No :'( i never did get it fixed. I am not wanting to put a lot of money into the diagnosing so it has just been something that although it is very annoying and quite embarrassing I live with. I did remove the back seat for a little while and had the X5 take a little longer to start (7-8 cranks) a few times, but each time I did hear the fuel pump running and since a fuel pump costs $265 I didn't feel like just throwing one it for the hell of it.

Hardest part about figuring out what the problem is that it doesn't happen all the time, and when it does happen, it doesn't throw any codes.

Several things it could be after what little research i have done:
transmitter in key?
receiver ring around ignition switch?
fuel pump?
ecu?

Even a new key, which i should get because when I got the car I only got one, is $160.

If anyone has else has ever seen this problem please let us know, on any car with a 4.4 for that matter. If anyone has any ideas on what to check those are appreciated also.

Thanks

(sorry I wasn't much help)