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Captain’s Log – May 4th, 2016

By May 7, 2016 Captain's Log


Wednesday, May 4th, 2016

While this was a separate post on our blog, it bears repeating. 

As is standard procedure in law suits like this, Winston & Strawn, representing Axanar Productions and Alec Peters, and Loeb & Loeb, representing Paramount & CBS, filed a joint schedule (called a Rule 26 Joint Report) that will lead up to trial in May  2017.

A one year schedule of Motions and Discoveries with the possibility of a dozen or more appearances in court was set up.  This is a typical part of the process.  Now, some of the unscrupulous “news” sources who have been attacking Axanar would like you to think it is a delaying tactic, or an attempt by Paramount/CBS to grind Axanar down.  Fact is, this was agreed upon by both sides.

Next week Judge Klausener will consider the defense Motion to Dismiss.  It may take a few weeks before we hear anything from him.  Also, while there was supposed to be a hearing on the Motion to Dismiss Monday Judge Klausener has decided not to hold it (not unusual for him).  And of course the unscrupulous rumor mongers want you to think that is something unusual.  Well, no, this is typical for this judge, who Axanar lead attorney Erin Ranahan has appeared before previously (But Loeb & Loeb, attorneys for Paramount/CBS have not).

The schedule for Discoveries and Motions is as follows, and may be amended:

• 8 Jun 2016 – Last day to add parties – John Does

• 28 Oct 2016 – Cutoff for Discoveries

• 18 Nov 2016 – Expert Disclosures – Initial

• 16 Dec 2016 – Rebuttals to Expert Disclosures

• 27 Jan 2017 – Discovery cutoff

• 13 Feb 2017 – Motions due

• 24 April 2017 – Pre-trial Readiness Conference

• 9 May 2017 – Trial begins

A number of possibilities present themselves in the course of such a timeline including Alternative Dispute Resolution before a Federal Magistrate, an out-of-court settlement, or even the case being wholly or partially dismissed.  

This is a normal process and so sit back, relax, and let the professionals handle this – it’s what they are paid to do.  (or in the case of our attorneys at Winston & Strawn, what they are doing pro-bono because they love this case!).

So we sit and wait for Judge Klausner to rule on the Motion to Dismiss.  I find it hysterical that one of the main rumor mongers claimed we wanted the Motion to Dimiss to fail.   Not only does that make no sense to anyone with any legal training, it doesn’t make sense to anyone with any common sense.

Think about that and you will understand why I tell everyone to ignore the armchair lawyers.  Sometimes they are just trolling for attention.  Wait.  No.  They are ALWAYS trolling for attention.

But they do give us all a few good chuckles.  🙂

Alec Peters

Executive producer

Join the discussion 2 Comments

  • Terrance Roff says:

    Slowly things grind on… Hopefully with just a little luck we’ll see Axanar sometime this year. From a just common man/common sense POV CBS and paramount created a lot of precedent in permitting other trek based fan productions. The Judge will look at that carefully no doubt as this is a civil case. All the pretty legal language in the universe does not off set that both plantiffs have permitted fan based productions for decades, and only Axanar has been singled out. (to my knowledge..I could easily be wrong, but I cannot recall very little of either of them going after anyone for copywrite/IP violation over the years other then some edit mash up that used footage from the films and movies. I would think that they will have to make a real case as to why Axanar is special and warrants intersession by the courts. And I don’t really think that Axanar having such clearly pro standards of production warrents the sudden exective mass heart attacks and fainting spell on the part of the execs at said entities *grin*

    I wonder if either of them realize how much of a “self inflicted injury” risk they are taking? Trek has been around half a century. This is gonna be remembered pretty much forever.. Great way to irritate the fans. It may be thier IP, but at this point Trek is so deeply ingrained in american culture that it really belongs to all of us at this point. They’re just the nobbin’s that are allowed to make money off of the IP and give permission for others to make money off the IP..

    Of course the lazy buggers could just try crowd funding the next official trek movie .. wait, maybe thats the plan.. and damd Axanar productions set the bar so high that they’ll have to make even better trek movies and shows… Hummm, this has possibilities! *chuckles at the thought*

    I must wander off and consider new conspiricy theories now! Yes, yes I must!

  • Maestro Drake says:

    What can or can’t you do during this pre trial time as far as the production of this fan film?

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