By Scott Hamilton
Oct. 28, 2022, © Leeham News: A settlement has been reached between the Mammoth Freighters and other plaintiffs and NIAR, the aerospace research arm of Wichita State University, it was announced today.
“This agreement now concludes all existing litigation between NIAR and Wagner/Mammoth, without any payment from either party or restrictions on NIAR, its personnel, its customers or partners, or its conversion aircraft program going forward,” NIAR/WSU said in a statement. The court filing dismissing the lawsuit says each side bears its own costs.
By Scott Hamilton
Update, Oct. 11, 2022, (c) Leeham News: The US District Court of Southern California posted its Oct. 7 order on Oct. 11 denying Mammoth Freighter’s motion for a preliminary injunction against David Dotzenroth, Sequoia Aircraft Conversions and NIAR, the engineering arm of the University of Wichita.
Among the findings:
A copy of the order is here: 10-6-22 Order Prelim Injunction and here: Oct 7 Order Prelim Injunction et al
Mammoth could move to dismiss the lawsuit. If it doesn’t, the Defendants could move for a Summary Judgment dismissing the lawsuit. Or Mammoth could proceed with the lawsuit despite the court’s conclusions to date.
There is no deadline to pursue any of these options.
Oct. 7, 2022, © Leeham News: The US District Court of Southern California denied a request by Mammoth Freighters for a preliminary injunction against David Dotzenroth, Sequoia Aircraft Conversions and others in the long-running lawsuit alleging the defendants with theft of trade secrets and intellectual property.
The order was issued on Sept. 28, but it has not been published yet. LNA learned of the order in a filing yesterday by the defendants seeking publication of the order on the PACER court website.
“The Order was filed under seal as Document 373, but there is no entry on the public docket indicating that it was entered or that Plaintiffs’ motion was denied,” the attorney for Dotzenroth, et al, wrote in a motion seeking publication of the order.
Denial of the motion for a Preliminary Injunction is a major blow to Mammoth. Although the Oct. 6 motion doesn’t contain details of the Sept. 28 order, the Cornell University Law School website states factors a court will consider in a request for an injunction.