Eros Project
NEWS

Eros Project Home Page
The Eros Project home page.

Complaint for Declaratory Judgement
The Eros Project finally proceeds into the United States District Court, District of Nevada. On November 6, 2003, Mr. Gregory W. Nemitz filed documents in Federal Court to demand a determination of his Rights in relation to his property claim for Asteroid 433, Eros. A jury will decide the case.

U.S. Department of State Responds
On August 15, 2003 the United States Department of State responds to the Eros Project and its claims. This official action creates a "case in actual controversy" which
gives a Federal Court jurisdiction to hear the case.

NASA Makes its Final Determination
On January 21, 2003 NASA sends its final determination to OrbDev's invoice for Parking and Storage Fees for the NEAR Shoemaker spacecraft, permanently parked on Eros.

Eros Project Links

Details of the Project
  Project Overview
 Selected Images

  Parking and Storage Facility
  MetroCircus - A City for Eros
  Eros Facts and Estimated Value
  Space Property Rights Explained
  Legal Affairs and Letters
  Eros in the News


The future of on-line Shopping.

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

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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

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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

Defendant's Reply to Plaintiff's Response to Defendant's Motion to Dismiss, Page 1.
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U.S. District Court Judge Howard McKibben's
Order to Dismiss

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----- 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 many times.

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