By a stipulated order filed on Wednesday, July 30, 2008, the complaint was dismissed in Eclipse Aviation Corporation v. John Doe et al., No. D-202-CV-2008-02624, New Mexico Second Judicial District Court.
I didn't know this when I wrote my last article, on Thursday morning, July 31. There's often a delay of one to three business days before things show up on the New Mexico case information website, and the following item was just added on Friday evening: "7/30/2008 FILING STIPULATED ORDER OF DISMISSAL WITHOUT PREJUDICE". I don't yet have a copy of the order, but see the current docket listing (and cf. the docket listing as of July 31).
On Thursday, with the underlying case having been closed, the subpoena in California had become invalid, and the motion to quash it was moot. Accordingly, the motion was taken off the hearing calendar, thus bringing the California proceeding to a close as well (and also mooting my pending request for permission to record the hearing). See the tentative ruling that was posted on Thursday afternoon for a written record of the matter being taken off-calendar. A slightly more definitive (but probably no more informative) minute order should be filed next week.
Because no answer to the complaint had been filed, I believe Eclipse could have dismissed its complaint by simply filing a notice of dismissal, per Rule 1-041(A)(1)(a) NMRA. The fact that the parties bothered with a stipulated dismissal order may indicate that the order contains some additional provisions beyond a simple dismissal without prejudice.
Sometime in the next couple weeks, I expect to obtain and post here most of the court documents that I do not yet have, including the original complaint (filed March 18), Eclipse's and the Does' supplemental papers on the motion to quash (filed July 21 and July 25), the Does' motion to dismiss (filed July 22), and the stipulated dismissal order (filed July 30).
