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axanar_financials [2016/10/30 06:08] – [Axanar's Financials] adds subhead Carlos Pedrazaaxanar_financials [2018/02/10 09:37] (current) – [Tit for Tat] Carlos Pedraza
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 </WRAP> </WRAP>
  
-====== Court Grants Studios' Request For Axanar Financials ======+====== Court Grants Studios' Request for Axanar Financials ======
  
 **//Axanar's Attorney Opposes CBS, Paramount's Request for New Peters Deposition//** **//Axanar's Attorney Opposes CBS, Paramount's Request for New Peters Deposition//**
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 On October 28, 2016, Federal magistrate [[federal_magistrate_judge_charles_f._eick|Charles Eick]] signed the order proposed by the studios' attorneys, while Axanar's lawyer [[Erin Ranahan]] made her case for why the magistrate should reject CBS and Paramount's new motion. On October 28, 2016, Federal magistrate [[federal_magistrate_judge_charles_f._eick|Charles Eick]] signed the order proposed by the studios' attorneys, while Axanar's lawyer [[Erin Ranahan]] made her case for why the magistrate should reject CBS and Paramount's new motion.
 +
 +<wrap em>UPDATE</wrap> On Monday, October 31, Judge Charles Eick formally denied the plaintiffs' ex parte motion but still granted them most of what they sought.
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 +<wrap lo>//See also: [[emergency_motion|Court Orders Peters Deposition, Other Plaintiff Requests]]//</wrap>
 +
  
 ===== What CBS and Paramount Want ===== ===== What CBS and Paramount Want =====
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 ==== Tit for Tat ==== ==== Tit for Tat ====
  
-Ranahan went on to tell the court the emergency motion was a tit-for-tat after part of her [[compel_discovery|motion to compel discovery]] resulted in a court order forcing the plaintiffs to hand over more of the documents sought be the defense:+Ranahan went on to tell the court the emergency motion was a tit-for-tat after part of her [[compel_discovery|motion to compel discovery]] resulted in a court order forcing the plaintiffs to hand over more of the documents sought by the defense:
  
 > Apparently in response to being required to finally undertake a diligent search for responsive documents, Plaintiffs suddenly decided to manufacture their own discovery issues. … Defendants have continued to engage in good faith efforts to resolve these disputes, but it appears Plaintiffs were more interested in filing the [emergency motion] than genuinely reaching an efficient and reasonable resolution.((Defendants' Opposition to Plaintiffs' Ex Parte Application for Order, p. 2, 10/28/16.)) > Apparently in response to being required to finally undertake a diligent search for responsive documents, Plaintiffs suddenly decided to manufacture their own discovery issues. … Defendants have continued to engage in good faith efforts to resolve these disputes, but it appears Plaintiffs were more interested in filing the [emergency motion] than genuinely reaching an efficient and reasonable resolution.((Defendants' Opposition to Plaintiffs' Ex Parte Application for Order, p. 2, 10/28/16.))
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 However, her description of the financial information she gave the plaintiffs differed from the studios' description in their motion. Ranahan described it this way: However, her description of the financial information she gave the plaintiffs differed from the studios' description in their motion. Ranahan described it this way:
  
-> "Certain highly sensitive financial information consisting of thousands of pages of Alec Peters’ Quicken financial notes about expenditures. … Contrary to Plaintiffs’ representation in their Ex Parte Application, these notes were not prepared by an accountant, but were notes by Alec Peters. This information is currently being reviewed by an accountant. As Defendants have explained, these were preliminary notes from Quicken and were not a final accounting, which is still being prepared.+> "Certain highly sensitive financial information consisting of thousands of pages of Alec Peters’ Quicken financial notes about expenditures. … Contrary to Plaintiffs’ representation in their Ex Parte Application, <wrap hi>these notes were not prepared by an accountant, but were notes by Alec Peters</wrap>. This information is currently being reviewed by an accountant. As Defendants have explained, these were preliminary notes from Quicken and were not a final accounting, which is still being prepared.
  
 The plaintiffs had described the documents as: The plaintiffs had described the documents as:
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 > … a financial summary prepared by [Peters'] accountant. … This document shows the amounts and dates on which Mr. Peters paid himself and his colleagues, and paid for his personal expenses with funds from Star Trek fans.((Plaintiffs’ Ex Parte Application for Order, Memorandum of Points and Authorities, p. 7, 10/27/16.)) > … a financial summary prepared by [Peters'] accountant. … This document shows the amounts and dates on which Mr. Peters paid himself and his colleagues, and paid for his personal expenses with funds from Star Trek fans.((Plaintiffs’ Ex Parte Application for Order, Memorandum of Points and Authorities, p. 7, 10/27/16.))
  
-=== Peters', Attorney' Accounts Contradict ===+=== Peters' and Attorney's Accounts Contradict ===
  
 Contrary to Ranahan's description, as recently as October 29, Peters himself characterized the financial information this way: Contrary to Ranahan's description, as recently as October 29, Peters himself characterized the financial information this way:
  
-> The financials are complete and have been reviewed by an accountant and show me not having taken one dollar from Axanar over the TWO AND A HALF YEARS I have worked full time on this project. Every dollar donated is accounted for.(([[https://www.kickstarter.com/projects/194429923/star-trek-axanar/comments?cursor=14809457#comment-14809456|Alec Peters comment, Star Trek Axanar Kickstarter,]] 10/29/16.))+> <wrap hi>The financials are complete and have been reviewed by an accountant</wrap> and show me not having taken one dollar from Axanar over the TWO AND A HALF YEARS I have worked full time on this project. Every dollar donated is accounted for.(([[https://www.kickstarter.com/projects/194429923/star-trek-axanar/comments?cursor=14809457#comment-14809456|Alec Peters comment, Star Trek Axanar Kickstarter,]] 10/29/16.))
  
 And in the 40th episode of the official Axanar podcast he also claimed an accountant had completed a detailed financial audit covering the past two years. “Here’s every dollar that we spent,” Peters said, adding “CBS has it” for the lawsuit.(([[https://itunes.apple.com/podcast/40-from-our-perspective/id898628929?i=1000375868927&mt=2|Alec Peters, Axanar: The Official Podcast, Episode 40]], 9/27/16.)) And in the 40th episode of the official Axanar podcast he also claimed an accountant had completed a detailed financial audit covering the past two years. “Here’s every dollar that we spent,” Peters said, adding “CBS has it” for the lawsuit.(([[https://itunes.apple.com/podcast/40-from-our-perspective/id898628929?i=1000375868927&mt=2|Alec Peters, Axanar: The Official Podcast, Episode 40]], 9/27/16.))