagesMotions referred to Ignacio Torteya, III. by Space Exploration Technologies Corp., filed. Motion Docket Date 10/17/2023. (Attachments: # 1 Proposed Order)(Warrick, Laura) (Entered: 09/26/2023)

1 Proposed Order

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Sept. 26, 2023

Sept. 26, 2023

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11

MOTION for Preliminary InjunctionMotions referred to Ignacio Torteya, III. by Space Exploration Technologies Corp., filed. Motion Docket Date 10/17/2023. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Warrick, Laura) (Entered: 09/26/2023)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Proposed Order

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Sept. 26, 2023

Sept. 26, 2023

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12

ORDER granting 10 Motion for Leave to File Excess Pages.(Signed by Judge Rolando Olvera) Parties notified.(JenniferLongoria, 1) (Entered: 09/28/2023)

Sept. 28, 2023

Sept. 28, 2023

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13

ORDER granting 4 Motion for James Tysse to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here. (Signed by Magistrate Judge Ignacio Torteya, III) Parties notified.(JenniferLongoria, 1) (Entered: 09/28/2023)

Sept. 28, 2023

Sept. 28, 2023

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14

ORDER granting 5 Motion for Charles Connolly to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here.(Signed by Magistrate Judge Ignacio Torteya, III) Parties notified.(JenniferLongoria, 1) (Entered: 09/28/2023)

Sept. 28, 2023

Sept. 28, 2023

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15

MOTION to Appear Pro Hac Vice for Cynthia Liao (Fee Exempt)Motions referred to Ignacio Torteya, III. by Carol Bell, Merrick B. Garland, James McHenry, filed. Motion Docket Date 10/19/2023. (Liao, Cynthia) (Additional attachment(s) added on 9/29/2023: # 1 Verified status for Motion Pro Hac Vice) (SaraCelis, 1). (Entered: 09/28/2023)

1 Verified status for Motion Pro Hac Vice

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Sept. 28, 2023

Sept. 28, 2023

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16

MOTION to Appear Pro Hac Vice for Kuntal Cholera (Fee Exempt)Motions referred to Ignacio Torteya, III. by Carol Bell, Merrick B. Garland, James McHenry, filed. Motion Docket Date 10/19/2023. (Cholera, Kuntal) (Additional attachment(s) added on 9/29/2023: # 1 Verified status for Motion Pro Hac Vice) (SaraCelis, 1). (Entered: 09/28/2023)

1 Verified status for Motion Pro Hac Vice

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Sept. 28, 2023

Sept. 28, 2023

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17

ORDER granting 16 Motion for Kuntal Cholera to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here. (Signed by Magistrate Judge Ignacio Torteya, III) Parties notified. (SaraCelis, 1) (Entered: 09/29/2023)

Sept. 29, 2023

Sept. 29, 2023

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18

ORDER granting 15 Motion for Cynthia Liao to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here. (Signed by Magistrate Judge Ignacio Torteya, III) Parties notified. (SaraCelis, 1) (Entered: 09/29/2023)

Sept. 29, 2023

Sept. 29, 2023

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19

NOTICE of Appearance by Christopher D. Pineda on behalf of Carol Bell, Merrick B. Garland, James McHenry, filed. (Pineda, Christopher) (Entered: 10/02/2023)

Oct. 2, 2023

Oct. 2, 2023

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20

RESPONSE in Opposition to 11 MOTION for Preliminary Injunction, filed by Carol Bell, Merrick B. Garland, James McHenry. (Attachments: # 1 Ruisanchez Declaration, # 2 Proposed Order)(Liao, Cynthia) (Entered: 10/17/2023)

1 Ruisanchez Declaration

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2 Proposed Order

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Oct. 17, 2023

Oct. 17, 2023

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21

Rescinded per docket entry # 22. ORDER entered re: 20 RESPONSE in Opposition. Defendants' attorneys are required to file an affidavit certifying they have read and understand the Court's local rules by October 24, 2023. (Signed by Judge Rolando Olvera) Parties notified. (SaraCelis, 1) Modified on 10/23/2023 (SaraCelis, 1). (Entered: 10/19/2023)

Oct. 19, 2023

Oct. 19, 2023

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22

ORDER entered. The Court rescinds its prior Order (Dkt. No. 21) (Signed by Judge Rolando Olvera) Parties notified. (SaraCelis, 1) (Entered: 10/23/2023)

Oct. 23, 2023

Oct. 23, 2023

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23

MOTION for Leave to File First Amended Complaint for Declaratory and Injunctive ReliefMotions referred to Ignacio Torteya, III. by Space Exploration Technologies Corp., filed. Motion Docket Date 11/15/2023. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Warrick, Laura) Modified on 10/26/2023 (JacquelineMata, 4). (Entered: 10/25/2023)

1 Exhibit A

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2 Exhibit B

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3 Proposed Order

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Oct. 25, 2023

Oct. 25, 2023

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24

REPLY in Support of 11 MOTION for Preliminary Injunction, filed by Space Exploration Technologies Corp.. (Warrick, Laura) (Entered: 10/25/2023)

Oct. 25, 2023

Oct. 25, 2023

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25

RETURN of Service of SUMMONS Executed as to All Defendants, filed.(Warrick, Laura) (Entered: 10/31/2023)

Oct. 31, 2023

Oct. 31, 2023

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26

SURREPLY to 11 MOTION for Preliminary Injunction, RESPONSE in Opposition to 23 MOTION for Leave to File First Amended Complaint for Declaratory and Injunctive Relief, filed by Carol Bell, Merrick B. Garland, James McHenry. (Attachments: # 1 Proposed Order)(Liao, Cynthia) . (Entered: 11/03/2023)

1 Proposed Order

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Nov. 3, 2023

Nov. 3, 2023

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27

REPLY in Support of 23 MOTION for Leave to File First Amended Complaint for Declaratory and Injunctive Relief, filed by Space Exploration Technologies Corp.. (Warrick, Laura) (Entered: 11/06/2023)

Nov. 6, 2023

Nov. 6, 2023

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28

ORDER granting in part and denying in part 11 Motion for Preliminary Injunction. (Signed by Judge Rolando Olvera) Parties notified.(JenniferLongoria, 1) (Entered: 11/08/2023)

Nov. 8, 2023

Nov. 8, 2023

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29

Unopposed MOTION to Stay Answer Deadline Motions referred to Ignacio Torteya, III. by Carol Bell, Merrick B. Garland, James McHenry, filed. Motion Docket Date 12/4/2023. (Cholera, Kuntal) (Entered: 11/13/2023)

Nov. 13, 2023

Nov. 13, 2023

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30

ORDER entered. Plaintiffs Motion (Dkt. No. 23 ) should be and is hereby GRANTED. The Clerk of Court is ORDERED to file Plaintiffs First Amended Complaint as a new entry on the case docket. Defendants Motion (Dkt. No. 29 ) is GRANTED. (Signed by Magistrate Judge Ignacio Torteya, III) Parties notified. (SaraCelis, 1) (Main Document 30 replaced on 11/16/2023) (SaraCelis, 1). (Entered: 11/16/2023)

Nov. 16, 2023

Nov. 16, 2023

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31

First AMENDED COMPLAINT for Declaratory and Injuctive Relief against All Defendants filed by Space Exploration Technologies Corp. Related document: 1 Complaint filed by Space Exploration Technologies Corp.. (SaraCelis, 1) (Entered: 11/16/2023)

Nov. 16, 2023

Nov. 16, 2023

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Set/Reset Deadlines AND Terminate Deadlines (PUBLIC ENTRY)

Nov. 16, 2023

Nov. 16, 2023

***Set/Reset Deadlines: Status Report due by 1/22/2024 (SaraCelis, 1)

Nov. 16, 2023

Nov. 16, 2023

32

STATUS REPORT by Carol Bell, Merrick B. Garland, James McHenry, filed.(Cholera, Kuntal) (Entered: 01/22/2024)

Jan. 22, 2024

Jan. 22, 2024

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33

ORDER entered granting 32 Status Report. The Court will issue a scheduling order which incorporates the parties proposed deadlines. (Signed by Magistrate Judge Ignacio Torteya, III) Parties notified. (SaraCelis, 1) (Entered: 01/24/2024)

Jan. 24, 2024

Jan. 24, 2024

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34

SCHEDULING ORDER. Defendants shall file their motion for summary judgment by 3/22/2024. Plaintiffs shall file their cross-MSJ by 5/21/2024. Plaintiffs response to Defendants MSJ, due by 5/21/2024. Defendants reply in support of their MSJ due by 6/20/2024. Defendants response to Plaintiffs MSJ due by 6/20/2024. Plaintiffs reply in support of its cross-MSJ due by 7/22/2024. (Signed by Magistrate Judge Ignacio Torteya, III) Parties notified. (SaraCelis, 1) (Entered: 01/24/2024)

Jan. 24, 2024

Jan. 24, 2024

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35

MOTION for Summary Judgment Motions referred to Ignacio Torteya, III. by Carol Bell, Merrick B. Garland, James McHenry, filed. Motion Docket Date 4/12/2024. (Attachments: # 1 Proposed Order) (Cholera, Kuntal) (Entered: 03/22/2024)

1 Proposed Order

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March 22, 2024

March 22, 2024

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36

MOTION for Summary Judgment Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment [ECF No. 35] Motions referred to Ignacio Torteya, III. by Space Exploration Technologies Corp., filed. Motion Docket Date 6/11/2024. (Attachments: # 1 Proposed Order) (Warrick, Laura) (Entered: 05/21/2024)

May 21, 2024

May 21, 2024

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37

Agreed MOTION for Extension of Time to File Defendants' Reply Brief in Support of Defendants Motion for Summary Judgment and Response to Plaintiffs Cross-Motion for Summary JudgmentMotions referred to Ignacio Torteya, III. by Carol Bell, Merrick B. Garland, James McHenry, filed. Motion Docket Date 6/20/2024. (Attachments: # 1 Proposed Order) (Liao, Cynthia) (Entered: 05/29/2024)

May 29, 2024

May 29, 2024

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38

ORDER granting 37 Motion for Extension of Time. Defendants' have until July 11, 2024, to file their reply in support of Defendants' motion for summary judgment and response to Plaintiff's cross-motion for summary judgment. Plaintiff has until August 30, 2024, to file its reply in support of Plaintiff's cross-motion for summary judgment. (Signed by Magistrate Judge Ignacio Torteya, III) Parties notified. (jrl1) (Entered: 05/29/2024)

May 29, 2024

May 29, 2024

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39

Unopposed MOTION for Extension of Time to File Reply Brief in Support of Defendants Motion for Summary Judgment and Response to Plaintiffs Cross-Motion for Summary JudgmentMotions referred to Ignacio Torteya, III. by Carol Bell, Merrick B. Garland, James McHenry, filed. Motion Docket Date 7/24/2024. (Attachments: # 1 Proposed Order) (Liao, Cynthia) (Entered: 07/03/2024)

July 3, 2024

July 3, 2024

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40

ORDER granting 39 Motion for Extension of Time. Defendants have until August 16, 2024, to file their reply in support of Defendants motion for summary judgment and response to Plaintiffs cross-motion for summary judgment. Plaintiff has until October 18, 2024, to file its reply in support of Plaintiffs cross-motion for summary judgment.SIGNED (Signed by Magistrate Judge Karen Betancourt) Parties notified. (dar1) (Entered: 07/05/2024)

July 5, 2024

July 5, 2024

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41

NOTICE of Appearance by BENJAMIN S. LYLES on behalf of Carol Bell, Merrick B. Garland, James McHenry, filed. (Lyles, Benjamin) (Entered: 08/12/2024)

Aug. 12, 2024

Aug. 12, 2024

42

Unopposed MOTION for Christopher D. Pineda to Withdraw as AttorneyMotions referred to Ignacio Torteya, III. by Carol Bell, Merrick B. Garland, James McHenry, filed. Motion Docket Date 9/3/2024. (Attachments: # 1 Proposed Order) (Pineda, Christopher) (Entered: 08/12/2024)

Aug. 12, 2024

Aug. 12, 2024

43

ORDER granting 42 Motion to Withdraw as Attorney. Attorney Christopher D Pineda terminated.(Signed by Magistrate Judge Ignacio Torteya, III) Parties notified. (bav1) (Entered: 08/15/2024)

Aug. 15, 2024

Aug. 15, 2024

44

REPLY in Support of 35 MOTION for Summary Judgment, filed by Carol Bell, Merrick B. Garland, James McHenry. (Attachments: # 1 Proposed Order) (Liao, Cynthia) (Entered: 08/16/2024)

Aug. 16, 2024

Aug. 16, 2024

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Corrected REPLY in Support of 35 MOTION for Summary Judgment, filed by Carol Bell, Merrick B. Garland, James McHenry. (Attachments: # 1 Proposed Order) (Liao, Cynthia) (Entered: 08/16/2024)

Aug. 16, 2024

Aug. 16, 2024

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46

REPLY in Support of 36 MOTION for Summary Judgment Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment [ECF No. 35], filed by Space Exploration Technologies Corp.. (Warrick, Laura) (Entered: 10/18/2024)

Oct. 18, 2024

Oct. 18, 2024

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47

Unopposed MOTION to Stay Case for 45 Days Motions referred to Ignacio Torteya, III. by Carol Bell, James McHenry, Merrick B. Garland, filed. Motion Docket Date 2/10/2025. (Attachments: # 1 Proposed Order) (Liao, Cynthia) (Entered: 01/19/2025)

1 Proposed Order

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Jan. 19, 2025

Jan. 19, 2025

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48

ORDER granting 47 Motion to Stay. The Clerk of Court is ORDERED to STAY this civil action until further order of the Court. The Court will issue an order to lift the stay after March 10, 2025, unless the parties file a joint motion to extend the stay prior to its expiration. The parties are ORDERED to file a joint status report on or by March 7, 2025..(Signed by Magistrate Judge Ignacio Torteya, III) Parties notified. (dlr1) (Entered: 01/24/2025)

Jan. 24, 2025

Jan. 24, 2025

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Set/Reset Deadlines

Jan. 24, 2025

Jan. 24, 2025

***Set/Reset Deadlines: Status Report due by 3/7/2025 (dlr1)

Jan. 24, 2025

Jan. 24, 2025

49

Unopposed MOTION to Lift Preliminary Injunction for Limited PurposeMotions referred to Ignacio Torteya, III. by Carol Bell, James McHenry, Merrick B. Garland, filed. Motion Docket Date 3/13/2025. (Attachments: # 1 Proposed Order) (Liao, Cynthia) (Entered: 02/20/2025)

1 Proposed Order

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Feb. 20, 2025

Feb. 20, 2025

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50

ORDER entered granting 49 Motion to Lift Preliminary Injunction for Limited Purpose. (Signed by Judge Rolando Olvera) Parties notified. (sac1) (Entered: 02/21/2025)

Feb. 21, 2025

Feb. 21, 2025

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51

Unopposed MOTION to Dismiss as Moot Motions referred to Ignacio Torteya, III. by Carol Bell, James McHenry, Merrick B. Garland, filed. Motion Docket Date 3/21/2025. (Attachments: # 1 Proposed Order) (Liao, Cynthia) (Entered: 02/28/2025)

1 Proposed Order

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Feb. 28, 2025

Feb. 28, 2025

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52

ORDER GRANTING 51 Unopposed MOTION to Dismiss as Moot. Case terminated on 3/3/2025 (Signed by Judge Rolando Olvera) Parties notified. (bav1) (Entered: 03/03/2025)

March 3, 2025

March 3, 2025

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Case Details

State / Territory:

Texas

Key Dates

Filing Date: Sept. 15, 2023

Closing Date: March 3, 2025

Case Details

Other Dockets:

Southern District of Texas 1:23-cv-00137

Recommended Citation