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. 🙂
Join the discussion 47 Comments
Thanks for this update, for me I’m rather familiar with the lengthy court process, but it’s good to post this so everyone who doesn’t have a background with the US legal system can set expectations! Thank you again for everything you are doing!
After following/waiting for Final Fantasy XV for 10 years I’m pretty sure I can handle following/waiting for Axanar.
Excellent comment. Perspective is a terrible thing to waste!
This is welcome news. Keep up the great work. Looking forward to seeing this end. Better yet to have everything dismissed would be great so production can resume.
Thanks for the update. Although I understand that the whole court process can take a long time, I’m hopeful that the whole thing will be settled out of court with it being favorable towards Axanar.
So whatever Erin has told you, we hope to hear what that’s all about soon.
Compared to how long I spend waiting on Rothfuss or Martin to write a book, this will positively fly by in the way of comparison! 😛
Good to know it’s moving forward: regardless of the outcome (of course I’d love to see this film!), I think just a final decision is what everyone is waiting to hear. Ignore all the haters out there saying Axanar was the nail in the coffin for Star Trek fan-films: as the quality of fan productions increases to match what the established studios push out, eventually Paramount or CBS would have piped up.
You’ve a studio setup and staff on hand; are there any non-Star Trek side projects you’ve got on the back-burner you could look to work on, if it turns out to be summer next year before you have your case decided?
Oh we are working on many things! 🙂
And THANK YOU for your support!
Perhaps a Tommy Kraft/Ares Studios collaboration on his new movie “Project Discovery”. Boy I’d love to see that fleshed out with practical sets vs. the CGI (and very well made nonetheless) production of “Star Trek Horizon”.
As for the Ares bridge: it is ripe to be redressed for a new, original movie or webseries especially with some of the Babylon 5 geniuses on the Axanar team. They did so much with so little on that show. I look forward to seeing what emerges from Ares Studios.
And as always Alec, continued prayers for you and your team.
Is the filming of Axanar continuing while the court case is ongoing, or has all filming been out on hold while we wait for the outcome of the trial?
We haven’t made a decision yet. Stay tuned!
Please tell us that your good news is that Axanar can continue filming and it’ll be “in the can” before the proposed trial date.
Really, really helpful to have this process laid out so clearly–thanks! I continue to be impressed at the transparency the Axanar leadership has shown in the many facets of its operations. For us eager supporters it would be interesting to know if there are projects and facility uses which can go forward, even outside of actually filming Axanar, that would make use of all the investment and labor put into setting up the studio.
Given the schedule, and in the interests of clarity, does this mean production cannot go forward until the matter is settled or the trial concludes?
No, we are working through that now.
As always, thanks for being as forthcoming as circumstances allow you to be. It’s always very much appreciated.
An encouraging post, Alec. I’ll have to toast to the eventual resolution to this with a shot of tequila on this day of Cinco de Drinko… er Mayo.
Cinco de Mayo: When The French got Beat!
Well leaving with a smile that lasted all Day,… That mysterious have been a hell of a joke!
After 30 years as a bailiff, this timeline is about right. Protocol must be adhered to. Wishing you the best of luck, Alec
The studios have already set precedent by not protesting on any fan film ever in the past. Now, all a sudden? Really? I really do think the fans will prevale as we are truly fan based and non profit. Just like every other fan film.
We should do another crowd funding segment for Axanar while waiting for a decision.
Hope you will do well and we all can enjoy Axanar soon!!!
All the best from germany!!! Where Star Trek Fans are also waiting for your film ????
Hey Alec, thanks for the update. As lawyers, we are use to the routine, schedules, continuances, but I am always bewildered by the folks who read into such mundane and routine things. You all ate am amazing group that is always making sure we know the whole story. Thanks for that and your deducation. It’s all going to pay off.
Although the Constitution gives us all the right to a speedy trial, as it turns out, for our advocates to have time for background investigations, discovery and interviews of potential witnesses and experts (not to mention research into related cases and precedence already set in case law), speedy usually means failure. When I first heard of the lawsuit, I knew it would likely take the better part of a year if it were to go all the way to trial. A settlement could, of course, come a bit sooner and still could.
So, the schedule laid out here of just over a year (the action has already been going for a month or so now) seems to bare that out. No surprises here. Seems to be right on track. And as I have said before, I’m here for the long haul.
I am excited by the ‘VERY interesting – big smile’ thing. Knowing the background of Erin and her experience in such cases in the past, I would guess she feels you have a very strong and winnable case. Based only on the responses to CBS/Paramount so far, I would likely side with Erin and Axanar even if I weren’t a Star Trek fan and Axanar supporter. I get warm fuzzy feelings every time I read her responses to their assertions. Not only did Axanar Productions obtain pro bono representation but may well have obtained THE best representation in such matters on the west coast! I don’t believe it was luck. In fact, I don’t really believe in luck. What I do believe is that Erin saw through the lawsuit very quickly and knew from past experience it was a case she could win. And from what I’ve seen from her so far (and I bet she has many arrows left in her quiver we know nothing about), I believe her!
She is a super star! Thanks for your support!
I would hope filming continues but I can’t see it happening. If Paramount wins the case, I doubt they’ll be able to release the movie.
I donated for the Blu Ray perk and I would like to receive it.
#IstandwithAxanar !!! & with A.P. too !!!
Thanks to the Axanar lawyer team! I know if an out of court settlement is proposed you guys will stay true to the core values/truths, and spirit involved in non-profit fan films.
ONWARD and FOREWARD !!!! Thank you…..
Thanks for the updates! Information is the mortal enemy of rumor and speculation, so keep it coming!
Huh? Paramount’s IP beef is with the Klingon LANGUAGE?!?!?
Heck, Klingonese is nothing more than an offshoot of Yiddish.
In Trek III Kruge was really saying:
Thanks for keeping us all in the loop. They gave us lemons and you’ve supplied the sugar. Now I toast my Karn the Undying bust with lemonade.
I want everyone to stop buying any DVD, VHS, or get anything from CBS, or anything they have for sale. Don’t go to no new films that is comeing out from parmount stuido or from CBS or viacom. Don’t go and don’t buy not a thing. I am on anaxanr side, if this is not good this don’t go to no Star Trek convention they put on.
…seeing that schedule makes me worried (i hope it doesn’t take that long before Axanar goes into filming) =(
perhaps Axanar could be pro-active, and try to conform to the format of other fan productions which are NOT the target of corporate bullying? I.E. perhaps Axanar could be “made for TV”, rather than a “feature film”…?
Does Axanar have the luxury (TIME IS MONEY) of waiting for the legal process…? =(
Perhaps Axanar could try to show that they are addressing paramount’s concerns (stated or not) in a reasonable way, and do their best to reach settlement ASAP…?
PLEASE don’t let paramount slowly kill Axanar! =(
Thank you for the update – I was wondering how things were going. Best wishes always to the Axanar team!
Thxs for the update Alec, really hope this is settled soon because Im really axious to see the Axanar movie. Patience is not one of my strong suits in that regard. :-).
Thank you so much for the continued updates! Your defense team is so amazing and I wish you all the very best. This case is so vital, I don’t know how many people realize how important it is.
Thank you for the update and continued news. We Stand with Axanar! LLAP!
Thanks for the update Alec. My thanks to the Axanar team and Erin and her team at Winston & Strawn. Sounds positive. Reading about your talk with Erin putting a smile on your face put a smile on mine. Erin sounds top notch. I know the Axanar team are working through/ exploring possibilities for Axanar to move forward. It would be nice to see progress made there. Staying tuned…
From Toronto, Canada, thanks for the update Alec!
I have to wonder whether the ability (or inability) of an out-of-court settlement rides upon the success (or failure) of the pending new Start Trek “Beyond” movie release this July. Hope the new movie does well on its own, but if it hits a rocky patch, perhaps the CBS/Paramount financial team might warm to Axanar after all…
Interesting point. I’d also wonder how “threatened” CBS/Paramount might be with the pending TV Series preparing to STREAM next year? This project might/could be viewed as competitive in the sense of loyalty from us fans. Clearly, Trekkies (yes, I’m old school) want more Trek. We wouldn’t view 2 successful Trek ventures as “bad”, but the “suits” at CBS/Paramount may be looking at this differently.
Large companies like CBS/Paramount appear less interested in the art, and story – and focused on potential revenue earnings (return on investment). One would figure they’d learned from Amazon, Apple, Starbucks, and others who focus on the long-term vision understanding the revenue generated from intensely loyal fans more then surpass the value gained from risk mitigation and near-term earnings.
Axanar keeps Trek relevant, ultimately benefiting us all. CBS/Paramount, by keeping the “home fires warm” resolving to a healthy licensing machine for games, music, toys, media, etc. and the fans who can’t get enough GOOD trek. Prime example – look at the strength of Trek popularity when we had NextGen, DS9, Voyager, etc. The different versions didn’t take away from one another – they reinforced the quality, depth, and popularity of the property, just as Axanar is poised to do.
I sure hope someone at CBS/Paramount “finds Spock’s Brain” and figures this out!
LLAP and #StandwithAxanar
I want to give you all of a update
It is from Star Trek tv show TOS, nex gen, deep space 9, voyager only it is not for the movies
I don’t think?, you should look that up to.
I found out about 3 weeks ago that the patches can not be copyrighted ok so you should be ok at your end but just to make sure you need to look it up your self to.