Can I tell you how cool it is to have a firm like Winston & Strawn defending us? I had a long call with Erin Ranahan, our amazing and brilliant lawyer today, and it really was such a positive experience.
So here is the skinny. Winston & Strawn filed a MOTION on behalf of Axanar based on certain aspects of Paramount/CBS’s COMPLAINT. This is not an ANSWER, but basically says “Wait, before we answer, we find the following fatal flaws in your complaint.”
Currently, Plaintiffs’ response is due February 29 and our reply is due March 7. If the court grants the parties’ stipulation to push out the deadlines, Plaintiffs will have till March 11th to respond, and then we have till the 28th to respond to their response. Then the judge will make a ruling (There is a possibility of a hearing, but this judge doesn’t seem to do that much).
Based on that outcome, two things can happen:
1) The judge denies the entire MOTION, finding in favor of Plaintiffs. We then have 14 business days to file an ANSWER to the original COMPLAINT (unless the Court sets another deadline).
2) The judge grants some part of the MOTION for Axanar and then Plaintiffs have the opportunity to file a new COMPLAINT, within the timeframe ordered by the Court (typically around 10 days), which we would then have 14 days to file an ANSWER (unless the Court sets another deadline).
And basically EVERYTHING you have read online about this case is wrong.
So that is where we are!
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It appears that your attorney is at least part Vulcan? 🙂
Alec says: ‘And basically EVERYTHING you have read online about this case is wrong. ‘ I take that as a good indication that we should all just stand down and allow the lawyers to do their lawyering, and concentrate on the good things we have: A cool group of people trying to make the best movie they can, a cool crowd of people willing to fund it, and wait it out. Thanks to the wonderful folks at Winston and Strawn for their help, and particularly to Erin Ranahan for her apparently, earthshaking knowledge and wisdom of how this case works. Alec, please let us know if we can help with anything you or your team needs, we all stand with you!
Hang tough Alec… Your Lawyers are a class act and legal proceedings like a chess game…
All moves are determined by tge previous moves a judicial precedent. Often steering the opponent into the position desired…
Alec – Is there an injunction/stay against you guys continuing to work/film?
Is there any visible horizon to this? Is a possible compromise in the works that may work out to being a better case for all, rather than limiting Axanar?
Surely that would be the ideal situation. Would love to see Axanar team given the official praise and recognition they deserve. Imagine making Axanar productions/studio part of an official team that are allowed to make Trek related direct to video or new CBS streaming productions. Given the playbox of Trek and that they can do whatever they want in the prime universe timeline. We could only hope.
I think you filed a great response … Really nailed it. Having said that I hope you guys can survive the battle of waiting as nothing moves quick in court. Good luck
Great work. There are more people than appear here rooting for you.
After watching Horizon (which is a real treat for fandom, just too much lens flare 🙂 ) I think you should file another Motion for Dismissal based on selective prosecution. Horizon could be a season 4 episode of “Enterprise” including the NX-01, Temporal Cold War and lots of other “copyright infringements” and hasn’t been bothered by lawyers. Axanar takes place during an era not covered by any movie or series and they’re after you??? Worth a shot.
as you said, the Plaintiff response to Court was planned to 29 Feb but I don’t have news about their response. Has the Court granted a delay to CBS/Paramount ?
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as well as never leave a dirty mess.