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