Since SpaceX filed its lawsuit (captioned Space Exploration Technologies Corp. v. Valador, Inc. and Joseph Fragola, Civil Action No. 2011-08756, Circuit Court of Fairfax County, Virginia), the Parties have been working collaboratively to resolve the matter. Regarding the underlying facts, Dr. Fragola investigated a rumor regarding the performance of the Falcon 9 launch vehicle during its most recent launch. Through email communications with both NASA and SpaceX on June 8, 2011, Dr. Fragola confirmed that the rumor was false in that no Falcon 9 engines failed and the first stage did not explode. There was independent NASA tracking and video of the flight, and subsequent debriefing with NASA, indicating no such failures or explosions.
The Parties regret any misunderstanding or misinterpretation resulting either from the investigation of the rumor or from statements concerning the possible motives for that investigation. The Parties have mutually agreed to resolve their differences and to terminate the lawsuit and any potential counterclaims over this matter. The Parties remain jointly committed to excellence in the continued development of aerospace technology in the industry as a whole.
