Class-Action-Lawsuits Monday, April 25th 2016 Today Erin Ranahan and her crack team filed our response to the Paramount/CBS response to the Motion to Dismiss we filed.  Now what does that all mean? Well, here is a quick rundown of what has happened up until now:
  1. Paramount  & CBS filed a Complaint (the law suit).
  2. Axanar filed a Motion to Dismiss (Basically saying the complaint had fatal flaws).
  3. Instead of responding, Paramount/CBS amended their complaint. (Addressing the flaws).
  4. Axanar filed another Motion to Dismiss. (Yeah, still got fatal flaws).
  5. Paramount/CBS filed their response to the motion. (We think their motion is wrong because...).
  6. Axanar filed their response back (Yeah, their response didn't change anything).

And now the judge will rule on the motion and responses and we should know something in 4-6 weeks.  What could happen?

Well, the judge could rule in favor of Axanar on none, some or all of the points we made in the Motion to Dismiss.  If he does, he may grant Paramount/CBS leave to amend their complaint.  But at that point, it is also possible that the claim against Axanar  the feature could be dismissed as "unripe", meaning, since we haven't made Axanar, there is no way that a court could find it violated copyright and that it is not "Fair Use".  There is simply nothing to judge yet.

So take a look at the Response, it is available on the Axanar Fan Group.

We will have more to you this week on the case.

Alec

Winston & Strawn