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{{::prelude-cast-gossett.jpg|}} \\
<wrap lo>**HAPPIER DAYS** //Prelude to Axanar// director Christian Gossett poses with his cast of scifi and Star Trek alumni. Pictured from left: Kate Vernon, J.G. Hertzler, Gary Graham, Gossett, producer Alec Peters and Richard Hatch. (//Photo/Axanar Productions//)</wrap>
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====== ‘Prelude’ Director's Deposition Raises Big Issues ======
**//Axanar Attorney Sought to Represent Witnesses Subpoenaed by Plaintiffs//**
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//**__ __**// <wrap lo>**By [[user>cpedraza|Carlos Pedraza]]**</wrap>
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<wrap em>UPDATE</wrap> Christian Gossett, director //Prelude to Axanar//, was deposed October 22, 2016, revealing a trove of emails exchanged with producer [[Alec Peters]], who had not disclosed their existence, and prompting an emergency motion by attorneys for CBS and Paramount.

Gossett's deposition in the copyright infringement lawsuit against Axanar had previously been postponed from September 16.

[{{::gossett-sm.jpg?150|//Prelude// director **Christian Gossett**.}}]

<wrap lo>//See also: [[missing_emails|Plaintiffs: Peters Withheld Trove of Email]]//</wrap>

Lawyers from [[Loeb & Loeb]] informed Gossett his deposition would be rescheduled to October. Gossett did not say whether the attorneys gave a reason for the delay.

Gossett, who left Axanar in May 2015 after a dispute with producer and defendant [[Alec Peters]] has become an [[http://www.gandtshow.com/g-t-show-sl-christian-gossett/|outspoken critic]] of Peters' management.

<wrap lo>//See also: [[mcintosh_subpoena|Former Axanar Officer Served with Subpoena]]//</wrap>

Gossett's subpoena is the second to become public, following the one [[mcintosh_subpoena|served]] to former Axanar chief technologist [[Terry McIntosh]]. Both subpoenas were for depositions to be led by the studios' lawyers from [[Loeb & Loeb]].

[{{ :terry-headshot.jpg?nolink&150|**Terry McIntosh**}}]

===== McIntosh Deposition Postponed Again =====

Former Axanar CTO Terry McIntosh said October 7, 2016, that he asked for his deposition, now to be conducted in Seattle, to be moved to October 28, after an earlier amended subpoena had rescheduled it to October 14:

> Since I'm rather looking forward to participating in the process, and have already collected the majority of the requested materials that I'll be submitting [[mcintosh_subpoena|for review]] — over 3TB worth, so far, and I'm still gathering — this makes things more manageable.(([[face>groups/CBSvsAxanar/permalink/1326765640668136/|Terry Mcintosh post, CBS/Paramount vs. Axanar Facebook group]], 10/7/16.))

McIntosh had earlier protested he would not travel to Los Angeles at his own expense for the deposition.(([[face>groups/CBSvsAxanar/permalink/1296034653741235/?comment_id=1296042767073757&reply_comment_id=1296045743740126&comment_tracking=%257B%2522tn%2522%253A%2522R9%2522%257D|Terry McIntosh post, CBS/Paramount vs. Axanar Facebook group]], 9/2/16.))
===== Represented by Axanar Attorney? =====

In a curious development, Axanar defense attorney [[Erin Ranahan]] appeared to be reaching out to witnesses being deposed by Loeb to offer her services at depositions. McIntosh revealed she had phoned him September 13 with the offer:

> I was contacted by the counsel for the defense, Erin Ranahan — very nice lady — and she offered to represent me, as an individual, pro bono at the deposition. I accepted. I very likely also will have additional counsel present, at my expense, which is my right, too.(([[face>groups/CBSvsAxanar/permalink/1305688256109208/|Terry McIntosh post, CBS/Paramount vs. Axanar Facebook group]], 9/13/16.))

McIntosh later turned down the offer after his own counsel expressed concerns.

Meanwhile, Gossett disclosed to **AxaMonitor** that Ranahan had contacted him as well, but on his attorney's advice did not return the call. He planned to have his own counsel at the deposition that was to be held at Loeb's California office.

According to court documents, Ranahan represented //Axanar// director [[Robert Meyer Burnett]], co-writer Bill Hunt and fulfillment director [[perks|Diana Kingsbury]].

[{{ :ranahan_3.32.06_am.jpg?nolink&200|**CURIOUSLY**, Axanar attorney **Erin Ranahan**, of the firm [[Winston & Strawn]], represented several Axanar figures who were to be deposed by the plaintiffs attorneys from Loeb & Loeb.}}]
==== Conflict of Interest ====

Legal observers were surprised by Ranahan's offer since it carries the possibility of a conflict between McIntosh's interests and those of defendants she represents in the same case, Peters and Axanar Productions. The American Bar Association defines such a conflict like this:

> According to the Restatement of the Law Governing Lawyers, a conflict of interest exists “if there is a substantial risk that the lawyer’s representation of the client would be materially and adversely affected by the lawyer’s own interests or by the lawyer’s duties to another current client, a former client, or a third person.”(([[http://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/conflictsofinterest.html|Ellen Yankiver Suni, "Conflicts of Interest," GPSolo Magazine]], American Bar Association, October-November 2005.))

Though the defense is already allowed to observe depositions, formally representing McIntosh gives Ranahan the opportunity to object on the record to questions asked of him. The admissibility of testimony objected to by Ranahan is ruled upon later by [[judge_r._gary_klausner|Judge R. Gary Klausner]].

Phone calls to Ranahan's office by **AxaMonitor** for comment were not returned.

===== Terms of the Subpoena =====

Gossett's subpoena requires him to testify and to submit a wide variety of documents and communications in his possession, including relevant social media postings, texts and private messages. The lengthy list of items requested in the subpoena may provide clues as to avenues the plaintiffs may pursue in the case.

<WRAP right round info 50%>
<wrap lo>**Axanar, Prelude and the Axanar Works** \\
To avoid confusion, the generic term Axanar in this article refers to what the subpoena describes as "the Axanar Works," which encompass both //Prelude to Axanar// and //Axanar//. Specific references to the feature film by itself use the italicized title, //Axanar//.</wrap>
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==== Documents, Records Sought ====

In the subpoena, the plaintiffs specifically sought:

  * **SCRIPTS** All versions of scripts for //Prelude to Axanar// and the planned feature, //Axanar// (referred to collectively by the plaintiffs as "the Axanar Works."
  * **DEVELOPMENT** Treatments, production notes, storyboards, drafts, notes, pitch memos, screenplays, outlines and/or revisions relating to Axanar, and their respective development.
  * **SETS** Records related to Axanar's sets.
  * **DESIGNS & VFX** Any documents related to design for Axanar, including CGI/visual effects.
  * **PROPS** Records related to purchase, design, construction or use of props for the films.

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//**__The plaintiffs seek all records, communication and business plans about the studio Alec Peters built with donor funds.__**//
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  * **CONTRACTS** All agreements with third parties providing services for production of Axanar.
  * **INFRINGEMENT** All documents, including those from third parties, reflecting any opinion about Axanar's possible infringement of Star Trek copyrights, or whether the studios' permission was required.
  * **COSTUMES** Anything related to Axanar costumes.
  * **ARES STUDIO** All records relating to the soundstage Peters had built in his leased warehouse using donor funds. The subpoena sought anything about the leasing or purchase of the studio, its ownership, its construction (including all financial documents) and its use.
  * **FUTURE USE** of the studio, especially agreements, business plans, incorporation documents and tax documents.
  * **SCHEDULES** associated with making the films, including writing and preproduction timelines, production schedules and post-production plans, including editing.
  * **CHARACTERS** Anything related to the characters portrayed in the films, including production notes, casting sheets, casting notes and character biographies.
  * **FOOTAGE** Any footage already created for Axanar, including cuts and sequences filmed buy not yet distributed. Presumably, this would include visual effects sequences produced by Tobias Richter. \\ [{{ ::gosset-prelude-set.jpg?300|**ON SET** Director Christian Gossett with actor Kate Vernon shooting //Prelude to Axanar// in 2014. (//Photo/Axanar Productions//)}}]
  * **ALL COMMUNICATIONS**, both public and private, including those with third parties, regarding Axanar. In addition, the subpoena specifically sought communications with actors, investors or donors.
  * **SOCIAL MEDIA** Any postings Gossett may have made with regard to the lawsuit, Axanar, the copyright Star Trek works, and references to either CBS or Paramount.
  * **PLAINTIFFS** Records and communications with, or related to, either CBS or Paramount.
  * **LAWSUIT**-related communications.
  * **STAR TREK**-related documents, including those related to its copyrights, including copies of Star Trek works Gossett may have used in developing any part of the Axanar Works, including books, films or television shows.
  * **INSPIRATION** Pre-existing writings or audio-visual works upon which any part of Axanar is based, or from which the Axanar Works arose.
  * **FUNDRAISING** All documents relating to Axanar's fundraising.
  * **SPENDING** Records showing how money was spent on Axanar, especially money raised from investors.
  * **PAYMENTS** Documents naming individuals who received money with respect to Axanar, and the amount of the payments.
  * **COPYRIGHT** applications and registrations for anything related to Axanar, and any communications regarding such.
  * **INDEPENDENT WORKS** Documents that Gossett believes support or establish the original conception of Axanar apart from Star Trek-copyright works.
  * **DISTRIBUTION** Any plans for distribution for the Axanar Works, including documents regarding how many views any of the Axanar Works attracted online, communications with YouTube and any efforts to monetize Axanar-related videos.
  * **REVENUE** All documents showing revenue derived from Axanar, especially from advertising.
  * **PRODUCTS** Records about sale or distribution of [[merchandise|products or physical materials]] related to Axanar — as well as their design, manufacturing and sale — sold through the Axanar store or given to donors as perks.
  * **KICKSTARTER** All Axanar-related communications with the [[crowdfunding_platforms|crowdfunding]] platform.
  * **INDIEGOGO** All Axanar-related communications with the crowdfunding platform for Axanar's [[axanar_indiegogo_details|third campaign]].

==== Persons of Interest ====

The subpoena identified specific individuals in which plaintiffs sought Gossett's Axanar-related communications, including:
    * Peters, the producer
    * [[Axanar Productions]]
    * //Prelude// editor and //Axanar// director [[Robert Meyer Burnett]]
    * Former chief technologist McIntosh
    * [[imdb>name/nm2181325/|Alexander Bornstein]], composer of the score for Prelude to Axanar, the CD for which is sold in Axanar’s Donor Store.
    * [[imdb>name/nm3729709/|Bing Bailey]], digital imaging technician and colorist for //Prelude to Axanar//
    * **Diana Kingsbury**, associate producer and fulfillment director (responsible for [[perks|shipping]] Axanar [[merchandise]])
    * [[imdb>name/nm0817189/|Michael Spatola]], makeup artist and head of the [[http://www.cinemamakeup.com/|Cinema Makeup School]]. Peters described him as “a two-time Emmy nominee and a huge Star Trek fan.”(([[http://www.axanarproductions.com/captains-log-may-7-2015/|Alec Peters, Captain's Log]], Axanar Productions website, 5/7/16.)) Spatola was due to head the makeup team on //Axanar//.
    * [[imdb>name/nm0784793/|Frank Serafine]], supervising sound designer/editor for //Prelude//, who has also worked on such films as //Star Trek: The Motion Picture//, //Tron Legacy// and //The Addams Family//.
    * [[imdb>name/nm0003952/|Adam Howard]], the on-set visual effects supervisor for //Prelude//, and a visual effects artist whose previous work includes //Star Trek: The Next Generation// and a wide variety of TV shows and films, including the Oscar-winning //Birdman//. 

Of the two subpoenas so far made public, Serafine appeared only in Gossett's. His name did not appear on Terry [[mcintosh_subpoena|McIntosh's subpoena]]. {{:axamonitor-ico.gif?nolink|}}

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**Keywords** {{tag>lawsuit players plaintiffs defendants}}