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Captain’s Log – May 9-10th, 2016

By May 16, 2016 Captain's Log


Monday – Tuesday, May 9-10th, 2016

Monday we went to court for a scheduling conference.  It was impressive to be at the Federal Court House, which is a beautiful building.  And Judge Klausner was not at all like I expected (I kinda was thinking a Antonin Scalia type).  He seemed nice and enjoying his work.  Of course he had 10 hearings scheduled and he cancelled them all, laying to waste the ridiculous conspiracy theories around why the hearing was cancelled…he simply doesn’t like hearings and just reads the documents!

And as to scheduling, the Judge moved the trial up to January 31st, 3 1/2 months earlier than the parties had suggested.  of course this puts the trial square in the middle of the month the new Star Trek TV/web series launches! And that can not be good for CBS.  They have to hate that.  The Klingon amicus brief gained international attention for the Axanar case and none of it good for CBS and Paramount.  How much negative press will they get during the month leading up to the trial?

On Tuesday of course we heard that Judge Klausner had denied our Motion to Dismiss.  And while the haters loved telling everyone how that was a nail in the Axanar coffin, anyone who actually understands the law knows that a MtD is always an uphill climb.  Why?  Because the judge is required to assume ALL FACTS that the plaintiffs claim are in fact true.  It is a very steep hurdle for a defendant to overcome.  And even if you lose it, you are no worse off than you were when you first were served a complaint.  The defendant has nothing to lose and everything to gain.  And the Plaintiff has nothing to gain and everything to lose.  So when our Motion was denied I was disappointed, but we were no worse off.

Again, why you don’t listen to the bloggers with agendas and armchair lawyers who think they know what they are talking about….they don’t.

So it is off to the races.  Discovery is in motion.  And now the long grind to trial.

Thanks to everyone for your continued support!

Alec Peters

Join the discussion 25 Comments

  • W Ted Jones says:

    still got our fingers crosses wishing you all the best

  • marcus coull says:

    I’ll b with you till the end and beyond.No pun intended.The people will win.I’m positive about that ..

  • Ian Worrall says:

    I wonder how many Axanar supporters will try to attend the trial dressed as Sam Cogley from “Court Martial”? 😛

    • Kenny smith says:

      I my self like to get more info from him to where I want to come to the court to?, I am on his side 100% with him. If any one see this you should just plan to make it and come? TO LA COURT CA.

  • Kenny smith says:

    I want to come down there and be in a unform
    And sit in the seat, to here the case as well to?, it will help all of what I want to do to. I am on your side of 100% with you. I just need to get and book my train ticket by the end of June of this year to come down to my home town. I was born in the L.A. Area. I want you to know that I am with you all the way. Kenny smith or Kenneth L Smith.

  • Jason Moon says:

    Haters will assume that ANYTHING that happens will automatically spell the doom of Axanar: “They put their pants on one leg at a time, rather than both legs at once LIKE NORMAL PEOPLE! THIS MEANS SOMETHING!!!” https://www.youtube.com/watch?v=UQG5rsCtU2M

  • …i got bored and went over to trekcore to rag on the crappy nu-trek trailer, and the rumors started flying about the lack of promo, and the release getting pushed back, and paramount doing layoffs, and they are getting pissed about the crappiness of beyond…

    so, maybe karma is a bitch for paramount? (they deserve it) =P

    so, discovery, huh? does that mean subpoenas and depositions?

    would it help if we Axanerds petitioned the court with our support?

    go team Axanar! =D

  • Michael Miyabara-McCaskey says:

    “Discovery is in motion.” 🙂 Popping more popcorn…. this is good.

    And thanks for detailing the how the schedule lines up for CBS, that is truly funny! (well in a sarcastic serendipitous way)


  • Kevan says:

    Alec, thank you for all your updates, optimism, and leadership during this difficult time of Axanar’s production. I read all your Log entries, Blog entries, and postings on Facebook. I even read all the legal documents filed by both sides on the case docket. While I can (mostly) comprehend the legalese in the papers, and the logic of each side’s arguments, I appreciate the insight that you provide from your perspective to round things out. The naysayers are a vocal minority. Many of your donors (and supporters) may not be as active or vocal on the various social outlets, but know that we are cheering you and the Axanar team on, and Erin and her fantastic legal team at Winston & Strawn!

  • Doug says:

    Axanar will always have my support. I’m tired of CBS and Paramount and their “crush the little guy” attitude. They crossed the line too many times and nothing would thrill me more than seeing them be knocked off that pedestal they put themselves on. Enough is enough. I hope they lose in the courts AND in the theaters.

  • Bob says:

    I’ve watched prelude to Axanar several times and am so impressed with the production and storyline. Garth of Izar struck me as a more than the bad guy/ alien:monster of the week when I first saw Star Trek in the 70s.

    Anyway. My thought was more along the lines of how long Star Trek has been around and its effect on the public audience. We are saturated with Star Trek/ Wars and I wonder if that has any bearing on the issues here.

    Regardless this is s story that should be told to completion and I’d vastly prefer it told as it was started.


  • Brian Heite says:

    Did anyone see the “Trailer” for their new series? Sorry folks, but it looked like it was a “JJ ized move really fast and confuse everyone’s eyes with lots of “stuff”” ad. Had no meaning besides a bunch of planets and a tail end promising new characters, villains and planets. I really want to not let their poor attitude towards Axanar influence me, but that trailer is just behind the 1st one for the movie in terms of message value. Would have been better as wallpaper or something. I also noted a distinct difference in quality vs what Prelude had. But then, some naysayers would think I was prejudiced or something…

  • Dan England says:

    Gene Roddenberry must be turning in his grave. So much for his vision of mankind working together for the betterment of all, instead selfishness and greed have taken over. Looking forward to CBS/Paramount realising they are acting in opposition to the vision of Star Trek and when someone makes the true life film of this story they will be portrayed as the Ferengi.

  • Richard Bonomo says:

    Haters? Why would/does ANYONE hate a project like Axanar?!

    • Brian Heite says:

      Easy: jealousy, coveting something really good vs the cheap mass manufactured stuff they want us to watch, all the while wanting us to buy cheap trinkets and fake Spock Ears “official licensed” products. Originality and quality are expensive, and require imagination and a relationship with your customers. Both lacking in the entertainment industry today. Have you seen Fast and Furious 56 yet?

  • Robert Ellis says:

    Desilu :
    “its not making much money, so we must axe the show” – so ends, Star Trek – The Original Series.
    Desilu/Paramount say :
    “Its really popular in syndication .. lets bring it back.. as a cartoon… or a live series…, and squeeze it till it drops…”
    thus we had “Star Trek – The Animated Series”, a protracted live series, which ended up to become Star Trek – The Motion Picture, which nearly died due to such a bad and slooooooowww…. storyline….”
    Paramount Say :
    “It was so popular we must make another one and squeeze it till drops”
    We thus rejoice in “Star Trek – The Wrath of Khan”, get confused with “Star Trek – The Search for Spock”, Laugh at “Star Trek – The Voyage Home”, and go all Peter Pan and misty eyed with “Star Trek – The Undiscovered Country”
    In the meanwhile Paramount says :
    “Oh no, we need to keep it alive, alive… it can’t be allowed to die, we need a new face…”
    So we have “Star Trek – The Next Generation”, which the naysayers say isn’t Star Trek…
    Paramount say ” we must keep the show afloat.. somehow…”
    So we get “Star Trek – Deep Space Nine”, “Star Trek – Voyager” are televisions are awash with stars.. who trek in the federation universe…
    Paramount say “we must keep it alive… alive.. and we CAN…..!!!!!!!”
    So we get “Star Trek – Enterprise”
    Paramount say “Its not making much money, so we must axe the show”
    There ends Star Trek as we know it.
    But a little voice says “Well the original series was popular” (in hindsight), we can bring it back…
    and someone called JJ arrives with his Star (but not trek) ideas….
    So we get ‘Star Trek’, ‘Star Trek – Into Darkness”
    Paramount say “Its really popular, lets make a book, or a TV series (but what about a cartoon?)…”
    So we await a new Star Trek series in 2017….
    In the meanwhile…
    Paramount say “we want to keep the series alive, for all Star Trek fans, and make it like the old series”
    but in the meanwhile…
    Axanar a film made by fans for fans of the series, of the original “non J.J. alteration”, are refused to make a film, because it might infringe copyright of a fictional language…
    Star Trek Fans around the world say to Paramount – Go Forth and Multiply in a fictional language, with the adjective “fubar”

  • Doc Hubbard says:

    Good Luck Alec and Axanar crew you are definately in our thoughts and prayers.

  • JJ on #axanar: ” Lin went to the studio, felt like this wasn’t the way to be dealing with the fans. ”

    JJ on #Axanar: “So we pushed the studio on that I can tell you tonight that in a couple of weeks the lawsuit will be going away.”

    Statement from CBS & Paramount regarding JJ Abrams’ announcement about the #Axanar lawsuit:
    “We’re pleased to confirm we are in settlement discussions and are also working on a set of fan film guidelines.”

    *THIS* is the BEST NEWS of the night! Lin is a GOOD man! and a REAL FAN! (I Love you, man)(‘snif)

  • Jason says:

    So has CBS/Paramount dropped the lawsuit? I know that JJ is saying that he and Lin convinced them, but I have not heard any official confirmation from the CBS/Paramount or from Axanar Productions.

    • Kenny smith says:

      Thank you for asking the right question ok?, but I do want to here it from the people at parmount stuido and not JJ ?
      I still want the judge to here a lot more about what parmount have did to all of the Star Trek fans websites they can’t post no more photos of other type of ship that they never used

  • Bob says:

    And common sense prevails at long last.

    For those who seem to enjoy throwing dirt, have you realized that a utopian science fi future is being made in a capitalistic society? Irony a bit.

    I’ll take whatever trek I can get. Even Viyager had some strong points. I’d like to ask posters to aim high and be optimistic rather than being negative. For micro detailing and whining there are many other fan boy sites to frequent.

    Hope that the cast can swing back into production mode quickly. There’s a great story to tell.


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