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.
The assertion that Axanar Productions is having to wait to have its day in court is more misleading nonsense; as next week Judge R. Gary Klausner will consider the defense Motion to Dismiss. And while Judge Klausner has decided not to hold a hearing on the Motion to Dismiss (not unusual for him) there will be a scheduling conference that day.
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!).
Oh, and I had a half hour conversation with Erin today which was VERY interesting and she told me something that left me with a big smile on my face. I have to say, Erin loves her job so much, I just want to talk about the case all day with her. So when she tells me that I can share the news with you all I will. :-)
Alec