The Eros Project "With this toehold, I will climb a mountain in Space." Case in Federal Court Motion to Dismiss On January 28, 2004 the US Attorney's office in Reno, Nevada filed a Motion to Dismiss in Federal Court in the matter of the Complaint for Declaratory Judgement concerning the "Action at Law" for the Eros Project. On February 11, 2004 Gregory Nemitz filed his Response to the Defendant's Motion to Dismiss. This is the first Space Property Law "Action at Law" before a United States Federal Court. U.S. District Judge Howard McKibben has been assigned to the action. Summary Defendant argues in its Motion to Dismiss that Plaintiff has not made a case for this Action at Law and Moves the Court for dismissal. Plaintiff in his Response, conceeds that his claim for "breach of implied contract" is insuffcient. Thus Plaintiff is not further attempting to collect the previously invoiced parking and storage fees and the associated late fees from the US Government. Plaintiff contends his demand for a Declaratory Judgement concerning the Rights of individuals to own private proprty in Space vs. the Outer Space Treaty of 1967, remains viable in this Action at Law and must be decided by the Court. Plaintiff requested an Oral Hearing before his final decision is made on the Motion. The Hearing was not granted by Judge Howard McKibben. On April 26, 2004 U.S. District Court Judge Howard McKibben Ordered the case to be Dismissed. Plaintiff is now making preparations to file an Appeal in the 9th Circuit Court of Appeals. Defendant's Motion to Dismiss by the U.S. Attorney's Office Pg.01 Pg.02 Pg.03 Pg.04 Pg.05 Pg.06 Pg.07 Pg.08 Pg.09 Pg.10 Pg.11 Pg.12 Defendant filed attached Exhibit A and Exhibit B, which were printouts on January 20, 2004 from the Archimedes Institute Claims Registry. This was the website where Nemitz originally published to the world at large his Claim for 433 Eros. Use your browser's "back" button to return to this Eros Project page after viewing an Exhibit on the Archimedes Institute website. Plaintiff's Response to Defendant's Motion to Dismiss by Gregory Nemitz Pg.01 Pg.02 Pg.03 Pg.04 Pg.05 Pg.06 Pg.07 Pg.08 Pg.09 Pg10 Pg.11 Pg.12 Pg.13 Pg.14 Pg.15 Pg.16 Pg.17 Pg.18 Pg.19 Pg.20 Pg.21 Pg.22 Pg.23 Pg.24 These document scans are formated to hinder text capture. No portion may be saved or copied for any purpose whatsoever. All Rights Reserved. Copyright 2004 by Orbital Development Defendant's Reply to Plaintiff's Response to Defendant's Motion to Dismiss by the U.S. Attorney's Office Pg.01 Pg.02 Pg.03 Pg.04 U.S. District Court Judge Howard McKibben's Order to Dismiss Pg.01 Pg.02 Pg.03 Pg.04 Pg.05   Food for Thought: "When you think of Space, Remember Beefjerky.com" This site is copyright © 2001- 2004 Orbital Development, www.orbdev.com	----- The Eros Project Orbital Development is at the forefront of the critical issue of "Property Rights in Space." Since March, 2000 the firm has managed the "Eros Project" which is designed to bring the issue into a United States of America Federal Court for a difinitive decision on the new legal subject of "Space Property Law." Company Details are at: www.OrbDev.com  The Eros Project is primarily sponsored by Beefjerky.com. You can support this critial legal work in progress by trying some delicious "Final Frontier Jerky" from Beefjerky.com. This is the beef jerky that is selected by Astronauts and has flown to Space three times. BeefJerky.com Orbital Development Details: History Capabilities Contact Information